All 8 contributions to the Wild Animals in Circuses Act 2019 (Ministerial Extracts Only)

Read Full Bill Debate Texts

Tue 7th May 2019
Wild Animals in Circuses (No. 2) Bill
Commons Chamber

2nd reading: House of Commons & Programme motion: House of Commons
Tue 21st May 2019
Wild Animals in Circuses (No.2) Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons
Tue 21st May 2019
Tue 4th Jun 2019
Wild Animals in Circuses (No. 2) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Wed 19th Jun 2019
Wild Animals in Circuses (No. 2) Bill
Lords Chamber

2nd reading (Hansard): House of Lords
Wed 3rd Jul 2019
Wild Animals in Circuses (No. 2) Bill
Grand Committee

Committee: 1st sitting (Hansard): House of Lords
Wed 17th Jul 2019
Wild Animals in Circuses (No. 2) Bill
Lords Chamber

Report stage (Hansard): House of Lords
Tue 23rd Jul 2019
Wild Animals in Circuses (No. 2) Bill
Lords Chamber

3rd reading (Hansard): House of Lords

Wild Animals in Circuses (No. 2) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019

(4 years, 11 months ago)

Commons Chamber
Wild Animals in Circuses Act 2019 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
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I beg to move, That the Bill be now read a Second time.

This Bill delivers an important part of the work that the Government are doing to protect animals, both in the wild and in captivity, and to ensure that we as a country maintain our world leadership on safeguarding and respecting animals. This important Bill seeks to bring to an end outdated practices that have no place in modern society and delivers a long held Government commitment. It addresses the specific concerns of the public and Parliament about the use of wild animals in travelling circuses and seeks to bring that activity to an end. That requires primary legislation, for reasons that I will explain in a moment.

The Government published the draft Bill for pre-legislative scrutiny in April 2013. I pay tribute to Members who have taken the Bill forward as private Members’ Bills. First, the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who is in his place, picked up the Bill at the end of the 2010 to 2015 Parliament. Then my hon. Friends the Members for Colchester (Will Quince) and for Torbay (Kevin Foster) attempted to take the Bill forward during the last Parliament. Last, but by no means least, during this Session my hon. Friend the Member for Copeland (Trudy Harrison), who is in her place, really sought to give the Bill wings. Sadly, those attempts were not successful, for reasons that I will not go into here, but I thank those Members for their efforts.

I also pay tribute to my hon. Friend the Member for The Wrekin (Mark Pritchard), who, I am pleased to see, is also in his place. His Backbench Business debate back in June 2011 put this issue firmly on the Government’s agenda and made it clear what Parliament was specifically concerned about.

Caroline Lucas Portrait Caroline Lucas (Brighton, Pavilion) (Green)
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The Minister is setting out the history—the long time it has taken to get the Bill to this point. Although I very much welcome the fact that it is here, it is very overdue. Will he confirm that the Bill will come into force in January 2020? Will he also confirm that, if by some strange happenstance it gets delayed by Brexit or anything else—even if the Bill has not finished its progress through Parliament—the Government will not issue any more licences after January 2020?

David Rutley Portrait David Rutley
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We will do everything we can. We are completely committed to making sure that the legislation gets into place. The hon. Lady has been keen to see it through, and we will do that. We are absolutely committed to delivering on this legislation.

John Spellar Portrait John Spellar (Warley) (Lab)
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This has been a pretty sorry story of delay, but I welcome the fact that the Bill is now here, given the lack of legislative business. Will the Minister say when the Government will bring forward legislation on increasing the penalties available to the courts for those guilty of animal cruelty? That is another issue that has been waiting a long time. It urgently needs to be resolved.

--- Later in debate ---
David Rutley Portrait David Rutley
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I completely agree. We are working hard to find the right vehicle to take that important legislation forward. I am just delighted that today we are taking forward action on wild animals and circuses.

Greg Knight Portrait Sir Greg Knight (East Yorkshire) (Con)
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I support this Bill, but will the Minister confirm that nothing in it should cause any animal affected by it to be put down?

David Rutley Portrait David Rutley
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I completely understand my right hon. Friend’s concern. We have had conversations with circus owners, who certainly have no such intentions whatever—they regard these animals as part of their families. The issue is that the practice is outdated and society has moved on; it is not appropriate for such performances and exhibitions to take place. As I will explain later, circus owners will still be able to own the animals and look after them, but they will have to seek licences and will be inspected.

Many Members on both sides of the House have spoken passionately about this issue. Time prevents me from naming them all, but we recognise the concerns and I am pleased that we are able to take action today. I am delighted that there is strong support across the Chamber today. I will, of course, talk about the important work that took place under the previous Labour Government. I am delighted at the degree of co-operation. Of course we understand that there will be challenges, but we are grateful for the co-operation, which will ensure a smooth passage for this legislation.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
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We were promised that the Bill would come in after the Backbench Business debate secured by the hon. Member for The Wrekin (Mark Pritchard). One of the reasons subsequently given by the Government for not introducing it was that the European Union would not allow us to—there is a stream of responses to my written parliamentary questions on the subject that told me that. However, Austria, Belgium, Bulgaria, Croatia, Cyprus, Greece, Ireland, Italy, Latvia, Malta, the Netherlands, Scotland, Slovenia and Slovakia have all introduced a ban. Will the Minister put on the record that that line that we were given—that we could not introduce a ban because we were in the EU—was just not true?

David Rutley Portrait David Rutley
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I was not around at the time of whatever was said. I have been involved for eight months and we have been working closely together on a wide range of activities. We are trying to get this legislation through at pace. I pay tribute to the work that has gone on in Scotland since we declared that there would be a commitment to introducing this ban. The ban has been introduced there and we are pleased that there has been support for what we are doing today from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) and the Scottish Government.

Mark Pritchard Portrait Mark Pritchard (The Wrekin) (Con)
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The Minister was not around at the time and cannot be held responsible, but the hon. Member for Bristol East (Kerry McCarthy) is absolutely right. France is another member of the European Union that has introduced a ban.

I welcome the Second Reading of this Bill in the House of Commons. It has taken some time, perhaps longer than it should have, but I am grateful that the Government have brought it forward. I have two quick questions. Will the Minister give a commitment that the timetable for introduction will not slip beyond next January? Secondly, does he believe the Bill is tough enough on enforcement?

David Rutley Portrait David Rutley
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I thank my hon. Friend for those questions and again acknowledge his work and tireless commitment on this issue. I remember him discussing the issue at length and in depth.

No, the timetable will not slip. Obviously, what was said when we made the commitment to bring the legislation into place was that there would be interim regulations involving licences. There was a sunset clause on those, and we will get the legislation in place so that there is no gap. There have been questions about that matter previously.

On enforcement, this Bill, as I will explain, is based primarily on ethics rather than welfare concerns. It does not have some of the enforcement powers that some people have talked about. However, it is important to note that other legislation is in place—not least the Animal Welfare Act 2006 and legislation from 1976—that will enable us to have those enforcement powers. This Bill complements that: the legislation works together to provide the enforcement mechanisms that my hon. Friend is seeking.

When we first announced in March 2012 that we would introduce a ban on the use of wild animals in travelling circuses, the Government were clear that primary legislation would take time. As I have said, we introduced interim measures—welfare licensing regulations. Those regulations will expire in 2020 and the Government have announced that they will not be renewed. That is why this Bill is being introduced: so that we can deliver with confidence on that commitment.

It might help if I provide a bit of historical context, to put the timeframes into perspective.

David Drew Portrait Dr David Drew (Stroud) (Lab/Co-op)
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That will have to be long!

David Rutley Portrait David Rutley
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Given all the statutory instruments of recent months, I am used to this sort of barracking and harassment from the other side, but I take it in the intended spirit.

The subject matter itself has long been a source of debate: the issue was considered by a parliamentary Select Committee between 1921 and 1922, which resulted in the Performing Animals (Regulation) Act 1925. No Members in the House today were around at that time. As hon. Members may be aware, this Government replaced that Act when we introduced the Animal Welfare (Licensing and Activities Involving Animals) (England) Regulations 2018. Since the 1925 Act was introduced, debates and motions in Parliament on animals in circuses have been commonplace.

As I said, it is important to recognise the work undertaken by the previous Labour Government. During the debates on the Animal Welfare Bill in 2006, the then Government agreed to look at the issue in order to bring forward a ban on the use of certain wild species in travelling circuses using the delegated powers provided in the Animal Welfare Act 2006, subject to there being sufficient scientific evidence to support it. To assess that evidence, the academic lawyer Mike Radford was appointed to chair a circus working group. His report, the Radford report, concluded that there were no welfare concerns over and above animals kept in other captive environments. Therefore, any attempt to take forward a ban on welfare grounds under the Animal Welfare Act would fail the test of proportionality and primary legislation would be needed.

Following the report, a feasibility study was undertaken during 2008 to assess whether regulations were appropriate. The study concluded that a regulatory regime could be devised and implemented. The previous Government issued a public consultation in December 2009 on how best to protect wild animals in travelling circuses and about 95% of respondents supported a complete ban.

Alex Sobel Portrait Alex Sobel (Leeds North West) (Lab/Co-op)
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Is the Minister aware that the British Veterinary Association concluded:

“The welfare needs of non-domesticated, wild animals cannot be met within a travelling circus—in terms of housing or being able to express normal behaviour”?

Does he agree with the evidence brought forward by the BVA?

David Rutley Portrait David Rutley
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We have worked closely with the BVA and I am really pleased that it has welcomed the steps we have taken. I agree that it has put forward some compelling arguments and I am pleased it recognises we are able to deliver on them. Again, we are seeing collaborative working relationships across Parliament with the welfare groups to get the proposed legislation through. It has taken time—more time than any of us would have liked—but it is now moving forward.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
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The Minister said that 95% of people responded to the previous Government’s consultation. What does that mean in numbers, so the House can have a good idea of how many people were actually consulted?

David Rutley Portrait David Rutley
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That is a fantastic question—a terrific question—which I know the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), with her encyclopaedic knowledge, will be answering in a little time. It will be worth waiting for. I know the hon. Gentleman asked me the question, but we will get that answer in just a little while. Joking aside, the important point was that 95% of respondents wanted the ban. That is the key point. Society has moved on and this is not appropriate activity.

In terms of the next milestone, I have already talked about the important Backbench Business that was put through unopposed by my hon. Friend the Member for The Wrekin, calling on the Government to introduce a ban on the use of wild animals in travelling circuses. In response, in March 2012, the Government announced they would pursue a ban, with licensing regulations introduced as a temporary measure. In April 2013, the Government published the draft Wild Animals in Circuses Bill for pre-legislative scrutiny, leading to subsequent attempts, by the hon. Members mentioned in my introduction, to introduce the Bill via the private Members’ Bill route.

There are now only 19 wild animals left in travelling circuses. That is a low number, but the BVA captured the importance of the Bill when it said that a ban is emblematic of how we should be treating animals in the modern world.

Neil Parish Portrait Neil Parish (Tiverton and Honiton) (Con)
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There are two circuses, Circus Mondao and Peter Jolly’s Circus, with the 19 animals. Is the Minister going to ensure the welfare of those animals is secured after they have been released from performing? They are not wild animals or domestic animals. They will need to be well looked after.

David Rutley Portrait David Rutley
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As defined in this Bill, they are wild animals, but I understand my hon. Friend’s point. As I tried to make clear earlier, their welfare absolutely will be looked after. We have had assurances of that from the circuses themselves and we have legislation in place that will ensure that there are ongoing inspections to make sure that their welfare is looked after. I hope that reassures my hon. Friend. I recognise his interest as the Chair of the Environment, Food and Rural Affairs Committee and the important work the Committee has done on this issue and across a wide range of other activities on animal welfare. I am grateful to him for that.

Mark Pritchard Portrait Mark Pritchard
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I thank the Minister for giving way; he is being very generous. A lot of people across the House have supported me over the years—the Greens, Labour, Liberal Democrats and so on. This is a tribute to them all. He mentions the Animal Welfare Bill under the previous Labour Government. I remember working with colleagues across the House on that. Is it not time for the Government, however grateful I am for the introduction of this Bill, to introduce a comprehensive animal welfare Bill of their own, which incorporates so many other private Members’ Bills that have been discussed in this House over the past few years, rather than take a piecemeal approach? Forgive me, Madam Deputy Speaker, for plugging my own private Members’ Bills, but there are three I could name: the Protection of Common Birds Bill, the Sale of Primates as Pets (Prohibition) Bill and the Sale of Endangered Animals on the Internet Bill. Those are just three Bills from one lowly Conservative Back Bencher. Many other important animal welfare thoughts, ideas, policies and Bills have been introduced over the past few years. Will the Government seriously consider a comprehensive Bill to modernise animal welfare once and for all?

