Wild Animals in Circuses (No. 2) Bill

Luke Pollard Excerpts

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

[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.

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

Luke Pollard Excerpts

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

[The Chair]

Thank you. I am happy to take questions.

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

Q Thank you for coming. There seems to be lots of cross-party agreement on the principle behind the Bill—that wild animals should not be in circuses for our entertainment—but we have some questions about the detail of the Bill, and in particular the definition of a travelling circus. They stem from the desire to make sure the Bill is as comprehensive as possible, to ensure that in the future there will be no wiggle room or loopholes. What is your view of the current definition in the Bill? Is it sufficient, or could it be tightened up?

Dr Ros Clubb: From the RSPCA’s perspective we are on the same line of thinking. We think it should be comprehensive, to capture the activities that are of concern, and that the public want ended—and that the RSPCA wants ended, as well. We favour a definition of a travelling circus very much in line with what is currently in the circus regulations that currently license wild animals in circuses. We favour a meaning of “travelling circus” as any company, group or institution that travels from place to place for the purpose of giving performances, displays or exhibitions, and as part of which wild animals are kept or introduced, whether for the purpose of performance, display or otherwise. Our main thinking is that we want the less formal display or exhibition of wild animals to be captured, meaning association with the circus and not necessarily just animals performing in the ring.

Nicola O'Brien: We feel similar on that. Also, we feel that it has been working, obviously, with those businesses that have registered under the travelling circus regulations. It has been effective. It has not accidentally caught any other businesses that travel with animals for other purposes. We feel that that is a robust definition.

Daniella Dos Santos: From the BVA’s perspective, while we are broadly in line, we have a slightly different take. We would support including the definition of a travelling circus in the Bill itself, but we would support a definition in line with that in the Wild Animals in Travelling Circuses (Scotland) Act 2018, so that there would be a cohesive understanding between them, and so that when it comes to implementation and enforcement there is no confusion about cross-border issues. We would favour a definition in line with the Scottish Act. Also, we feel that that would avoid unintended consequences for other types of animal displays that might move to temporary locations—for example, for educational purposes.

[Trudy Harrison (Copeland) (Con)]

Q The RSPCA referred to the requirement for police constables to carry out checks and enforcement, as well as inspectors. Can you talk us through that?

Dr Ros Clubb: Certainly. It is similar to the Scottish Act. The powers to enter premises and gather and seize evidence lie with inspectors as well as constables. We favour that approach. It would be in line with the powers under the Animal Welfare Act 2006. It would give more flexibility. With temporary arrangements in relation to animal use, the police would be allowed to go in and investigate illegal activity and gather evidence. The RSPCA gets complaints about temporary events, and it is important to be able to get in there and gather evidence as they are going on. The police would be given that additional power to do so. If they needed expertise in terms of animal identification or anything along those lines, they could take a suitable expert with them.

--- Later in debate ---

[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.

[Luke Pollard]

Q Can I ask about the seizure of animals? In your written evidence you talked about the ability to deprive those convicted of the offences of the animals. It is implicit in the Bill that wild animals should not be kept after the Bill becomes law, but there is no provision in there to authorise the taking of those animals from their current owners. Do you think that requirement should be in the Bill, to make that crystal clear so that there is no doubt that current owners of wild animals should not have them after the Bill comes into force?

Dr Ros Clubb: We would like it written into the Bill that animals could not continue to tour. We understand that that will lead to the deprivation of ownership of animals, and legally that might be tricky, but we are concerned that allowing traveling circuses to continue to keep and travel around with those wild animals does not deal with the welfare issues for those particular animals—although it would potentially stop more animals coming into that situation—or the risk of illegal use along the way. The definition we suggested would prevent those, but we understand that it might be tricky to get that written into the legislation.

[Luke Pollard]

Q This was picked up in the answer that Nicola gave a moment ago about public views towards this. My sense from the research and the consultation that the last Labour Government did on this, albeit a decade ago, is that there is massive overwhelming public support for this actually being put into law. From your point of view, and from the experience of Scotland and other countries that have done this, is there a reaction afterwards? Are the general public coming back and saying, “Where are the zebras in the circus display?”? They are actually supportive of this?

Nicola O'Brien: We have not had anything like that, and I do not think there has been any large public uproar or any need for a review. This is something that people have wanted. In fact, we find that most people think it is already banned. They are really surprised when we talk about this Bill being another great opportunity to come and discuss this industry and to perhaps ban it. They think, “Wasn’t this banned a long time ago?” That is probably because there has been political activity over the years and we have seen such a decline in the number of wild animals being used in circuses and the number of circuses offering those animals. So yes, we think it is going smoothly and is what people want.

[Luke Pollard]

Q Have you seen a movement of animals from countries that have implemented bans, such as Scotland, into countries that have not? Would this effectively encourage a trade in circus animals, such as raccoons being shipped from England to a country that would continue to allow them to be exhibited in circuses?

Nicola O'Brien: I do not believe any circuses using wild animals were based in Scotland—very occasionally one would travel up—so I do not think it is possible to see that effect. I guess in Ireland, where there is a ban, some of those circuses have moved on, so yes, I guess that is a potential outcome.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Q To look at some of the practical applications of this, in relation to your answer to the hon. Member for Plymouth, Sutton and Devonport, in Scotland—my knowledge relates to the operation of this in a Scottish context—there would be a general power of forfeiture at the end of a prosecution, made on the motion of the prosecutor. Would you not have the same power in England?

Dr Ros Clubb: My understanding is that, as the legislation is currently written, we would not. For example, I think there are powers of forfeiture in the Fur Farming (Prohibition) Act 2000, so we would be looking for a similar kind of deprivation.

