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

Bob Seely Excerpts

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

[The Chair]

Before I proceed, gentlemen, if any of you are finding it close in here, please feel free to take your jackets off.

[Mr Bob Seely (Isle of Wight) (Con)]

Q Tell me how I can ask this question, because it slightly relates to my own patch but I suspect it might relate to other places as well. I represent an island and we have lots of lovely falconers on the island. They do great shows in the summer but they sometimes also travel with their birds to the mainland. I do not know if I am asking you or whether I am just highlighting a point for the civil service team. I have assumed the definition of a travelling circus and it includes irregular or regular travelling. If it is irregular travelling, at what point do falconers, be they in Scotland or from the Isle of Wight, risk becoming a travelling circus? I would not want this law to be used against those people, first, because they are my constituents and secondly, because that is not the purpose of this law. Are we assuming that the definition of travelling circus is tight enough not to be used against people such as falconers, who might go and spend a night or two away from home with their birds?

[The Chair]

The questions are specifically for the witnesses and not for the civil servants.

[Mr Seely]

Q I am sure the civil servants have heard. Would the witnesses like to comment?

[The Chair]

Our attention should be on the witnesses.

[Mr Seely]

Q Thank you so much for your guidance, as ever.

Dr Ros Clubb: One of the reasons we would like a bit more guidance on the definition is to be clear about what is and is not out of scope. Scotland’s Act has guidance that has a list of activities that are specifically excluded. We would envisage falconry displays as you described them being captured within this legislation. As you say, it is not the intent of this Bill and we think that should be covered elsewhere. It is not that we are not concerned about falcons and other raptors being used in that way, but we do not think it is within the scope of this Bill.

[Mr Seely]

Q So you want greater clarity. You are saying that the list—I have not seen the list—means that falconry is specifically excluded in the Scottish Act. You would like to see that same list applied to this Bill as well.

Dr Ros Clubb: In order to alleviate any concerns about activities being covered that are not intended to be, it would be useful to have some guidance around the scope and that would belong in guidance.

[Mr Seely]

Q What is your opinion on falconry? Do you think it is cruel the way people train hawks and other hunting bird species for these shows?

Dr Ros Clubb: It very much depends how it is done in our experience. We approach it as we would any other animal welfare issue, looking at how it is done, how the animals are kept, whether they are flown sufficiently. There are some concerning aspects of the practice in terms of restriction of normal behaviour, but we understand that it varies very much with who is doing that practice. Within the legislation we are discussing, we do not see that being covered.

[Mr Seely]

Q Can you see the RSPCA calling for the ban of falconry at some point in the next decade or so, or is that not on your horizon at all?

Dr Ros Clubb: It is not on the horizon as far as I am aware.

[Mr Seely]

Q Having read your evidence, clearly we are all mindful of the point about circuses preventing wild animals from roaming, especially larger ones and so on. Is there the same strong case for small animals? There are very few numbers of travelling circus animals in this country. There are 19, I think, of which two are raccoons. Raccoons are not the same as zebra and much larger animals. They still need space but, if they are semi-tame, do they occupy the same moral ground as larger animals, in your opinion?

Daniella Dos Santos: They are still wild animals. Size should not come into the discussion of whether we are meeting their welfare needs. We are still not going to meet their behavioural or their enrichment needs in a travelling circus situation. Granted, the portable exhibits may be more suited to an animal of that size, but ultimately, we are still not meeting their welfare needs.

Nicola O'Brien: A large part of why we are here discussing this and considering a ban is that people are not comfortable with seeing wild animals being used in circuses. It does not matter what species they are; it is more about the fact that, although there are arguments about their welfare needs not being met in the environment, a large part of this is that people do not think we should use animals like that anymore.

[Mr Seely]

Q You are assuming 100% that that is likely. You say “people” think that—I would agree that a lot of people do, but I am not sure everybody does. You are slightly assuming that it is everybody.