David Rutley Portrait David Rutley
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That is another important question. There is a strong rationale to do that. We are looking at other proposed legislation going forward. The environment Bill will be absolutely pivotal in the next Session, but as my hon. Friend knows we have other legislation we need to get through. We all know, including those on the Opposition Benches, that there is a lot of other proposed legislation that will take up time and make matters more complicated. However, he makes a good point and it is vital we seek ways to get other Bills in place, not least on animal sentience. We have already had a question about sentencing and increased sentences. I share the commitment to seeing that proposed legislation through. We just need to find the right vehicle to do that.

There are key arguments about necessity. It is not necessary to use wild animals to operate a circus or to enjoy the circus experience. The public can still, as the vast majority already do, attend travelling circuses that do not use wild animal acts. They can also readily see wild animals in zoos and safari parks. We need to consider the intrinsic value of wild animals. Modern society recognises the intrinsic value of these animals. This concerns the respect of animals and their natural behaviour. Wild animals in a circus are trained for our entertainment and amusement. That sends the wrong message to audiences about the intrinsic value of those animals. We should appreciate wild animals behaving naturally, not in a comic or superficial setting. We need to look at the educational conservation benefits. The practice of using wild animals in circus performances, unlike in zoos, does nothing to further our understanding or the conservation of wild animals. There is no greater benefit to humans or animals that justifies the use of wild animals in circuses. In short, it is an outdated practice that is no longer necessary to operate a circus or to enjoy the circus experience, and it is demeaning to the wild animals involved.

In 1990, 29 years ago, there were over 250 wild animals across some 20 circuses, including tigers, lions, elephants and bears. By the time of the 2009 DEFRA consultation, it was estimated that there were only four circuses in the UK using some 47 wild animals. Today, there are only 19 wild animals left and only two travelling circuses. Attitudes and audience appetites have changed, but if we fail to bring in a ban by the time our licensing regulations expire in January there is a risk that we could see more travelling circuses using wild animals such as lions and tigers again. It is crucial that we do not let that happen.

Let me turn to the Bill itself. Clause 1, the main clause, will make it an offence for a circus operator to use a wild animal in a travelling circus in England. The offence applies only to operators of travelling circuses in the circus environment; our view is that most people are employees or hired acts who are firmly in the control of the operator, so it should be the operator who carries responsibility for any illegal use of a wild animal.

Caroline Lucas Portrait Caroline Lucas
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Will the Minister look again at the need to define “travelling circus” in the Bill? A concern exists that without such a definition, the law will be unclear on circuses that travel without actually showing the animals. Many animal welfare organisations think that it would be much clearer if the Bill included a definition of “travelling circus”.

David Rutley Portrait David Rutley
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I understand that some residual concerns have been raised by welfare groups, but I assure the hon. Lady that the definition set out will be adequate. In fact, the Scottish Government arrived at a very similar definition.

Jim Fitzpatrick Portrait Jim Fitzpatrick (Poplar and Limehouse) (Lab)
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The Minister says that he believes that the definition is adequate, but surely he will concede that such matters can be explored and tested in Committee. If it can be demonstrated that the definition is not as clear as it ought to be, will the Government be open to amending the Bill before Third Reading?

David Rutley Portrait David Rutley
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Of course, in Committee, we will have the chance to review these things in more detail. There has been ongoing discussion with Opposition Front Benchers about the Committee process.

Clause 1(2) defines “use” as either performance or exhibition. It should cover circumstances in which wild animals are put on display at the circus, usually just adjacent to the big top, as well as performances in the ring. The penalty for a circus operator who is found guilty of using a wild animal in a travelling circus is an unlimited fine; the Animal Welfare Act 2006 also provides powers to seize animals where there are grounds to do so.

Subsection (4) provides for corporate liability where the circus operator is a corporate entity. Subsection (5) sets out definitions of terms used throughout clause 1, including “wild animal”—a term that is well understood and has already been defined in other legislation such as the Zoo Licensing Act 1981 and the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012. We have largely replicated that approach in the Bill:

“‘wild animal’ means an animal of a kind which is not commonly domesticated in Great Britain”.

To meet that definition, an animal does not have to have been born in the wild. Most of the wild animals currently in English circuses have been bred in captivity, usually from several generations of circus animals, but that does not make them domesticated. Domestication is a process that happens over many generations—hundreds of years, if not thousands.

To return to a question asked by the hon. Member for Brighton, Pavilion (Caroline Lucas), clause 1 does not define “travelling circus”. The term is left to take its common meaning, which we believe the courts will have no trouble in interpreting. Indeed, the Environment, Food and Rural Affairs Committee’s July 2013 report on the draft Bill agreed that we did not need to include a definition of the term; nor was a circus itself defined by the Scottish Parliament in the Wild Animals in Travelling Circuses (Scotland) Act 2018. Defining a circus in a specific way might be unhelpful, because it could provide parameters for an operator to seek to evade the ban.

The common meaning of “circus” is

“a company of performers who put on shows with diverse entertainments, often of a daring or exciting nature, that may include, for example, acts such as…acrobats, trapeze acts…tightrope walkers, jugglers, unicyclists”.

The role of wild animals in a circus, when they are used, is to provide an entertaining spectacle for our amusement, often as a way to demonstrate the skill or dominance of the trainer. That is outdated, and it is what we are legislating against.

Clause 2 relates to inspections, for which powers are set out in the schedule. Inspectors will be appointed by the Secretary of State, although we envisage that the numbers required will be small. We already have a small panel of inspectors to enforce the interim wild animals in circuses licensing regime, all of whom are drawn from the Department’s list of zoo licensing veterinary inspectors and are highly experienced in the handling and treatment of wild animals in captivity. Inspectors will be appointed on a case-by-case basis by the Animal and Plant Health Agency to investigate evidence of any offence.

Clause 3 will make a minor consequential amendment to the Dangerous Wild Animals Act 1976, which requires persons who wish to keep dangerous wild animals to be licensed. Those who keep dangerous wild animals in a circus are currently exempted from that requirement, but once the new ban comes into force, there should no longer be any vertebrate dangerous wild animals in travelling circuses. We have therefore taken a belt-and-braces approach to make it clear that using dangerous wild vertebrate animals in a travelling circus is not allowed.

The Scottish Government, who have already introduced a ban on the use of wild animals in travelling circuses in Scotland, have asked us to extend to Scotland our amendment to the 1976 Act, and we are pleased to enable that request. Once again, we are grateful for the Scottish Government’s work on this and many other aspects of animal welfare. The Welsh Government are considering their own ban; we have also discussed the matter with the Northern Ireland Government, who are not in a position to consider a ban at this point.

Clause 4 provides for the Bill to come into force on 20 January 2020, the day after the interim circus licensing regulations expire. I hope that I have already reassured hon. Members that it will come into effect in a timely way.

It is worth clarifying what the Bill will not do. First, I make it absolutely clear that we are not proposing to ban circuses, only their use of wild animals. Plenty of travelling circuses do not use wild animals, or indeed any animals, in their acts; the Bill will have no impact on them. Nor will it stop circus operators owning wild animals. If circuses wish to continue to own them after the ban is enacted, they will be subject to the appropriate licensing requirements, for example under the Dangerous Wild Animals Act 1976 or under the Department’s 2018 licensing regulations for animals hired out for TV or film productions. If a circus does not intend to continue using wild animals in other work, we expect to see retirement plans being deployed under the interim licensing regulations.

Nor will the ban lead to the banning of other animal exhibits such as falconry displays, zoos, farm parks or the sort of displays that we might see at summer fêtes in our constituencies. Even though such activities may move animal displays from one place to another, they do not fall within the ordinary interpretation of a circus and will therefore not meet the definition of a travelling circus. We do not wish to ban them, because we acknowledge that they have a role to play in education. The important distinction is that circuses move from A to B to C, whereas other displays may go to one place, come back to a home base and go to another place some time later—they are a very different activity.

Lastly, the Bill will apply only to wild animals. I know from parliamentary debates and from my Department’s postbag that the overriding concern is about the use of wild animals in travelling circuses, which is precisely what the Bill will address. Other domestic animals such as horses and dogs will continue to be subject to inspections under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 to ensure that the highest welfare standards are met.

Continuing to allow wild animals to perform often absurd and unnecessary behaviours for our amusement in travelling circuses goes against the Government’s efforts towards—and the House’s interests in—raising awareness and respect for animals. People can continue to enjoy the experience of going to a circus, but we must move on from the age when wild animals were paraded around as a spectacle. We want people to see animals in a more dignified and natural setting. We cannot make that message clearer than by introducing this Bill to ban that practice. I commend it to the House.

--- Later in debate ---
Thérèse Coffey Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
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It is my pleasure and privilege to respond to this debate, and I thank hon. and right hon. Members from all parties for their contributions. I am encouraged by the general consensus in the House that this Bill addresses an important question about the treatment of wild animals, and I am convinced it can make quick progress, which is clearly the desire of hon. Members present today.

Many animal welfare charities, veterinary groups and, of course, parliamentarians have been calling for this ban, and I recognise the huge public support for it, too. The Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), is particularly grateful to the RSPCA, the Born Free Foundation and the British Veterinary Association for their support on this matter.

Public attitudes have clearly changed over time, and we now recognise that wild animals no longer belong in travelling circuses. Unfortunately, the hon. Member for Coventry South (Mr Cunningham) is not yet back in his place—perhaps he is not as quick as a zebra or a racing camel—but there were 10,572 responses to the consultation issued in 2009, and an additional 2,500 postcards. Approximately 95% of those who responded to the consultation suggested that the best way to improve welfare would be to ban the use of wild animals in travelling circuses.

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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I am grateful to the Minister for giving way, and the whole team has done a great job on this Bill. I apologise for being late, but I was at the World Wildlife Fund launch of “Our Planet”, which is another wonderful Attenborough film about biodiversity and protecting our wonderful cornucopia of wild species. It seems so timely that we are discussing this Bill in a week when the UN has published a big report on declining species. It is more important than ever that we make our mark by saying that we cannot have wild animals performing for us in circuses.

Thérèse Coffey Portrait Dr Coffey
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My hon. Friend raises an important point about the state of biodiversity in the world. I was privileged to be at the G7 summit when we had a presentation from the intergovernmental science-policy platform on biodiversity and ecosystem services on this issue, and I can assure her that the leading countries of the world are actively working together and have declared the Metz charter on biodiversity. She is right to stress the importance of wild animals being in their normal places, rather than providing unusual forms of entertainment, which is what the Bill seeks to address.

Andrew Rosindell Portrait Andrew Rosindell
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I wholeheartedly endorse the comments of my hon. Friend the Member for Taunton Deane (Rebecca Pow). Can the Minister tell the House how we will define “wild animal”? That is central to this Bill and we need a clear definition of where we stand, as some countries have definitions that are different from what we may be considering.

Thérèse Coffey Portrait Dr Coffey
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I can answer my hon. Friend directly, because clause 1(5) states that

“‘wild animal’ means an animal of a kind which is not commonly domesticated in Great Britain.”

I hope that answers his point.

The Scottish Government’s 2014 consultation ahead of their ban showed similar figures in support, and last year’s consultation by the Welsh Government on a proposed ban found some 97% in favour. As my hon. Friend the Under-Secretary of State for Environment, Food and Rural Affairs said earlier, this is an outdated practice that no longer reflects the views of modern society, and I am pleased that we have started the Bill’s passage through Parliament.

My hon. Friend has already replied to some of the points raised in this debate, and he was generous in saying that some of the issues that have been raised can be considered in Committee, and it is important that they are.

On the European Union and the limits of legislation, there was a legal challenge to the ban introduced by Austria under the European services directive. I am confident the Government did not say a ban could not be introduced, but we had to wait for the outcome of that challenge to understand how we can properly legislate to do this. The legal challenge failed, which has given us confidence to bring this Bill forward.

It is also worth pointing out to the House that, although we have heard about a number of countries that have banned wild animals in circuses, many of the exemptions are a lot more generous than the Bill allows for. We have come up with an exemplary Bill that will be more comprehensive than the legislation in other countries.

Are birds included? If they meet the definition of “wild animal” in clause 1(5), they will be included.

My hon. Friend the Member for Tiverton and Honiton (Neil Parish) and a number of other Members mentioned the Animal Cruelty (Sentencing) Bill, and my hon. Friend the Under-Secretary is conscious of that. He is responsible for animal welfare—I tend to deal with wild animals—and we are both committed, as is my right hon. Friend the Secretary of State, to making sure that we find the appropriate parliamentary vehicle to do so.

The hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) asked about Northern Ireland, and the Administration have been consulted on this issue. As it stands, the Administration do not believe it is appropriate at this point to join in this Bill, recognising it is a significant policy decision and would need to be devolved.

I assure the House that we have been told by the owners of the two circuses that they will not be putting down any animals as a consequence of this Bill. Indeed, their retirement plans are already in place, as my hon. Friend the Under-Secretary made clear.

A variety of questions have been asked about the potential definitions and about the amendments that might be tabled, such as on powers to seize an animal. Where any evidence is found of a wild animal being mistreated, the Animal Welfare Act will, of course, apply and provides powers to seize animals should there be grounds to do so. The Dangerous Wild Animals Act 1976 also provides powers of seizure and, depending on the species of animal, may also be applicable. We have not provided powers to seize animals where it is demonstrated that an offence has been committed, but inspectors have powers to video or photograph an animal to provide evidence of such an offence.

Several Members mentioned the national wildlife crime unit, for which there is funding here, but I am sure the House understands that the Government will shortly be starting their spending review. I have no doubt that my Department will be pushing for the unit to continue being funded because we believe it has an important role in tackling wildlife crime. Indeed, the unit received additional funding from the Department to address new avenues of wildlife crime.

The Conservative party introduced the most important piece of legislation, on which we still heavily rely, the Wildlife and Countryside Act 1981. We have had additional legislation specific to badgers and wild mammals in 1992 and 1996. The Animal Welfare Act 2006 was another milestone in making sure that appropriate legislation was put in place.

On biodiversity, I am pleased about our position on international obligations; I genuinely believe the passing of the Ivory Act 2018 will be a significant element in that.

On the welfare of pets such as snakes, we were asked why it is okay to have no regulations. In fact, there are regulations; these animals are covered by the Animal Welfare Act, as they are seen as animals that are cared for, as opposed to other kinds of animals that may be used in so-called performances, be it in Santa’s grotto or elsewhere. The new Animal Welfare (Licensing of Activities Involving Animals) England Regulations 2018 apply to those, and there is a specific reason in respect of what is happening in circuses. This Bill does not seek to prohibit wild animals in other activities; it is not a loophole. Those regulations specifically require those activities to be licensed.

There has been a lot of discussion about ethical and welfare matters, and why one thing is happening and not the other. The Government are clear, and have been for some time, including under previous Administrations, that the scope of the 2006 Act did not give the necessary powers in this regard. Section 12 provides powers only to regulate to promote the welfare of animals. I appreciate that people, including hon. Members, may have different views on this. No robust scientific evidence is available to indicate that the basic welfare needs of wild animals cannot be met in a travelling circus environment. Moreover, the review of the Department’s interim circus regulations found that the regulations were successful in establishing an effective licensing scheme to promote and monitor high welfare standards for wild animals in travelling circuses in England.

Andrew Rosindell Portrait Andrew Rosindell
- Hansard - - - Excerpts

I wish to clarify something for the benefit of the whole House and everyone outside who works with animals, including performing animals. The Minister mentioned Santa’s grotto, and we have all seen animals in our constituencies for different special events. Can she tell the House how this new law will affect such events? In line with the question I posed earlier, may I ask where the ultimate end to this is? Is she saying that, ultimately, animals will not be able to take part in any kind of performance, be it a film, special activity or outside event? Where will this conclude?

Thérèse Coffey Portrait Dr Coffey
- Hansard - - - Excerpts

This is specifically about circuses, and the basis for it is the itinerant nature of such events and what happens when these animals are moved. Falconry and displays have been mentioned. Typically, a falcon returns to its principal place of residence after such a display, so the effect is not the same. I assure my hon. Friend that mobile zoos will still be mobile, but of course licensing is undertaken, through the 2018 regulations.

Let me return specifically to the evidence. My understanding is that after the 2006 Act came into place, the academic lawyer Mike Radford was appointed to chair a circus working group. His report concluded that there were no welfare concerns over and above those applying to animals kept in other captive environments, and therefore any attempt to take forward a ban on welfare grounds under the 2006 Act would fail the test of proportionality and primary legislation would be needed. I should also point out to the House that that is also the legal position of the Scottish and Welsh Governments, and that the bans that have been brought forward have been justified on ethical, not welfare, grounds.

Let me deal with some other aspects of questions that have been asked. I think I have addressed the questions asked by the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), and I welcome the fact that the legislative consent motion will go through to make sure that the amendment is passed and the legislation has a smooth passage. I have already addressed the question about animal sentencing and when that can be undertaken.

I am very conscious of the strong support given today by hon. Members, including the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), my hon. Friend the Member for Copeland (Trudy Harrison), the hon. Member for Blaydon (Liz Twist), my hon. Friends the Members for North Dorset (Simon Hoare), for Romford (Andrew Rosindell), for Tiverton and Honiton and for Taunton Deane (Rebecca Pow), the hon. Members for Ipswich (Sandy Martin) and for Plymouth, Sutton and Devonport, and my hon. Friend the Member for Camborne and Redruth (George Eustice). A variety of people have decided to attend this debate and support this Bill. I hope that that support will continue in Committee. It is an honour to have closed this debate. We care passionately about this and I am sure the same spirit will continue as the Bill makes its passage through the House.

Question put and agreed to.

Bill accordingly read a Second time.

Wild Animals in Circuses (No. 2) Bill (Programme)

Motion made, Question put forthwith (Standing Order No. 83A(7),

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 23 May 2019.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on Consideration.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on Consideration.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Jeremy Quin.)

Question agreed to.

Wild Animals in Circuses (No.2) Bill (First sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee Debate: 1st sitting: House of Commons
Tuesday 21st May 2019

(4 years, 11 months ago)

Public Bill Committees
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 May 2019 - (21 May 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Alistair Carmichael Portrait Mr Carmichael
- Hansard - - - Excerpts

Q If you have people there exercising functions under the Act, does it not make good sense for everybody to have powers to gather evidence in the normal way?

Dr Ros Clubb: Yes.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
- Hansard - - - Excerpts

Q Thank you very much for your contributions, which are much appreciated. When DEFRA carried out its public consultation, 95% of the public supported a ban. I am interested in your views, either anecdotally or through any other survey data that you have seen, on whether the public’s view has changed significantly since that time, which was 10 years ago.

Daniella Dos Santos: I would say that most people think there already is a ban; their belief is that this not happening any more. I would suggest there has been no significant change in public support.

Dr Ros Clubb: From the public opinion polls that we have seen over the years, support has remained at a similar level. The majority, when questioned, believe that there should be a ban. Anecdotally and from talking to people, including our supporters, many people believe that a ban has already been passed and are not even aware that this practice is still allowed to continue.

Nicola O'Brien: As I said before, people are surprised that we are still talking about this and that all animals are not banned in circuses. People are really surprised that there has not been legislation in England on this yet. We have seen an increase in frustration that there is not a ban in place yet. We think public opinion is still as strong. Again, the consultations carried out in Wales and Scotland more recently show wide public support for a ban.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Questions have been raised around seizures and disqualification. Under the Animal Welfare Act 2006, there are powers for seizure. This Bill would be based on a rationale of ethics, as we discussed on Second Reading. If there are any animal welfare issues, the enforcement powers would be available to seize the animal under the Animal Welfare Act 2006. The courts are also empowered to disqualify those who have held those animals. Notwithstanding your concerns, those are strong powers. Do you accept that they will have some real weight in this area?

Dr Ros Clubb: We accept that those powers exist and, where there is evidence of animal welfare issues in contravention of the Animal Welfare Act, those powers could come into play. We absolutely accept that. Similarly, there are powers of seizure for species that fall under the Dangerous Wild Animals Act 1976. Our concern is if neither of those apply, something might fall between the cracks. Our angle is to be consistent and ensure that any illegal use can be addressed with those powers.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q There has been a lot of discussion around travelling circuses in Scotland and Wales. The Governments there—in their various stages of taking this legislation through—have not felt the need to define what a circus is, and neither did the Environment, Food and Rural Affairs Committee when it was dealing with its evidence. Should we have a different approach here?

Daniella Dos Santos: From the BVA’s perspective, our issue is that the meaning of “travelling circus” is not defined in the Bill. We would support the inclusion in the Bill of a definition in line with the one used in the Scottish Bill.

Dr Ros Clubb: From our perspective, our main concern is to ensure that the activities meant to be captured by this are captured. Part of that could be covered in statutory guidance, if it was associated with the Bill, to ensure that the less formal use of animals associated with circuses is captured and that there is more guidance around what is meant by “travelling circus”.

Nicola O'Brien: I have nothing further to add.

Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con)
- Hansard - - - Excerpts

Q Birds are covered by the Bill because the Animal Welfare Act 2006 defines an animal as being a vertebrate. Is that correct?

Dr Ros Clubb: Yes that is correct.

--- Later in debate ---
Bob Seely Portrait Mr Seely
- Hansard - - - Excerpts

Q You used the words “free to choose”. Animals respond to their behaviour types; they do not have freedom of choice in the same way that humans do. When you talk about being free to choose, you are getting into a grey area, are you not? A lot of people would dispute the idea that animals are free. Okay, going to a circus is not natural behaviour for an animal—I get that—but what about galloping with a human on?

Jordi Casamitjana: I agree that there is a grey area and different interpretations. I am an animal welfare expert—that is my background. The fact that the behaviour is used in a domestic environment does not mean that that behaviour is the behaviour that the animal would use if it was alive and doing it their way.

For instance, an animal running from a predator is natural behaviour, but running too much is no longer natural behaviour, nor is running for another purpose, because it has been hit or for other reasons. There might be behaviours that have their origins in natural behaviour that have been forced and modified to the extent that they become an animal welfare concern. From that point of view, you can say that even humans have some behaviours that are instinctive and some that are learned. That is no different from any animal. We have feelings; they have feelings. We have intentions; they have intentions.

Angie Greenaway: Regarding the legislation, we know there is long-standing public and political support and commitment to legislate on the issue, as opposed to some of the other issues. People probably accept that there are welfare issues involved with those and things that we might speak out against, but there are inherent welfare issues with the travelling nature of the circus.

We also accept that there are issues with domesticated animals in travelling circuses. Actually, most opinion polls show that there is majority support for a ban on those species as well, although it is not quite as high as wild animals and it has obviously not been consulted on and debated. We would like that to be addressed in the future. There have been so many arguments about the science, the consultation process and all the markers along the way over the past 10-plus years. That is why it is really important to get this legislation through. I am sure people will address some of these other issues in due course.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Thank you for your contributions. Do you as groups agree that societal attitudes towards wild animals in circuses have changed over time? Why do you think that might be? What are the drivers of that? I am interested in your thoughts about public perception.

Angie Greenaway: That is something we have seen over the past 20 or even 30 years. Public opinion polls have shown that there has been consistent support— 70% or 80%—for a ban. The Government consultations in England, Wales and Scotland show that 94.5% to 98% are in favour of a ban. I think some of that is because people generally are more aware of the needs and the lives of animals through documentary programmes, scientific research that comes out and investigations by groups such as ours, which expose living conditions and the training and handling techniques used in circuses. When people are aware of that inherent suffering, attitudes change, and over time that is happening not just in this country but all over the world.

Dr Chris Draper: All I would add is that I think public attitudes have reached a crescendo. They perhaps reached a crescendo quite a few years ago and we have been kept waiting. This dates back to discussions in Parliament in the 1920s, in the run-up to the Performing Animals (Regulation) Act 1925. Concerns have been raised about how animals fare when they are used for entertainment and exhibition in circuses. Those concerns never went away, but awareness increased of what was going on behind the scenes. This is not just about people’s ethical and moral consideration of animals, as it was in those days. It is an emerging picture, but the picture is consistent: the public are now united against the use of animals in this way.

Jordi Casamitjana: I would go even further than that. Some 300 or 400 metres from here, years ago, there was badger baiting, bear baiting and bull baiting going on. In 1835 we banned those activities. There was already a concern then that having wild animals in a circus-like spectacle, where they fought with each other for entertainment purposes, was wrong. The enlightenment—this political, social and philosophical movement—started there, and it has not finished. Time is constantly moving. Our views about how we treat animals are opening up. We see animals as sentient more than we used to. We realise they are suffering. We realise their needs better than before. This drive towards a belief that we do not have the right to impose suffering on animals just for entertainment purposes has continued. It is not surprising that it has taken some time, but it has never stopped—and it will never stop, because that is what social progress does.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q On the discussion about defining travelling circuses in the Bill, there are concerns, which we have discussed at length, that defining them too narrowly may mean that certain activities, such as falconry, cannot happen. It sounds as if you would be quite understanding of an approach that involved using guidance to define things more clearly. I think one of you actually said that might be a more flexible approach that could adapt to changing circumstances in the years ahead. Obviously, primary and secondary legislation can take time. It would be interesting to hear your more definitive views on that. If we were to move forward with guidance, would your organisations be willing to get involved in that process and help review it?

