Sentiency Flashcards
Intro
EU law originates, common market originally no difference between potato and animal, but change in Treaties etc
Sentiency at centre of this once it was concept that implaced into legislation
Background
Prior to it changing advocacy groups wanted to change it, this pressure lead to 1992 Declaration in Maastricht treaty protection of animals, but didnt have sentiency.
1997 Treaty of Amsterdam ‘improved protection and respect for welfare of animals as sentient beings’ ‘shall pay full regard’ sentiency first mentioned, but no legal effect? ECJ said it didnt Jippes
Treaty of Lisbon Art 13 of Tit 2 - ensured they are sentient and must pay full regard to requirements, didn’t have scope of definition but EU commission said ability to feel pleasure and pain
Animals also not defined
Issue arises from
Brexit -
Gove claimed they would convert existing body of the EU animal welfare law into UK law and then asked about Art 13 and he said they would absolutely do it
- When draft brexit bill presented no mention of sentience
- Caroline Lucas puts in amendment to fix this but it failed as the government opposed it
- Dominic Rabb explained that it was opposed as it would add nothing and be fairly superfluous as law based on animals being sentient
- Reported by news as ‘Government in denial animals feel pain’ went viral and then Gov faced a lot of criticism so had to say that they would expressly state in draft bill, so added to sentencing increase one
Draft legislation problem
It only had 3 clauses one which related to sentiency ‘regard to welfare needs of animals are sentient beings in formulating and implementing government policy’ only defined ministers of the crown, not animal or sentient.
EFRA ran a committee inquiry - Came to conclusion that concepts are important and deserve to be treated better, bill far from finished, vague and unknown scope
Aug 2018 - Back to drawing board wanted to continue work with animal sentience to ensure properly in law - Accountability of the final duty should it be judicial (rely on judges) or political (ministers do more)
- Should setience be defined in legislation? Welfare groups keen but means different things to different people
- Reluctant to have sentience issue in the bill because superfluous, it is in sense that existing animal is sentient
Clause in 2017 bill was major departure in these terms, traditionally just directly responsible, impose duty on Gov, impact down line important
Scottish Gov - Set up committee to advise Gov
Wording issue comes from
Sentience - Mike Radford said whilst government rely on ordinary meaning, questionable if this captures complexities surrounding issue, in relation to mental/psychological state. Huge scientific and philosophical literature on sentiency.
Brambell report talked about constant changes, and feelings being part of it.
Court not equipped to deal with debate around the word every time there’s a case
Global Animal Law Project - feelings, pain/pleasure and implies conscious awareness
BVA - Defining will avoid confusion exchanging with cognition/consciousness etc
Paula Boyden - Underpins moral fundamentals of us giving regard to animal welfare. Suggests having an independent body that weighs up needs and impacts of sentient animals against any public-hearing test. claims positive step to put on statute book
having regard issue - Mike radford points out minister could merely give as much weight as they want which may not be a lot depending on who it is
RSPCA - Gov need to decide what this means and whether it means a framework, open and transparent body
Define animal - as no consensus all animals are sentient
Means various things under various laws dog and cat, to multi cellular organism
should it include embryonic or foetal form
Veterbrate currently so not crustacean, they can feel pain, should leave flexibility to develop with scientific understandings