--- Later in debate ---

[The Chair]

We will now hear oral evidence from Animal Defenders International, the Born Free Foundation, and PETA. We have until 11.25 am for this session. Will the witnesses please introduce themselves?

Angie Greenaway: I am Angie Greenaway, executive director of Animal Defenders International.

Dr Chris Draper: I am Dr Chris Draper, head of animal welfare in captivity at the Born Free Foundation.

Jordi Casamitjana: I am Jordi Casamitjana, senior campaigns manager for PETA— People for the Ethical Treatment of Animals UK.

[Luke Pollard]

Q I would like to ask about the definition of a travelling circus, especially from an international perspective, given that a number of countries have similar bans. Do you think the definition needs more clarity in the Bill, and if so, are there good examples that we could learn from in those countries that have banned wild animals in circuses?

Angie Greenaway: We would like the definition of a travelling circus to be similar to that in the regulations, as the RSPCA said. The regulations specify that the definition applies to wild animals, but a travelling circus could have wild and/or domestic animals. We would like that to be clarified, possibly for other purposes, and to make it clear that the definition does not concern only wild animals.

Dr Chris Draper: There is definitely a need for clarity around the definition—that view seems to be shared by a number of people. My feeling is that that could be in the Bill or in statutory guidance—either would be appropriate. Perhaps the simplest mechanism would be guidance, as that would allow for specific exclusions of practices such as falconry that were mentioned in the previous session, and that do not need to be captured within the Bill.

Jordi Casamitjana: I agree with Chris. This could be done through the Bill or through guidance, but guidance is probably the best option. That will allow us more flexibility for future activities that we might not foresee at the moment but that could fall under the definition. The term “travelling circus” is already very straightforward—“travelling” means moving from place to place, and “circus” can be interpreted as involving some sort of performance, so that clearly states what we are talking about: it is a group of people who move from place to place to perform with wild animals. In that regard the term is already well defined, but there might be grey areas where guidance could help.

[Luke Pollard]

Q This question is similar to the one that my hon. Friend the Member for Bristol East asked the previous panel about the international experience of this ban. Do these bans work internationally? Where are they working best, and are there lessons to be learned not only from the laws that ban wild animals in circuses, but how those laws are implemented and enforced?

Angie Greenaway: Forty-five countries around the world have some form of ban, either on wild animals, all animals or certain species. Those bans have been introduced on different grounds. Some have been on ethical grounds, welfare grounds and even public safety grounds. The legislation is worded quite differently between countries. We have a lot of experience in South America, where we have conducted investigations that have then led to a public outcry and legislation being brought in. In those countries, we have helped to enforce legislation: in Bolivia, Peru and currently in Guatemala, where we are taking the animals from the circuses and relocating them to sanctuaries and even, in a few cases, releasing them back into the wild where it is possible to have a rehabilitation programme. They are having a much better life away from the conditions that are very similar to how animals are kept in this country as well.

Dr Chris Draper: The only point I add to that is that the various bans that have been brought in internationally have tackled countries with very different scales of industry, from some even smaller than that in England up to some of our close neighbours in Europe that still have very large circus industries that are under scrutiny for a ban. Some have also included mandatory confiscation as part of the process of bringing in the ban rather than as an enforcement action after a ban has been brought in.

Jordi Casamitjana: I think bans like this work because they are easy to enforce. There is not a regulation element in these laws that requires a criteria that might vary from country to country, from inspector to inspector. This is very straightforward. Either you have wild animals or you do not. So it is easy to find out whether you have them or not. There is a transition process when you start a ban like that, when you have to tackle the cases of animals present in circuses. From an enforcement point of view, it is a very straightforward ban. That is why they work everywhere.

[Luke Pollard]

Q There is a sense sometimes that Britain is leading the way in animal welfare. In some areas we are, but in this area we seem to be very slow and a proposal that was initially put forward by the last Labour Government—that was when I had brown rather than grey hair, it was that long ago—has taken a very long time to get here. Are there any lessons that can be learned about how these types of issues can be hurried through? Are there things that have changed in the period when this was first proposed that you think are missing from the Bill as it currently stands?

Angie Greenaway: It is really unfortunate that it has taken us so long for us to get to this point. Half of the bans in place around the world have passed while we have been talking about the issue and drafting legislation and thinking about it. We have found ourselves woefully behind countries such as Iran and Bolivia. All over the world, these countries have acted—and quite quickly as well. The period from public opinion being against it to legislating has been quite short—usually no more than just a few years—whereas for us it has taken so much longer, which is unfortunate.

I wanted to touch on your last question re the bans. A number of countries do not have travelling circuses based in their own country, like in Wales: they do not have any wild animal circuses based there but they visit from England. That is the case in quite a few of the countries that brought in bans. They did not have any circuses in place but they were visiting from other countries. That has been the case with some of the bans that have come in.

Dr Chris Draper: From my perspective, I first became involved in looking at this issue in about 2004, 2005, when it was the Animal Welfare Bill. In the subsequent delays to tackling this issue, it is worth noting the introduction of new species to circuses travelling around Great Britain. We have the particular example of elephants, where they were on their way out of the industry and one of the circuses that existed a few years ago decided to bring in a new elephant act. That is quite a strong lesson that we need to act now and not just look at the fact that there might be only 19 animals. It is the fact that the number could increase. Admittedly, that is unlikely in its current format but there is still that possibility for new animals and new acts to be brought in.

