Wild Animals (Circuses)

Mark Pritchard Excerpts

Thursday 23rd June 2011 Commons Chamber

[Mark Pritchard (The Wrekin) (Con)]

I beg to move,

That this House directs the Government to use its powers under section 12 of the Animal Welfare Act 2006 to introduce a regulation banning the use of all wild animals in circuses to take effect by 1 July 2012.

I would like to record my thanks to all the members of the Backbench Business Committee for the opportunity to raise this important issue. I would also like to thank the Clerks for all their helpful advice and assistance in preparation for today’s debate.

It has been an interesting few days. It remains a mystery why the Government have mounted such a concerted operation to stop a vote on this motion, or indeed a vote on any amendment that would allow a ban on wild animals in circuses. I was flexible on amendments.

[Mr Denis MacShane (Rotherham) (Lab)]

Will the hon. Gentleman give way on that point?

[Mark Pritchard]

I am going to take only two interventions, but all right.

[Mr MacShane]

I am grateful to the hon. Gentleman. Will he confirm that he and his Conservative colleagues who are in favour of helping the lions and the tigers have been put under pressure not just by the lance corporals of the Whips Office, but directly from No. 10, the heart of Government? What is it with our Prime Minister that he should have no affection for the lions and tigers waiting to be released from caged imprisonment?

[Mark Pritchard]

All I can say is that 64% of Members of this House support a ban on wild animals in circuses. I cannot speak for the Prime Minister; he can speak for himself.

It has been an interesting week. This is a Government who have said from the outset that they want to reassert the authority of Parliament. This is a Government who have said that they want to listen to people. Some 92% of the British public want a ban on wild animals in circuses. More than 200 Members of this House have signed an early-day motion supporting a ban, and in a YouGov poll for Dods, 64% of Members of this House said that they want a ban, so why are the Government not listening to the will of this House and, more importantly, the will of the people?

[Mr Don Foster (Bath) (LD)]

On the hon. Gentleman’s point about the Government wanting to reassert the importance of this House, will he explain why they still appear to be claiming that Europe could somehow intervene and prevent us from acting? Will he also confirm that the relevant commissioner said only a few days ago that responsibility for the welfare of circus animals remains in this country, with this House?

[Mark Pritchard]

My hon. Friend makes an accurate and pertinent point, which, if I may, I would like to address later.

I want to focus on the interesting past few days. On Monday, in return for amending my motion, dropping it or not calling a vote on it—and we are not talking about a major defence issue, an economic issue or public sector reform; we are talking about the ban on wild animals in circuses—I was offered a reward, an incentive. If I had amended my motion and not called for a ban, I would have been offered a job. [Hon. Members: “Ooh!”] Not as a Minister, so those who are competing should not panic. It was a pretty trivial job, like most of the ones I have had—at least, probably, until 30 minutes from now. I was offered incentive and reward on Monday, and then it was ratcheted, until last night, when I was threatened. I had a call from the Prime Minister’s office directly. I was told that the Prime Minister himself had said that unless I withdrew this motion, he would look upon it very dimly indeed.

Well, I have a message for the Whips and for the Prime Minister of our country—I did not pick a fight with the Prime Minister of our country, but I have a message. I might be just a little council house lad from a very poor background, but that background gives me a backbone, it gives me a thick skin, and I am not going to kowtow to the Whips or even the Prime Minister of my country on an issue that I feel passionately about and on which I have conviction. There might be some people with other backbones in this place, on our side and the other side, who will speak later, but we need a generation of politicians with a bit of spine, not jelly. I will not be bullied by any of the Whips. This is an issue on which I have campaigned for many years. In the previous Parliament I had an Adjournment debate and I spoke in the passage of the Animal Welfare Act 2006. I have consistently campaigned on this issue, and I will not kowtow to unnecessary, disproportionate pressure.

[Tony Baldry (Banbury) (Con)]

Will my hon. Friend give way?

