Wild Animals in Circuses (No. 2) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 4th June 2019 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Meaning of other key terms—

‘In this Act—

“circus operator”, in relation to a circus, means—

(a) the owner of the circus,

(b) any person, other than the owner, with overall responsibility for the operation of the circus, or

(c) if neither of the persons mentioned in paragraph (a) or (b) is present in the United Kingdom, the person in the United Kingdom who is ultimately responsible for the operation of the circus;

“officer”, in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body corporate, and

(b) any person purporting to act in any such capacity;

“travelling circus”—

(a) means a circus which travels, whether regularly or irregularly, from one place to another for the purpose of providing entertainment,

(b) includes—

(i) a circus which travels as mentioned in paragraph (a) for the purpose mentioned there, despite there being periods during which it does not travel from one place to another,

(ii) any place where a wild animal associated with such a circus is kept (including temporarily).

but not a circus which travels in order to relocate to a new fixed base for use only or mainly as a place to give performances.’

New clause 4—Moratorium on the issuing of new licences and adding animals to current licences—

‘On the day on which the Act is passed, the following provisions will apply to circus operators using wild animals in travelling circuses—

(a) there will be a moratorium on the issuing of new licences under the provisions of the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012; and

(b) current licences granted under regulation 4 of the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012 will not be extended to include additional licensed animals.

These provisions will apply until the Act comes into force.’

This new clause would prevent the issue of new licences, or the addition of animals to existing licences, from the day the Act is passed.

New clause 5—Powers of seizure: animals—

‘Where an animal is seized under paragraph 7(k), an inspector or a constable may—

(a) remove it, or arrange for it to be removed, to a place of safety;

(b) care for it, or arrange for it to be cared for—

(i) on the premises where it was being kept when it was taken into possession, or

(ii) at such other place as he thinks fit.’

This new clause would enable an animal which has been seized to be removed and cared for appropriately.

Amendment 1, in clause 1, page 1, line 15, leave out subsection (5).

Amendment 3, in clause 4, page 2, line 14, leave out “2020” and insert “2022”.

This Amendment will enable circuses to have enough time to plan for the Act coming into force.

Amendment 4 to the schedule, page 3, line 5, at end insert—

“(1A) A police constable shall be considered to be an inspector for the purposes of this Act.”

This amendment would allow a police constable to have the same powers as an appointed inspector with respect to the Act.

Amendment 5, page 4, line 38, leave out “except” and insert “including”.

This amendment would allow animals, held by those who are suspected of committing an offence under the Act, to be seized.

Amendment 2, page 4, line 40, at end insert—

“7A An inspector may require that the owner of a wild animal may not destroy the animal unless with the permission of a qualified veterinarian.”

[Philip Davies]

It is a pleasure to see you in the Chair, Madam Deputy Speaker.

I know that we have three hours allocated for consideration, but I do not intend to detain the House for so long, Members will be relieved to learn. [Hon. Members: “Hear, hear.”] That is one of the most popular things I have ever said in the Chamber. There is some important Back-Bench business to come and I am sure that we want to get on—

--- Later in debate ---

[Philip Davies]

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.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Consideration completed. As the Bill has not been amended since its introduction, Standing Order No. 83L does not apply and I do not need to suspend the House to reconsider the Bill.

I remind the House that on Second Reading the Speaker certified that clauses 1 and 2 and the schedule relate exclusively to England on matters within devolved legislative competence. Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are being made available in the Vote Office and on the parliamentary website, and have been made available to Members in the Chamber.

Does the Minister intend to move the consent motion?