Wild Animals (Circuses)

Debate between Duncan Hames and Robert Flello

Wednesday 8th June 2011 Westminster Hall

[Robert Flello]

I am grateful to the hon. Lady for her intervention. Indeed, I was coming to that very point.

How long does the Minister intend to wait to see whether that hypothetical court case actually starts? If the legal advice from DEFRA officials is so overwhelming, I am sure that the Secretary of State will be only too pleased to publish it. Does the Minister have a copy with him, or will he place it in the Library later today? Legal advice supplied to me suggests that the UK is entitled to make its own domestic legislation on this matter.

[Duncan Hames (Chippenham) (LD)]

The hon. Gentleman may recall that, on the day of the urgent question, I asked the Minister if he would publish the legal advice that he had received. I am pleased to advise the House that I received a letter from the Secretary of State yesterday; the Minister has followed through on his commitment to discuss the matter with her. However, I am disappointed and frustrated that, in line with practice elsewhere in government, the Secretary of State has declined to publish that advice. Does the hon. Gentleman agree that, if we cannot see the advice from Government lawyers, it places a greater burden of responsibility on the Minister to argue the merits of that position?

[Robert Flello]

I am most grateful to the hon. Gentleman; it does indeed place an extra burden, an extra duty, on the Minister. I repeat the point that, if the legal advice is so overwhelming, we should be able to scrutinise it.

I shall take a step back and set out our recent journey to this point. Circuses existed long before wild animals became a feature. Indeed, it is often said that the Roman circuses were the foundation for what we know today. The use of animals in circuses probably dates back to the early 18th century, when exotic animals were put on display. The year 1833 is often cited, as that was when big cats were first seen in a cage act at a circus. Interestingly, the Slavery Abolition Act was passed in that year, as was the Factory Act that limited child labour—a connection that is slightly ironic.

During the passage of the Animal Welfare Act 2006, it was agreed that the use of wild animals in travelling circuses should be banned, subject to there being sufficient scientific evidence. The circus working group, chaired by Mike Radford, concluded that there was not sufficient scientific evidence to justify a ban. However, on a closer reading of the 2007 report, the conclusion seems to be that there is almost no evidence to consider—no evidence to support a ban, and no evidence to support the status quo. My reading of the Radford report is that there is no scientific data for either side to rely on.

There is another argument, however. Do we really need a report to tell us right from wrong? Does a report that says there is insufficient evidence override our moral sense of what is or is not acceptable? In the 20 years leading up to 1833, did Wilberforce say in the face of so-called evidence against him, “Oh well, that’s okay. I’ll give up now.”? No, of course not, and neither should we. I do not suggest that the owners of travelling circuses are cruel or that they mistreat their animals, but I fail to see—and looking around me, I note that colleagues who are here in support of a ban, fail to see—how keeping wild animals in mobile cages as they travel around the country, even with some respite in exercise areas, is for the best welfare of the animals concerned. Perhaps it is me, but I find it plain wrong that wild animals should be used in travelling circuses.

As an important aside, I believe that it is wholly unacceptable for circuses to be targeted for vandalism and worse. We should not descend to that level but should win the argument instead.