[Mark Pritchard]

I am sorry, but I am afraid that I cannot give way because I have very limited time, although I am sure that it would have been a wonderful intervention from my hon. Friend, as they usually are.

The fact is that we are now in a place that I hoped we could have avoided. I tried to co-operate. Even last night in the Lobby, I spoke to the Whips and said, “Perhaps we can amend the motion”—

[Angie Bray (Ealing Central and Acton) (Con)]

On a point of order, Mr Deputy Speaker. Are we actually going to get on to the substance of the debate at any point, rather than discussing my hon. Friend’s—[Interruption.]

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[Mark Pritchard]

Thank you, Mr Deputy Speaker.

Today, this country has three travelling circuses with a total of 39 wild animals, including zebras, tigers, lions and camels. Until the recent exposure of the brutality with which Annie the elephant was treated, there were also elephants, but there are now no elephants in circuses in England. Let us remember that this measure applies to England only. I give credit to the Scottish National party for possibly moving towards a ban in Scotland.

The trouble with the Government’s proposed licensing scheme is that it would create a new generation of animals that could be imported. It would give a green light to new imports. We might not have any elephants left in our circuses now, but we would certainly have some if the new licensing regime came into effect. My concern is shared by 92% of the public, and there are very few public policy areas that attract that support. I am concerned about the cruel and cramped conditions in the housing and transportation of these wild animals. Countries including Singapore, Bolivia, Israel and Hungary have banned the use of wild animals in circuses. Many of those circuses are commercially successful. I should also like to pay tribute to the media, especially The Independent and the Sunday Express, which have campaigned on the issue for many years.

I want to address the specifics of the Government’s proposal for licensing. It is well intentioned, but it will not improve animal welfare. It would be difficult to monitor, implement and enforce. The licensing regime would also be very costly; it could cost taxpayers more than £1 million. An unintended consequence of the regime could be inadvertently to legitimise the import of new animals and continue the use and, I believe, exploitation of wild animals in circuses. Are colleagues really prepared to vote for that today?

Some of my colleagues have quite legitimately approached me to say, “I don’t really believe in banning things.” I take a similar approach, but I like to look at each case on its merits and take each issue case by case. If we followed the logic that we do not like to ban anything, the House would not have banned bear-baiting, badger-baiting or dog fighting. Perhaps we would also not have banned carrying knives in a public place, or even slavery.

Some myths have been put about prior to this debate. It has been said that passing this motion would result in the end of zoos. That is not right; the motion would not affect zoos. It has also been claimed that it would put an end to falconry, but that is not right either. It would not affect falconry. It relates only to wild animals, some of which I have listed. The definition of a wild animal is a species that does not originate in the British isles.

Concern has also been expressed in the Department for Culture, Media and Sport about the effect of the motion on the entertainment industry. I reassure the House that it would not have an impact on the film and television industries. Paragraphs 34 and 37 of the Department for Environment, Food and Rural Affairs’ regulatory impact assessment state that travelling circus animals are entirely different from those kept in static locations by private keepers. I hope that with the advancement of digital technology, there will eventually be an end to the use of wild animals in films and on TV because when they are not being used many of these animals are warehoused like a carton of vegetables.

I shall concentrate primarily on the legal issues. Notwithstanding the Government’s written ministerial statement of 13 May and the subsequent revised Government response on 19 May to an urgent question, I hope that the Government will accept that there are no legitimate outstanding legal impediments to prevent a ban in England.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

rose—

[Mark Pritchard]

Forgive me, but I am not giving way. I know that the hon. Lady has a long track record on this issue, but I am pressed for time.

If Mr Speaker had selected the amendment this morning, which is relevant to this point, it would have kicked this motion into the long grass and there would have been no ban on the use of wild animals because we would have had to wait, as a country, for other legal cases to be dealt with in other parts of Europe. That, in itself, is a red herring.

