Commentary on provisions of Act Section 2: Reports of the Committee
This section empowers the Committee to publish reports, for selected policies, giving its opinion as to whether the Government is having, or has had, "all due regard" to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings. When publishing its opinions, the Committee may include recommendations to Ministers on the steps that the Government should take to ensure that, in any further formulation or implementation of the policy, its effect on the welfare of animals is given "all due regard". As the reports relate to "animals as sentient beings", the section recognises that animals within the meaning of section 5(1) are sentient.
	Subsection (1) allows the Committee to produce a report on any government policy which is being, or has been, formulated or implemented.
	Subsection (2) says that any such report must give the Committee’s view on "whether, or to what extent, the government is having, or has had, all due regard to the ways in which the policy might have an adverse effect on the welfare of animals as sentient beings". The Committee will be able to issue an opinion in relation to any central government policy. In order to produce a report on this question, the Committee will need to scrutinise the manner in which the policy in question is being, or has been, formulated or implemented and assess the type and level of consideration that the Government is giving, or has given, to any potential adverse effects of the policy on the welfare of animals as sentient beings. This does not mean that the welfare of sentient animals should take precedence over other considerations when formulating or implementing a particular policy.
	Subsection (3) allows the Committee’s reports to include recommendations to the Government in relation to the policy covered by the report.
	Subsection (4) explains that these recommendations will address the future development or application of the policy in question. Specifically, the Committee can advise on the steps that should be taken to ensure that any potential adverse effects on animal welfare arising from the policy are given due consideration.
	Subsection (4a) requires any recommendations in reports produced by the Animal Sentience Committee to respect religious rites, cultural traditions and regional heritage.
	Subsection (5) requires the Committee’s reports to be published, by whichever methods it deems appropriate. This is intended to promote transparency.
	Subsection (6) excludes a Government policy from the Committee’s remit if, or to the extent that, the policy relates to legislative provision falling within devolved competence.
	Subsection (7) defines legislative provision falling within devolved competence.