Wild Animals in Circuses (No. 2) Bill

Kerry McCarthy Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

I completely understand my right hon. Friend’s concern. We have had conversations with circus owners, who certainly have no such intentions whatever—they regard these animals as part of their families. The issue is that the practice is outdated and society has moved on; it is not appropriate for such performances and exhibitions to take place. As I will explain later, circus owners will still be able to own the animals and look after them, but they will have to seek licences and will be inspected.

Many Members on both sides of the House have spoken passionately about this issue. Time prevents me from naming them all, but we recognise the concerns and I am pleased that we are able to take action today. I am delighted that there is strong support across the Chamber today. I will, of course, talk about the important work that took place under the previous Labour Government. I am delighted at the degree of co-operation. Of course we understand that there will be challenges, but we are grateful for the co-operation, which will ensure a smooth passage for this legislation.

[Kerry McCarthy (Bristol East) (Lab)]

We were promised that the Bill would come in after the Backbench Business debate secured by the hon. Member for The Wrekin (Mark Pritchard). One of the reasons subsequently given by the Government for not introducing it was that the European Union would not allow us to—there is a stream of responses to my written parliamentary questions on the subject that told me that. However, Austria, Belgium, Bulgaria, Croatia, Cyprus, Greece, Ireland, Italy, Latvia, Malta, the Netherlands, Scotland, Slovenia and Slovakia have all introduced a ban. Will the Minister put on the record that that line that we were given—that we could not introduce a ban because we were in the EU—was just not true?

[David Rutley]

I was not around at the time of whatever was said. I have been involved for eight months and we have been working closely together on a wide range of activities. We are trying to get this legislation through at pace. I pay tribute to the work that has gone on in Scotland since we declared that there would be a commitment to introducing this ban. The ban has been introduced there and we are pleased that there has been support for what we are doing today from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) and the Scottish Government.

--- Later in debate ---

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

Circuses are no place for wild animals. That view is shared not only by animal welfare organisations and animal lovers, but by the vast majority of people in our country and—as I am very glad to see—by hon. Members on both sides of the House. As the Minister said, banning wild animals in circuses is a policy that began under Labour before we lost power in 2010, so we support the Bill. It is long overdue, but we are pleased that, having walked the tightrope of parliamentary time so many times, it has now arrived. I thank Members on both sides of the House for their advocacy for wild animals. This will ensure that we can have the greatest shows: circuses that do not have wild animals in them.

In welcoming the Bill, I want to echo some of the points that have been made by hon. Members. Like my right hon. Friend the Member for Warley (John Spellar), I ask the Minister where the Bill is to increase the penalties for animal cruelty. The Bill before us is welcome, but it is not the only Bill that we need in relation to animal welfare. That is one of the promises that remains missing.

The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012 will expire in 2020. Now is the time to address this issue once and for all. Forcing wild animals to perform in circuses is one of the most archaic and inhumane forms of animal exploitation. We should be clear that we no longer want it to take place in Britain.

According to the latest figures from September, 19 wild animals are owned by the two remaining circuses that use wild animals in their performances. I am very pleased that the six reindeer, four zebras, three camels, three racoons, one fox—which is not for hunting—one macaw and one zebu, which of course is a type of humped cattle, will soon be free from their lives in circuses and able to enjoy the rest of their lives without being put on display for our entertainment.

I have received a few questions about the Bill since I mentioned I would be speaking in the debate. I would be grateful if the Minister set out whether birds are included in the Bill, as a few people want to know. I believe that they are, but it would be helpful if the Minister made it clear for the record in her concluding remarks.

The problem with the current regulations is that if the licensing conditions are met, there is nothing to stop more animals and different types of animals returning to circuses unless further action is taken.

The review of the science on the welfare of wild animals in travelling circuses by Professor Stephen Harris, which was commissioned by the Welsh Government and published in April 2016, provides strong evidence that wild animals in travelling circuses not only suffer poor welfare, but do not have a “life worth living”. Every circus animal matters. That is why we should have no wild animals in our circuses anymore. The report built on existing evidence that shows that the welfare needs of non-domesticated wild animals cannot be met within a travelling circus—a conclusion with which the Opposition agree.

I am sure that all hon. Members are animal lovers. I am sure we can all agree that animals need a suitable environment to live in, an appropriate diet, the ability to express normal patterns of behaviour and to be housed properly, whether that is with or without other animals, and that they should not suffer. Wild animals that are used in travelling circuses are carted from one venue to another, sometimes in cramped cages and barren trailers, and are taught to perform tricks, often through fear of punishment. In many cases, animals are not suited to the travelling life, where they are denied their most basic needs. When animals suffer, we all suffer.

