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.

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[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.

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[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.

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[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.)