Nicola O'Brien: Fair enough—not everybody, but going on the consultations carried out by the Government, and in Scotland and Wales, there is wide-ranging support for the Bill. That has already been discussed by Members. We have worked on this issue for 60 years—not me personally but the organisation has. The interactions we are having with people about this issue show strongly held beliefs that animals should not be used in this way, for welfare reasons but also relating to the use of wild animals in these environments.

[Mr Seely]

Q We have a fantastic zoo on the Island, which has some tigers that came from fairly horrible travelling circuses. I understand that the conditions they have now are much better than the conditions they had then. We know that there is a strong case for not having wild animals in circuses; are you saying there is enough of a gap between how well circuses treated animals and how well zoos treat animals, so we do not have the same problems letting animals be themselves in zoos? Does that question make sense? Do you see what I am trying to get at? Do zoos meet the required standard for caring and looking after animals compassionately, especially regarding the space arguments?

Dr Ros Clubb: I think they have the facilities to do so far more than a circus does, because of the fact that they are permanent. I do not think that applies in zoos in their entirety—they very much vary across facilities—but they certainly have the ability to meet the animals’ needs much more than a travelling circus.

Daniella Dos Santos: An environment that is more permanent can be better adapted to meet an animal’s welfare needs than an environment that is constantly on the move. To pick up on the earlier point about the challenge that not everyone agrees, following a public consultation after Scotland introduced its Act, 98% of respondents backed the ban in Scotland, which is quite a large percentage of the public.

[Luke Pollard]

Q After the Second Reading debate when we talked about the 19 wild animals, I had a message from someone that asked, “Are they going to be destroyed or rehomed? What about the fox—how do you rehome a fox?” That was an interesting question because it showed that as a nation of animal lovers, we are concerned about what will happen to those 19 animals. Currently there is no provision in the Bill that prevents animals from being destroyed if taken off their owners. Is that something that you think is necessary, or are you sure that there are enough good homes out there for the zebus, zebras and raccoons, so they can be rehomed in a safe and decent way?

Dr Ros Clubb: The RSPCA has offered many times to help to rehome the wild animals that are currently used. We reiterate that offer. We do not believe that there would be a need to put any animals to sleep. Obviously, we are as concerned as members of the public about the fate of those animals. We feel they should be rehomed, and our concern is that they will continue to travel with the circus but not made to perform. From a welfare perspective, we have real concerns about their being put through regular transport, being kept in temporary accommodation and all the other issues we have with that.

--- Later in debate ---

[Sandy Martin]

Q Also, you mentioned one circus trying to reintroduce elephants in this country. Three of the respondents to this Bill have suggested that elephants and lions could and possibly would be reintroduced to circuses in this country, even under the current licensing regime. Therefore, do you believe that, if possible, we should introduce this ban sooner than 20 January 2020?

Dr Chris Draper: In an ideal situation, absolutely. I think the risk of new—well, they are not new. The risk of species that are not currently in use being introduced is very real. There was, as I understand it, an application by a big cat exhibitor for a licence under the current system. In my understanding, the current licensing system was put in place as a temporary stopgap, but the unfortunate consequence of it is that it legitimises the use of animals in circuses. I think we need to do an about-turn from that fairly quickly, and if that can be done before January next year, so much the better.

Jordi Casamitjana: I agree: the sooner, the better.

Angie Greenaway: I agree. Our organisation conducted the investigation of those elephants when they came to a circus in this country. There is actually an act that toured multiple countries across Europe. Our investigation found evidence of chaining for 11 hours of the day and abuse from both the person caring for the elephant and the presenter. That is a real worry. A lot of these elephants have been captured from the wild and still perform in circuses. Anne the elephant was permanently chained in her winter quarters and violently beaten. The thought that that could happen fills us with dread.

It has been a few years since big cats have been in this country, but our investigations have shown that they are kept caged most of the day and exhibit stereotypical pacing behaviour to show that they cannot cope with the environment they are in. All wild animals suffer in circuses, but elephants and big cats suffer especially.

[Mr Seely]

Q Are you and other welfare groups happy that there are sufficient powers in the Animal Welfare Act 2006 for the police to intervene and take action against circuses and owners who abuse animals in the traveling circus format that we are talking about?

