Michael Gove says Brexit means higher animal welfare standards as he drafts bill enshrining animal sentience into UK law

The RSPCA has said that a new bill drafted by Environment Secretary Michael Gove would go further to protect animal rights than EU law post-Brexit.

After a battle with "fake news" when MPs voted against transferring EU law on animal sentience into our own, Mr Gove has vowed to make sure Brexit works "not just for citizens but for the animals we love and cherish too."

While furious activists said MPs had "voted that animals are not sentient", the Government said that those claims were untrue, and they simply voted against the amendment to avoid causing legal confusion.

In the new draft bill, animal sentience is enshrined in UK law and five-year jail sentences for animal cruelty are introduced. 

It also explicitly rejects exemptions for cultural animal cruelty that the European Union allows in its law, such as bullfighting and the production of foie gras.

Because of this, Michael Gove has said that leaving the EU will be positive for animal rights.

Michael Gove with his wife Sarah and dog Snowy - Credit: Heathcliff O'Malley/The Telegraph
Michael Gove with his wife Sarah and dog Snowy Credit: Heathcliff O'Malley/The Telegraph

Speaking on Monday at Battersea Dogs and Cats Home in London, he said: "I think it's good news that we've got an agreement to move to the next stage of the Brexit negotiations, where we can talk about trade and talk about some of the changes that will work in Britain's interest.

"I'm glad that we're now at this stage because actually Britain outside the European Union can have higher standards on the environment and indeed on animal welfare.

"And one of the reasons why people voted to leave the European Union is to make sure that when it comes to, for example things like puppy smuggling, that we can have the rules here which ensure that there is appropriate welfare and appropriate protection for animals and for humans."

The draft bill says the Government "must have regard to the welfare needs of animals as sentient beings in formulating and implementing government policy," and the maximum prison sentence for animal abuse is increased from six months to five years in England and Wales.

The RSPCA was positive about the possible new laws. 

David Bowles, the RSPCA's head of public affairs said: "This is potentially great news for animals post-Brexit.

"To include the recognition of animal sentience as well as increasing animal cruelty sentencing to five years into the new 2018 Animal Welfare Bill is a very bold and welcome move by the Government.

"Even better, the legislation explicitly rejects the kind of exemptions for activities that the European Union deemed acceptable - such as bullfighting and producing foie gras - which will offer even stronger protection than Article 13 of the EU Treaty could ever do."

The Environment Secretary commented: "As we leave the EU we will deliver a Green Brexit, not only maintaining but enhancing animal welfare standards," Gove said.

"Animals are sentient beings who feel pain and suffering, so we are writing that principle into law and ensuring that we protect their welfare.

"Our plans will also increase sentences for those who commit the most heinous acts of animal cruelty to five years in jail.

"We are a nation of animal lovers so we will make Brexit work not just for citizens but for the animals we love and cherish too."

Claire Horton, the chief executive of Battersea Dogs and Cats Home, said: "It will make a massive difference for animals and hopefully really start to act as a deterrent and put England back where it should be at the top of the league tables for animal welfare."

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