Jordi Casamitjana: When I talk to many people in other countries, they are always quite surprised to realise that we have not banned wild animals in circuses yet, when it happens so often. Nothing has changed since Bolivia banned all animals in circuses some time ago that justifies the delay. Only the fear that there might be a problem that is not there, because when it is banned anywhere else, there is no problem. The public understand it. Society has moved along. This is an issue that is totally understood and the practicalities are easily solvable, so it is surprising we have not done it yet.

[Sarah Newton]

Q I would like to come back to some of the questions I was asking before, given the breadth of your experience. This is about enforcement. In our country we have got the Department for Environment, Food and Rural Affairs, and quite well defined animal welfare standards. DEFRA inspectors have a lot of power to make sure animals are properly cared for and, if they find that they are not, to confiscate and prosecute. I represent a large rural constituency. Most of my farmers, of course, are fantastic farmers, but, sadly, we do have some quite notorious prosecutions for very poor animal welfare, and the powers have worked really well.

Some of the witnesses have suggested to us that in addition to the existing DEFRA regulatory framework, our police force should be involved. What value, if any, do you think that that would bring? Can you draw on your international experience? Who is best placed to do the enforcement?

Dr Chris Draper: From my perspective, in the current situation with DEFRA inspectors inspecting circuses, they would be doing it within a licensing regime. Those are circuses that have been in effect pre-approved on the basis of an application, and DEFRA inspectors are going to ensure that they are complying with the current standards. That is a very different kettle of fish from the involvement of, for example, the police, whose experience is more in examining criminality, and chain of evidence-type procedures. I think there is a role for both bodies in the investigation of the potential use of animals in a circus after a ban.

Jordi Casamitjana: I agree. I think it should be both, because we are talking about different things, here. One would be finding out whether the circus had a wild animal, contrary to the Act. The other would be checking the conditions of the animals that were there. There might be situations where the law was breached and there was a wild animal, but there was a need to check whether animal welfare legislation applied, so as to confiscate the animal if it was being kept in bad conditions. The latter would be a job for a DEFRA inspector—finding out about the conditions—but the police could easily deal with enforcement on the question whether there was a wild animal or not. I think there is room for both.

--- Later in debate ---

[David Rutley]

Q On the discussion about defining travelling circuses in the Bill, there are concerns, which we have discussed at length, that defining them too narrowly may mean that certain activities, such as falconry, cannot happen. It sounds as if you would be quite understanding of an approach that involved using guidance to define things more clearly. I think one of you actually said that might be a more flexible approach that could adapt to changing circumstances in the years ahead. Obviously, primary and secondary legislation can take time. It would be interesting to hear your more definitive views on that. If we were to move forward with guidance, would your organisations be willing to get involved in that process and help review it?

Angie Greenaway: Yes, we would be very happy to contribute to that and to comment on the Scottish legislation as well. Guidance is needed for clarification. As Committee members have mentioned, there are circumstances in which people are not sure whether the legislation would cover something. Guidance would help provide clarity.

Dr Chris Draper: Statutory guidance is necessary in this case; leaving things with an industry-led guidelines approach would not be wise. In terms of the statutory guidelines type of approach, I would be more than happy for Born Free to be part of that process.

Jordi Casamitjana: I would also be happy to be involved. Guidelines give special flexibility, so you can perceive problems and make modifications in the future, when there is suddenly an unforeseen type of activity. We have the reality right now; there is a variety of activities, and therefore it is already neweded right now.

[Luke Pollard]

Q I wanted to go back to Angie’s written submission, which talks about the circus animals suffering. There is a general understanding that banning wild animals from circuses is a good thing, and we want to do that, but I have not yet heard—apart from in small bits—about the levels of suffering that we have in circuses at the moment. There is a sense that that has already been banned, so any animals that are already there must be well treated; otherwise, how would people pay money to go to a circus if they felt animals were not well treated? Can you give us a sense of your assessment of the welfare of the animals we have in circuses in the UK currently? What is the best way to assess the wellbeing of an animal in any type of captive environment, especially one where they are subject to so much touring and travelling?

Angie Greenaway: I think the British Veterinary Association covered it well when they talked about the inherent welfare issues of travelling and the fact that the accommodation needs to be small and collapsible and to be put on the back of the trucks. Big cats, even though they are not currently touring, will be in a series of small cages on the back of a lorry; that is their permanent accommodation. Sometimes they might have access to an exercise enclosure, but it will only be for x hours during the day. Elephants will be kept chained all night, at least, and possibly all day.

Other circus animals, such as camels and zebras, might be tethered and on their own. Obviously, they are herd species, so those are unnatural social groupings, which was touched upon earlier. The provision of the accommodation is not suitable, nor is the constant travel. The report by Professor Harris, commissioned by the Welsh Government, said that there is no evidence to show that these animals get used to the travel. Some people think it does not matter and say, “Oh, they’ve been touring for years.” That is still going to be a stressful experience that will compromise their welfare.

There are issues across the board, but also those that are species-specific, depending on how the animals are socially grouped, managed and trained. The welfare of the animals is compromised, and that has been accepted by veterinary bodies. The scientific evidence is overwhelming about the issues involved.

[Luke Pollard]

Q Are there any concerns at the moment that the keepers and those who are employed to look after wild animals in circuses are, in themselves, doing things that are deliberately cruel? Or is it the fact that keeping wild animals in circuses is, as a practice, cruel? Do you have any examples of mistreatment of animals currently?