Angie Greenaway: Yes, we would be very happy to contribute to that and to comment on the Scottish legislation as well. Guidance is needed for clarification. As Committee members have mentioned, there are circumstances in which people are not sure whether the legislation would cover something. Guidance would help provide clarity.

Dr Chris Draper: Statutory guidance is necessary in this case; leaving things with an industry-led guidelines approach would not be wise. In terms of the statutory guidelines type of approach, I would be more than happy for Born Free to be part of that process.

Jordi Casamitjana: I would also be happy to be involved. Guidelines give special flexibility, so you can perceive problems and make modifications in the future, when there is suddenly an unforeseen type of activity. We have the reality right now; there is a variety of activities, and therefore it is already neweded right now.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

Q I wanted to go back to Angie’s written submission, which talks about the circus animals suffering. There is a general understanding that banning wild animals from circuses is a good thing, and we want to do that, but I have not yet heard—apart from in small bits—about the levels of suffering that we have in circuses at the moment. There is a sense that that has already been banned, so any animals that are already there must be well treated; otherwise, how would people pay money to go to a circus if they felt animals were not well treated? Can you give us a sense of your assessment of the welfare of the animals we have in circuses in the UK currently? What is the best way to assess the wellbeing of an animal in any type of captive environment, especially one where they are subject to so much touring and travelling?

Angie Greenaway: I think the British Veterinary Association covered it well when they talked about the inherent welfare issues of travelling and the fact that the accommodation needs to be small and collapsible and to be put on the back of the trucks. Big cats, even though they are not currently touring, will be in a series of small cages on the back of a lorry; that is their permanent accommodation. Sometimes they might have access to an exercise enclosure, but it will only be for x hours during the day. Elephants will be kept chained all night, at least, and possibly all day.

Other circus animals, such as camels and zebras, might be tethered and on their own. Obviously, they are herd species, so those are unnatural social groupings, which was touched upon earlier. The provision of the accommodation is not suitable, nor is the constant travel. The report by Professor Harris, commissioned by the Welsh Government, said that there is no evidence to show that these animals get used to the travel. Some people think it does not matter and say, “Oh, they’ve been touring for years.” That is still going to be a stressful experience that will compromise their welfare.

There are issues across the board, but also those that are species-specific, depending on how the animals are socially grouped, managed and trained. The welfare of the animals is compromised, and that has been accepted by veterinary bodies. The scientific evidence is overwhelming about the issues involved.

Wild Animals in Circuses (No. 2) Bill (Second sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee Debate: 2nd sitting: House of Commons
Tuesday 21st May 2019

(4 years, 11 months ago)

Public Bill Committees
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 May 2019 - (21 May 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

I will have to interrupt. We only have three minutes left.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
- Hansard - - - Excerpts

Q I just have a couple of questions. Thanks for coming along today—we appreciate it. In terms of the animals we are talking about now and the ones you have, I understand that you want them to carry on travelling. As you know, the legislation we are considering at the moment does not allow for that, so I just wanted to ask again about retirement plans for the animals. Mr Jolly, you seemed to indicate that this might be enough for you to decide that you do not want to carry on in the circus arena anymore, and you, Ms MacManus, you were not too clear what was going on.

Carol MacManus: I don’t think it is fair on the animals.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Understood.

Carol MacManus: If I leave my camels behind, I would have to leave some llamas and horses behind just to keep them company. They were really stressed when I could not take them to Spalding.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q When you talk about leaving them behind, do you have people at your winter base all the time?

Carol MacManus: I wouldn’t just turn them all out in the field and hope they were still there when I got back next week or next year.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Forgive me, I do not know how your operating model works. You do have people at your winter quarters throughout the year?

Carol MacManus: At the moment, no, but we would have to put that in place, because we would have to look after the animals.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q So that would mean that, although you do not have definitive plans, you have options for your two reindeer, your zebra and your two camels.

Carol MacManus: If it makes a difference on the Bill, I could say I am just going to have them all put to sleep, but I do not think it would make any difference. So, yes, there are plans in place.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Thank you very much.

I have one other quick question. There is a lot of public interest in this Bill, and some people want to see this happen as soon possible. If the legislation was put in place before 20 January 2020—I think that is the deadline; is that right?—would you be able to cope with that in terms of your plans?

Carol MacManus: But I thought we were still licensed and that our licence was valid until January 2020. I am not a lawyer, so I do not know. I would have to get a lawyer on to that case. I thought we were safe until January 2020.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Mr Jolly, any thoughts on that?

Peter Jolly: If it goes on till 2020, we are in the winter quarters anyway.

Carol MacManus: But say a ban comes in next week.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q It will not be next week, but what if it was brought forward earlier?

Peter Jolly: We travel until November.

Carol MacManus: Won’t that contradict the legislation that is in place?

None Portrait The Chair
- Hansard -

Order. I am sorry, but the time has passed so quickly. I want to thank our two witnesses for the time you spent with us. We thank you for your full and frank responses to the questions. You have given very valuable evidence to the Committee. Thank you very much indeed.

Carol MacManus: Thank you for having us.

Examination of Witnesses

Martin Lacey Jr and Mrs Rona Brown gave evidence.

--- Later in debate ---
None Portrait The Chair
- Hansard -

If there are no further questions from colleagues, I call the Minister.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Thank you very much. I have one question, but first I just want to reassure the circus families who are still in the room that there is no discrimination involved in the basis for this legislation; there is certainly nothing to do with religious discrimination. I think all the Members around this table can agree on that. I hope that those families get that clear sentiment here today, notwithstanding the fact that I understand it is a difficult time for them.

I want to ask this of the two witnesses in front of us. Do you recognise that the public perception of using wild animals in circuses is fundamentally changing? If not, what do you consider to be the reason that most travelling circuses in the UK have stopped using wild animals?

Martin Lacey: It is definitely now much harder to run. There are a lot of costs in taking care of animals. Just for my lions, we have our own lion clinic just outside Munich, and it costs €20,000 a month just to feed the lions. Obviously, the expense is very high.

We have 1.1 million visitors in the summer season. There are 450,000 people in Munich who visit us in our own circus building. There is obviously a lot of interest there, but I would agree there is a lot of scepticism about circuses. Our way is just to be open. We are very open; we show everything. Everybody who knows us knows that we love and care for our animals.

Personally, I do a lot of scientific work. I know that I am good with animals, but to prove it to politicians I need to work with scientists, and we try to find out. We are doing another test now on stress. We did one with travelling and now we are doing another one to back that up. I think that is the future.

I have a son who is 11 years old. He flew over with me and he is interested in this. He loves his animals as well. For my future, that of my children and his children, we are showing and being open. It is possible to have animals in human care and to have a high standard.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Do you have any comments on the question, Mrs Brown?

Rona Brown: No, I think Martin said everything and I agree totally with him.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Thank you.

None Portrait The Chair
- Hansard -

Thank you both very much for the time you have spent with us. This has been a very robust session, but we have greatly appreciated the time that you have spent with us, the evidence you have given and the responses to our questions. Our Clerk will accept the books from you. If colleagues would like them translated into English, they are most welcome.

Rona Brown: May I just say something, Mr Chairman?

--- Later in debate ---
David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q Thanks again for the contributions today. As you probably heard in the earlier sessions, there has been a debate about police powers and whether constables should be able to inspect properties. Can you confirm your understanding that under the Animal Welfare Act 2006 the police have powers to intervene in welfare situations, and that the courts may seize and disqualify?

Mike Radford: Yes, but they may only do that under the offences defined in the Animal Welfare Act. If the issue is unnecessary suffering or failure to meet the animal’s needs, in accordance with the welfare provisions the animal may be seized. If there were no welfare or suffering issues and the potential offence was simply that the animal was within the circus and that went against the ban, I doubt that the courts would allow seizure, because under the Animal Welfare Act seizure is allowed on the basis of an offence under the welfare Act being alleged to have been committed. The offence here would be under this legislation, not under the welfare Act.

Wild Animals in Circuses (No. 2) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading: House of Commons & Report stage: House of Commons
Tuesday 4th June 2019

(4 years, 10 months ago)

Commons Chamber
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 4 June 2019 - (4 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Mike Penning Portrait Sir Mike Penning
- Hansard - - - Excerpts

She does not look 30 years of age, as my hon. Friend comments. She said to me when she was about 11 years of age, “Daddy, I’m going to be taken to a zoo by the school, and I don’t want to do that. I don’t want to see animals in cages.” We have never gone to a zoo and never gone to a circus that has had live animals. My youngest daughter is 28 and my eldest daughter is 30. My eldest daughter is now a marine biologist, so the House can probably realise where I am coming from on this. If we are going to make a law that says that we are banning live animals in circuses, let us do that for them, and for the public. If there are animal welfare issues, that can be picked up, but actually over the years it has not been, which is why we are going to ban it ethically now.

Should the animals be taken if they are found in this situation? This is a really difficult grey area that the Minister is going to have to address. Why would someone travel with an animal if they have not been training it and using it? Why would they keep it in its winter quarters when perhaps there are better types of quarters that it could be kept in? If it is travelling, why would they do that if they are not using it within a circus production? I hope that there can be an accommodation in this Bill—whether in this House, around guidance, or as it proceeds to the other House, which will also understand that the public are with us on this—whereby we can do what it says on the tin. This Bill says that we are going to ban live animals in circuses—we are going to protect those animals should they be in a circus.

There will be loads of good will out there regarding these animals. The hon. Member for Plymouth, Sutton and Devonport said that he tweeted out about this —yes, but they have to go to the right place. We are talking about myriad different types of animal that are used within circuses. It is really important that these animals go to a place of expertise to be looked after, because a lot of them may well have been through very stressful procedures. They may have been in a circus nearly all their life and then they are taken to a completely different environment. That takes a degree of professionalism and expertise. That has to be addressed in terms of payment, which should come from the circus, as they are the people who are responsible for these animals. They can be passionate about them. I have heard some of the debates in public over the years where they have said, “We love these animals.” I do not doubt that, but we need to say, “If we have a situation where we are going to have to remove animals from you, as an organisation, then it is not right for the taxpayer or a charity to pick up that tab—it is your job.” We need to consider how we can move that forward within the guidance. Perhaps the other House will debate this for a little bit longer.

We are trying, on principle, cross-party and as a nation, to get the animal rights part of this right. My kids—our kids—are driving this forward. It is like the environmental arguments that are going on out there at the moment. They are right, because it is their future, not our future. I have been lucky enough to be in Kenya with the military and have been in most of the safari parks. Seeing an animal in its natural environment coming down to the water hole in the evening because that is what it naturally does is an absolutely moving thing, not like seeing an elephant standing on its back legs in a circus, which is very damaging for the animal.

The House should be very proud of bringing this legislation forward. I would disagree only slightly with the hon. Member for Plymouth, Sutton and Devonport on one thing. The previous Labour Administration had a huge majority—an absolutely enormous majority. They could have got whatever legislation they wanted through this House at any time during that period, but it is a Conservative Government who have brought this through. I am very proud of that, but it should have been brought in years and years ago.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
- Hansard - - - Excerpts

It is an honour to participate in the debate, and I welcome the genuine cross-party spirit. We are good friends on these issues, and it is good to hear well-informed, well-thought-through opinions, which will add to what we are taking forward. I congratulate the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) on setting out his concerns so clearly. We have spoken outside the Chamber, to facilitate further discussions, which shows the cross-party approach we are taking.

Animal welfare is a vital issue for everybody in the Chamber. All Members here have played an important role in trying to secure debates and take forward legislation on this issue. It is time to stop the outdated practice of wild animals performing or being exhibited in circuses. I will go into some technical details, but I think we all agree that we need to move in that direction.

--- Later in debate ---
Liz Twist Portrait Liz Twist (Blaydon) (Lab)
- Hansard - - - Excerpts

There is concern about using two different bits of legislation to solve one problem. Would it not be clearer to cover this issue in the Bill, rather than relying on the Animal Welfare Act?