Labour planned to ban the use of wild animals in circuses before the 2010 general election. The draft legislation had been prepared and consulted on, with a substantial majority of respondents in favour of a ban. While we are pleased that there is finally parliamentary time for this crucial and urgent Bill, it is disappointing that we have been overtaken by no fewer than 30 countries worldwide in banning the use of wild animals in circuses. I am grateful to my hon. Friend the Member for Bristol East (Kerry McCarthy) for setting out just how many EU member states have banned the use of wild animals in circuses and showing just how paltry was the Government’s line that our EU membership prevented it.

[Kerry McCarthy]

My intervention on the Minister was long enough, with the long list of countries, so I did not make the point that I wanted to go on to make. The line that we are not allowed to do things because the European Union will not let us has been used frequently by this Department and by the Minister’s predecessors. For example, there were discussions about limiting the journey times for live exports. Other countries were prepared to sign up to that, but the UK was not prepared to take part in those discussions. We need a thorough investigation into how often that has been used as an excuse, because there are a lot of things we could have done on the animal welfare front that are now coming to a head because we might be leaving the European Union. We could actually have done a lot more.

[Luke Pollard]

My hon. Friend is right: there have been many times when our membership of the European Union has been used as a reason not to do something, when that has not been true. In many cases, the Government have had the power to change the law for the better. We should be using those powers to do so, not find excuses not to do so.

The previous Labour Government published the draft Wild Animals in Circuses Bill in 2013 but sadly did not make time for it to become law. Despite a 2015 manifesto commitment to implement the ban, the Conservative Government failed to introduce the necessary law in the last Parliament. The Government have been dragging their feet for far too long and I am glad that the Minister who introduced the debate has brought forward the Bill. However, every day that the Bill has not been in place, there have been wild animals in circuses in England that should have been free to enjoy life beyond the circus. That is something that the Government’s action can never take back.

The ban has been on the “to do” list for many years. When out celebrating the re-election of Plymouth’s Labour council last week, the leader of the council, Tudor Evans, told me about the controversial measure to ban wild animals in circuses visiting Plymouth back in 1991, when I was only 11. Plymouth City Council had wanted to do that, but it did not have the power to do it. However, it discovered that it did have the power to ban animals in theatres, so it did. That caused immediate controversy, with the performance of “The Two Gentlemen of Verona” at the Theatre Royal demanding the use of a dog. Apparently, the show went on without the dog, and circuses will go on without wild animals. That is a lesson that we should all be very proud of.

The Minister mentioned that other countries have led the way in introducing a ban on wild animals in circuses. Scotland has introduced a ban and Wales will be introducing a ban this year. What is happening in Northern Ireland on introducing such a ban on wild animals? While there is no Executive, it is hard for some of the rules we pass in this place to be applied in Northern Ireland. I would be grateful if the Minister set that out so that we can ensure that no wild animals are able to be used in circuses in Northern Ireland.

May I ask the Minister about the robust transition that needs to take place? There must be no unintended consequences when the ban comes into effect. The British Veterinary Zoological Society has highlighted potential concerns about the guidance that will be given regarding the future of wild animals that are currently in circuses. There must be a robust transition process in place to ensure their welfare. I am grateful for the answer the Minister gave my fellow south-west MP, the Chair of the Environment, Food and Rural Affairs Committee, on ensuring that all the animals will be rehomed in a good way. However, I would be grateful if the Minister who responds gave further reassurance that not a single wild animal that is used in a circus today will be put down because of the new law. I am sure that there are many animal lovers across the country who would love to rehome any of those animals—the raccoons, the macaw, the zebras, the zebu or the reindeer. We must make sure that no animal dies because of this law.

Turning to unintended consequences, we look forward to scrutinising the Bill in Committee. We will consider what amendments to table to clarify how the Bill will work in practice and to ensure that there are no loopholes that a coach and horses, a zebu, a camel or a raccoon can be driven through. For example, the Bill does not contain a clear definition of the word “circus”, so there could be confusion with the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, which are about the use of snakes that are not commonly domesticated but are under the control of humans. Circuses could therefore fall into both areas. They could say that they have a licence under those regulations and operate as a travelling exhibition if the term “circus” remains undefined.