Angie Greenaway: In itself, the very practice will compromise the welfare of animals, but there are examples. When we did an investigation of Peter Jolly’s Circus, the camel was being tormented; it was spat at. There are different things, but it is hard to get at those—that involves investigations. The longer the term that you can observe them, the more you will see more, as we have found ourselves. It will be a picture that builds, but it is difficult to see if you are just visiting a circus. You might see it from stereotypical behaviour that animals will do to show that they are not coping with their environment—a behaviour that is not seen in the wild. With the big cats, it could be pacing back and forth. It could be head bobbing or weaving, which has been documented by DEFRA about one of the circus camels. There are tell-tale signs, but some of it is about the nature of species. If you are a prey species, you will not show how you are feeling. Some of these things are not apparent, so we will not be able to see just by looking at these animals how much they are suffering.

Jordi Casamitjana: I could add something more specific. The training is often ignored. The problem, when you inspect a performance, is that you do not see the training—you just see the performance. My inspectors inspect a circus and see how the animals are kept and how they perform, but they do not see how they are trained. The methods used train animals to behave in an unnatural way. That is the only thing the circus makes the animals do—unnatural behaviours. That is why they are entertaining—because they are unusual. That forces the animals out of their instincts and their comfort zone and to change their behaviour. Often, that creates fear and distress.

There are positive reinforcement methods, but positive does not mean benign. It means adding a stimulus, as opposed to negative enforcement, which removes a stimulus. Positive reinforcement means, when you see a behaviour, you use a stimulus to make it happen again—to reinforce it. That might be running; if an animal is running in circles, that animal might be running initially from fear, and that is reinforced by the sound of the whip. The whip is the stimulus that produces constant fear. You can condition the animals to react to something, in training, that causes pain, but that, in performance, is just a noise. In the performance, you just hear the noise, but you do not see the pain associated with the training, which the animal remembers, and that is why he is forced to act. All this suffering, which is often not seen, is inherent in the whole performance element.

There is testimony from Sam Haddock, who was a trainer of elephants in Ringling Bros. PETA got his testimony out to the public in 2009. Everything was recorded. He was training small elephants, and it was very cruel. He admitted, “Look, this is the only way I can do it. Being cruel is part of the way I can train these animals. There is no other way they can learn.”

[The Chair]

If there are no further questions from Members, I thank the witnesses for their evidence.

Ordered, That the debate be now adjourned.—(Iain Stewart.)

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

Luke Pollard Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 21st May 2019 Public Bill Committees

[The Chair]

Colleagues, we have until 2.45 pm for this session.

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

Q 84 Thank you for joining us today. This morning we heard evidence from animal welfare groups talking about how important it is that wild animals are banned in circuses. As circus operators, can you give us your perspective on the Bill and also on the role of wild animals for entertainment?

Peter Jolly: From my perspective, we have been licensed for seven years. We have had more than 40 inspections in those seven years, all of which have been satisfactory, if not more than satisfactory. Like any other inspection, there are tiny little things that have to be rectified and they have been rectified immediately. There is no reason that the animals that are in circus now cannot remain in circus, because the inspectors have inspected them that many times. We work with them all the time. That is our life.

Carol MacManus: The Department for Environment, Food and Rural Affairs did a review on the report, and the report, I think, is outstanding: the animal welfare of the circus was of a very high standard over the five to six years that we have done the licensing. We are still licensed at the moment to keep our wild animals in circuses. I do not believe they are wild animals; they are exotic animals. None of the animals we own is wild. They are exotic animals, all born and bred in this country. Reindeer are classified as wild animals only in a circus. They are not wild anywhere else in the UK.

[Luke Pollard]

Q From your point of view and the way you run your businesses, can you explain what efforts you make around animal welfare? We heard this morning about issues of cruelty towards animals and the sense that this ban is overwhelmingly supported by the British public, which I imagine includes those people who attend and watch circuses. I will be grateful for your perspectives on that.

Peter Jolly: From the animal welfare side of it, our animals do the very minimum performing in a day. For the majority of the day they are outside grazing. Myself and Carol—

Carol MacManus: Spoil our animals.

Peter Jolly: They are grazing animals—hoofed animals—so for the majority of the day, apart from maybe one or two hours, they are outside grazing. Their veterinary care is top, because our licence requires us to keep records on a daily basis. Four times a day, for every single animal, we have to record the weather, the environment, what food they have had and what we have done with them, such as if we walk them from the paddock to the big top. There are no welfare problems at all.

Carol MacManus: We did a survey while we were doing the tours of the circus in 2010—I know that is a while back now—that 10,000 people filled in, and 84% was positive. Some of them did not even realise what the survey was and just ticked all the boxes because they weren’t really reading it. You say that an overwhelming majority want to ban animals in circuses, but the majority of those people are against us having animals in any form of entertainment. Slowly but surely you will find that they try to ban everything.

[Simon Hoare (North Dorset) (Con)]

Q What animals do you keep?

Peter Jolly: Do you mean animals or what are classified as wild animals?

--- Later in debate ---

[The Chair]

We will now hear oral evidence from the European Circus Association and the Circus Guild of Great Britain. I do not think I have to repeat what I said to the previous witnesses, because you were already sitting in the audience. Would you kindly introduce yourselves and perhaps make a brief opening statement?

Rona Brown: My name is Rona Brown, and I am a wild animal trainer. I worked in the film industry with wild animals for 60 years. A lot of the animals I get come from the circus, because they are the ones that are handled, reared, used to travelling and used to being told what to do. They do not mind lights, music and people. They are easy to work, and they love doing the work. That is what I have done all my life. I am also a betweeny person for the circuses and DEFRA.

