My Lords, in the absence of my noble friend Lord Mancroft, I have been asked to introduce this amendment. I think he is either on his sick bed or on a horse; I am not quite sure which.
Before I start, I will pay tribute to the Minister. He is making a pretty good fist of what is almost indefensible. I congratulate him but gently remind him that, although this may not be the result of social media, if memory serves me right he told us in Committee that, while still a Member of the House of Commons, he had had something like 200 messages—probably mostly from Liberal Democrat opponents—saying that the Government had to introduce an animal sentience Bill. He will correct me if I am wrong, but I think he told me that.
Amendment 3 and other amendments wish to introduce some clarity regarding the Government’s intentions about appointments to the committee and the committee’s own role in those appointments. For instance, should the Secretary of State appoint people; if so, what qualifications should they have and for how long should they be appointed; and, to quote from subsection (3), what “terms” will determine the appointments? I know my noble friend Lady McIntosh, a fellow “extremist right-winger”, will speak on later amendments on this subject.
One of the concerns expressed repeatedly as the Bill has made progress is the lack of clarity about the role of the committee, how members will be appointed and how the committee will operate. In response, the Minister agreed to publish the draft terms of reference, which has now been done, but the draft terms provide little additional clarity, and there is little if anything binding
current or future Ministers. Indeed, the shortcomings of the terms of reference seem to confirm the concerns expressed by noble Lords at earlier stages. The terms indicate the establishment of this animal welfare centre of expertise, bringing together the various animal welfare advisory committees already in existence, as well as the new committee. This seems to be a recognition of the potential overlap and conflict between the various committees yet, unlike other committees, the sentience committee will enjoy statutory status and a reporting function to Parliament.
Perhaps most concerning is the ongoing lack of clarity as to whether the committee will be looking at and advising on the process of making and implementing policy, or indeed of policy itself. The terms of reference state that once established, it will be for the committee to formally ratify its objectives and responsibilities. As a committee established by statute, its objectives and responsibilities should be found in the establishing Act of Parliament, which we are discussing now. It should not be for the committee to ratify its “objectives and responsibilities”. These amendments, together with proposed new Schedule 1, seek to give some clarity and certainty where this is currently lacking.
I do not wish to repeat things that have already been said or detain the House unnecessarily, but I believe that the terms of reference leave unresolved a great many issues.
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