UK FTA: Animal sentience clause in trade deal raises questions

A clause recognising animal sentience in the Australia-UK Free Trade Agreement has prompted queries on such legislation in Australia.

Questions have been raised whether Australia will move to legislate animal sentience, after the principle was recognised in Australia’s free trade agreement with the United Kingdom.

The detail of the Australia-UK deal, which came into force earlier this year, states both parties “recognise animals are sentient beings” and “the connection between improved welfare of farmed animals and sustainable food production systems”.

It is the first time Australia has signed a free-trade deal that recognises animal sentience, which is already law in the UK.

Greens senator Mehreen Faruqi grilled Agriculture Minister Murray Watt during a recent Senate estimates hearing over how the federal government was demonstrating its commitment to that clause without Australian laws recognising animal sentience.

“Many countries like the UK itself, France, Sweden and Spain, and I could rattle off a few other names, have recognised animal sentience in their federal law. Do you have any plans of doing the same?” Senator Faruqi asked.

Greens senator Mehreen Faruqi. Picture: Martin Ollman

Mr Watt said: “Not at this point … It’s actually not something that I’ve discussed directly with the department, so not at this point.”

Animal welfare laws are a state issue; the federal government does however have a role in monitoring export trade, including live exports.

The ACT is the only state or territory to acknowledge animal sentience in law. Victoria plans to include animal sentience in its new animal welfare laws that have been stalled since 2017.

Department of Agriculture acting deputy secretary Nicola Hinder said the UK deal provided for working groups on animal welfare to be established.

“What it does not do is require Australia to be able to harmonise our requirements with UK requirements,” she said.

“What it does do is allow us to be able to continue having high-level technical changes around how we both treat animal welfare in production systems.”

National Farmers’ Federation chief executive Tony Mahar said free trade agreements should focus on trade and market access matters.

“It’s important to note, the UK FTA text on animal welfare made clear the agreement had no bearing on either country’s laws or regulations,” he said.

Still, we continue to remain focused on demonstrating and constantly improving welfare outcomes on the ground.”