Wild Animals in Circuses (No. 2) Bill

Debate between David Rutley and Mark Pritchard

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

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 (The Wrekin) (Con)]

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]

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.

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[David Rutley]

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]

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]

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.