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

That is an interesting point. It is difficult to get the balance right, but the key thing to remember is that we are discussing an outdated practice that we want to see removed on ethical grounds. Seizure is much easier where there are genuine welfare concerns—I will explain why in more detail—and those powers are contained in the 2006 Act.

If the animal is subject to the Dangerous Wild Animals Act 1976—of those animals currently kept in circuses, only camels and zebras are subject—it may be seized if it is being kept without a licence or if a licensing condition is being breached. There is no need to replicate those powers here. In Committee, concern was raised about repeated breaches of the Act. The courts would have the power to impose unlimited fines, which makes it highly unlikely that a circus would continue to reoffend, for economic reasons.

Powers to seize animals interfere with the peaceful enjoyment of possessions, which is protected by article 1 of protocol 1 to the European convention on human rights. Interferences must be justified and proportionate. That may be easy to do if an owner is mistreating an animal and the powers are being exercised under the Animal Welfare Act, which is the point I was trying to make earlier. However, the objective of this legislation is simply, but importantly, to prevent the use of wild animals in circuses on ethical grounds. Preventing someone from using animals for other purposes, which is what the seizure and deprivation powers do, goes beyond what is necessary to achieve the objectives of the Bill.

Alex Sobel Portrait Alex Sobel (Leeds North West) (Lab/Co-op)
- Hansard - - - Excerpts

I would like some reassurance from the Minister about a circus that operates in my constituency—Circus Mondao—which has a zebra and two camels. I have been campaigning for it to cease the use of these, and I ask that the Bill cover that so that I can happily go to Circus Mondao in the knowledge that, because of this Act, it is not using wild animals.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

The hon. Gentleman sets things out incredibly clearly, as he has done on others Bills I have been involved in. Absolutely—I can categorically say that, at commencement of this Act, those practices will no longer be able to be taken forward, so his campaign will have come to fruition. I hope that reassures him.

Amendment 4 seeks to extend the enforcement powers in the Bill to police constables. A few points have been made, not the least of which were those made by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who is passionate about many things, including these issues. I always have a soft spot for Hemel Hempstead because that was where one of my sons was born. We are all talking about our children today.

David Drew Portrait Dr David Drew (Stroud) (Lab/Co-op)
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You just put them in a circus then.

David Rutley Portrait David Rutley
- Hansard - - - Excerpts

I do not know how to take that comment. I think I will move on.

Again, we do not feel that the amendment is necessary if an animal is in distress, when the Animal Welfare Act 2006 already provides powers for the police to respond quickly. The offence we are talking about—a ban on use on ethical grounds; let us keep that in the front of our minds—does not require such an urgent response. It does require a response, but it does not have the same immediacy. It can happen only in the context of a public performance, which will of course take place in a public place. If a travelling circus wanted to break the law, it would have to do so in front of an audience. An inspector could be at the circus in sufficient time, and the schedule provides powers to search for evidence. As outlined in the schedule, that includes questioning any person on the premises, taking samples and taking copies of documents. Indeed, inspectors can seize anything, except an animal, found on the premises that they reasonably believe to be evidence of the offence in clause 1.

We do not believe it necessary to extend these powers to the police. DEFRA has approximately 50 circus and zoo licensing inspectors, who are qualified and experienced in identifying and, if need be, handling species of wild animals. In fact, in Committee, my hon. Friend the Member for Truro and Falmouth (Sarah Newton) made the point that we do have the expertise, and I think it is best to get qualified veterinarians or people with extensive experience of working with captive animals to take care of this work. Few, if any, constables would have that level of knowledge, as my right hon. Friend the Member for Hemel Hempstead pointed out.

In the rare cases where a police presence is needed, as I explained in Committee, the Bill also provides powers for an inspector to take up to two other people with them on an inspection. These could include a police constable, who would be able to exercise, under the supervision of the inspector, the powers of inspection provided in the Bill. Let me assure the hon. Member for Plymouth, Sutton and Devonport and other hon. Members that the guidance DEFRA will issue will also make it clear that police constables are able to accompany inspectors during the inspection, and I have also set that out to him in writing. I hope that gives him and other Members a greater degree of assurance that the police will be able to play a role, as required.

Luke Pollard Portrait Luke Pollard
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Will the Minister go into slightly more detail about where the guidance will land on that point? Will the police constable be one of the two people who can accompany an inspector, or will that be in addition to those two people, since there may be very good reasons why certain specialists are required for certain animals?

David Rutley Portrait David Rutley
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That is a good question, and we will take a closer look at that. At this stage, it would be one of the two people, but that is something we can take a closer look at.

I accept the point that has previously been raised that the Scottish Act provides powers for police constables to enforce the legislation. The Scottish guidance states:

“Although constables are provided powers for enforcement, it is expected that it will primarily be Local Authorities that will enforce the Act as part of other responsibilities relevant to travelling circuses.”

Even under the Scottish Act, the police are not seen as the primary inspection force.

Since Committee, DEFRA officials have discussed enforcement of the Bill with the chief constable of Hertfordshire constabulary, Charlie Hall, who is the national policing lead on animal matters. The view of the police is that while they would of course support DEFRA-appointed inspectors, should this be required, they do not want to take on the additional responsibility of being the primary enforcer of what is a very specialist area of business. They see their role as being one of support in keeping the peace when necessary to enable inspectors to conduct the work provided for in the Bill.

Mention has been made of the National Wildlife Crime Unit, and we certainly respect its contributions, but we are concerned here with an offence involving captive wild animals, not wildlife crime, so it is unlikely that that group will have a primary role in inspection. That will be for the other inspectors we have talked about.

Mike Penning Portrait Sir Mike Penning
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There could be a situation in which a wild animal has been inappropriately brought into a circus. We are not talking about everything coming from Africa or Asia; it could, for instance, be a wild animal from the UK, or one illegally imported. There are people who have that area of experience, and all we are asking for in the guidance is that they should be appropriately contacted and their expertise used, should that be needed.

David Rutley Portrait David Rutley
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I think that is a perfectly fair point, but the point I am trying to make, to reassure colleagues, is that we have 50 inspectors who are well trained to take care of this. Of course, we would get the police involved at the right time, and we will put that in guidance. We can anticipate that there may be circumstances in which we need to get the National Wildlife Crime Unit involved, and we will set that out as appropriate. Again, I hope that the points I have made give sufficient reassurances to hon. Members, and that the hon. Member for Plymouth, Sutton and Devonport feels that he need not press amendment 4.

I turn to amendment 2, tabled by my hon. Friend the Member for Shipley. He seeks to prevent circus operators from euthanising their wild animals, which is something we all want to be avoided, unless they have permission from a qualified vet. Again, I assure him that these issues were raised directly with the circuses during the evidence session. I understand the sentiment behind the amendment, but we have not seen any evidence that current circus operators would seek to euthanise their animals. Indeed, the two remaining circuses have assured us that they would not do so. In oral evidence during the Bill’s Committee stages, Peter Jolly senior was clear that:

“I would change my business to something else, but the animals would stop with me.”––[Official Report, Wild Animals in Circuses (No. 2) Public Bill Committee, 21 May 2019; c. 42, Q107.]

Carol MacManus suggested that the other circus, Circus Mondao, was considering either rehoming its wild animals or keeping them at winter quarters with people to supervise the animals

“because we would have to look after the animals.”––[Official Report, Wild Animals in Circuses (No. 2) Public Bill Committee, 21 May 2019; c. 50, Q152.]

They are concerned about their animals and consider them to be part of their family.

I would also point out that, in practice, the amendment would unfairly target circus operators by requiring them to obtain permission from a veterinarian to have an animal euthanised. No such legal requirement exists for pet owners or other owners of working animals who operate a business. As we have discussed, we do not need to seize an animal under the Bill to prove that an offence of using a wild animal in a travelling circus has been committed. The other thing it is important to set out to my hon. Friend is that retirement plans are in place for these wild animals, and the Animal Welfare Act will of course continue to apply to protect these animals. Once again, I hope that the points I have made will give reassurances to my hon. Friends and to Opposition Members.

New clause 4, as set out by the hon. Member for Plymouth, Sutton and Devonport, aims to prevent new animals from being added to existing licences and to prevent new licences from being passed, and amendment 3, tabled by my hon. Friend the Member for Shipley, seeks to allow the circuses two more years on their existing licences. We do not believe new clause 4 is necessary, although I understand what the hon. Member for Plymouth, Sutton and Devonport is seeking to achieve with his amendment—to mitigate the risk of additional wild animals being brought into travelling circuses between Royal Assent and the Bill coming into force on 20 January 2020. New clause 4 appears to be intended to come into force on Royal Assent; I think that is the intention. By convention, there is a strong presumption against commencing any earlier than two months after Royal Assent, because the public are entitled to be given a reasonable period of time to adapt to a change in the law and to reorganise their affairs in response to it. It would be highly unusual to commence a clause such as this on Royal Assent.

Paragraph (a) of new clause 4 seeks to prevent new licences from being issued after the Bill has passed, so it would apply only to new travelling circuses or existing ones that currently do not use wild animals in their performances. If a travelling circus wished to start using wild animals before the end of the current touring season, typically at the end of October—for those who have not been part of this debate, circuses would not continue until 20 January, because they normally stop performing at the end of October—it could technically have a last hurrah, and the hon. Gentleman has made that point with conviction. However, it would have to apply for a licence as soon as the Bill was published to maximise the revenue it would want to get. I reassure hon. Members that DEFRA has received no inquiries from anyone regarding even the possibility of an application for a new licence.

If, however, a new circus decided to apply for a licence, say, next week, DEFRA’s application takes a minimum of six weeks, and for a new circus unfamiliar with the demands of our licensing regime, it could take considerably longer for an application to be determined. Both current licensed circuses, when they first applied for a licence, needed to be inspected twice before their licence was awarded, and those inspections took place at winter quarters, which is an easier place to conduct an inspection; even then, both applications took two months to be approved. Even if a circus were to submit an application for a licence next week, it would be able to use its wild animals for, at most, 14 weeks or three months before the end of the current touring season.

Luke Pollard Portrait Luke Pollard
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That is quite a long time.

David Rutley Portrait David Rutley
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The hon. Gentleman says that is quite a long period. It is long enough to take what he is saying seriously. We understand his arguments, but for the sake of completeness, I want everyone to understand the processes.

Paragraph (b) of the new clause would affect circuses already licensed by DEFRA. The two licensed circuses still using wild animals have not said that they have any plans to add further wild animals. Given that a ban will be in place before the next touring season, it would make little economic sense for them to invest in new trained animals or equipment now, and significant changes to a performance require planning, which would usually happen when the circus is at winter quarters, from late October onward. Also, in the unlikely event that a circus sought to add a wild animal to an existing licence, the proposed moratorium would not prevent that from happening between now and the moratorium coming into effect.

I assure the House that that is a highly unlikely scenario. The current 2012 licensing regime would safeguard the animal’s welfare. Existing licence conditions require circuses to provide DEFRA with at least two weeks’ notice of their intention to add a wild animal to their circus, and inspection would follow as soon as possible after the animal’s arrival in the circus. The Government accept that that leaves open the possibility—albeit a very small one—that new animals could be used in travelling circuses for a maximum of 14 or 16 weeks, or just over three and a half months, if the licence application was submitted and approved, unless the proposed early moratorium comes into effect. Although we have had no indication that any circus in the UK would try to make use of such a gap, I understand the concerns expressed by the hon. Member for Plymouth, Sutton and Devonport and my right hon. Friend the Member for Hemel Hempstead. I will take the matter away and, ahead of Committee stage in the Lords, consider how best we can ensure that no new wild animals are used in travelling circuses by the time the ban comes into force on 20 January 2020.

On amendment 3, tabled by my hon. Friend the Member for Shipley, we believe that circuses have had enough time to plan for the ban. He suggested, I think probingly, that the decision has only just been made; in fact, the legislation has been long in gestation, and the general feeling is that it would have been better had it been introduced sooner. I think we all share that view. It has been difficult to get parliamentary time. Circuses have had six and a half years to prepare, ever since the introduction of the licensing regulations, which contain a sunset clause that made it clear that the ban would be in place by January 2020. We do not believe, therefore, that the amendment is necessary.

The Government have always been clear that the licensing regulations were an interim measure only. It is important to highlight that licences must be renewed every year, and in February last year we reaffirmed that any license issued to circuses this year would be the last, because a ban would be in place by the time the interim regulations expired on 20 January 2020. The coming into force date of the Bill aligns with the expiry date of the regulations, which means that the two circuses will be able to update and plan their routines for next year while they are not on tour, as the majority of circuses would do anyway.

