Wild Animals in Circuses (No. 2) Bill

Debate between Baroness Fookes and Lord Trees

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Fookes (Con)]

My Lords, I will explain briefly the reasoning behind this amendment. During earlier stages, some concern was expressed about the meaning of certain points in the Bill, notably “travelling circus”. It was not included on the basis that this was a widely understood, everyday term, but concern was certainly expressed that it might be interpreted in an unexpected way that might widen it unattractively.

I would have preferred to have this on the face of the Bill. Perhaps I am ultra-sensitive, but as a former member of the Delegated Powers Committee, and its chairman until I stood down owing to serious illness, I am particularly sensitive about anything which is not dealt with in a proper parliamentary fashion. My noble friend the Minister was willing to offer guidance about this after the Bill receives Royal Assent. That is very welcome, but I am still concerned that this guidance is what I would call untethered: it is not attached to any proper delegated legislation. I have tabled this amendment to offer the guidance in a proper, regulatory, reformed manner. I am aware that we are anxious to get the Bill through, but I would welcome my noble friend’s telling us considerably more about his intentions to give this guidance. I hope he will be able to give a substantial slice of the loaf, rather than a few measly crumbs. I beg to move.

[Lord Trees (CB)]

My Lords, I rise to support the noble Baroness, Lady Fookes, in seeking assurance from the Minister that appropriate guidance will be issued in a timely fashion to clarify some of the definitions in this short Bill, notably “travelling circus”, and to help ensure that the Bill does not set a precedent of restricting further activities involving animals for which there is scant evidence of harm. With the indulgence of the House, I would like to make a few brief but important points.

We live in a liberal democracy in which activities are allowed unless there is evidence of harm to persons, property, animals or the environment which justifies their abolition. On that definition, this Bill fails. As the Minister knows, I am a passionate advocate for animal welfare, but there is no evidence of a case to answer on animal welfare grounds in this instance, despite this activity having been under close inspection as a condition of its licence.

Even if there were, and even if, as in this case, the justification for this legislation is ethical, this Bill fails on any test of proportionality. There are 19 animals involved. The various and multiple conditions to which these animals are exposed are not, I would submit, significantly different from those to which millions of other animals are exposed in all manner of activities with which I—and, I suggest, many in this Chamber and most of the public—acquiesce. Members of the circus community have suggested that this legislation is discriminatory against them, because it singles out circus people and circus animals, and regrettably I feel they have a point.

This Bill will go through, and I do not mean to oppose it. The three main political parties support it. However, I make a plea to this and succeeding Governments that they base their evaluations and decisions involving animal activities on sound evidence of harm, estimates of the severity of that harm and objective measures of the quantum of that harm—how many animals are involved. Otherwise, I fear that we are moving—and indeed this Bill takes the first steps—from animal welfare legislation to animal rights legislation. I do not doubt that this is not the intention of Her Majesty’s Government or the Minister. I continue to commend them, as I have in the past, for their previous excellent measures to improve animal welfare, but I fear that others may interpret the passing of this Bill differently.