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The Animal Welfare (Sentience) Act 2022 (c. 22) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It was introduced to Parliament by the
Government of the United Kingdom ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal coat of arms of t ...
at the 2021 State Opening of Parliament. The act recognises animal sentience in law for the first time.


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. Before Brexit sentience was provided through Article 13 of the
Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the Treaties of the European Union, constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously ...
which stated that States "shall, since animals are sentient beings, pay full regard to the welfare requirements of animals" when they formulate EU policies. 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,  as well as 211 against 169 for in the House of Lords.  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.


Passage

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


Reception

The Act has drawn a lot of attention in the media for several reasons. Fears that the bill will infringe on "
kosher (also or , ) is a set of dietary laws dealing with the foods that Jewish people are permitted to eat and how those foods must be prepared according to Jewish law. Food that may be consumed is deemed kosher ( in English, yi, כּשר), fro ...
and
halal slaughter In Islamic law, ' ( ar, ذَبِيحَة; '; ), also spelled zabiha, is the prescribed method of slaughter for halal animals (This does not include fishes, which are exempt from this requirement). It consists of a swift, deep incision to the throa ...
, game shooting, killing vermin on farms and testing medical products on animals" were raised in a letter written by several Tory donors. 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 The Cruel Treatment of Cattle Act 1822 (3 Geo. IV c. 71) 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 an ...
). This sentiment was expressed by
Nick Herbert Nicholas Le Quesne Herbert, Baron Herbert of South Downs, (born 7 April 1963) is a British Conservative Party politician and was the Member of Parliament (MP) for Arundel and South Downs from 2005 to 2019. He was Minister of State for Police ...
in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
as well as
Daniel Hannan Daniel John Hannan, Baron Hannan of Kingsclere (born 1 September 1971) is a British writer, journalist and former politician serving as an adviser to the Board of Trade since 2020. He is the founding president of the Initiative for Free Trade ...
, 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 Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAEC or ...
, Nurse argues that leaving the EU will result in a step back in terms of animal rights, returning animals to the status of things. 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. McCulloch draws attention to the fact that the Animal Welfare Act fails to protect wild animals whereas Article 13 protects all sentient animals. Therefore, the firm placement of animal sentience in the law could be a step in the right direction for animal welfare according to Horton and Merritt. There have also been critique that the bill did not go far enough as it fails to recognise the sentience of invertebrates. According to recent studies conducted by Sherwin, it is argued that this notion that invertebrates are not sentient is incorrect, as many studies on them are conducted differently. If the same arguments from analogy were used in investigations on invertebrates then it would be concluded that they were sentient. Therefore, leaving them out of the bill may cause them to be unduly unprotected. It has been pointed out that the bill excludes the vast majority of animals from any ethical consideration. Including at least some invertebrates under the protection of the bill may also be supported by public opinion. For example, research nonprofit Rethink Priorities conducted a UK national survey for their submitted evidence to the bill. On the question of whether invertebrates are capable of feeling pain, the think tank reported that most of the "participants agreed that
lobster Lobsters are a family (biology), family (Nephropidae, Synonym (taxonomy), synonym Homaridae) of marine crustaceans. They have long bodies with muscular tails and live in crevices or burrows on the sea floor. Three of their five pairs of legs ...
s (83.03%),
octopus An octopus ( : octopuses or octopodes, see below for variants) is a soft-bodied, eight- limbed mollusc of the order Octopoda (, ). The order consists of some 300 species and is grouped within the class Cephalopoda with squids, cuttle ...
es (80.65%), and
crab Crabs are decapod crustaceans of the infraorder Brachyura, which typically have a very short projecting "tail" (abdomen) ( el, βραχύς , translit=brachys = short, / = tail), usually hidden entirely under the thorax. They live in all the ...
s (78.09%) can feel pain". Also, 91.06% "of participants agreed that if scientific experts believe there is some evidence that an animal could be capable of feeling pain, we should be careful about potentially harming them".Rethink Priorities (2021)
"Rethink Priorities: Submission of Evidence to Animal Welfare (Sentience) Bill"
Retrieved 2021-08-17.


See also

*
Animal Welfare (Kept Animals) Bill The Animal Welfare (Kept Animals) Bill is a proposed legislative act of the United Kingdom House of Commons relating to animal welfare and the export of certain animals. The Bill is sponsored by the Department for Environment, Food and Rural Af ...
*
List of Acts of the Parliament of the United Kingdom, 2020–present {{British legislation lists This is an ''incomplete'' list of Acts of the Parliament of the United Kingdom from its establishment in 1801 up until the present. Lists of Acts by Year * List of Acts of the Parliament of the United Kingdom, 1801 ...


References

{{Reflist United Kingdom Acts of Parliament 2022 Animal welfare and rights in the United Kingdom Animal cognition