In his statement to the House last month, the Minister told Parliament, at column 497, that a court case “against the Austrian Government” would “commence shortly”, given that the Austrian Government wanted to introduce a ban. I understand that the papers have now finally been submitted to the court in Vienna, but there is no live case. Interestingly, despite outright bans in other EU countries—I have already listed some and I could add Greece and Luxembourg—a legal case has never been brought or won before. It is not uncommon to hear of Governments sheltering behind courts in Brussels or Strasbourg, but to hear Ministers in my own Front-Bench team say that this Government are now sheltering behind a domestic court in Vienna is a completely new innovation.

There are two further flaws in the Government’s so-called legal defence. Are the Government of this country suggesting that the threat of legal action or the possible outcome of court cases is enough to paralyse Government decision making? Fear is not usually a prerequisite to success. What is more, the Government are seeking to put Vienna before the courts in London. If the Government waited for the court case in Vienna— the papers have been submitted, as I said—the case went through and the European Circus Association lost, there would be an automatic appeal to the European Court. That would add more delay and procrastination, further getting the Government off the hook when it comes to introducing a ban in this country. Even if that case were spent, there could be another European court considering another case in another European capital.

Notwithstanding my comments, the reality is that the Government’s Austrian defence is a red herring, given that the European Commission has clearly stated that a ban is a matter for member states alone. It is an issue that English courts decide. Surely that is something to celebrate in this age of judicial creep from Europe, and also something to exercise and implement. A ban can be introduced in an English court— without waiting for other European capitals to decide and without interference from Europe, which makes a refreshing change.

The Government have invoked the Human Rights Act 1998—yes, that old chestnut. The sooner the Government scrap the Act and introduce a British Bill of Rights, the better for everyone. Let us test the Act in an English domestic court, where even Brussels wants such cases heard. Let the Government have the courage of their own convictions. Legal advice from the Department for Environment, Food and Rural Affairs itself suggests that a ban might breach circus owners’ property rights under the Human Rights Act, so let us test it in the courts. Let us see what the courts have to say—the courts in London and England, not in Vienna, Brussels, Strasbourg, Copenhagen or some other European capital.

I pay tribute to the Minister of State, who has been put in a very difficult position. On 19 May, he courageously and bravely told this House that he personally would like to see a ban on the use of wild animals in circuses. We also know that officials at the Department for Environment, Food and Rural Affairs want a ban on the use of wild animals in circuses, and it is reported that the Secretary of State herself is minded to favour a ban, yet No. 10 has overruled: so much for devolving power and allowing Departments to get on with their own business, and so much for ending the control-freakery of No. 10; it appears that that tendency under the last Government is continuing under this one.

The Government have also invoked the European services directive, saying that a ban would breach it and would fail to meet the proportionality legal test. I can tell the House that that is not the case, and that the European Commission has denied that it is the case.

I appeal to the House to support my motion. Let us get Britain back to where it was in the last century—leading, rather than lagging behind, the world on animal welfare issues—and let us put an end to the use of wild animals in circuses.

[Several hon. Members]

rose—

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[Andrew Rosindell (Romford) (Con)]

Animal welfare matters to the British people, but we in the House have a duty and responsibility to make decisions on issues relating to animal welfare based on facts, knowledge and science. If we make decisions based purely on opinion polls and emotions, we shall get ourselves into great difficulty. I heard nothing in the speech of the hon. Member for The Wrekin (Mark Pritchard) about the actual welfare of animals.

[Mark Pritchard]

Will the hon. Gentleman give way?

[Caroline Lucas (Brighton, Pavilion) (Green)]

Will the hon. Gentleman give way?

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[Andrew Rosindell]

May I make some progress before I give way?

Instead of basing my views purely on what the newspapers or the opinion polls say, I looked into the matter. The truth is that in this country only a small number of animals are in circuses: 39 in total. They are not captured from the jungle and dragged to the circus; many have been born and bred in circuses for generations. [Interruption.] Their entire rhythm of life is based—

[Mark Pritchard]

Will the hon. Gentleman give way?

[Andrew Rosindell]

Not at the moment.

