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.