Animal sentience in UK law: does the new clause need claws?

Abstract

This article examines the introduction into UK law of a general requirement to take into account the sentience of animals in developing legislation. The difficulties encountered by the UK government during the Brexit debates of 2017 is examined. It is suggested that the concept of sentience is acknowledged to be multi-layered and complicated making it difficult to confine in a simple legislative formula to be considered by disparate individuals and departments. This leaves doubts over the success of the suggested legislation unless it is supported by central co-ordination, expertise and accountability. The history of UK law in relation to sentience is examined and compared with the EU. It is concluded that more is needed to enable a consistent approach to emerge in light of the on-going development of knowledge regarding sentience. It is proposed that a central animal protection commission is vital to ensure accountability and expertise. This is more likely to provide a scientifically and philosophically coherent set of principles

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