The sentience of animals will continue to be recognised and protections strengthened when we leave the EU, Environment Secretary Michael Gove confirmed today.This follows criticism by the farming industry over the rejected amendment clause (NC30), which sought to transfer the EU Protocol on animal sentience into UK law.

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Mr Gove said "This Government is committed to the very highest standards of animal welfare. As the Prime Minister has set out, we will make the United Kingdom a world leader in the care and protection of animals.

"It has been suggested that the vote last week on New Clause 30 of the EU Withdrawal Bill somehow signalled a weakening in the protection of animals - that is wrong. Voting against the amendment was not a vote against the idea that animals are sentient and feel pain - that is a misconception.

"Ministers explained on the floor of the house that this Government’s policies on animal welfare are driven by our recognition that animals are indeed sentient beings and we are acting energetically to reduce the risk of harm to animals – whether on farms or in the wild. The vote against New Clause 30 was the rejection of a faulty amendment, which would not have achieved its stated aims of providing appropriate protection for animals.

"The Prime Minister has made clear that we will strengthen our animal welfare rules. This government will ensure that any necessary changes required to UK law are made in a rigorous and comprehensive way to ensure animal sentience is recognised after we leave the EU. The Withdrawal Bill is not the right place to address this, however we are considering the right legislative vehicle.

"We are already proposing primary legislation to increase maximum sentences for animal cruelty from six months to five years, and the creation of a new statutory, independent body to uphold environmental standards.

"The current EU instrument – Article 13 – has not delivered the progress we want to see. It does not have direct effect in law – in practice its effect is very unclear and it has failed to prevent practices across the EU which are cruel and painful to animals.

"In contrast, here in the UK, we are improving animal welfare standards without EU input and beyond the scope of Article 13. We are making CCTV mandatory in all slaughterhouses – a requirement which goes above and beyond any EU rule. We will consult on draft legislation to jail animal abusers for up to five years – more than almost every other European nation. 

"Once we have left the EU there is even more we could do. EU rules prevent us from restricting or banning the live export of animals for slaughter. Article 13 has not stopped any of these practices – but leaving the EU gives us the chance to do much better. We hope to say more in these areas next year.

"This government will continue to promote and enhance animal welfare, both now and after we have left the EU".

In response Humane Society UK Director Claire Bass said :

“HSI UK welcomes Michael Gove’s reassuring statement today that the government will both formally recognise animal sentience in UK law post-Brexit, as well as strengthen our laws protecting animals in the UK. Acknowledging that animals have the capacity to suffer and feel pain is absolutely fundamental to protecting them from harm, and we need a binding imperative enshrined in UK law that will hold government to account, ensuring that animal welfare is fully taken into account in all UK law and policy-making. We can’t afford for this guiding principle to be thrown out with the Brussels bathwater and so look forward to hearing the government’s legislative plans in the very near future”.

The RSPCA said they firmly believed that, in addition, a formal acknowledgement that animals are sentient be written into the EU (Withdrawal) Bill would send a strong message to politicians to help shape future legislation, ensuring the best protection for animals. There are two reasons for this:

“Firstly there is no mechanism that holds the Government to account when formulating new legislation and assessing its impact on animal welfare in the future. Article 13 achieves this.

“Secondly although the Animal Welfare Act 2006 gives humans a responsibility to look after animals under their control this explicitly does not apply to wildlife not under human control nor animals used in research.

“So whilst it has been suggested that the existing Animal Welfare Act (2006) is sufficient as an alternative to a recognition of animal sentience in the Brexit bill, it clearly isn't. Indeed as the Prime Minister correctly stated in Prime Minister’s Questions yesterday (22/11/17) the Animal Welfare Act (2006) only recognises animals that are “under control of man”.  What about the rest?  Our fear is that the Government will not have to take animal welfare into account when drawing up new laws on the millions of wild animals as well as the millions of animals used in laboratories every year.

“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”.