Martin Lacey: Hello, Sir David Amess. Thank you very much for having me. It is very good that you are giving us a bit of time to speak. My name is Martin Lacey. I was born in Sunderland, and I left England when I was 17 years old, so I hope you understand my English—I am always thinking in German. My family comes from a zoo background, not from a circus background. I became an artist at the age of 18 with my lions, and I have been all over Europe working with them. I have won the most prizes that any artist could win; I have won animal welfare prizes for my show. I also work with politicians in Germany, Italy and Spain.

[Luke Pollard]

Q You heard the questions we asked the last panel in relation to animal husbandry and the welfare of wild animals in circuses in the UK. Martin, from an international perspective, when bans have been introduced elsewhere—you said that you travel with your animals—can you expand on what difference that has made to the business? How has operating in countries where there are bans affected the business of travelling circuses?

Martin Lacey: The problem is that, due to animal rights groups—I have seen this many times when I work with politicians—you are very ill-informed. What bans are there? The bans we are talking about are in eastern Europe, where there should rightly be a ban, because they cannot even look after themselves, let alone animals. You have to understand that places like Germany have a very high standard. In fact, it was great to see DEFRA put these regulations in place. That is what circuses need to go on in the future. Animal welfare is, absolutely, very important.

I have read that animal rights groups say that they have a ban in Italy, which is not true, and that there is a ban in Austria, but there were no circuses in Austria to fight for circuses. Therefore, the wording has changed, which makes you believe that there are bans everywhere. There are problems in Germany—of course we have problems. We have some towns where they say they do not want to have wild animals, and we have been successful every time with legal action.

There are so many studies and facts—this is not what I say; it is actually facts—that show that animals are good in the circus. That can answer many questions that were asked before. It was already proven in the 1980s by the RSPCA and Dr Marthe Kiley-Worthington—I think the last report was in 2010—that it is a fact that animals can be good in a circus. Therefore, although you ask me about the change of bans in Europe—I work in Germany, Spain and Monte Carlo, where they have the biggest circus festival in the world—there are no bans. Yes, other countries have bans, but I have never worked in those countries. It is not brought out in the right way. I mean, Cyprus—I do not even know the circus that would have been in Cyprus. So there are places with bans, but it is a bit wishy-washy.

[Luke Pollard]

Q Thank you for that answer. If I may, Mrs Brown, I found your written evidence very interesting—how you put across your case. Your submission said that the Bill is

“discriminatory; disproportionate; driven by animal welfare groups”.

Do you think that there is an animal welfare problem with wild animals in circuses at the moment? This morning, the animal welfare groups provided examples of animals they regarded as poorly treated and out of their natural environment, causing them a great deal of stress. I am wondering how the evidence that we heard this morning fits with your view that the Bill is unnecessary.

Rona Brown: I think it is totally unnecessary, because we have laws that cover and look after animals in circuses. When the circus regulations came in, there was a circus that had lions and tigers, and it worked very well. It depends whose hands the animals are in, and whether they are any good or not, so that the animals are looked after properly. The circus regulations have ensured that animal welfare is good, that the animals are looked after properly, that the people who look after them understand what they are doing, and that there is no unjust behaviour towards the animals.

When I said that the Bill was driven by animal welfare, I meant animal welfare rights—people who think this is wrong, and try to convince everyone else in the world that it is wrong. In every industry, in every sector, there are people who do wrong things. You have to have laws to protect whatever they are dealing with—whether that is children, old-age people, animals or whatever—and that is where the regulations have done really well, because they can ban the bad people, not give them a licence, and make sure that they are doing the right things, and they can also support the ones who do it correctly.

All people who go to see the circus have a choice about whether they want to see circuses, and they have chosen to see one. It is all very well saying that 97% of the British public support a ban, but there were only 12,000 replies. What have we got? Sixty-six million people? So that is miniscule—the people who replied. The people—families and children—who go to see the circus think it is wonderful. They do not like bad circuses, and neither do I—I have seen bad circuses, and I know what I like and do not like. I do not like the bad ones, but I will support good ones, and I support the licensing system we have.

[The Chair]

I should have advised everyone at the start that this session can run until 3.30 pm.

--- Later in debate ---

[The Chair]

Yes, that is what we are going to do now.

[Luke Pollard]

Q Thank you for your very helpful written evidence. One of my concerns about the Bill relates to the definitions of a travelling circus. I notice that in your written evidence, in section 5, you talk about your surprise that there is no definition of a travelling circus in the Bill, even though it defines other aspects of this. From the possibilities that you put down about a travelling circus, could you say why you think greater clarity on a definition is required in the Bill, and what the effect would be if there is not greater clarity and this becomes law?

Mike Radford: I can give a short answer: legal certainty. Everybody needs to know where they stand. One of the issues that came up this morning was about falconry and such things. What was not mentioned this morning was that last year Parliament introduced the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, which have been in effect since 1 October. They cover not performance, but animals that are being kept or trained for exhibition. Those have to be kept in mind, because it means that, regardless of whether the animals are wild or in circuses, there is some regulation. The other issue is that it is local authorities that license. Local authorities are going to need to know whether in any given situation an animal falls within those regulations, or whether it is subject to this ban.

[Luke Pollard]

So greater clarity would be helpful.

Mike Radford: It is essential, I think.

[Luke Pollard]

Q I agree entirely. In your submission you refer not only to travelling circuses, but to the definition of “wild animal.” We heard from the RSPCA this morning that it is broadly comfortable with the definition of wild animal in the Bill. Can you expand on your thoughts about clarity around the term “wild animal”, especially in respect of domestication? We have heard evidence today about when an animal is a wild animal and not a domesticated animal.

