Wild Animals in Circuses (No. 2) Bill

Debate between Lord Gardiner of Kimble and Baroness Anelay of St Johns

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

[Baroness Anelay of St Johns]

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]

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.