The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
I congratulate my hon. Friend the Member for South Dorset (Richard Drax) on securing this debate on the welfare of primates. He has championed this issue for several years, and Monkey World is located in his constituency. The issue has been the subject of a number of private Members’ Bills over the years, most recently the one promoted by my hon. Friend the Member for South East Cornwall (Mrs Murray). I recall meeting my hon. Friend the Member for South Dorset and his constituent, Dr Alison Cronin, the director of Monkey World, last June to discuss this very topic. I was pleased to have the opportunity to visit Wild Futures in Cornwall; staff there have similar concerns and have also raised this issue with me.
I wish to begin by discussing primates’ welfare needs. I listened to the examples my hon. Friend gave of primates being kept in inadequate conditions, and of the medical conditions that they can develop as a result of that treatment. This is obviously completely unacceptable, and it is also unacceptable in law: under the existing law, the Animal Welfare Act 2006, anyone who keeps an animal must ensure that its welfare needs are provided. That is in addition to not causing it any unnecessary suffering—one of the key developments or evolutions in the 2006 Act, compared with the legislation that had gone before it. This applies to anyone keeping a mouse, a dog or a primate. Failure to provide for an animal’s welfare is a breach of the Animal Welfare Act 2006.
The Government understand that primates have special requirements, and that is demonstrated in the statutory code of practice for the welfare of privately kept non-human primates to which my hon. Friend referred. This states:
“Primates should not be considered as pets in the accepted sense of the word. They are not a species that can be treated as part of the family in the way that a cat or dog might be.”
In addition, in section 1.1, the code goes on to state:
“All gregariously social primate species should display social affiliative behaviours, including physical behaviours and vocal and visual displays appropriate to the species. These include, but are not limited to, social grooming, food sharing, communal resting and interactive play as appropriate to the species. Primates should be housed in stable groups of sufficient size and composition to allow the full expression of these behaviours.”
It goes on to state:
“Social interaction with companions of the same species not only provides essential stimulation and learning opportunities, but it also provides a source of comfort, reassurance and enjoyment. Removing a primate from its family or social group may have adverse psychological, emotional and physical welfare implications”.
Section 2 of the code goes on to describe in some depth the environment in which primates should be kept. It states:
“In planning a suitable environment, keepers should provide…A suitable location…An appropriate amount of space…An appropriate enclosure with sufficient three-dimensional content, including climbing structures to facilitate species-specific behaviour…The correct temperature, humidity, ventilation, noise levels and lighting…Appropriate feeding and sleeping sites…A means of, and location for, visual welfare assessment…A method of safe capture, handling and isolation of the animals…Security to prevent animal escape and unwanted entry by unauthorised people.”
It states that enclosure design and materials used should also ensure:
“A good hygiene regime to avoid disease transmission…A safe environment for the animals…A good regime of environmental enrichment…A wide range of appropriate behaviours.”
Anyone keeping a primate in solitary conditions or in a small cage or feeding it an inappropriate diet would already be breaking the law and could face up to six months’ imprisonment. That is a fundamental point of the Animal Welfare Act and one reason why animal welfare and veterinary organisations widely regard the Act as being such a success.
Primates are long-lived, intelligent, and socially complex animals. They engage in imaginative problem-solving, form intricate social relationships, and display complex patterns of behaviour. Being social is a striking feature of primates, and perhaps the most important in terms of meeting their needs. With few exceptions, they live in complex societies that can comprise tens of individual animals. In relation to their total life history, primates have long infant and juvenile phases, with social independence occurring long after nutritional weaning. This period is crucial for learning about the physical and social environment, parenting, survival, and reproduction. All primate species are long-lived, and need to be managed in old age.
Richard Drax
I am listening very intently to my hon. Friend. Is he saying that the law is already sufficient to deal with this problem? If that is the case, why are more and more monkeys being kept in these conditions, and why is Dr Cronin having to rescue more and more of them as the years go by?
George Eustice
I was going to come on to deal with that point. There is an issue here around educating people about this code, raising the prominence of the code and ensuring that local authorities understand what is required to be enforced. I was going to touch on that later.
It is important for anyone thinking of buying an animal to understand what is involved and the associated costs of looking after that animal. In the case of a primate, it is even more important because very few people in the country possess the necessary skills to look after such animals.
I want to turn to the point about irresponsible owners. DEFRA receives many representations from people and organisations about problems associated with the welfare of animals—exotic or domesticated. Most of those problems can be traced back to a common denominator, which is irresponsible ownership. Some animals can also be dangerous to people and to our native wildlife if not kept or controlled appropriately. They can also carry diseases transmissible to humans.
