Wild Animals in Circuses (No. 2) Bill

Liz Twist Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 4th June 2019 Commons Chamber

As I have explained previously, under the Animal Welfare Act 2006 an inspector may seize an animal if it is suffering or is likely to suffer if its circumstances do not change. If someone is convicted of either causing unnecessary suffering to an animal or failing to provide for its welfare needs, the courts also have a power to disqualify them from owning or keeping animals.

[Liz Twist (Blaydon) (Lab)]

There is concern about using two different bits of legislation to solve one problem. Would it not be clearer to cover this issue in the Bill, rather than relying on the Animal Welfare Act?

[David Rutley]

That is an interesting point. It is difficult to get the balance right, but the key thing to remember is that we are discussing an outdated practice that we want to see removed on ethical grounds. Seizure is much easier where there are genuine welfare concerns—I will explain why in more detail—and those powers are contained in the 2006 Act.

If the animal is subject to the Dangerous Wild Animals Act 1976—of those animals currently kept in circuses, only camels and zebras are subject—it may be seized if it is being kept without a licence or if a licensing condition is being breached. There is no need to replicate those powers here. In Committee, concern was raised about repeated breaches of the Act. The courts would have the power to impose unlimited fines, which makes it highly unlikely that a circus would continue to reoffend, for economic reasons.

Powers to seize animals interfere with the peaceful enjoyment of possessions, which is protected by article 1 of protocol 1 to the European convention on human rights. Interferences must be justified and proportionate. That may be easy to do if an owner is mistreating an animal and the powers are being exercised under the Animal Welfare Act, which is the point I was trying to make earlier. However, the objective of this legislation is simply, but importantly, to prevent the use of wild animals in circuses on ethical grounds. Preventing someone from using animals for other purposes, which is what the seizure and deprivation powers do, goes beyond what is necessary to achieve the objectives of the Bill.