Dr Chris Draper: The point we discussed a little earlier about giving powers to the police for site visits and inspections and seizures would be an improvement on the current draft of the Bill. I defer to the RSPCA’s experience on the existing powers, given that it works so closely on those issues.

Jordi Casamitjana: In terms of animal welfare, the Animal Welfare Act comprehensively covers that. The bit it does not cover is in identifying whether there is a wild animal in the circus. You need powers in the Bill specifically for that purpose. It does not need to be a DEFRA inspector to cover that—it could be the police as well—but you need that extra power to be able to enter a location and find out which animals are kept there, whether they perform and whether they are wild. That is kind of beyond the Animal Welfare Act.

Angie Greenaway: I agree and defer to the RSPCA. Our issue is that we have exposed suffering and violence where inspections have not. It is about being aware. While these animals are allowed to be used, it is quite difficult to obtain evidence of their suffering. It takes long-term observation, and inspectors who just come for a couple of hours might miss things that are happening behind the scenes.

[Mr Seely]

Q I am very grateful to Oliver Heald for doing such a good job defending the rights of Island falconers. However, on a serious point, this is not only about people in remote places who cannot necessarily go back to the animal’s home overnight. I know that the previous three individuals answered this question, and I would like you to do so as well. I want to make sure that, in your opinion, there will not be wiggle room in the Act for falconers—whether they are in Scotland or the Shetland islands or Cumbria or Cornwall or the Isle of Wight, where you have to travel, where they could be away—to be challenged by animal welfare campaigning groups such as yourselves over the way they treat those animals if some of their work away where the animals are held captive and live is seen to be irregular. What is your opinion on that?

Dr Chris Draper: Taking what you said as examples, it sounds as like there is a justifiable challenge for the animals’ welfare based on the traveling you describe, but I do not think this is the legislative instrument to do that under; I think it would be better served looking at it differently, under the Animal Welfare Act, for example. I think it is important to keep the focus of the Bill as narrow as possible, to traveling circuses, as has been defined in common usage and as has been attempted to be defined in other constituencies—in Scotland and around Europe—in order to achieve what the public want and to protect the animals in use. I would not want the Bill to be derailed by greying the area into things like falconry when that could be specifically excluded, but that does not negate my concerns about the welfare of birds in falconry.

[Mr Seely]

Q I think the answer to that is that I cannot imagine a circumstance where it becomes so irregular and so often that it would potentially qualify. The problem is, as we know from the Government over the years, unintended consequences are often the consequences of things that were not intended in the first place, so the less wiggle room there is, the better the clarity of the law and the better people know the guidelines within which they can operate. Would you agree?

Jordi Casamitjana: We are against the use of any animal for entertainment purposes, but that does not mean that we are going to use the law to address the use of all animals for entertainment purposes. Obviously, the law deals only with wild animals. We are also against the use of any animal in circuses, domestic included, but the law does not cover that. If the law is specific enough, it will cover only the bits that the law defines—and I think it is specific enough. That does not mean that we are going to stop campaigning against the use of any type of animal, because there are other laws that might deal with that.

[Mr Seely]

Q Out of interest, do you think that show jumping or falconry are inherently cruel? You could say that they are not what wild animals are there for. Therefore, there are animal rights campaigners who would say that we should outlaw racing—so goodbye, Cheltenham—falconry and show jumping, and that we should get rid of a lot of those things because we are forcing animals to do something that is unnatural for them, even if they have done it for generations. What is your opinion on that?

Jordi Casamitjana: Certainly, we are those animal rights people who say that. We believe that animals have an intrinsic value and they have the right to choose what they want to do. If you force them to do activities that they are uncomfortable about, and they are stressed by the way they are being trained, that should stop, because there is no need for it—there is no need for those things. That is our general attitude to using animals for entertainment in a blanket entertainment context and for all the animals involved.

Having said that, there are different ways to deal with it. One is to stop people doing them. You do not have to use bans all the time to stop activities; you can persuade people to stop doing those activities. The level of cruelty in each case varies to the point where you might have laws such as this one, which address those entertainment activities where animals are used that most people already recognise as cruel—most people, even if not all. That is what will happen.