For those animals, their entire rhythm of life is based on what they have known since they were born. On the face of it—

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[Andrew Rosindell]

Non-domesticated—they are wild animals, but when lions and tigers are 10th generation born in that environment, we are no longer talking about a lion taken out of its natural environment and dragged into the circus. I am afraid to say that the issue is often used by organisations for fundraising. Charities and animal rights groups raise money, and the issue is raised to attract political support and donations, by whipping up emotions instead of treating the facts as they are.

[Mark Pritchard]

Will my hon. Friend give way?

[Andrew Rosindell]

No, I will not.

We have the Animal Welfare Act 2006—a brilliant piece of legislation from the last Government, which we supported—and it can be used when cruelty occurs, but I appeal to the House: do not go with the crowd, look at the facts, do not wrench those creatures away from the life that they are used to and have grown up in. If you do that, you will be more cruel than leaving them where they are, with the people and in the environment that they are used to.

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[Jim Dowd (Lewisham West and Penge) (Lab)]

That contribution can best be described idiosyncratic, or idiotic, depending on the point of view taken. To say that it is not about the welfare of animals is either a display of stupidity that is quite mind-numbing or a deliberate attempt not to face up to the heart of the issue. As the hon. Member for The Wrekin (Mark Pritchard) said in opening the debate, this is entirely about animal welfare. Only about 40 or so animals are involved—there are various numbers; perhaps it is 36 or 37—but the numbers do not matter. What matters is cruelty.

[Mark Pritchard]

I am grateful to the hon. Gentleman for giving way, in the absence my having been able to intervene on my hon. Friend the Member for Romford (Andrew Rosindell). The hon. Gentleman needs to be careful not to be too harsh on my hon. Friend, who wrote the foreword in 2009 for the Great British Circus and previous forewords as well. Perhaps that is why he would not allow me to intervene.

[Jim Dowd]

I am grateful to the hon. Gentleman for that intervention; I suspect that he might be on to something.

I am puzzled because this is a relatively minor issue: as I say, somewhere between 36 and 40 animals are involved. The hon. Member for Brighton, Pavilion (Caroline Lucas) quoted the British Veterinary Association. The hon. Member for Romford (Andrew Rosindell) did not grasp the difference between domesticated and captive animals. Captive animals may still be wild and nowhere near domesticated. Even until the nth generation, they remain wild and their instincts are those of wild creatures. The British Veterinary Association said that in captivity in circuses, there are no circumstances under which such animals can demonstrate their natural behaviour. That will remain the case, regardless of a regulatory scheme. The big disadvantage of a regulatory scheme is that it would be a more complicated way of dealing with the matter and it would be much more likely to increase, not reduce, the number of wild animals being used in circuses.

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[Jim Dowd]

I agree strongly with my hon. Friend. When we speak to those involved with zoos and aquariums, it is clear that they are looking carefully at the kind of animals that they will and will not exhibit. Large mammals and large carnivores are very much at the top of their considerations.

As just about every Member knows, animal welfare is one of the most persistent issues raised with us by our constituents over time. From the 19 years that I have been in the House, I have a database running into many thousands of people who have raised various issues with me. People feel very strongly about these issues, and rightly so. It is the hallmark of a civilised nation that it has the highest possible animal welfare standards, and I still believe this to be a civilised nation. There is a maxim that suggests that the hottest corner of hell is reserved for those who are cruel to children and animals, and in that regard, despite being a life-long atheist, I hope that there is a hell.

Constituents raise concerns with us because they care about them. For the hon. Member for Romford—I do not want to concentrate on his contribution, but it really was quite extraordinary—to describe the entire pantheon of animal welfare organisations, many of which have royal charters and have been around for decades, if not centuries, as part of some kind of trendy conspiracy invented simply to please Guardian readers is ludicrous.

I accept that the Minister is in a difficult situation, and he has made his personal opinion clear. What I cannot understand—the hon. Member for The Wrekin alluded to this—is why the Government have handled such a relatively straightforward issue in this fashion. The idea of No. 10 getting personally involved in such as issue shows a curious lack of proportion. It also appears curious when tested against the idea that the Government are now listening and that listening is a sign of strength.

