Wild Animals in Circuses (No. 2) Bill

Baroness Anelay of St Johns Excerpts

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

[Baroness Anelay of St Johns (Con)]

My Lords, I thank the Minister for setting out concisely and clearly the objectives of this short but useful Bill which will ban the use of wild animals in travelling circuses in England and Wales from 20 January next year. As others have noted, it received cross-party support in the House of Commons, as well as support from the general public and leading welfare organisations. The actual process of this Bill in the House of Commons demonstrated the usefulness of taking public consultation as part of the committee process.

Like others, I remember my parents taking me to travelling circuses with wild or exotic animals. It was some 60 years ago for me, but I remember it vividly. I thoroughly enjoyed it; it was viewed as innocent entertainment at the time. But times, public opinion and my views have changed. I now think that travelling circuses are not the place for performances by wild animals in the 21st century.

As others have set out, it is true that there are only 19 such animals left in travelling circuses. My noble friend Lady Byford referred to the view of the British Veterinary Association that,

“a ban is emblematic of how we should be treating animals in the modern world”.

That is my approach.

Secondary legislation is deemed inappropriate for this change because the provisions reflect actions taken on what are described as ethical grounds—as the noble Baroness, Lady Mallalieu, challenged in her very strong opening speech—rather than being based on scientific evidence. I am of course keenly aware that there has not been a problem about the welfare of those wild animals being held by the two circus owners who will be affected directly by this legislation. We were advised by the Minister in the other place that any attempt to take forward a ban on welfare grounds under the Animal Welfare Act 2006 would therefore fail the test of proportionality—thus we require primary legislation.

However, this goes to the heart of ethical questions about how we expect wild animals and animals in general to be treated, as well as how the treatment of wild animals may differ from our treatment of domesticated animals, or those in the food production system, transport, sport, education or projects for the preservation of the species, or those animals that perform such valued work as assistance animals.

I support the Bill, but I have some questions for the Minister. Between now and 20 January next year, when the existing licensing regulations expire and, I hope, the Bill comes into force, will permissions be given to the two currently operative travelling circuses—or indeed any other travelling circus—to bring new wild animals into public entertainment? After all, between now and then we have the busy summer and Christmas holiday seasons.

I have a question regarding Northern Ireland. In another place, the Minister, Dr Coffey, said:

“As it stands, the Administration do not believe it is appropriate at this point to join in this Bill, recognising it is a significant policy decision and would need to be devolved”.—[Official Report, Commons, 7/5/19; col. 520.]


I know that all of us hope that the disagreements in Northern Ireland will be resolved politically and that we can therefore ensure that action can be taken there, but it does mean that there is a hiatus at the moment. Could the two travelling circuses go to Northern Ireland and set up shop there, pending legislation some time in the future that might happen in Northern Ireland to bring it into line with England and Wales?

My final question concerns paragraph 7(k) of the Schedule, which provides that animals cannot be seized if there is a contravention of provisions in the Bill. Is this because they are already protected by existing legislation? If so, where is that provision to be found? I hope that my noble friend can give me some comfort on that.

The Bill is indeed part of wider government action to improve animal welfare at home and abroad. I was made aware of that wider approach to animal welfare when I was a Minister for Human Rights at the Foreign Office for a few years. While there, I had a brush with the FCO’s animal welfare work when I visited Uganda. The primary purpose of the visit was connected with my role as the Prime Minister’s special representative on the Preventing Sexual Violence in Conflict Initiative. I was therefore rather surprised to be asked by the Foreign Office to ensure that, despite a packed schedule, I should go to a conservation project to see the UK’s work to support the conservation of the white rhino and visit the Ziwa rhino sanctuary. It was certainly different from the rest of my visit, but it taught me a lot about community cohesion and safety.

Ziwa is a private, non-profit animal sanctuary supported by the United Nations Development Programme through its Global Environment Facility Small Grants Programme, which the UK contributes to. Black rhinos and white rhinos are both indigenous to Uganda, but, due to a number of factors—prolonged armed human conflict, poaching, of course, and mismanagement of their natural habitat—both species had been wiped out altogether by 1983. The sanctuary was established in 2005 to reintroduce the white rhino to Uganda. Visiting Ziwa was quite an experience. It is not something that I had ever done as a tourist. The experience was cemented not least because, when I was told in advance that I and my Private Secretary would be walking with rhinos, I had not quite cottoned on that they really did mean walking with the rhinos and their calves, having told me that the mothers might be quite protective. Of course, we had armed rangers with us, and the rhinos ignored us.

The illegal wildlife trade poses a serious long-term risk to the global economy and international security. Tackling this trade is critical both to protecting wildlife and thus improving the lives of the vulnerable communities who live alongside it, and to combatting corruption and international crime. I very much welcome the work that our Government continue to do on that.

As others have mentioned, on the home front this Bill has been a long time coming. The Government first announced in March 2012 that they would introduce a ban on wild animals in circuses and that this would require primary legislation. At that time, I was Government Chief Whip and thus automatically on the Parliamentary Business and Legislation Committee, which,

“manages the Government’s current legislative programme on behalf of Cabinet and advises Cabinet on strategic management of the forthcoming programme. It aims to ensure that the Government’s legislative programme reflects its overall priorities and that the passage of each of those bills through Parliament is as smooth as possible … PBL Committee usually receives around twice as many bids for legislative slots as there are slots available. Many potential bills are not awarded a place in the programme”.

There is nothing confidential about any of that; I am quoting from the Guide to Making Legislation, a document published by the Cabinet Office.

