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.