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

Ellie Reeves Excerpts

Wednesday 22nd May 2019 Public Bill Committees

[David Rutley]

The hon. Gentleman suggests that he does not get involved in the forensic detail, but I suggest that he does. We have been in enough debates and statutory instruments for me to know that he takes a forensic approach, so I expect nothing less than for him to go through the technical detail, which is the right thing to do.

The Government do not believe that the amendment is necessary, however. Amendment 5 seeks to align the definition of a wild animal in the Bill with the definitions used in the Zoo Licensing Act 1981 and the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012. Both pieces of legislation define a wild animal as an animal that is

“not normally domesticated in Great Britain”.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

In the evidence sessions yesterday, several circus owners made the point that the animals in their circuses were exotic animals, rather than wild animals. To ensure that there is no ambiguity about that, it would be helpful if the Minister confirmed that the definition of wild animals in the Bill covers the 19 animals in circuses today.

[David Rutley]

That is a very good question, and it is important to get it on the record, because there was quite a tangle of conversations about different definitions. We are clear that those 19 animals are wild animals. We can have all sorts of technical debates—I hope we do not have them today, because I think we discussed it enough yesterday—about domestication, but we are clear that those 19 animals are included in the definition.

The Environment, Food and Rural Affairs Committee’s report, “Wild Animals in Circuses”, also noted the slight difference between the definition of wild animal in the draft Bill and in the 1981 Act. The Government were happy to explain their thinking in response to the Committee then, and I will do so again.

The term “animal” or “wild animal” is used in several places in the statute book, but there is no common definition of either. Our approach is in line with the definition of a “protected animal” in section 2 of the Animal Welfare Act 2006, which refers to an animal being

“commonly domesticated in the British Islands”,

rather than “normally”. To reassure hon. Members, any difference in the precise wording does not have any material impact on the workings of the definition; the terms “commonly” and “normally” are interchangeable. I note that the Scottish Parliament’s Wild Animals in Travelling Circuses (Scotland) Act 2018 includes

“commonly domesticated in the British Islands”,

in its definition of a wild animal, as does the Welsh Government’s Wild Animals in Travelling Circuses (Wales) Bill.

I hope that this is a probing amendment—I get the sense that it is—and that I have been able to reassure hon. Members that there is no material difference between using “commonly” and “normally” in the definition of a wild animal. I hope that the hon. Member for Plymouth, Sutton and Devonport will feel able to withdraw the amendment.

--- Later in debate ---

[Luke Pollard]

I beg to move amendment 2, in clause 4, page 2, line 14, leave out “on 20 January 2020” and insert

“on such day as the Secretary of State may by regulations made by statutory instrument appoint, and no later than 20 January 2020.”

This amendment would enable the Act to be brought into force earlier than 20 January 2020.

Since the introduction of the Bill, it has been clear— from the Second Reading debate, the evidence sessions and cross-party discussions—that hon. Members on both sides of the House support a ban on the use of wild animals in circuses. The only question is when that should take place. The last Labour Government had hoped to introduce legislation around the time of the 2010 general election; sadly, that general election got in the way and we have had to wait nine years. I thank hon. Members on both sides of the House who have promoted private Members’ Bills during that time in an attempt to legislate sooner.

The Bill’s enforcement date is 20 January 2020. The amendment seeks to explore whether that date can be brought forward, so that we can ban the use of wild animals in circuses sooner. During yesterday’s evidence, the Born Free Foundation said that there was a risk of new species and new animals being brought into travelling circuses before January 2020.

[Ellie Reeves]

We also heard during yesterday’s evidence that 45 countries have already banned or restricted the use of wild animals in circuses, so we are behind the curve. Does my hon. Friend agree that there is no need for further delay?

[Luke Pollard]

I entirely agree. If we as a country had taken this action in 2009 or 2010, as proposed by the last Labour Government, we would not be here and we would not be chasing the pack. In Britain we like to think of ourselves as a nation of animal lovers—indeed, I believe we are—but we have to put that into practice. Every animal matters. It has taken nearly a decade to introduce this ban on the use of wild animals in circuses, and it is being introduced at a time when the Government are light in legislation, including the missing fisheries and agriculture Bills, on which we really need to make progress. I agree with my hon. Friend that there is an opportunity to bring forward the Bill’s enforcement date.

During yesterday’s evidence we heard that many circus animals are not used for entertainment purposes over the winter season. Peter Jolly said that he stops touring around November. I understand from conversations with the Minister that there is concern that bringing forward the commencement date would overlap with the current licensing arrangements. I am sympathetic to that view. The Opposition want the ban to be brought into effect as soon possible, but we do not want taxpayers’ money being spent on compensation. There is a balance to be struck and I would be grateful if the Minister could set out his thoughts on that.

I would also be grateful if the Minister could set out a clear direction for those circus operators who may be thinking of introducing new animals before the commencement of the ban. I certainly do not want a final hurrah for circus animals: “Your last chance to see the raccoons, the zebu and the macaw!” Given that circuses operate in a commercial environment, there will always be that last PR sell.

We have an opportunity to send a message that no additional animals or new species should be introduced to any circus. As we heard from Born Free yesterday, a big cat exhibitor has applied for a new licence, but that flies in the spirit of what we are trying to do.

We want to ensure that the powers come into force as soon as possible. The period between now and 20 January 2020 is important because, every single day that goes by, those animals remain in travelling circuses and potentially in cruel and unusual environments that may damage their wellbeing. More people are encouraged to presume that it is normal for those wild animals to be in a circus and that we as a country accept that.

We have established from public polling, as set out in yesterday’s evidence and during the Minister’s comments on Second Reading about the weight of consultation responses received by the Department, that the general population do not support the use of animals in circuses and that it should be brought to an end as soon as is reasonably possible. I would be grateful if the Minister could set out whether there is an opportunity to bring forward the commencement date. Our amendment would not prevent 20 January 2020 from being the commencement date. It refers to bringing forward the powers

“on such day as the Secretary of State may by regulations made by statutory instrument appoint, and no later than 20 January 2020.”

The Government’s proposed date would remain in legislation but they would have an opportunity to bring it forward. Ministers need to retain that important tool, especially to prevent any circus operators from using the provision as a last hurrah for the use of wild animals in circuses, and from introducing new species and animals for a final show before the commencement date. I would be grateful if the Minister could respond to those concerns.