A question of sentience: Brexit, animal welfare and animal protection law

This article examines current developments within the United Kingdom (UK), concerning its relationship with European Union (EU) animal protection law. The UK is preparing to leave the EU following a public referendum in which a slim majority of the public voted that the UK should withdraw from EU membership. Subsequently, the UK Parliament passed national legislation allowing the UK to formally leave the EU. The triggering of Article 50 of the EU’s Lisbon Treaty is the formal legal mechanism through which a country’s withdrawal from the EU is signalled. However, the legal consequence of a withdrawal from the EU is that EU law ceases to apply in the withdrawing state, although any national acts adopted in implementation or transposition of EU law would remain valid until the national authorities decide to amend or repeal them.
Animal law has become a contested issue during legislative and policy discussion concerning the UK’s departure from the EU, colloquially known as Brexit. The withdrawal process has also thrown into focus questions about future UK law protecting animals and the need to clarify animals’ status in law, with some confusion over which EU legislative measures will be retained post-Brexit. This article examines how the UK will replace EU animal welfare and animal protection law with its own legislation as part of the Brexit process (and beyond). The question of animal sentience has been raised by Non-Governmental Organisations (NGOs), policy professionals and animal lawyers and commentators. The core concern raised in criticisms of legislative proposals debated during the EU withdrawal process is that the UK Government’s approach to animal law post-Brexit will result in a weakening of UK animal welfare and animal protection.