Today’s Bill has spent many years waiting in the wings. As government Chief Whip, perhaps I contributed in a small way to its delay, since it was one of the 50% of Bills that did not find its way into the legislative programme on my watch. Well, mea culpa; I want to put that right with my support for it today. I hope that it makes swift and successful progress to the statute book.

Wild Animals in Circuses (No. 2) Bill

Baroness Anelay of St Johns Excerpts

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

[The Earl of Caithness (Con)]

My Lords, I too apologise to the Committee for missing Second Reading, as I was abroad at the time. In that debate my noble friend Lord Gardiner said,

“I think that wild animals in circuses, whether they are trained well or not, are trained for our entertainment and amusement”.—[Official Report, 19/6/19; col. 806.]


When I looked at the Bill, I fully understood what he was driving at. But I am concerned about the unintended consequences of this, as the noble Lord, Lord Trees, was when he mentioned them at Second Reading, so I decided that I would look up what “circus” meant. My vision of a circus is not necessarily what the definition of it is. A circus is defined as,

“a travelling company of entertainers such as acrobats, clowns, trapeze artistes, and trained animals”,

or,

“a public performance given by such a company”,

or,

“an oval or circular arena, usually tented and surrounded by tiers of seats, in which such a performance is held”.

Given the advice I have received, that definition covers showgrounds. A showground moves from place to place; it has tiers; it is an oval; and wild animals are in it. When my noble friend the Minister deals with his guidance, can he make it clear that falconry, county shows and such things are excluded from this provision? I hope he will be able to confirm this now because I think it was queried at Second Reading, but he never gave the answer. For me, it is a question of the definition. I had not seen it, other than in the advice I was given, but it seems that this point needs to be clarified so that we do not stray into territory that I know my noble friend does not want to get into.

[Baroness Anelay of St Johns (Con)]

My Lords, I spoke at Second Reading and like the noble Baroness, Lady Parminter, I have read the full debates in another place. It is clear that this matter was fully debated there, and it was right that it should be. My noble friend Lord Mancroft has raised an issue on which there was much exchange in another place, but it gives us the opportunity today to hear reassurance from my noble friend the Minister about guidance. That is important, so in that respect my noble friend Lord Mancroft has done the Committee a favour.

However, I am concerned about attempts to impose further definitions in the Bill. This is for some of the reasons debated in another place, one of which has already been mentioned by my noble friend Lord Caithness. One does not wish to see definitions used in ways that are so prescriptive that they do not catch the people who should be covered by the Bill—those in travelling circuses who in future should not have wild animals—or so broad as to bring within the remit of the Bill those who use falconry displays for educational services. I declare an interest, in that I have watched at least two of those at the Royal Horticultural Society garden at Wisley, near where I live, and they were extremely educative not only for young people but for me. There is also the matter of county shows, which I attended regularly when I was our Front-Bench spokesman on agriculture in opposition.

I can see the benefit of there being a definition in the Bill. I believe the Government have found one which gives effect to the prohibitive provisions we wish to have, without extending them to activities which should not be covered by the Bill. I hope that my noble friend the Minister will affirm his commitment to guidance and reassure the Committee that the current definition properly delivers, as I expect it does, the changes that were received with great agreement around the House at Second Reading.

--- Later in debate ---

[Baroness Parminter]

My Lords, I am concerned that the amendments proposed by the noble Lord, Lord Mancroft, are dangerous and seek to drive a coach and horses—or a zebra and a transport box—through very welcome proposed legislation.

Both amendments would change the definition of “wild animals” from a list of species that are not domesticated to solely animals born in the wild. The current list is drawn from the Zoo Licensing Act, which has worked very well for the past 30 years. I would contend that that is the tried and tested legislation we should look to, not that proposed by the noble Lord.

So far as I know, none of the 19 remaining wild animals in circuses covered by this legislation were born in the wild but, of course, they are still wild as they are not domesticated. The zebra or the snake does not suddenly become a domesticated animal just because it was born in captivity. Again, this ploy is very similar to the one proposed by Philip Davies MP in the other place. I hope that the Committee will reject it again in the same manner.

[Baroness Anelay of St Johns]

My Lords, yet again, I find myself agreeing with the noble Baroness, Lady Tyler —a habit that I must try to break, but not just yet.

It is important that the Bill—it was not drafted shoddily, as my noble friend Lord Mancroft mischievously proposed—reflects previous discussions here and in another place to reconcile the definition of the animals to be covered with the fact that they are not domesticated. By any stretch of the imagination, being born to a wild animal that has been trained and tamed in a circus does not mean that an animal will be domesticated. It is something that happens genetically over not just generations but thousands of years. My noble friend’s sudden view that the Bill is poorly drafted neglects the fact that it has been on the books for a long time. My hair has changed colour during that period. I know that the Bill has benefited from contributions from around the House over a period of about 15 years, during not just this Administration or the coalition Government before but the Labour Government before that. As the noble Baroness, Lady Tyler, said, the definition is consistent with the Zoo Licensing Act 1981; I hope that the Minister can reconfirm that and give us further assurance.

[Lord Swinfen]

My Lords, I wonder what the position would have been for my mother. When I was a small boy, she had a pet jackdaw, which she rescued because both its parents had been killed. The parents were not in lawful captivity when the egg was laid; they were wild. The egg hatched, they were killed and my mother rescued the young jackdaw. According to this Bill, she may have broken the law.

--- Later in debate ---

[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.