The RSPCA says the decision to reject the inclusion of animal sentience into the EU (Withdrawal) Bill flies in the face of the Government’s pledge for high animal welfare standards post-Brexit.

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An amendment clause (NC30), sought to transfer the EU Protocol on animal sentience set out in Article 13 of Title II of the Lisbon Treaty into UK law, so that animals continue to be recognised as sentient beings under domestic law.However the New Clause was rejected with an 18 majority for the Government. 313 against, 295 in favour.

Under EU law, animals are recognised as beings which feel pain and emotions.  Eighty percent of current animal welfare legislation comes from the EU, but after March 2019, European law will no longer apply in the UK.

While most EU law relating to animals will be automatically brought over into UK law, this will not apply to the recognition of sentience. The RSPCA has therefore been pressing for the recognition of animal sentience to be embedded into future UK legislation, to help ensure that leaving the EU is not a backwards step for animal welfare. (click here to view the RSPCA’s sentience video)  

One of the arguments put forward by the Government during the debate was that animal sentience is covered by the Animal Welfare Act 2006. But this is not the case; the term sentience or sentient being doesn't appear once in that Act and more importantly it doesn't cover all animals.

RSPCA Head of Public Affairs David Bowles said: “It’s shocking that MPs have given the thumbs down to incorporating animal sentience into post-Brexit UK law.  This is truly a backward step for animal welfare.

“Animal sentience is never mentioned in the Animal Welfare Act and, crucially, only domestic animals are really covered by the provisions of the Act anyway and animals in the wild and laboratories are expressly exempt. It is simply wrong for the Government to claim that the Act protects animal sentience.

“In the EU, we know that the recognition of animals as sentient beings has been effective in improving animal welfare across the region.  If the UK is to achieve the Environment Secretary’s objective of achieving the highest possible animal welfare post-Brexit, it must do the same.

“Animals are not ‘commodities’ and any laws impacting on them needs to take into account their capacity to suffer.They are sentient beings, with feelings and emotions.”

“A formal acknowledgement that animals are sentient would have sent a strong message to politicians to help shape future legislation, ensuring the best protection for animals.

“The call for legal recognition of animal sentience is echoed across animal protection groups and members of the public. As the EU Withdrawal Bill continues its progress through Parliament we will once again be urging for this important acknowledgement of animals sentence to be included”.

Research shows that much like humans, animals are sentient beings and aware of their feelings and emotions. Their lives matter to them and they have the same capacity to feel joy and pleasure, as well as pain and suffering.

Sadly, millions of animals are still being kept in conditions that do not meet their needs. However, laws are changing and there have recently been significant improvements in how animals are treated.  

Since the recognition of animals as sentient beings, the EU has:

• Banned the use of barren battery cages
• Ended animal testing for cosmetics
• Prohibited the import of seal products.

David Bowles added: “More than 900 million farm animals are reared every year in the UK, as well as many millions of fish and we’re working hard to try to improve the lives as many farm animals as possible. Much like us, farm animals are sentient beings and aware of their feelings and emotions - their lives matter and more needs to done to protect their welfare.”

Also responding to the vote the British Veterinary Association Senior Vice President Gudrun Ravetz said:

“It is extremely concerning that a marginal majority of MPs have voted-down this seminal clause. Enshrining animal sentience in UK law would have acknowledged that we consider animals as being capable of feelings such as pain and contentment and, so, deserving of consideration and respect. It is a founding principle of animal welfare science, and for the way that we should treat all animals.

“As an animal welfare-led profession, BVA has been calling on government to at least maintain current standards of animal health and welfare and public health. Yet actions speak louder than words, and this action undermines the Government’s previous promises that the UK will continue to be known for our high standards of animal health and welfare post-Brexit.

“There is now an urgent need for clarity from Government on how the provisions in Article 13 will be enshrined in UK law to ensure we do not fall short of the high standards we expect as a nation of animal lovers.”

 Soil Association CEO Helen Browning said:

“This decision is a huge backwards step that will ring alarm bells across this nation of animal lovers. The Government has repeatedly promised that farm animal welfare standards will not be lowered post Brexit, yet reducing the status of animals by denying their sentience paves the way for this.

“No livestock farmer or pet owner would ever be persuaded that their animals are not capable of suffering, or capable of feeling. This narrow vote goes against the grain of our ever increasing scientific understanding of non-human animals, and against the grain of our own humanity, so we urge the Government to reconsider.”