[Mark Pritchard]

I am pleased to announce that the coalition Government, certainly on the Conservative side, have heard the voice of the British people, seen sense and will now allow a free vote on the matter.

[Jim Dowd]

Well, there are free votes and there are free votes. To paraphrase George Orwell, some of them are more free than others. There is a great deal more to be said on the matter, but unfortunately not by me. I urge Members to support the motion.

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[Neil Parish]

Perhaps I am being criticised for taking a pragmatic view on this. I want a ban and the only reason for the amendment was that the requirement in the motion that a ban would have to be in place in 12 months might not have settled the legal situation. We do not want to give the Government an excuse not to move towards a ban.

[Mark Pritchard]

To which legal cases is my hon. Friend referring? There are currently none in England, the United Kingdom or in European law. There is only one possible case in Austria. Is he, as a former Member of the European Parliament and allegedly a Eurosceptic, suggesting that we should wait for the decisions of domestic courts in other capitals, let alone in European courts, before making our own decisions in this country?

[Neil Parish]

I covered that point at the beginning of my speech when I said that the case in Austria is not a good one on which to put the whole plank of the Government’s reasons for why we cannot ban the use of wild animals in circuses. As far as I am concerned, the only reason for the amendment was to give the Government time to come forward with a ban. Clearly, there is a move from all parts of the House to ban the use of wild animals in circuses. Now we want to hear from the Minister very clearly what the timetable for that will be, how we are going to deal with the court case and how we will move to a ban as quickly as possible.

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[Gavin Shuker]

I am delighted to say that we had a clear commitment to do that in this Parliament. As a Member of Parliament, I share the desire, expressed across the House, to implement the ban. We must be clear that the barrier to implementation is the Tory-led Government, who found the roadblocks in the first place. I hope that we will hear much more about that.

[Mark Pritchard]

Has not the strength of the debate been the cross-party consensus? Notwithstanding the right of any Member to make points about this Government or previous Governments, that strength has been shown in all Members working together, reflecting the will of Parliament and the British people.

[Gavin Shuker]

I am glad to associate myself with those sentiments. There are serious questions to be asked about the process—we will certainly ask them at a later date—but the most important thing about tonight’s vote is that we follow the Members who raised the issue in the first place through the Division Lobby and ensure that a ban is enacted.

One of my major concerns if we do not pass the motion is that circuses are saying that the Government’s licensing scheme could produce an increase in the number of performing animals in British circuses. Surely, that alone must give us pause for thought. The issue is straightforward, and the solution is pretty clear. The Government should introduce a ban under the previous Government’s Animal Welfare Act 2006.

Events have moved on in the House since we started the debate. It now seems clear that there will be a free vote. I am glad to hear that because I believe that, on such issues of conscience, we are strongest as a House when we stand together against practices that have no place in a modern society. Perhaps more importantly, I believe that the DEFRA ministerial team had the right position in the first place. They instinctively felt that a ban was the right way go on the issue. For that reason, I should like to encourage them to go through the Lobby with us tonight to make a clear and definite case about the kind of society that we seek to create, and in doing so, we will be much stronger as a House together.

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[Mark Pritchard]

I pay tribute to and thank the Minister, who has been very brave and courageous today and deserves a parliamentary medal for a valiant attempt to defend the indefensible, given his personal position, which he stated clearly on the Floor of the House on 19 May. I thank also all Members from all parts of the House for a very vibrant debate that has informed the House on a range of issues relating to what I and, more importantly, 92% of the public believe is an important issue.

This nation once led the world in animal welfare. There is no reason we cannot drag ourselves into the 21st century and regain and reclaim those global animal welfare credentials. That is why I hope that Members will support my motion.

Question put and agreed to.

Resolved,

That this House directs the Government to use its powers under section 12 of the Animal Welfare Act 2006 to introduce a regulation banning the use of all wild animals in circuses to take effect by 1 July 2012.