My Lords, Clause 2 sets out the manner in which the animal sentience committee reports. In particular, Clause 2(2) sets out
“whether, or to what extent, the government is having, or has had, all due regard to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings.”
Assuming that there is an adverse effect, subsection (4) imposes a duty on the Government to have “all due regard” to this adverse effect. Amendment 44 ensures that, in making their response to the committee’s report, the Government include what steps they are going to take to remedy this adverse effect. The primary purpose of the Bill is to advance animal welfare, and the Government are setting up this animal sentience committee to provide a critique of the Government’s policies as a way of achieving this. The committee will publish reports and the Government will respond.
Amendment 44 deals with another what and when. What happens when the committee finds that the Government have not had all due regard for the welfare of animals as sentient beings? In the case of past policy, will it be repealed or amended? In the case of present policy, will it be paused? In the case of future policy, will it be suspended? What happens when a policy is found to have been answered negatively but cannot be repealed or amended? Do the Government continue with the policy in conflict with their own committee’s report? Can the Government then be subject to a judicial review? These are important questions, and it is therefore necessary that the Government in their response go to some length in trying to satisfy them so that they can continue governing.
It is equally necessary for businesses to be made aware of any changes, so that they, too, can prepare and make appropriate changes to their actions. We know what happened when Natural England suspended general licences. We cannot experience such chaos and such tragedies again. We all agree that we must do our best to prevent unintended consequences, especially ones that harm the welfare of animals and people’s livelihoods.
In short, that is what Amendment 44 seeks to do: to ensure that any actions to be taken are properly communicated and delivered in such a way as to avoid harming the welfare of animals, and in doing so to
protect the associated livelihoods of those whom the action will impact. Be under no illusion: as drafted, the powers of this committee are significant. The demands on government will be even more significant and the potential consequences may be enormous. We must therefore have answers to the why, the what and the whens before this legislation becomes law; otherwise, it will be far too late.