Contribution
My Lords, I shall speak to Amendments 152ZA and 216A. I hope that noble Lords will not think I am in any way discourteous, but I think that there has been a transposition of numbers on Amendment 216ZA. I cannot find any such amendment in the Marshalled List. I think what was meant was Amendment 261A. I am not surprised if anybody has become confused, with the amount of amendments, so I will speak to both.
The purpose of these two amendments is to ensure that the welfare of all sentient animals, both wild and domesticated, is systematically considered within the new planning frameworks established by the Bill. Amendment 152ZA addresses this for spatial development strategies and Amendment 261A addresses it for environmental delivery plans. We all understand the Government’s objectives within the Bill to streamline the planning system, deliver the necessary infrastructure and build more homes. Of course, these are vital aims. However, the Bill contains a significant omission that these amendments are designed to address. It is entirely silent on the welfare of the individual sentient animals living within the environments we seek to develop. This is not simply my opinion; it is also the view of the Animal Sentience Committee, the independent expert body established to advise on whether government policy pays proper regard to the welfare of sentient animals.
In its letter to Ministers this June, the committee expressed significant concern about the Bill. The committee warned that under the current proposals, existing animals—not just species of high conservation concern, but common species such as rabbits, voles or wrens—face severe negative impacts. They
“may be killed directly … by plant machinery … killed indirectly … if their burrows or food sources are destroyed … or displaced to highly uncertain futures”.
Furthermore, planning decisions will have a long-term impact on millions of wild and companion animals. The committee warned that the Bill appears to conceptualise “biodiversity” or “the environment” as abstract entities without recognising that these are populated by individual animals capable of experiencing pain, distress and suffering. Wild animal welfare is aligned with but distinct from species conservation.
Rather than protecting species at the population level, it is about improving well-being at the individual level. In fact, it is interesting that the Government grouped these amendments with others on the protection of rivers and chalk streams today, rather emphasising the committee’s concern that all “biodiversity” or “the environment” is being considered as one homogeneous group. Conscious of the time allotted to the Bill, I did not request to degroup on this occasion, but I assure the Minister that I will do so at the next stage if the Government do not give due consideration. The Animal Sentience Committee’s concerns have been echoed by NGOs such as the Wild Animal Welfare Committee and the UK Centre for Animal Law.
My amendments are designed to implement the recommendations of the Animal Sentience Committee in a constructive and proportionate manner. They are intended not to block development but to ensure that how we build is done responsibly and humanely. Amendment 152ZA would require that spatial development strategies consider animal welfare. It does not mandate specific outcomes and it provides flexibilities for planning authorities. In practice, it could mean such things as considering the impact of development on known wildlife movement corridors and roosting or breeding sites at the concept plan stage; specifying bird-safe lighting and glazing standards for tall or waterside buildings; or the creation of refuge areas with appropriate food and shelter for animals displaced during construction.
Amendment 261A would require that the environmental development plans drawn up by Natural England pay due regard to the welfare of all animals. This is about practical steps at the delivery stage, such as ensuring thorough preconstruction checks for hedgehogs or ground-nesting birds, avoiding key breeding seasons or requiring the humane relocation of animals where harm is unavoidable.
If Ministers are unwilling to consider legislative options on this, I hope they will give serious thought to what non-legislative policy commitments they could make in order to address the concerns of the Animal Sentience Committee. This could include, for example, making a commitment that the Secretary of State will include due regard for animal welfare as a prescribed matter for spatial development strategies or mentioning animal welfare in the regulations that they will establish for Natural England’s duties when preparing an environmental delivery plan. They could also issue voluntary guidelines on wild animal welfare-friendly approaches to planning, infrastructure, development and building. This could build on guidance that has been issued elsewhere—for example, the Chartered Institute of Ecology and Environmental Management’s Good Practice Guidance for Habitats and Species, but with a specific focus on welfare.
However, I hope that the Government have a sincere commitment to animal welfare and will therefore feel able to accept these amendments.