Wild Animals in Circuses (No.2) Bill (First sitting)

Alistair Carmichael Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 21st May 2019 Public Bill Committees

[Luke Pollard]

Q Have you seen a movement of animals from countries that have implemented bans, such as Scotland, into countries that have not? Would this effectively encourage a trade in circus animals, such as raccoons being shipped from England to a country that would continue to allow them to be exhibited in circuses?

Nicola O'Brien: I do not believe any circuses using wild animals were based in Scotland—very occasionally one would travel up—so I do not think it is possible to see that effect. I guess in Ireland, where there is a ban, some of those circuses have moved on, so yes, I guess that is a potential outcome.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Q To look at some of the practical applications of this, in relation to your answer to the hon. Member for Plymouth, Sutton and Devonport, in Scotland—my knowledge relates to the operation of this in a Scottish context—there would be a general power of forfeiture at the end of a prosecution, made on the motion of the prosecutor. Would you not have the same power in England?

Dr Ros Clubb: My understanding is that, as the legislation is currently written, we would not. For example, I think there are powers of forfeiture in the Fur Farming (Prohibition) Act 2000, so we would be looking for a similar kind of deprivation.

[Mr Carmichael]

Q So an express power of forfeiture would be necessary in the Bill?

Dr Ros Clubb: Yes.

[Mr Carmichael]

Q Thank you, that is helpful. To pick up the point that the hon. Member for Truro and Falmouth made about the interaction between DEFRA inspectors and police constables, is it your understanding that in practical terms operating DEFRA inspectors will get new powers under this Bill?

Dr Ros Clubb: That is my understanding.

[Mr Carmichael]

Q In practical terms, is it not the case that their inspections will for the most part be focused on animal welfare considerations, rather than on prosecution?

Dr Ros Clubb: If the same inspectors who are operating under the circus licensing regulations are involved, they very much go and inspect to check that the standards are being met as outlined in those regulations. The question is whether that would proceed to a prosecution. That is a question we have: if there were signs of illegal use and evidence of use, who would make that call?

[Mr Carmichael]

Q The point I am driving at is that there is a difference between someone focusing on acquiring evidence, if that is the main purpose of their job—as it would be for a police constable—and the approach that might be taken by somebody whose primary concern and function relates to the maintenance of animal welfare standards. I do not want to put words in your mouth but, for the benefit of the written record, you need to give me some.

Dr Ros Clubb: I see your point. Yes.

[Mr Carmichael]

Q Also, in practical terms, is it not the case that a lot of the time we will at least need to take a multi-agency approach? If you are a DEFRA inspector going into a situation, you may want police constables in attendance with you. Is that also fair comment?

Dr Ros Clubb: Yes, that is fair.

[Mr Carmichael]

Q If you have people there exercising functions under the Act, does it not make good sense for everybody to have powers to gather evidence in the normal way?

Dr Ros Clubb: Yes.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

Q Thank you very much for your contributions, which are much appreciated. When DEFRA carried out its public consultation, 95% of the public supported a ban. I am interested in your views, either anecdotally or through any other survey data that you have seen, on whether the public’s view has changed significantly since that time, which was 10 years ago.

Daniella Dos Santos: I would say that most people think there already is a ban; their belief is that this not happening any more. I would suggest there has been no significant change in public support.

Dr Ros Clubb: From the public opinion polls that we have seen over the years, support has remained at a similar level. The majority, when questioned, believe that there should be a ban. Anecdotally and from talking to people, including our supporters, many people believe that a ban has already been passed and are not even aware that this practice is still allowed to continue.

Nicola O'Brien: As I said before, people are surprised that we are still talking about this and that all animals are not banned in circuses. People are really surprised that there has not been legislation in England on this yet. We have seen an increase in frustration that there is not a ban in place yet. We think public opinion is still as strong. Again, the consultations carried out in Wales and Scotland more recently show wide public support for a ban.