Mike Radford: I think that we have to distinguish between a wild animal, a domesticated animal, a trained animal and a tame animal, which can all be different. We used to keep highland sheep, which are undoubtedly domesticated, but I would not say that they were tame in any way whatsoever. A cat is a domesticated animal, but many of you who have cats will know that it is difficult to describe them as “trained.” These terms are used interchangeably, but they are in fact different.

Domestication is a scientific concept. It is a scientific test and it goes into the genetics, the psychology and physiology of these animals. Domestication seems to take place over many generations. The Animal Welfare Act uses the term “not commonly domesticated in the British Islands”. That is also what appears in the Bill. It is one of those terms where we all think we know what it means, but when we look at the detail and at particular cases, we see that domestication turns not on geography, but on the state of an individual animal. An animal that is domesticated in scientific terms will be domesticated wherever it is.

[Luke Pollard]

Q Can I ask one final, quick question, since we have your expertise in front of us? You said that the Bill says “not commonly domesticated”. One of the areas we looked is whether the word should be “commonly” or “normally”. Is there a legal difference between those two aspects, given that you are looking for legal certainty?

Mike Radford: They are not terms of legal art; it would be for a court to decide. On certainty, Ms McManus talked about the racing camels. We go to our local agricultural show every year, 20 miles north of Inverness. Two or three years ago there were racing camels there. I assume that they were on a tour. They would not normally have been regarded as a circus performance, or circus undertaking; it was a troupe of camels. Again, Parliament needs to decide whether there is an ethical argument for the ban, and that is a matter of judgment. If there is, it then needs to make very clear definitions in the legislation of the animals and the context. Otherwise, it is going to be a mess.

[Mr Seely]

Q I shall try to ask three brief questions, because I know that other colleagues want to come in and we have less than 20 minutes. To put it crudely, what is wrong with keeping a camel, a zebra or a raccoon if in the same circus there are horses, and also if we as a society raise chickens and pigs, frankly in what are sometimes quite cruel circumstances, and then just eat them at the end of it?

Mike Radford: I am here as a lawyer, not as an ethicist or scientist, but it is clearly open to society to make a judgment and decide that all those are unacceptable, some are unacceptable or none is unacceptable. So far as wild or non-domesticated animals in circuses are concerned, my understanding is that there is a view, which seems to be shared in Parliament and among certain elements of the public, that it is no longer acceptable, time has moved on and non-domesticated animals should not be used for performance and entertainment in this way.

Wild Animals in Circuses (No. 2) Bill

Luke Pollard Excerpts

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

I hope that the Minister will consider these points in good faith and perhaps, in another place, think about whether he wants to support any amendments to the law, particularly to bring us closer in line with what has happened in Scotland.

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

I am glad that we have found parliamentary time in this otherwise packed parliamentary schedule for this really important Bill—because this is a really important Bill. The focus on it and the attendance in the Chamber today should not be taken as a lack of interest in this important area. There is cross-party support for the Bill. I wish to put on record my thanks to the Minister for the way that he has led this Bill from the Government’s point of view, genuinely listening to the concerns of the Opposition, and particularly the concerns of the stakeholders that we have been giving voice to.

There are currently 19 wild animals in circuses. It has been made clear by the evidence we heard in the Bill Committee that the British public do not want wild animals in circuses any more. They want to see wild animals out of circuses. That means that the six reindeers, four zebras, three camels, three racoons, one fox, which is still not for hunting, one macaw and one zebu need to be freed. In doing so, we send a strong message that our values as a country will be put into legislation. This effort was started 10 years ago by the then Labour Government who tried to bring in a ban on wild animals in circuses. Sadly—sadly for many reasons—the general election got in the way and that was thwarted. It has taken us nine years to get to the point where this legislation is being considered by the House of Commons and I am glad that it is.

Labour will support this Bill in principle today, but there are some aspects that we would like to see strengthened. The hon. Member for Shipley (Philip Davies) raised a number of those in his opening remarks for this debate. As soon as this Bill receives Royal Assent, there should be no new wild animals in our circuses in the country. We should send a clear message to circus owners and to the general public that once this Bill has passed, not only will wild animals be banned from 20 January 2020, but no new licences for wild animals will be given by the Government—that is one of the amendments that I will come to in a moment. It is important that we prevent a last hurrah for wild animals in circuses. This is not just about the camels, the zebu and the macaw, but about the risk that we get other wild animals—elephants, tigers, lions and other wild animals that we currently do not have in our circuses—being brought back for a last hurrah. I am talking about a PR stunt by circus operators—those with animals now and perhaps those without—to say that they will give one last push to show a tiger perform tricks, one last push to show a lion stand on its back legs and clap, and one last push for people to see horrendous displays. That is not something that the Opposition want, that the Government want, or that the British public want. That will be one of the amendments that I will come to in just a moment.

In travelling circuses, wild animals are carted from one venue to another, sometimes in cramped cages and barren trailers and are taught to perform wholly unnatural tricks, often through fear of punishment. There is unequivocal evidence that wild animals are not suited to the travelling life where they are denied even their most basic needs. Animal welfare groups and Labour Members are concerned that, without extending the powers of entry to the police and without a power to seize wild animals, the enforcement of this Bill will be much more challenging than it needs to be. While this Bill is being brought forward on ethical grounds, Labour believes that we still must champion the welfare of animals through its implementation. Without the powers of seizure it will not be possible to ensure that the welfare needs of these animals are fully met in the future.

--- Later in debate ---

[David Rutley]

I do not know how to take that comment. I think I will move on.