It should not be too difficult for the circuses to replace the wild animal elements of their shows. DEFRA has been inspecting these circuses at least three times a year for the last six and a half years. Our inspections show that the animals, where they are used, are used for only about five to ten minutes as part of a two-hour show. As long as the ban comes into force during the winter season, which has always been the Government’s intention, we believe that the two circuses have enough time to adjust their routines. Indeed, there are about 25 circuses in the UK and Ireland that do not use wild animals in their show, and they operate successfully. They show what can be done. To reassure my hon. Friend further, comparisons with ticket prices in other travelling circuses that do not use wild animals do not show a premium for seeing or involving wild animals.

I should add that the amendment does not reflect the fact that the interim licensing regulations expire next January. The amendment would therefore permit wild animals to be used in travelling circuses for two years—that is, to 2022—with a much lower level of scrutiny than they have been subjected to for the last seven years. In those circumstances, I would certainly share the concerns about more wild animals being introduced into travelling circuses. A two-year moratorium, with no DEFRA licence required at all, could well lead to more wild animals being used in travelling circuses. That is not something this Government would agree to.

I hope I have made it clear why the Government believe that next January is an appropriate date for the ban to come into force, and that hon. Members in all parts of the House are reassured by my comments. I hope my hon. Friend feels that it would be best were he not to press his amendment.

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

I thank the Minister for an extremely thorough response to the amendments tabled by me and the shadow Minister, the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard). People will now see why I speak so highly of my hon. Friend, not just in his time as a Minister but in his time at Asda. His courteous, serious and thorough treatment of all the amendments does him credit and shows why he is such a fantastic Minister, and I am grateful to him. I am pretty sure that he will discuss these matters further with the shadow Minister and me before the Bill goes to the Lords.

As the Scottish National party Chief Whip, the hon. Member for Glasgow North (Patrick Grady), is present, I should restate my view that the law introduced by the Scottish Government is better than the Bill we are dealing with, but I have heard the Minister’s response and, based on that, I beg to ask leave to withdraw the new clause.

Clause, by leave, withdrawn.

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David Rutley Portrait David Rutley
- Hansard - - - Excerpts

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(3)).

[Dame Eleanor Laing in the Chair]

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David Rutley Portrait David Rutley
- Hansard - - - Excerpts

I beg to move, That the Bill be now read the Third time.

I am pleased to move the motion for the Third Reading of this short but very important Bill. It is a Bill with a very simple purpose: to ban the outdated practice of using wild animals for performance or exhibition in travelling circuses. The Bill addresses important ethical concerns about the way we use and perceive wild animals in the 21st century. This country is rightly proud of its place in the world for the protection and care of animals. Our regard and respect for wild animals, and our sense of their intrinsic value, are now much more important to us than allowing them to be used for entertainment.

The Government’s belief, which I hope is widely shared by many in this House, is that travelling circuses are not the right place to experience or learn about wild animals. Frankly, circuses do not need to use wild animals. Most circuses have been thriving without the use of wild animals for a long time now. The continued use of wild animals in travelling circuses, often performing demeaning routines for our amusement, sends completely the wrong message about the value and respect we should accord them. The Government’s view is that the very notion of inducing wild animals to perform tricks in a circus setting is well past its sell-by date and should now stop.

The Bill fulfils a long-term commitment. I once again pay tribute to those hon. Members on both sides of the House who have sought to take it forward as a private Member’s Bill, including my hon. Friends the Members for Colchester (Will Quince), for Torbay (Kevin Foster) and for Copeland (Trudy Harrison), and my hon. Friend the Member for The Wrekin (Mark Pritchard), who took this important issue forward initially, for his advocacy and support.

I also wish to thank hon. Members who have contributed to today’s debates and throughout the proceedings in this House, as well as the members of the Public Bill Committee and the expert witnesses, including those who submitted written evidence for their consideration on the Bill. I am grateful for the constructive engagement by representatives from animal welfare non-governmental organisations, especially in their willingness to help to draft the guidance that I have committed the Department for Environment, Food and Rural Affairs to producing when the Act comes into force.

I extend my thanks to my hard-working and long-suffering Bill team, my private office, the parliamentary private secretaries, the Whips on both sides and, of course, the Clerks for their work and support on this issue. I thank those on the Opposition Front Bench for the constructive way in which they have taken the Bill forward and most of the other proposed legislation we have been working on over previous weeks.

It is an honour to take the Bill forward. It has had such overwhelming support from all parties, the public and animal welfare organisations from Second Reading through to today. We are committed to enhancing our well-deserved worldwide reputation for caring for animals after we leave the EU. This ban is another important measure to protect and improve the lives of animals, from strengthening the protection of service animals through Finn’s law, to ensuring puppies and kittens are no longer sold by unscrupulous third-party sellers—we will have more of that tomorrow—and combating the illegal wildlife trade. We are grateful for the continued support of colleagues across the House for our efforts to protect animals and to ensure a sustainable future for our shared planet. I wish the Bill safe and speedy passage through its remaining stages in the other place.

Wild Animals in Circuses (No. 2) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading (Hansard): House of Lords
Wednesday 19th June 2019

(4 years, 10 months ago)

Lords Chamber
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 4 June 2019 - (4 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

That the Bill be now read a second time.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
- Hansard - - - Excerpts

My Lords, this is a straightforward Bill. It seeks to prohibit the use of wild animals, whether in performances or displays, in travelling circuses. There is strong public opinion in support of this and government consultations in England, Wales and Scotland show that well over 90% of respondents are in favour. This reflects the Government’s view that seeing wild animals in circuses does nothing to further our understanding or conservation of wild animals.

In 1990, there were 20 travelling circuses using over 250 wild animals between them. Now, there are two travelling circuses with 19 wild animals in total—specifically, six reindeer, four camels, four zebras, two racoons, one fox, one macaw and one zebu.

Consideration of this issue arose during debates on the Animal Welfare Bill in 2006. The Government at the time agreed to consider whether it would be possible to bring forward a ban on the use wild animals in travelling circuses under powers in that Bill, now the Animal Welfare Act 2006.

Matters moved on and, in 2012, the Government announced their intention to introduce primary legislation on ethical grounds, but as an interim measure they introduced a seven-year circus licensing regime to ensure that a high standard of welfare was secured for any travelling circuses still using wild animals while parliamentary time was found to enact a ban. The regulations were recently reviewed and found to have been successful in safeguarding the welfare of the animals. In their review of the regulations, the Government confirmed that they would not be renewed.

The regulations are due to expire on 20 January 2020, which is why it is critical that we now deliver the commitment in my party’s manifesto. The Bill is essentially a tidying-up exercise following the long-term planning on the part of the Government to prohibit the use of wild animals in travelling circuses.

Clause 1 makes it an offence for a circus operator to use a wild animal in a travelling circus in England. The offence applies only to the operator of a travelling circus; that is, the person with overall responsibility for it. The “use” of a wild animal is defined as both performance and exhibition as part of the circus. This should cover those circumstances where wild animals are put on display by the circus, usually just adjacent to the big top, as well as where the animal performs in the ring.

The penalty for a circus operator found guilty of using a wild animal in a travelling circus is an unlimited fine. Where any evidence is found of a wild animal being mistreated, the Animal Welfare Act 2006 will of course apply, as is currently the case. The Act provides powers to seize animals should there be welfare grounds to do so.

Subsection (5) contains definitions for some of the terms used in Clause 1. “Wild animal” is defined as,

“an animal of a kind which is not commonly domesticated in Great Britain”.

This is based on the definitions used in the Zoo Licensing Act 1981 and the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012. The guidance to the Zoo Licensing Act 1981 sets out clearly which animals should be regarded as wild or domesticated, and we intend to take a similar approach in guidance.

To clarify, a wild animal is still “wild” if it has been born in captivity. While most of the wild animals currently in English circuses were bred in captivity, usually from several generations of circus animals, they are still wild animals. Although the animals will have been tamed and trained to respond to humans, this does not mean that they have become domesticated. Domestication refers to a genetic selection process that occurs over multiple generations, often over hundreds if not thousands of years, effecting changes in traits across a population of animals. Individual or groups of “tame” wild circus animals are still wild animals for the purposes of the Bill.

The Bill does not include a definition of “travelling circus”. The Government’s view is that it is better for the term to take its common meaning and that prescribing a definition of “circus” is problematic on two counts: either it would be defined too broadly and thus reach further than intended, capturing other activities involving animals that move from place to place, or it would allow circuses to avoid the legislation by avoiding any features that captured them in the definition.

Clause 2 provides for the powers of inspection in the schedule to the Bill. Inspectors under the Bill would be appointed on a case-by-case basis by the Animal and Plant Health Agency, drawing on our existing list of approximately 50 zoo licensing inspectors. Given the expertise of these inspectors and their experience in working with captive wild animals, we can draw from this existing list of inspectors if there is ever a need to gather evidence to prove the offence in the Bill. If it were necessary for a police constable to be present during an inspection, the powers in the Bill allow for two people to accompany the inspector and use the powers of search and entry under the inspector’s supervision.

Clause 3 makes a minor amendment to the Dangerous Wild Animals Act 1976. The 1976 Act requires persons who wish to keep dangerous wild animals as listed in the Act to be licensed; however, the Act currently exempts any dangerous wild animal kept in a circus from that requirement. This amendment would remove that exemption and mean that any dangerous wild animal, as listed in that Act, kept by a circus would need to be licensed by the circus’s local authority, with an annual inspection. For example, the zebras and camels would need a licence under that Act. The Scottish Government, who have already introduced a ban on the use of wild animals in travelling circuses in Scotland, have asked to extend our amendment to the 1976 Act to Scotland.

Clause 4 provides that the Act comes into force on 20 January 2020, the day after the interim circus licensing regulations expire. I confirm that we will be producing guidance in good time for 20 January, which will clarify the terms used and the enforcement powers, and will give more detail to aid understanding of the content of the Act.

The Wild Animals in Circuses (No. 2) Bill has come at a time when we increasingly appreciate that the use of wild animals in circuses does nothing to advance either our understanding of animal behaviour or the conservation of wild animals. I believe that people wish to perceive wild animals in their natural state, expressing all the natural attributes of being wild, not performing tricks in the circus ring for our amusement. The promise of this legislation was contained in my party’s 2015 manifesto and I know that there is strong support for the Bill across the parties. The timing of the Bill is critical, with the sunset clause on the regulations approaching. It is time to make progress on this legislation and I beg to move.

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Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, this has been an extremely thought-provoking debate from the outset. This is a measure which is designed, at this stage, to manage 19 wild animals, but we have gone into a wider debate as well. It is very important from the Government’s point of view to acknowledge the contributions from the noble Baronesses, Lady Mallalieu and Lady Bakewell, the noble Lord, Lord Trees, and my noble friend Lady Byford, with all her farming experience.

There was concern about whether this could in any way be considered the first phase or step towards addressing what were described by the noble Baroness, Lady Bakewell, as “legitimate” activities. As she said that, I thought about “One Man and His Dog”, falconry displays and, as a farmer, the grand parades at county shows, as well as the respect, love and responsibility we have for our animals. As a country person, the distinction I place is that this measure relates to the use of wild animals in travelling circuses. I want to place it on record that I utterly reject the extreme actions of those who believe that intimidation is how to get their way. I am absolutely certain that all noble Lords who spoke in this debate would not for one minute think that intimidation was the right way forward.

We have thought of this as being the right way forward over time. Indeed, it was in my party’s manifesto and I rather think it was in the Labour and Liberal Democrat manifestos. We have reached a time when we have an expression or a feeling that the use of wild animals in travelling circuses for our entertainment is not appropriate for those animals. I have no doubt about what the two circus operators have said, on record, about their regard and love for those animals. As I said, the animals were found to have been well cared for in welfare inspections.

This is about whether we should be thinking much more about wild animals having what I would describe as their natural behaviour and expression. I support this Bill for those reasons. I agree with my noble friend Lady Byford that this is about seeing wild animals in their proper environments. I put on record, in response to the noble Baroness, Lady Mallalieu, that we do not see this Bill as having unintended consequences. This is a measure that we thought should be introduced. We have thought that for some while; indeed, my noble friend Lady Byford referred to her endeavours in the 2006 parliamentary skirmishes. I should say to my noble friend Lady Anelay that this measure relates to England. The Welsh Government are bringing forward their own proposals and the Scottish Government have already gone forward.

The noble Baronesses, Lady Mallalieu and Lady Jones of Whitchurch, referred to the tigers and elephants of yesteryear. Indeed, there are circuses on the continent that still use these types of animals. The point is that without this legislation they could be reintroduced even under the current licensing regime. The Bill does not just stop the use of the 19 wild animals in question, it prevents others being added in the future—that is the point I should make.

