Legal background
Several amendments were tabled during the passage of the European Union (Withdrawal) Bill (now the European Union (Withdrawal) Act 2018), which sought to incorporate the recognition in Article 13 of the Treaty on the Functioning of the European Union that animals are sentient beings. The then Government did not support this, stating instead that it would consider how it might explicitly reflect animal sentience in wider UK legislation.
	Article 13 of the Treaty on the Functioning of the European Union provides that Member States should pay full regard to the welfare requirement of animals when formulating policies in certain areas "since animals are sentient beings". The expression "sentient beings" is not defined in the Treaty, but an EU Commission publication on the Animal Welfare Strategy 2012–2015 stated that sentience means that animals are "capable of feeling pleasure and pain".
Article 13 of the Treaty on the Functioning of the European Union
In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.
	An earlier proposal to recognise animal sentience was contained in the draft Animal Welfare (Sentencing and Recognition of Sentience) Bill 2017, which was published by Defra in December 2017. At the then Secretary of State’s invitation, the EFRA Select Committee conducted pre-legislative scrutiny of the draft Bill. The select committee made a number of recommendations, including a recommendation that the Government introduce separate legislation on animal sentience.