Wild Animals in Circuses (No. 2) Bill

Alex Sobel Excerpts

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

[David Rutley]

That is an interesting point. It is difficult to get the balance right, but the key thing to remember is that we are discussing an outdated practice that we want to see removed on ethical grounds. Seizure is much easier where there are genuine welfare concerns—I will explain why in more detail—and those powers are contained in the 2006 Act.

If the animal is subject to the Dangerous Wild Animals Act 1976—of those animals currently kept in circuses, only camels and zebras are subject—it may be seized if it is being kept without a licence or if a licensing condition is being breached. There is no need to replicate those powers here. In Committee, concern was raised about repeated breaches of the Act. The courts would have the power to impose unlimited fines, which makes it highly unlikely that a circus would continue to reoffend, for economic reasons.

Powers to seize animals interfere with the peaceful enjoyment of possessions, which is protected by article 1 of protocol 1 to the European convention on human rights. Interferences must be justified and proportionate. That may be easy to do if an owner is mistreating an animal and the powers are being exercised under the Animal Welfare Act, which is the point I was trying to make earlier. However, the objective of this legislation is simply, but importantly, to prevent the use of wild animals in circuses on ethical grounds. Preventing someone from using animals for other purposes, which is what the seizure and deprivation powers do, goes beyond what is necessary to achieve the objectives of the Bill.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I would like some reassurance from the Minister about a circus that operates in my constituency—Circus Mondao—which has a zebra and two camels. I have been campaigning for it to cease the use of these, and I ask that the Bill cover that so that I can happily go to Circus Mondao in the knowledge that, because of this Act, it is not using wild animals.

[David Rutley]

The hon. Gentleman sets things out incredibly clearly, as he has done on others Bills I have been involved in. Absolutely—I can categorically say that, at commencement of this Act, those practices will no longer be able to be taken forward, so his campaign will have come to fruition. I hope that reassures him.

Amendment 4 seeks to extend the enforcement powers in the Bill to police constables. A few points have been made, not the least of which were those made by my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who is passionate about many things, including these issues. I always have a soft spot for Hemel Hempstead because that was where one of my sons was born. We are all talking about our children today.