The progress of animal protection over the years has always been pushing the envelope to the next phase, and people are starting to recognise animal suffering which they did not recognise before. They are sentient beings. That will obviously have an effect over the years. The obvious first step, however, is to deal with the cases that are the worst of all. Of all captive animals kept, and all animals used in entertainment, the circus, in my opinion, is the worst.

[Mr Seely]

Q You used the words “free to choose”. Animals respond to their behaviour types; they do not have freedom of choice in the same way that humans do. When you talk about being free to choose, you are getting into a grey area, are you not? A lot of people would dispute the idea that animals are free. Okay, going to a circus is not natural behaviour for an animal—I get that—but what about galloping with a human on?

Jordi Casamitjana: I agree that there is a grey area and different interpretations. I am an animal welfare expert—that is my background. The fact that the behaviour is used in a domestic environment does not mean that that behaviour is the behaviour that the animal would use if it was alive and doing it their way.

For instance, an animal running from a predator is natural behaviour, but running too much is no longer natural behaviour, nor is running for another purpose, because it has been hit or for other reasons. There might be behaviours that have their origins in natural behaviour that have been forced and modified to the extent that they become an animal welfare concern. From that point of view, you can say that even humans have some behaviours that are instinctive and some that are learned. That is no different from any animal. We have feelings; they have feelings. We have intentions; they have intentions.

Angie Greenaway: Regarding the legislation, we know there is long-standing public and political support and commitment to legislate on the issue, as opposed to some of the other issues. People probably accept that there are welfare issues involved with those and things that we might speak out against, but there are inherent welfare issues with the travelling nature of the circus.

We also accept that there are issues with domesticated animals in travelling circuses. Actually, most opinion polls show that there is majority support for a ban on those species as well, although it is not quite as high as wild animals and it has obviously not been consulted on and debated. We would like that to be addressed in the future. There have been so many arguments about the science, the consultation process and all the markers along the way over the past 10-plus years. That is why it is really important to get this legislation through. I am sure people will address some of these other issues in due course.

[David Rutley]

Q Thank you for your contributions. Do you as groups agree that societal attitudes towards wild animals in circuses have changed over time? Why do you think that might be? What are the drivers of that? I am interested in your thoughts about public perception.

Angie Greenaway: That is something we have seen over the past 20 or even 30 years. Public opinion polls have shown that there has been consistent support— 70% or 80%—for a ban. The Government consultations in England, Wales and Scotland show that 94.5% to 98% are in favour of a ban. I think some of that is because people generally are more aware of the needs and the lives of animals through documentary programmes, scientific research that comes out and investigations by groups such as ours, which expose living conditions and the training and handling techniques used in circuses. When people are aware of that inherent suffering, attitudes change, and over time that is happening not just in this country but all over the world.

Dr Chris Draper: All I would add is that I think public attitudes have reached a crescendo. They perhaps reached a crescendo quite a few years ago and we have been kept waiting. This dates back to discussions in Parliament in the 1920s, in the run-up to the Performing Animals (Regulation) Act 1925. Concerns have been raised about how animals fare when they are used for entertainment and exhibition in circuses. Those concerns never went away, but awareness increased of what was going on behind the scenes. This is not just about people’s ethical and moral consideration of animals, as it was in those days. It is an emerging picture, but the picture is consistent: the public are now united against the use of animals in this way.

Jordi Casamitjana: I would go even further than that. Some 300 or 400 metres from here, years ago, there was badger baiting, bear baiting and bull baiting going on. In 1835 we banned those activities. There was already a concern then that having wild animals in a circus-like spectacle, where they fought with each other for entertainment purposes, was wrong. The enlightenment—this political, social and philosophical movement—started there, and it has not finished. Time is constantly moving. Our views about how we treat animals are opening up. We see animals as sentient more than we used to. We realise they are suffering. We realise their needs better than before. This drive towards a belief that we do not have the right to impose suffering on animals just for entertainment purposes has continued. It is not surprising that it has taken some time, but it has never stopped—and it will never stop, because that is what social progress does.