European Union (Withdrawal) Bill

Debate between Caroline Lucas and Lady Hermon

Report stage: First Day: House of Commons
Tuesday 16th January 2018 Commons Chamber

[Caroline Lucas]

I rise to speak to new clause 7, which is in my name and is supported by Opposition Members. I hope to push it to a vote. The new clause would transfer article 13 of the Lisbon treaty into UK law, so that the obligation on the Government and devolved Administrations to pay due regard to the welfare requirements of animals as sentient beings when formulating law and policy is not lost when the UK leaves the EU.

You will be glad to hear that I can be brief, Mr Speaker, because there is no need to set out again the case for transferring this obligation under EU law into domestic law. In Committee, the then Justice Minister, the hon. Member for Esher and Walton (Dominic Raab), rejected my similar new clause and, I would suggest, inadvertently misspoke in the House in the process by stating that the sentience obligation

“is already recognised as a matter of domestic law, primarily in the Animal Welfare Act 2006.”—[Official Report, 15 November 2017; Vol. 631, c. 499.]

That was simply incorrect, and there can be no disagreement about that because the Secretary of State for Environment, Food and Rural Affairs has since published a new draft Bill providing for the transfer into UK law of the obligation on animal sentience set out in article 13.

The Government therefore accept that they need to do what my new clause provides for, and the simplest thing would be for the Minister to accept it or, if the specific wording is considered deficient in some way, for him to bring forward a revised version as a Government amendment. As this has not yet happened—I will gladly give way to the Minister if he wants to say that the Government will accept the new clause—I can only assume he will say that the Bill is not the right legislative vehicle for the new clause: in other words, that a Bill to transfer the body of EU law into UK law is not the right legislative vehicle to transfer an important piece of EU law into UK law. To me, at least, that does not make sense.

[Lady Hermon]

I am very pleased to speak in support of the new clause brought forward, once again, by the hon. Lady. I am particularly pleased to see that it extends not just to Ministers in this Parliament, but to those in the devolved institutions. My one concern is that the wording could have been stronger by creating an obligation to uphold respect for animal sentience, rather than just having due regard to it.

[Caroline Lucas]

Yes, in theory, I agree with the hon. Lady that the wording could be stronger. I was trying to be careful to avoid an accusation of gold-plating EU legislation, so I simply looked at the wording of article 13 and tried to bring that over from EU law into UK law. If we were starting again, I certainly agree that we could make the wording stronger.