Animal Welfare (Sentience) Act 2022

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Animal Welfare (Sentience) Act 2022
Lord Benyon (Lords)
Territorial extent United Kingdom
Dates
Royal assent28 April 2022
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted

The Animal Welfare (Sentience) Act 2022 (c. 22) is an act of the

animal sentience in law for the first time.[2][3] The scope of the legislation includes all vertebrates and some invertebrates such as octopuses and lobsters.[4]

Background

The bill was created after an original attempt to reintroduce animal sentience back into the law through the Animal Welfare (Sentencing and Recognition of Sentience) Bill 2017.[5] Before Brexit sentience was provided through Article 13 of the Treaty on the Functioning of the European Union which stated that states "shall, since animals are sentient beings, pay full regard to the welfare requirements of animals" when they formulate EU policies.[6] On the 15 November 2017, a vote was taken on whether to incorporate Article 13 into the EU (Withdrawal) Bill where it was defeated 313 to 295 votes in the House of Commons,[7]  as well as 211 against 169 for in the House of Lords.[8]  The Animal Welfare (Sentience) Bill partly came about through the desire to separate out the two sections of the Animal Welfare (Sentencing and Recognition of Sentience) Bill, being sentencing and sentience.[9]

Passage

The bill was introduced by minister Lord Goldsmith of Richmond Park on 13 May 2021.[10]

Reception

Fears that the bill will infringe on "

halal slaughter, game shooting, killing vermin on farms and testing medical products on animals" were raised in a letter written by several Tory donors.[11] Further complaints were raised such as the notion that the UK has recognised animal sentience and that animal welfare has been around in the UK for 200 years (originally introduced in the Cruel Treatment of Cattle Act 1822).[12] This sentiment was expressed by Nick Herbert in the House of Lords as well as by Daniel Hannan, arguing that the law is already clear on the issue. The idea that the law in place is already enough may not be accurate after Brexit, Angus Nurse argues that leaving the EU will result in a step back in terms of animal rights, returning animals to the status of things.[13] The reason for this is that there are significant differences between the laws MPs state as reasons for not including sentience in the law and the protections that used to be granted by EU law, in particular Article 13.[14] Steven McCulloch draws attention to the fact that the Animal Welfare Act fails to protect wild animals whereas Article 13 protects all sentient animals.[14] Therefore, the firm placement of animal sentience in the law could be a step in the right direction for animal welfare according to Jessica Horton and Jonathan Merritt.[15]

There has also been critique that the original bill did not go far enough as it fails to recognise the sentience of invertebrates. According to recent studies conducted by C. M. Sherwin, the notion that invertebrates are not sentient is incorrect, as many studies on them are conducted differently.[16] If the same arguments from analogy were used in investigations on invertebrates then it would be concluded that they were sentient.[17] Therefore, leaving them out of the bill may cause them to be unduly unprotected.[18] The final bill was amended to include some invertebrate animals such as octopuses and lobsters,[4] following a scientific review that concluded that there was "strong scientific evidence" octopuses were sentient.[19]

See also

References

  1. GOV.UK
    . Retrieved 14 May 2021.
  2. ^ "Animals to be formally recognised as sentient beings in UK law". The Guardian. 12 May 2021. Retrieved 14 May 2021.
  3. ISSN 0307-1235
    . Retrieved 14 May 2021.
  4. ^ a b Sachkova, Margarita (28 April 2022). "Huge Milestone! UK Law Now Recognises Animals as Being Sentient". PETA UK. Retrieved 16 March 2023.
  5. ^ "Draft Animal Welfare (Sentencing and Recognition of Sentience) Bill 2017". GOV.UK. 7 August 2018. Retrieved 3 August 2021.
  6. ^ "EUR-Lex - 12016E013 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 3 August 2021.
  7. ^ "Brexit, Article 13, and the debate on recognising "animal sentience" in law" (PDF). A-Law UK Centre for Animal Law. 28 November 2017. Retrieved 3 August 2021.
  8. ProQuest 2034909851
    .
  9. ^ "Animal Welfare (Sentencing and Recognition of Sentience) Bill report published - Committees - UK Parliament". committees.parliament.uk. Retrieved 3 August 2021.
  10. ^ "Animal Welfare (Sentience) Bill [HL] - Parliamentary Bills - UK Parliament". bills.parliament.uk. Retrieved 18 May 2021.
  11. ISSN 0140-0460. Retrieved 3 August 2021.{{cite news}}: CS1 maint: multiple names: authors list (link
    )
  12. ^ "Sentience bill will glue up government with a bonkers animal rights agenda - Nick Herbert". www.yorkshirepost.co.uk. Retrieved 3 August 2021.
  13. ^ Nurse, Angus (2019). "A Question of Sentience: Brexit, Animal Welfare and Animal Protection Law". Journal of Animal & Environmental Law. 10: 32–59.
  14. ^
    PMID 30917541
    .
  15. ^ Jessica Horton and Jonathan Merritt, 'Show Me Your Horse and I Will Tell You Who You Are: Brexit, a Chance to Acknowledge Animal Sentience in Law' (2019) 31 Denning LJ 5
  16. S2CID 54126137
    .
  17. S2CID 54126137
    .
  18. ^ Pandey, Manish (18 June 2021). "MPs: Octopuses feel pain and need legal protection". BBC News. Retrieved 19 June 2021.
  19. ^ "The world's first octopus farm - should it go ahead?". BBC News. 20 December 2021. Retrieved 16 March 2023.
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