The noble Baroness, Lady Mallalieu, asked why the use of wild animals in travelling circuses is to be banned. Again, I ask whether these performances add anything to our understanding of conservation of wild animals. I go back to their natural behaviour. I think that wild animals in circuses, whether they are trained well or not, are trained for our entertainment and amusement. I am interested in what the noble Lord, Lord Trees, said about this and I am conscious of his veterinary expertise and the points made about the BVA, but that is my distinction.

A number of points were made about other legislation in the pipeline and the desire for it. I say to the noble Baronesses, Lady Jones of Whitchurch and Lady Mallalieu, that I am fully seized of our commitment to increase sentences. This is something we wish to attend to and to introduce as soon as possible. I will say, because many of us are engaged, that Finn’s law, which has achieved Royal Assent, has very much strengthened the protection of animals. We are going to have a statutory instrument next week. In truth, we can have a bit of a political knockabout, but the noble Lord, Lord Trees, is right: actually, this Government have brought forward many modernising measures to ensure that animals are better cared for. On the point of sentience raised by the noble Baroness, Lady Jones of Moulsecoomb, we have been clear that we will introduce our animal sentience proposals after we leave the EU.

The fate of the 19 was raised by the noble Baroness, Lady Mallalieu. She used the term “get rid of them”. Actually, that is absolutely not what I understand from the operators of both circuses, who have placed it on record that the animals would either be rehomed, retired to their winter quarters or used in other work—for instance, there is television and film work. That will certainly not be banned by this legislation, which is about the use of wild animals in travelling circuses. It is right to acknowledge, as I do, that circus operators have placed on record their care for these animals: they have even referred to them as part of the family. So their future has been assured and that is important, because some are quite young. I was looking at the ages at some of the animals. Given the length of their captivity, some of them have a very long lifespan left.

I disagree, if I have it right, with the point made by the noble Baroness, Lady Jones of Moulsecoomb, on the use of animals such as dogs and horses in circuses and racing, provided that it is respectful and that animal welfare measures are there. We have, as the noble Baroness, Lady Jones of Whitchurch, said, some of the most impressive animal welfare legislation in the world. If there is no use for animals, they will no longer be bred. As we have unfortunately a much more mechanised world, many of the animals that we used for very heavy-duty work are no longer required—and thank goodness. We need to be thinking about the manner in which we use and respect them.

On the definition of “wild”, I would say to my noble friend Lady Fookes and the noble Baroness, Lady Mallalieu, that we have sought to use an approach that is consistent with other legislation and the definition of the Zoo Licensing Act 1981, as I said in my opening remarks. It is important to be consistent. The noble Lord, Lord Trees, and other noble Lords asked about the definition of “travelling circuses”. We have given this a lot of thought; indeed, the Scottish Government have also chosen not to define “circus” in their Act. We think that prescribing a definition of “circus” would open up the possible risk of future circus operators seeking to avoid prohibition.

Indeed, a contrary but wider view is that we also do not wish to prohibit wider ranges of activity than are strictly intended by the travelling circus. So the common-sense approach is to draw up clear guidance. The noble Baronesses, Lady Jones of Whitchurch and Lady Bakewell, quite rightly said from the Opposition Benches, “Come on, we want a timescale on this”. I can confirm that we will publish guidance to the Bill by 20 November, two months before the ban comes into effect. We are working on that and it is obviously important. My noble friend Lady Fookes, who is experienced in this, raised the point about guidance; as in Scotland, we do not intend the guidance to be statutory, but it must and will provide clarity on the terms used in the Bill and aid enforcement. Obviously, as with all these things, ultimately this will be determined by the courts—but the common-sense approach of our guidance will help.

My noble friend Lady Anelay also raised the question of Northern Ireland. As we all know, this is a devolved matter, and in the absence of a Government in Northern Ireland Defra officials spoke to officials in the Northern Ireland Administration. Those officials believed that,

“practical, administrative and policy considerations”,

meant that they did not feel that they wanted to participate in the Bill. However, I should say that at this time there are no travelling circuses touring Northern Ireland with wild animals, and the Republic of Ireland banned travelling circuses with wild animals last year. So officials felt that these considerations should wait until Ministers were back in place in Northern Ireland—and, of course, we all very much want the return of devolved arrangements in Northern Ireland.

My noble friend Lady Anelay also queried in a sense whether the two licensed travelling circuses could move to Northern Ireland. For these few months it is obviously a possible suggestion. That said, neither has travelled to Northern Ireland; that may well be to do with the costs involved and the distance from their winter quarters. Of course, animal welfare legislation in Northern Ireland would cover the welfare of any wild mammals there until such time as the Administration took a decision on whether to ban the use of wild animals in circuses. However, we have devolution and must respect that settlement, although the message is clear; the Republic has banned them, Wales is about to and Scotland already has. This is our legislative measure.

There are a number of other points. My noble friend Lady Anelay asked about seizure. The powers of seizure in the Bill are reserved for those powers necessary to prove the offence. We would never need to seize a wild animal to prove the offence, so we think that such a power would be disproportionate. If it were necessary to seize an animal in distress, Sections 18 and 19 of the Animal Welfare Act 2006 already provide the appropriate powers. Indeed, Section 4 of the Dangerous Wild Animals Act 1976 would also allow an unlicensed dangerous animal, as listed in that legislation, to be seized.

My noble friend Lady Anelay and the noble Baroness, Lady Bakewell, referred to international matters. I wish to record that my noble friend did so much during her term at the Foreign and Commonwealth Office to protect the planet’s most iconic species. Last year we hosted the largest ever illegal wildlife trade conference, bring together more than 70 countries. We are spending £26 million to protect and support wildlife across the globe.

The noble Baroness, Lady Bakewell, asked about enforcement powers. Interestingly, it is a small Bill with a big schedule on enforcement. The Bill provides inspectors with powers to search for and gather evidence of an offence. Defra has approximately 50 inspectors appointed for zoo inspections, as I said. Several of them inspect the two circuses currently licensed by Defra to use wild animals. All inspectors are either qualified veterinarians or have extensive experience of working with captive animals. They will be experienced in identifying and, if need be, handling species of wild animal. We can draw on the existing list of inspectors if there is ever any need to gather evidence to prove the offence in the Bill. The offence will apply only to the operator of the circus—that is, the person with overall responsibility for the circus.

On the question of police constables, again, if an animal is in distress, the Animal Welfare Act already provides powers for the police to respond quickly. The schedule provides powers to search for evidence of the offence contained in Clause 1. This includes taking up to two persons with them on an inspection. Of course, one or both of those persons could be a police constable. Enforcement of Bills such as this often requires a specialism in wild animals—but, as I said, there is every opportunity, if need be, for a police constable to be part of that.

The noble Baroness, Lady Jones of Whitchurch, queried what might happen in these last months. Again, we believe that it is very unlikely that such tours could happen. I shall expand a bit on why. Travelling circuses tour during the summer months and typically return to their winter quarters at the end of October each year. Acquiring new animals and training them to perform a specific routine, which takes time, would normally occur at the winter quarters. It is therefore very unlikely that circuses would change their routine and add new animals to their performances mid-term and mid-tour. Given that a ban will be in place before the next touring season, it would make very little economic sense for circus owners to invest in new animals, enclosures and equipment now. Indeed, if they were to do so, there would have been nothing to stop them doing so before this touring season commenced.

The Government made clear when they published the review of interim licensing regulations that no more licences would be issued after January 2020. I assure the noble Baroness and your Lordships that, since the Bill was introduced on 1 May, we have had no queries from circuses about introducing further wild animals before the end of this touring season.

This debate has been thought provoking. In many cases it has gone beyond what might happen to the 19 animals. It has included issues about the use of animals both wild and domesticated. I again say emphatically that the Government’s intent in this legislation is not to embark on further approaches to what we have all said on record are legitimate activities that respect animals. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Wild Animals in Circuses (No. 2) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee: 1st sitting (Hansard): House of Lords
Wednesday 3rd July 2019

(4 years, 9 months ago)

Grand Committee
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: HL Bill 180-I Marshalled list for Grand Committee (PDF) - (2 Jul 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
- Hansard - - - Excerpts

My Lords, as other noble Lords said, it is a shame that the noble Lords concerned were not there at Second Reading, where Members from different Benches raised a number of these issues. I must say, we were very satisfied with the Minister’s answer. We were persuaded that the definition of “circus” would be better dealt with in guidance, and were pleased at his assurance that the guidance will be available before the Bill comes into effect so that circus owners’ responsibilities are absolutely clear in advance. That precisely addressed the issue raised by several noble Lords this afternoon: that if we broaden the definition too much, it includes falconry and county shows, but if we make it too narrow, it imposes a burden on circus owners when managing their circuses. We were persuaded that the definition that has been spelled out here would not be helpful to circus owners in the longer term, so we agreed on this way forward.

The noble Lord mentioned wild animals, which we will come on to when we consider the other amendments. The Bill’s purpose is to deal with wild, not domesticated, animals; we should recognise the difference. On that basis, and with the assurance that I hope the Minister can give us once again, I hope that we can move forward.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
- Hansard - - - Excerpts

My Lords, my noble friend’s amendment seeks to introduce a definition of “travelling circus” into the Bill. As has been said, these matters were discussed at Second Reading. My remarks may therefore repeat what I have already said to your Lordships.

We chose not to provide a definition of “circus” in the Bill because we believe that it is better to use its common meaning. We believe that the same principle applies to “travelling circus”. Let me expand on that. We do not believe that a definition is necessary. “Travelling circus” is a commonly used and well-understood term; we do not think that enforcers or the courts will have problems spotting one. In fact, my noble friend Lady Anelay went to the heart of the matter. I think that my noble friend Lord Mancroft may not have envisaged the problem with providing a definition: that it could result in a definition that is too wide and takes in other activities that we do not wish to see banned. Alternatively, it could be drawn too narrowly and provide operators with parameters by which to circumnavigate the ban. A common-understanding approach means that it will always be relevant.

Also, in its pre-legislative scrutiny of the Bill, the EFRA Committee agreed that we do not need to define “circus”. To assist in clarifying what the legislation will cover, we will draw up guidance; the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, and my noble friend Lady Anelay referred to this. The Scottish Government, who also chose not to define “circus” in their Act, have taken this approach, and we will take a similar one. I can confirm that we will publish guidance to the Bill by 20 November, two months before the ban comes into effect, as I said at Second Reading.

--- Later in debate ---
Baroness Anelay of St Johns Portrait Baroness Anelay of St Johns
- Hansard - - - Excerpts

My Lords, may I apologise to the noble Baroness, Lady Parminter, who I have misnamed? It is obviously the shock of agreeing with a Liberal Democrat on the record twice in an afternoon. I apologise to her.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

My Lords, it is wonderful to be able to thank the noble and learned Lord, Lord Judge, for his very kind remarks. I cannot promise it will be the beginning of a new order, but it is rather good to celebrate those moments. I say to my noble friend Lord Swinfen that this legislation is to make provision to prohibit use of wild animals in travelling circuses. I do not see a connection with my noble friend’s mother’s kindness in looking after an orphaned bird. I do not think we can extrapolate that from this legislation, which is specifically about travelling circuses. I imagine that my noble friend’s mother did not have a travelling circus.

Returning to my noble friend Lord Mancroft’s amendments to alter the meaning of “wild animal” proposed in the Bill, rather than an animal that,

“is not commonly domesticated in Great Britain”,

the Bill would only prohibit the use of animals, including birds, which had been living wild before being used in a travelling circus. The term “wild animal” is already well established in English legislation and the Government are content that it will cover those wild animals that we believe should no longer be used in a travelling circus.

The noble Baroness, Lady Parminter, and my noble friend Lady Anelay were right in saying that the definition of “wild animal” used in the Bill is based on the definitions in the Zoo Licensing Act 1981, which has served us well, and the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012. Both pieces of legislation require wild animals to be licensed. I should also say that zebras and camels will be subject to an annual licensing inspection under the Dangerous Wild Animals Act 1976. It is worth reminding the Committee that thinking these animals, wherever they have been bred, are somehow like domesticated pets is erroneous.

Consistency between the Bill and the circus licensing regulations is particularly important. We have been clear that the licensing regulations were an interim measure to monitor the welfare of wild animals in travelling circuses while a Bill prohibiting their use was introduced. I think the noble Baroness, Lady Jones of Moulsecoomb, might have said “about time”, but we are now attending to the matter. The licensing regulations are due to expire on 19 January 2020. It is therefore vital that the prohibition in the Bill is enacted by then to ensure those same animals that currently require a licence from Defra can no longer be used in travelling circuses.

