Wild Animals in Circuses (No. 2) Bill

Lord Gardiner of Kimble Excerpts

2nd reading (Hansard): House of Lords
Wednesday 19th June 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the Bill be now read a second time.

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

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.

--- Later in debate ---

[Lord Gardiner of Kimble]

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.