Again, we do not feel that the amendment is necessary if an animal is in distress, when the Animal Welfare Act 2006 already provides powers for the police to respond quickly. The offence we are talking about—a ban on use on ethical grounds; let us keep that in the front of our minds—does not require such an urgent response. It does require a response, but it does not have the same immediacy. It can happen only in the context of a public performance, which will of course take place in a public place. If a travelling circus wanted to break the law, it would have to do so in front of an audience. An inspector could be at the circus in sufficient time, and the schedule provides powers to search for evidence. As outlined in the schedule, that includes questioning any person on the premises, taking samples and taking copies of documents. Indeed, inspectors can seize anything, except an animal, found on the premises that they reasonably believe to be evidence of the offence in clause 1.

We do not believe it necessary to extend these powers to the police. DEFRA has approximately 50 circus and zoo licensing inspectors, who are qualified and experienced in identifying and, if need be, handling species of wild animals. In fact, in Committee, my hon. Friend the Member for Truro and Falmouth (Sarah Newton) made the point that we do have the expertise, and I think it is best to get qualified veterinarians or people with extensive experience of working with captive animals to take care of this work. Few, if any, constables would have that level of knowledge, as my right hon. Friend the Member for Hemel Hempstead pointed out.

In the rare cases where a police presence is needed, as I explained in Committee, the Bill also provides powers for an inspector to take up to two other people with them on an inspection. These could include a police constable, who would be able to exercise, under the supervision of the inspector, the powers of inspection provided in the Bill. Let me assure the hon. Member for Plymouth, Sutton and Devonport and other hon. Members that the guidance DEFRA will issue will also make it clear that police constables are able to accompany inspectors during the inspection, and I have also set that out to him in writing. I hope that gives him and other Members a greater degree of assurance that the police will be able to play a role, as required.

[Luke Pollard]

Will the Minister go into slightly more detail about where the guidance will land on that point? Will the police constable be one of the two people who can accompany an inspector, or will that be in addition to those two people, since there may be very good reasons why certain specialists are required for certain animals?

[David Rutley]

That is a good question, and we will take a closer look at that. At this stage, it would be one of the two people, but that is something we can take a closer look at.

I accept the point that has previously been raised that the Scottish Act provides powers for police constables to enforce the legislation. The Scottish guidance states:

“Although constables are provided powers for enforcement, it is expected that it will primarily be Local Authorities that will enforce the Act as part of other responsibilities relevant to travelling circuses.”

Even under the Scottish Act, the police are not seen as the primary inspection force.

Since Committee, DEFRA officials have discussed enforcement of the Bill with the chief constable of Hertfordshire constabulary, Charlie Hall, who is the national policing lead on animal matters. The view of the police is that while they would of course support DEFRA-appointed inspectors, should this be required, they do not want to take on the additional responsibility of being the primary enforcer of what is a very specialist area of business. They see their role as being one of support in keeping the peace when necessary to enable inspectors to conduct the work provided for in the Bill.

Mention has been made of the National Wildlife Crime Unit, and we certainly respect its contributions, but we are concerned here with an offence involving captive wild animals, not wildlife crime, so it is unlikely that that group will have a primary role in inspection. That will be for the other inspectors we have talked about.

--- Later in debate ---

[David Rutley]

I think that is a perfectly fair point, but the point I am trying to make, to reassure colleagues, is that we have 50 inspectors who are well trained to take care of this. Of course, we would get the police involved at the right time, and we will put that in guidance. We can anticipate that there may be circumstances in which we need to get the National Wildlife Crime Unit involved, and we will set that out as appropriate. Again, I hope that the points I have made give sufficient reassurances to hon. Members, and that the hon. Member for Plymouth, Sutton and Devonport feels that he need not press amendment 4.

I turn to amendment 2, tabled by my hon. Friend the Member for Shipley. He seeks to prevent circus operators from euthanising their wild animals, which is something we all want to be avoided, unless they have permission from a qualified vet. Again, I assure him that these issues were raised directly with the circuses during the evidence session. I understand the sentiment behind the amendment, but we have not seen any evidence that current circus operators would seek to euthanise their animals. Indeed, the two remaining circuses have assured us that they would not do so. In oral evidence during the Bill’s Committee stages, Peter Jolly senior was clear that:

“I would change my business to something else, but the animals would stop with me.”––[Official Report, Wild Animals in Circuses (No. 2) Public Bill Committee, 21 May 2019; c. 42, Q107.]

Carol MacManus suggested that the other circus, Circus Mondao, was considering either rehoming its wild animals or keeping them at winter quarters with people to supervise the animals

“because we would have to look after the animals.”––[Official Report, Wild Animals in Circuses (No. 2) Public Bill Committee, 21 May 2019; c. 50, Q152.]

They are concerned about their animals and consider them to be part of their family.

I would also point out that, in practice, the amendment would unfairly target circus operators by requiring them to obtain permission from a veterinarian to have an animal euthanised. No such legal requirement exists for pet owners or other owners of working animals who operate a business. As we have discussed, we do not need to seize an animal under the Bill to prove that an offence of using a wild animal in a travelling circus has been committed. The other thing it is important to set out to my hon. Friend is that retirement plans are in place for these wild animals, and the Animal Welfare Act will of course continue to apply to protect these animals. Once again, I hope that the points I have made will give reassurances to my hon. Friends and to Opposition Members.