These amendments would mean that only animals that had been living in the wild could no longer be used in travelling circuses. Of the 19 wild animals currently under licence to be used in travelling circuses, only one has ever lived in the wild—the fox, which was rescued as a cub. These amendments would therefore allow the other 18 wild animals to continue to be used in travelling circuses, following the expiration of Defra’s current licensing regime, meaning that the monitoring of their welfare alone would be significantly reduced.

Further, these amendments could well see many other wild animals reintroduced into travelling circuses. The majority of wild animals used in circuses around the world are not born in the wild. Many have been bred by circuses themselves over many generations. Training a wild animal needs to begin early in that animal’s life.

These amendments could—again, I do not think that this is my noble friend’s intention—see tigers, lions and elephants return to English circuses, without needing a licence from Defra. We cannot accept that. They would also ensure that animal species we regard as domesticated could be caught by the prohibition. I am not being facetious but I will use a stray dog as an example; where one had been living wild, it would be caught by the definition of “wild animal” in these amendments. It is not the Government’s intention to prohibit the use of dogs in travelling circuses.

It may be helpful if I use this opportunity to clarify what is understood by the term “wild” or “non-domesticated” animal. Even wild animals that have been bred and reared in captivity are still wild animals. When providing evidence to the Scottish Parliament during the passage of the Scottish wild animals in circuses Bill, Dr Dorothy McKeegan, a senior lecturer in animal welfare and ethics at the University of Glasgow, was clear that wild animals in circuses are still wild animals. She said:

“The domestication of animals is not just about captive breeding and sometimes hand rearing but about the behavioural and genetic modification of the animal away from its wild progenitor. That is not going to happen with rearing generation after generation of animals in captivity. These are still wild animals”.


Again, my noble friend Lady Anelay went to the heart of that.

I hope this makes it clear that even when wild animals, including birds, are bred in captivity over several generations they should still be considered “wild”. On that basis, I am not in a position to accept my noble friend’s amendments and I very much hope that he will not press them.

Lord Mancroft Portrait Lord Mancroft
- Hansard - - - Excerpts

My Lords, I have listened carefully to what my noble friend has had to say. The idea that the world outside is waiting for the Bill to fail so that it can reintroduce lions, tigers and elephants to travelling circuses is stretching things a little far. It is perfectly clear that whatever the Committee does today, the world of travelling circuses is fading away at its own rate and will be encouraged to fade a bit faster with the Bill.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

For the sake of the record, I understand that among the considerable number of travelling circuses there are only two which use wild animals. This is not the end of travelling circuses and it is important that I should clarify that, so that no other circus operator should see this as an attack on them and their use of other animals, beyond wild animals.

Lord Mancroft Portrait Lord Mancroft
- Hansard - - - Excerpts

I hear what my noble friend says and would not contradict him for a moment. He knows much more about this than me but I suspect that what has happened with wild animals today will undoubtedly move on to domestic animals in future, because that is the way the world is moving. I suspect, too, that my noble friend Lord Swinfen’s jackdaw can presume that it will not have a circus career when it gets old—it is probably past it by now anyway.

One noble Lord, I forget who, talked about the welfare issues. My noble friend made it perfectly clear at Second Reading was that there were no welfare issues with the 19 wild animals mentioned. Of course, if we take away the fox there are not 19 wild animals but 18 because one of them has not become wild over generations; it is in fact a domestic animal. Zebus are domesticated animals everywhere in the world. I do not know whether they are commonly domesticated in Britain. I suspect that it is a lonely and sole zebu; nevertheless, it is a domestic animal and not a wild animal.

My father used to say that one thing you should always do is to sniff the mood of the House. My sniffing today tells me that my arguments have not attracted overwhelming support in your Lordships’ Committee, so it is probably time that I beg leave to withdraw my amendment.

Wild Animals in Circuses (No. 2) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Report stage (Hansard): House of Lords
Wednesday 17th July 2019

(4 years, 9 months ago)

Lords Chamber
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: HL Bill 180-R-I Amendment for Report (PDF) - (15 Jul 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
- Hansard - - - Excerpts

My Lords, I have great respect for the positions of the noble Baroness, Lady Fookes, and the noble Lord, Lord Trees, and I agree that decision-making in this House should be based on sound evidence. That is always how we operate.

The issue of guidance was raised at Second Reading and debated again in Committee. It is important that we have detailed guidance to support the core objectives of this Bill, which has widespread support. At Second Reading, we were pleased that the Minister placed on record that the guidance will be published by 20 November, two months before the Bill comes into effect. We were also persuaded that the common-sense approach to spelling out the details of many of the issues that noble Lords were raising—such as the definition of “travelling circus”—would be to include them in the guidance, rather than on face of the Bill.

Let me make our position clear. Our priority is to finish all stages of this Bill before the coming recess, so that it can be put on the statute book. It is a good Bill, which delivers on my party’s long-standing commitment to ban wild animals in circuses. Any amendments passed today would jeopardise it. I therefore urge the noble Baroness, Lady Fookes, to consider that and to withdraw her amendment.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
- Hansard - - - Excerpts

My Lords, this new clause would require the Secretary of State to produce guidance on the provisions of the Act by no later than 20 November 2019. It would also require guidance to be approved by resolution of both Houses, including if and when guidance is revised. I say particularly to my noble friend Lady Fookes and to the noble Lord, Lord Trees, that I have already stated on the official record during debates on this Bill at Second Reading and in Committee that the Government will be producing guidance. As the noble Baroness, Lady Jones of Whitchurch, has said, that guidance will be issued by 20 November 2019, two months before the commencement of the Act.

As I confirmed at Second Reading, we do not consider it appropriate for the guidance to be statutory. The aim of the guidance is not to set out additional requirements or obligations but to provide clarity on the Government’s interpretation of certain terms used in the Bill and the approach that will be taken to enforcement. If a challenge is brought, ultimately it will be for the courts to interpret the Act. This is the position taken by the Scottish Government, who have produced well-considered non-statutory guidance to accompany their Wild Animals in Travelling Circuses (Scotland) Act 2018, which is a good example of the type of guidance Defra will be looking to produce.

The Government’s commitment to issue guidance is on the record; I put it on the record again. I should also add that the Government have committed, during debates on the Bill in the other place, to consult with welfare groups, the police and other stakeholders on the guidance. Defra officials have already begun the process of drafting the guidance. If my noble friend Lady Fookes, the noble Lord, Lord Trees, or indeed any other noble Lords wish to see the guidance in draft before it is issued, I would of course be pleased to share it with them.

There is also a timing and practical point, which a number of your Lordships have already raised, with regards to my noble friend’s amendment. I recognise that my noble friend is speaking to the principle of having statutory guidance, but I have made it very clear as to the work that we will undertake on the contents of the guidance and the timings for publication. I am concerned that my noble friend’s amendment does not allow sufficient time for both Houses to consider the guidance between the Bill gaining Royal Assent and the deadline for the guidance to be published on 20 November.

As I have said, it will, and it should, be for the courts to provide the ultimate interpretation of this Act. The guidance that we will produce will aid circuses and enforcers in understanding the requirements of the Act by providing an explanation of some of the key terms used. This is a particular point that the noble Lord, Lord Trees, is getting at—I understand it. The Government have no further intention beyond this measure in terms of wild animals in circuses and travelling circuses. The guidance will set out examples of the types of activities that the Government consider would and would not constitute a “travelling circus”. So, for example, the guidance will make clear that we do not consider that the Bill affects activities such as travelling bird of prey displays, festive reindeer displays, educational visits to schools involving small zoo animals or wild animals used in television or film work, for example.

The guidance will give examples of what the Government intend to be meant and not meant by performance and exhibition, as used in the Bill. So, for example, “exhibition” would include positioning a wild animal in a manner calculated to promote the circus, whether or not a payment is required, whereas a wild animal spotted in a field by a passing member of the public grazing unadorned—where that viewing is not being encouraged by the circus—would not count as being “exhibited”.

My noble friend Lady Fookes also spoke at Second Reading about the definition of “wild animal”. The guidance will provide examples of animals considered not to be commonly domesticated in Great Britain from the definition of “wild animal”. The guide to the provisions of the Zoo Licensing Act 1981 provides advice on what animals may fall into either the normally domesticated or not normally domesticated categories, and we plan to draw from that approach. So, for example, the guidance will explain that cats, dogs and horses would not be deemed “wild animals” under the Bill, but tigers, wolves and zebras would be.

That brings me to the final reason as to why we do not believe this amendment is necessary or desirable. The purpose of our guidance will be to aid interpretation and provide clarity on the approach that the Government will take in relation to enforcement; it will go no further. It will not introduce any additional requirements or obligations with which circus operators would have to comply. Accordingly, it will be quite different from the type of guidance which would usually be statutory, such as the codes of practice that Defra issues under the Animal Welfare Act 2006. These codes of practice set out what animal owners should do to meet the welfare needs of their animals, as required under that Act. They can be used in courts as evidence in cases brought before them relating to poor welfare of animals, and as such are rightly subject to parliamentary scrutiny. The Defra guidance on this Bill will merely explain in more detail the Government’s view of how the Bill will work in practice.

The Government feel that, given the circumstances, and the fact that the guidance will explain only what is already covered by the Bill, non-statutory guidance is not only desirable but appropriate. As I have said—I think the noble Baroness, Lady Parminter, was seeking this confirmation—the guidance will be considered with welfare groups, the police, stakeholders and, in particular, circuses, and will be published no later than 20 November this year.

As I have said, if any noble Lords would like to see a draft copy of the guidance, given that officials are aiming to have a first draft ready for wider circulation by the time the House returns in September, then I would be very pleased to hear from them. I will ensure that there is an opportunity to comment on the draft.

I understand the intention of my noble friend’s amendment, but we should now be making speedy process on this legislation. I very much hope that, with the reassurances I have given today to my noble friend and the noble Lord, Lord Trees, she will feel in a position to withdraw her amendment.

Baroness Fookes Portrait Baroness Fookes
- Hansard - - - Excerpts

My Lords, as I explained at the outset, this was a point of principle about always challenging Governments when they introduce legislation to ensure that they do not go beyond the bounds of what I would call propriety—just taking off into the sunset with whatever they fancied. I am entirely with the noble Baroness: I have no wish to see this Bill deferred or put at danger in any way whatever, but I felt it important to put the point of view that I have expressed on the record.

My noble friend the Minister has also done a very good job in reassuring me. He has been kind enough to make a number of detailed points. As for inviting anybody who would like to see the draft guidance to do so, I shall take him up on that at once. Please will he let me know when it is available? That may well be the case for other Members of the House, though I dare not speak for them.

I am grateful to my noble friend for the care he has taken in putting the case for the Government and, in those circumstances, I beg leave to withdraw the amendment.

Wild Animals in Circuses (No. 2) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading (Hansard): House of Lords
Tuesday 23rd July 2019

(4 years, 9 months ago)

Lords Chamber
Wild Animals in Circuses Act 2019 Read Hansard Text Amendment Paper: HL Bill 180-R-I Amendment for Report (PDF) - (15 Jul 2019)

This text is a record of ministerial contributions to a debate held as part of the Wild Animals in Circuses Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
- Hansard - - - Excerpts

That the Bill do now pass.

Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
- Hansard - - - Excerpts

My Lords, in moving that the Bill do now pass I wish to express my gratitude to all noble Lords for their interest in the Bill and for their thoughtful—and sometimes challenging—contributions. I am grateful for the positive engagement and support from the noble Baronesses, Lady Jones of Whitchurch, Lady Bakewell of Hardington Mandeville, Lady Parminter and Lady Jones of Moulsecoomb on the Opposition Benches.

This Bill was a manifesto commitment of my party. While support from across the House has been notable, I have been struck by the level of scrutiny which your Lordships have devoted to the Bill—and rightly so. I also place on record my appreciation of Defra officials and all those who have assisted this Bill to, I hope, its successful conclusion.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
- Hansard - - - Excerpts

My Lords, I thank the Minister and his civil servants for the considerable support and help they have given us during the conduct of this Bill. Indeed, the Minister showed considerable patience and skill in addressing our concerns and steering the Bill through to what we all felt was a speedy conclusion. Banning wild animals in circuses has been a policy of our party for some time, and I am very pleased that we were able to play a part in guiding the Bill towards the statute book before the Recess. So I very much echo the thanks of the Minister and will just add that, whatever happens in the coming days, I hope that he will be in his place in the autumn. From our side, we certainly feel that he deserves it.