Act of Parliament | |
Long title | An Act to make provision for an Animal Sentience Committee with functions relating to the effect of government policy on the welfare of animals as sentient beings. |
---|---|
Citation | 2022 c. 22 |
Introduced by | George Eustice (Commons) Lord Benyon (Lords) |
Territorial extent |
|
Dates | |
Royal assent | 28 April 2022 |
Commencement | 22 May 2023 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Text of the Animal Welfare (Sentience) Act 2022 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Animal Welfare (Sentience) Act 2022 (c. 22) is an act of the Parliament of the United Kingdom. It was introduced to Parliament by the Government of the United Kingdom at the 2021 State Opening of Parliament. [1] The act recognises 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]
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]
The bill was introduced by minister Lord Goldsmith of Richmond Park on 13 May 2021. [10]
Fears that the bill will infringe on "kosher and 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]
The precautionary principle is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress.
Sentience is the ability to experience feelings and sensations. It may not necessarily imply higher cognitive functions such as awareness, reasoning, or complex thought processes. Sentience is an important concept in ethics, as the ability to experience happiness or suffering often forms a basis for determining which entities deserve moral consideration, particularly in utilitarianism.
The Animals Act 1986, sometimes referred to as ASPA, is an Act of the Parliament of the United Kingdom passed in 1986, which regulates the use of animals used for research in the UK. The Act permits studies to be conducted using animals for procedures such as breeding genetically modified animals, medical and veterinary advances, education, environmental toxicology and includes procedures requiring surgery, if certain criteria are met. Revised legislation came into force on 1 January 2013. The original act related to the 1986 EU Directive 86/609/EEC which was updated and replaced by EU Directive 2010/63/EU
European Union citizenship is afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.
The Cruel Treatment of Cattle Act 1822 was an act of the Parliament of the United Kingdom with the long title "An Act to prevent the cruel and improper Treatment of Cattle"; it is sometimes known as Martin's Act, after the MP and animal welfare campaigner Richard Martin. It is the first known piece of animal welfare legislation in the world.
The primacy of European Union law is a legal principle establishing precedence of European Union law over conflicting national laws of EU member states.
Animal welfare in the United Kingdom relates to the treatment of animals in fields such as agriculture, hunting, medical testing and the domestic ownership of animals. It is distinct from animal conservation.
Pain in cephalopods is a contentious issue. Pain is a complex mental state, with a distinct perceptual quality but also associated with suffering, which is an emotional state. Because of this complexity, the presence of pain in non-human animals, or another human for that matter, cannot be determined unambiguously using observational methods, but the conclusion that animals experience pain is often inferred on the basis of likely presence of phenomenal consciousness which is deduced from comparative brain physiology as well as physical and behavioural reactions.
Directive 2010/63/EU is the European Union (EU) legislation "on the protection of animals used for scientific purposes" and is one of the most stringent ethical and welfare standards worldwide.
The European Union (Withdrawal) Act 2018 is an Act of the Parliament of the United Kingdom to repeal the European Communities Act 1972, and for parliamentary approval to be required for any withdrawal agreement negotiated between the Government of the United Kingdom and the European Union. Initially proposed as the Great Repeal Bill, its passage through both Houses of Parliament was completed on 20 June 2018 and it became law by Royal Assent on 26 June.
Christopher M. Sherwin was an English veterinary scientist and senior research fellow at the University of Bristol Veterinary School in Lower Langford, Somerset. He specialised in applied ethology, the study of the behaviour of animals in the context of their interactions with humans, and of how to balance the animals' needs with the demands placed on them by humans.
The European Union Act 2020 is an act of the Parliament of the United Kingdom that makes legal provision for ratifying the Brexit withdrawal agreement and incorporating it into the domestic law of the United Kingdom. It is the most significant constitutional piece of legislation to be passed by Parliament of the Second Johnson ministry. The Withdrawal Agreement was the result of Brexit negotiations.
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Union (EU), Euratom, and the United Kingdom (UK), signed on 24 January 2020, setting the terms of the withdrawal of the UK from the EU and Euratom. The text of the treaty was published on 17 October 2019, and is a renegotiated version of an agreement published in November 2018. The earlier version of the withdrawal agreement was rejected by the House of Commons on three occasions, leading to the resignation of Theresa May as Prime Minister and the appointment of Boris Johnson as the new prime minister on 24 July 2019.
The EU–UK Trade and Cooperation Agreement (TCA) is a free trade agreement signed on 30 December 2020, between the European Union (EU), the European Atomic Energy Community (Euratom), and the United Kingdom (UK). It provisionally applied from 1 January 2021, when the Brexit transition period ended, before formally entering into force on 1 May 2021, after the ratification processes on both sides were completed: the UK Parliament ratified on 30 December 2020; the European Parliament and the Council of the European Union ratified in late April 2021.
The ethics of uncertain sentience refers to questions surrounding the treatment of and moral obligations towards individuals whose sentience—the capacity to subjectively sense and feel—and resulting ability to experience pain is uncertain; the topic has been particularly discussed within the field of animal ethics, with the precautionary principle frequently invoked in response.
The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. Its purpose is to prevent internal trade barriers within the UK, and to restrict the legislative powers of the devolved administrations in economic policy. It is one of several pieces of legislation concerning trade that were passed following the European Union membership referendum, as after Brexit the UK is no longer directly subject to EU law.
The Conservative Animal Welfare Foundation (CAWF) is an influential animal welfare organisation in the United Kingdom. According to The Daily Telegraph, "it is one of the most powerful lobbying groups in the Tory Party."
Jonathan Birch is a British philosopher who is a Professor in the Department of Philosophy Logic and Scientific Method at the London School of Economics and Political Science. His work addresses the philosophy of biology, especially questions around the evolution of social behaviour and social norms, sentience, and animal welfare.
The Pet Abduction Act 2024 is an act of the Parliament of the United Kingdom.
{{cite news}}
: CS1 maint: multiple names: authors list (link)