New clause 4, as set out by the hon. Member for Plymouth, Sutton and Devonport, aims to prevent new animals from being added to existing licences and to prevent new licences from being passed, and amendment 3, tabled by my hon. Friend the Member for Shipley, seeks to allow the circuses two more years on their existing licences. We do not believe new clause 4 is necessary, although I understand what the hon. Member for Plymouth, Sutton and Devonport is seeking to achieve with his amendment—to mitigate the risk of additional wild animals being brought into travelling circuses between Royal Assent and the Bill coming into force on 20 January 2020. New clause 4 appears to be intended to come into force on Royal Assent; I think that is the intention. By convention, there is a strong presumption against commencing any earlier than two months after Royal Assent, because the public are entitled to be given a reasonable period of time to adapt to a change in the law and to reorganise their affairs in response to it. It would be highly unusual to commence a clause such as this on Royal Assent.

Paragraph (a) of new clause 4 seeks to prevent new licences from being issued after the Bill has passed, so it would apply only to new travelling circuses or existing ones that currently do not use wild animals in their performances. If a travelling circus wished to start using wild animals before the end of the current touring season, typically at the end of October—for those who have not been part of this debate, circuses would not continue until 20 January, because they normally stop performing at the end of October—it could technically have a last hurrah, and the hon. Gentleman has made that point with conviction. However, it would have to apply for a licence as soon as the Bill was published to maximise the revenue it would want to get. I reassure hon. Members that DEFRA has received no inquiries from anyone regarding even the possibility of an application for a new licence.

If, however, a new circus decided to apply for a licence, say, next week, DEFRA’s application takes a minimum of six weeks, and for a new circus unfamiliar with the demands of our licensing regime, it could take considerably longer for an application to be determined. Both current licensed circuses, when they first applied for a licence, needed to be inspected twice before their licence was awarded, and those inspections took place at winter quarters, which is an easier place to conduct an inspection; even then, both applications took two months to be approved. Even if a circus were to submit an application for a licence next week, it would be able to use its wild animals for, at most, 14 weeks or three months before the end of the current touring season.

[Luke Pollard]

That is quite a long time.

[David Rutley]

The hon. Gentleman says that is quite a long period. It is long enough to take what he is saying seriously. We understand his arguments, but for the sake of completeness, I want everyone to understand the processes.

Paragraph (b) of the new clause would affect circuses already licensed by DEFRA. The two licensed circuses still using wild animals have not said that they have any plans to add further wild animals. Given that a ban will be in place before the next touring season, it would make little economic sense for them to invest in new trained animals or equipment now, and significant changes to a performance require planning, which would usually happen when the circus is at winter quarters, from late October onward. Also, in the unlikely event that a circus sought to add a wild animal to an existing licence, the proposed moratorium would not prevent that from happening between now and the moratorium coming into effect.

I assure the House that that is a highly unlikely scenario. The current 2012 licensing regime would safeguard the animal’s welfare. Existing licence conditions require circuses to provide DEFRA with at least two weeks’ notice of their intention to add a wild animal to their circus, and inspection would follow as soon as possible after the animal’s arrival in the circus. The Government accept that that leaves open the possibility—albeit a very small one—that new animals could be used in travelling circuses for a maximum of 14 or 16 weeks, or just over three and a half months, if the licence application was submitted and approved, unless the proposed early moratorium comes into effect. Although we have had no indication that any circus in the UK would try to make use of such a gap, I understand the concerns expressed by the hon. Member for Plymouth, Sutton and Devonport and my right hon. Friend the Member for Hemel Hempstead. I will take the matter away and, ahead of Committee stage in the Lords, consider how best we can ensure that no new wild animals are used in travelling circuses by the time the ban comes into force on 20 January 2020.

On amendment 3, tabled by my hon. Friend the Member for Shipley, we believe that circuses have had enough time to plan for the ban. He suggested, I think probingly, that the decision has only just been made; in fact, the legislation has been long in gestation, and the general feeling is that it would have been better had it been introduced sooner. I think we all share that view. It has been difficult to get parliamentary time. Circuses have had six and a half years to prepare, ever since the introduction of the licensing regulations, which contain a sunset clause that made it clear that the ban would be in place by January 2020. We do not believe, therefore, that the amendment is necessary.

The Government have always been clear that the licensing regulations were an interim measure only. It is important to highlight that licences must be renewed every year, and in February last year we reaffirmed that any license issued to circuses this year would be the last, because a ban would be in place by the time the interim regulations expired on 20 January 2020. The coming into force date of the Bill aligns with the expiry date of the regulations, which means that the two circuses will be able to update and plan their routines for next year while they are not on tour, as the majority of circuses would do anyway.

It should not be too difficult for the circuses to replace the wild animal elements of their shows. DEFRA has been inspecting these circuses at least three times a year for the last six and a half years. Our inspections show that the animals, where they are used, are used for only about five to ten minutes as part of a two-hour show. As long as the ban comes into force during the winter season, which has always been the Government’s intention, we believe that the two circuses have enough time to adjust their routines. Indeed, there are about 25 circuses in the UK and Ireland that do not use wild animals in their show, and they operate successfully. They show what can be done. To reassure my hon. Friend further, comparisons with ticket prices in other travelling circuses that do not use wild animals do not show a premium for seeing or involving wild animals.

I should add that the amendment does not reflect the fact that the interim licensing regulations expire next January. The amendment would therefore permit wild animals to be used in travelling circuses for two years—that is, to 2022—with a much lower level of scrutiny than they have been subjected to for the last seven years. In those circumstances, I would certainly share the concerns about more wild animals being introduced into travelling circuses. A two-year moratorium, with no DEFRA licence required at all, could well lead to more wild animals being used in travelling circuses. That is not something this Government would agree to.

I hope I have made it clear why the Government believe that next January is an appropriate date for the ban to come into force, and that hon. Members in all parts of the House are reassured by my comments. I hope my hon. Friend feels that it would be best were he not to press his amendment.