www.independent.co.uk/environment/animal-sentience-brexit-vote-caroline-lucas-michael-gove-truth-fact-argument-a8072071.html
"It is sophistry to claim that the Animal Welfare Act 2006 definition of sentience in animals is the same as that in the 2009 Lisbon Treaty.The Lisbon Treaty declares that animals are sentient beings without caveat - “since animals are sentient beings ”.There is no loophole which allows it to be argued that a particular animal within a particular context is not a sentient being.
Whereas the UK Animal Welfare Act 2006 deliberately introduces a loophole of “If an animal is capable of experiencing pain and suffering, it is sentient and therefore afforded protection under that Act”. This clever phrasing, then allows it to be argued with false argument i.e.sophistry, that a particular animal in a particular set of circumstances does not feel pain and suffering, and is therefore not sentient under the meaning of the act.
This is not a hypothetical point. In many actual circumstances those responsible for causing animal suffering, such as those who hunt Foxes, Deer and Hares have tried to argue that the animal does note xperience pain and suffering. These arguments are documented at length in say the Burns Report into Hunting (2000). What this false argument (sophistry) exploits is that it is impossible to prove what another mind experiences, especially when that other mind is a non-human animal, and has no way of explaining what it experiences. "