Let me turn now to the key issue of advertising. My hon. Friend mentioned the way that primates are often advertised for sale online. The Pet Advertising Advisory Group, which is a collection of welfare and veterinary organisations, has managed to set minimum standards for six online advertising providers, which are: The Hut Group; FridayAds; Epupz; Pets4Homes; Gumtree; and Vivastreet. The standards of all those subscribing to the code, which include the largest classified sites dealing with pet sales, include a complete ban on the advertising of primates. This is an encouraging development and we would like to see other online providers adopt PAAG’s minimum standards.
I met my hon. Friend and others to discuss laws around this issue of keeping primates. Although my noble friend Lord Gardiner has taken responsibility for this issue since last July, I can tell my hon. Friend that, as the Minister for companion animals and animal welfare, one thing that I was keen to deliver was a review of animal licensing establishments. In February, DEFRA published its Next Steps document, which sets out how we will change the law in relation to licensed animal establishments. I believe that that will add additional barriers and safeguards when it comes to the sale of primates.
As regards the selling of pet animals, vendors will have to provide information to any prospective buyer, and that applies to traditional pet shops or sales online. That will do a great deal as it will require in law that the existing code is publicised and given to any prospective buyer. In addition, vendors will also have to comply with statutory conditions setting minimum welfare standards in line with the Animal Welfare Act 2006. This is an extra layer of protection for all animals being sold from licensed premises. It also creates further barriers to any trade in primates as it raises the prominence of that code. It means that nobody would be able to sell a primate unless they had been licensed by a local authority, and a local authority would not be able to license any such seller unless that seller complied fully with the code.
It is important to note that, in the case of granting licences, a local authority is able to list the types of species that can be sold and indeed to preclude people from selling certain species. It is therefore possible, and indeed highly likely, that local authorities will take an incredibly tough line on anybody selling primates. The likelihood is that it would only be a tiny number of specialist skilled collectors who understand what they are doing who would be licensed to do such a thing.
I concede that there is more work to do to raise the quality of inspections and the consistency of enforcement, so we will also improve the quality of local authority inspections by providing officers with guidance and, wherever necessary, additional expertise, so that we can strengthen the consistency of enforcement.
My hon. Friend mentioned the Dangerous Wild Animals Act 1976. The species covered by the Act were last reviewed between 2005 and 2006, with the schedule of animals considered to be dangerous being amended in 2007. Certain animals, including a number of species of smaller primates, such as marmosets, were removed from the schedule, as they were considered to be no more dangerous than domestic cats or dogs. At the time of the review, there were no records of serious incidents involving the primates removed from the list. It is important to recognise that the Act does what it says on the tin and regulates the control and keeping of animals deemed to be wild and dangerous. It is not in itself about animal welfare.
I want finally to deal with the Zoo Licensing Act 1981, and I commend my hon. Friend’s constituent, Dr Cronin, for her proportionate approach in coming up with a pragmatic, middle-way solution that goes beyond outright bans to strengthening the licensing. As I have said, I believe that the small changes that we have made to the profile of the primates code within the law through the Pet Animals Act 1951 and other legislation go a long way to strengthening the prominence of that code. The Zoo Licensing Act sets standards for zoos and requires all zoos to have a licence, although there are exemptions from some or all of the provisions of the Act for small collections in specific circumstances. The standards required go much wider than requiring minimum welfare standards for the animals. For example, the standards also set out how zoos should meet conservation and education requirements, and also how public safety should be secured. Clearly for individual owners or other keepers of primates these requirements might not be appropriate. We would therefore not expect to apply the standards to individual owners in full.
We consider that the standards set out in the primate code of practice provide primates with the same level of welfare protection as those in zoos. In both cases, the Animal Welfare Act 2006 applies and we would expect it to be used in cases of cruelty or poor welfare.
In conclusion, there is considerable debate about how many primates are kept in private ownership in this country. There are some estimates that it could be under 1,000, and the Select Committee on Environment, Food and Rural Affairs has raised sceptical concerns about some of the figures that are bandied around. As my hon. Friend pointed out, estimates tend to range between 1,200 and 5,000, but the really important thing is not so much the numbers but the standard of welfare. That is the overriding factor. As I say, there are already laws in this area and we are looking to update and improve them where necessary and when we can. We should continue to explore with stakeholders how to reach more owners and potential owners to make them better understand the importance of primate welfare.
Once again, I commend my hon. Friend for securing this debate, and his constituent, Dr Cronin, for the approach she has taken. I appreciate that he will be disappointed that I have not gone as far as he or she would like in adopting the type of licensing regime that he proposes, but I hope that he will continue to work with us as we strengthen the prominence and profile of the primates code in the Animal Welfare Act so that we can tackle some of the problems that he has highlighted this evening.
Question put and agreed to.