I am grateful to the hon. Member for Brighton, Pavilion (Caroline Lucas) and my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) for setting out that concern. There is a need to tighten the definition and I would be grateful if the Minister looked favourably on attempts by the Opposition and, I suspect, Government Members to do that.

The Opposition will also explore powers to enforce the ban on wild animals in circuses. We will consider what powers will be needed to seize animals that are used in circuses after the ban comes into place, what powers courts should have to disqualify offenders from keeping animals if there is repeat offending, what powers of entry should be extended to constables and appointed inspectors, and what additional support the Government will give the national wildlife crime unit by extending its funding. There are only 12 officers in the unit, which is nearly one officer per wild animal in a circus today, but it is very important that their excellent work continues after the current funding round comes to an end. I would be grateful if the Minister set out what plans the Government have to extend that funding.

There is never enough animal welfare. We need to give a voice to the animals because they do not have one. That is why it is right that we have heard interventions from both sides of the House in support of greater animal welfare. I am very pleased to be a Labour MP, because Labour is the party of animal welfare. From bringing forward the landmark Hunting Act 2004 to protecting domestic animals under the Animal Welfare Act 2006, Labour has always placed the welfare of animals high on the policy agenda.

The hon. Member for The Wrekin (Mark Pritchard) asked about an all-encompassing animal welfare Bill. If the Government choose not to introduce such a Bill, the hon. Gentleman need only vote for a Labour Government. We have made a policy commitment to introduce a broad animal welfare Bill to ensure that all animals are protected, based on our animal welfare plan, which has been published and consulted on.

Labour fought for animal sentience to be part of the European Union (Withdrawal) Act 2018, but, sadly, that was voted down by the Government. I hope that it will return as a full provision. At a European level, Labour has helped to secure better welfare standards for battery hens and chickens, and has tightened the rules on the transport of live animals. That is a record of which my party can rightly be proud, but it is also a record that requires us constantly to ask for improvements, and to support animal welfare wherever the animals may be, in the United Kingdom and abroad. My party and, I believe, Members on both sides of the House will continue to do that.

Labour will support the Bill tonight, and I hope that the Minister will take our suggestions on board in the good faith in which they were intended. I think that there is cross-party support for the Bill, not only in the House but among the public. Labour will seek to tighten the rules to ensure that there are no wild animals in our circuses, and that all the wild animals that are currently in circuses can have a good life after their days of entertaining people have come to an end.

--- Later in debate ---

[George Eustice]

It was, but, as the hon. Gentleman says, the legal advice was that these were not necessarily animal welfare issues per se.

I support the Bill. I have argued for it, and I want it to be passed. A number of Members have said that it is perhaps a little overdue; I was in the Department and it took time for this to be done, so I cannot criticise others on that front.

[Kerry McCarthy]

Will the hon. Gentleman give way?

[George Eustice]

I am going to make some progress.

However, the Bill does raise some anomalies. For instance, two or three of the animals in the list of 19 are camels. They will be banned from circuses in future, but I understand that camel racing takes place in some venues in the country, and that that practice would continue. Only a few years ago, there was a dancing raccoon on “Britain’s Got Talent”, the ITV show. Do we think that that is ethical? If it is not ethical to have a dancing raccoon in a circus, why is it ethical to have one on “Britain’s Got Talent”?

What about falconry displays? They travel from agricultural show to agricultural show. Falcons are wild animals. What is the difference? We are starting to enter borderline territories.

Then there is the issue of snakes. There is a growing trend for the keeping of corn snakes and other exotic pets such as bearded dragons, a type of lizard. Are we convinced that every 10-year-old boy in the land who has a corn snake or a bearded dragon is looking after that pet adequately? A number of vets are increasingly concerned about the welfare of some of these pets, not least because many vets lack the expertise to deal with their specialist needs. Why is it OK to have pet snakes with, in many cases, no regulation at all unless they are deemed to be a species of dangerous wild animal, while having one in a circus is seen as wrong? And what about reindeer? There is nothing in the Bill to prevent a reindeer from being outside a Santa’s Grotto, yet reindeer in circuses will now be banned.

I have made all those comments not to suggest that I will oppose the Bill—as I have said, I fully support it—but simply to highlight a matter that I think we ought to consider. As we introduce a rather unusual Bill that is based on ethics rather than animal welfare, it will throw up issues that we, and those tasked with implementing the policy, will have to resolve, and we ought to be thinking about those issues now.