Wild Animals in Circuses (No. 2) Bill

Mike Penning Excerpts

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

In conclusion, I would like to draw on some of the words of Professor Stephen Harris, who was the expert commissioned by the Welsh Government to look into the welfare of wild animals in travelling circuses. His report, 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”. We need to make sure that all animals have a life worth living. If the Minister can look favourably on these amendments in the spirit in which they are tabled, we can move this Bill forward in a spirit of cross-party co-operation to ensure that there are no more wild animals in our circuses. We can have a future where those wild animals are able to enjoy themselves and live out the rest of their lives in more natural surroundings, and not forced to entertain for human pleasure in sometimes difficult and cruel environments.

[Sir Mike Penning (Hemel Hempstead) (Con)]

It is a pleasure to speak at the Report stage of this Bill. I apologise to the House that I was not able to speak on Second Reading. That is probably why I was not invited to serve on the Bill Committee. For me, this is, exactly as the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) said, an ethical question. It is not about animal welfare, although there are some real animal welfare issues, as we have seen over the years in fly-on-the-wall documentaries and other reports of animals being abused and kept captive.

There are two major parts of this Bill where the Minister should listen to the proposals in the Opposition amendments as well as in the amendments tabled by my hon. Friend the Member for Shipley (Philip Davies). As a former Policing Minister, I know that the police will not want an officer to be the sole person with the knowledge to go in and carry out this activity. Let us put that on the record now—they would not want to do that. There is a completely different reaction from members of the public, whether they are running a circus or any other organisation, to an inspector arriving and to an officer of the constabulary arriving, particularly together. That is the sort of reaction that we need to have.

The excellent National Wildlife Crime Unit, which was also under my portfolio, is a small unit, and it might well need some extra resources if it were to take this duty on in general. The principle of that unit means that it is exactly where the power should come from. That should be addressed within the guidance, as it is probably easier for it to be done in that way. This applies to the 43 authorities in England and Wales. Scotland already has legislation just like this Bill. My hon. Friend the Member for Shipley was just telling me that it was actually better, in principle, and we are trying to make this Bill better through some of the lessons that have been learned there.

I absolutely agree that no new animals at all should be allowed into circuses in this interim period. We are trying to go with public opinion, which has changed over the years. My eldest daughter is now 30 years of age.

[Philip Davies]

Never! She doesn’t look old enough.

[Sir Mike Penning]

She does not look 30 years of age, as my hon. Friend comments. She said to me when she was about 11 years of age, “Daddy, I’m going to be taken to a zoo by the school, and I don’t want to do that. I don’t want to see animals in cages.” We have never gone to a zoo and never gone to a circus that has had live animals. My youngest daughter is 28 and my eldest daughter is 30. My eldest daughter is now a marine biologist, so the House can probably realise where I am coming from on this. If we are going to make a law that says that we are banning live animals in circuses, let us do that for them, and for the public. If there are animal welfare issues, that can be picked up, but actually over the years it has not been, which is why we are going to ban it ethically now.

Should the animals be taken if they are found in this situation? This is a really difficult grey area that the Minister is going to have to address. Why would someone travel with an animal if they have not been training it and using it? Why would they keep it in its winter quarters when perhaps there are better types of quarters that it could be kept in? If it is travelling, why would they do that if they are not using it within a circus production? I hope that there can be an accommodation in this Bill—whether in this House, around guidance, or as it proceeds to the other House, which will also understand that the public are with us on this—whereby we can do what it says on the tin. This Bill says that we are going to ban live animals in circuses—we are going to protect those animals should they be in a circus.

There will be loads of good will out there regarding these animals. The hon. Member for Plymouth, Sutton and Devonport said that he tweeted out about this —yes, but they have to go to the right place. We are talking about myriad different types of animal that are used within circuses. It is really important that these animals go to a place of expertise to be looked after, because a lot of them may well have been through very stressful procedures. They may have been in a circus nearly all their life and then they are taken to a completely different environment. That takes a degree of professionalism and expertise. That has to be addressed in terms of payment, which should come from the circus, as they are the people who are responsible for these animals. They can be passionate about them. I have heard some of the debates in public over the years where they have said, “We love these animals.” I do not doubt that, but we need to say, “If we have a situation where we are going to have to remove animals from you, as an organisation, then it is not right for the taxpayer or a charity to pick up that tab—it is your job.” We need to consider how we can move that forward within the guidance. Perhaps the other House will debate this for a little bit longer.

We are trying, on principle, cross-party and as a nation, to get the animal rights part of this right. My kids—our kids—are driving this forward. It is like the environmental arguments that are going on out there at the moment. They are right, because it is their future, not our future. I have been lucky enough to be in Kenya with the military and have been in most of the safari parks. Seeing an animal in its natural environment coming down to the water hole in the evening because that is what it naturally does is an absolutely moving thing, not like seeing an elephant standing on its back legs in a circus, which is very damaging for the animal.

The House should be very proud of bringing this legislation forward. I would disagree only slightly with the hon. Member for Plymouth, Sutton and Devonport on one thing. The previous Labour Administration had a huge majority—an absolutely enormous majority. They could have got whatever legislation they wanted through this House at any time during that period, but it is a Conservative Government who have brought this through. I am very proud of that, but it should have been brought in years and years ago.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is an honour to participate in the debate, and I welcome the genuine cross-party spirit. We are good friends on these issues, and it is good to hear well-informed, well-thought-through opinions, which will add to what we are taking forward. I congratulate the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) on setting out his concerns so clearly. We have spoken outside the Chamber, to facilitate further discussions, which shows the cross-party approach we are taking.

Animal welfare is a vital issue for everybody in the Chamber. All Members here have played an important role in trying to secure debates and take forward legislation on this issue. It is time to stop the outdated practice of wild animals performing or being exhibited in circuses. I will go into some technical details, but I think we all agree that we need to move in that direction.

--- Later in debate ---

[Sir Mike Penning]

There could be a situation in which a wild animal has been inappropriately brought into a circus. We are not talking about everything coming from Africa or Asia; it could, for instance, be a wild animal from the UK, or one illegally imported. There are people who have that area of experience, and all we are asking for in the guidance is that they should be appropriately contacted and their expertise used, should that be needed.

[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.

--- Later in debate ---

[Sir Mike Penning]

My right hon. Friend the Member for North Thanet (Sir Roger Gale) has addressed exactly the memory loss that I had during my speech on Report. I could not remember the dates when the all-party group dealt with this. I was here in a different capacity at that time. All of us would understand the situation in ’97, when there was so much legislation from a new Government. Finding time was difficult, but there was a huge majority on this issue and it was not contentious. I remember the discussions absolutely vividly. People were saying, “Would you do this private Member’s Bill? Would you take this forward? Would you go into the ballot?” It has taken until today to get the Third Reading of a Bill that, frankly, is a no-brainer in this day and age.

I am thrilled that the Minister has taken on this Bill and by the way in which he has done so. I was not invited to go on the Public Bill Committee, and I was genuine when I said that I would have loved to. I was not here on Second Reading, so people obviously thought that I was not interested, and so on—but we are where we are.

I hope that when this very short Bill goes to the Lords they will look at what this House has done—how we have come together—and move the Bill through the other place quite fast so that it can be on the statute book in time for what the Minister is looking at doing.

People out there will say, “We miss this” and “We miss that”, but there is not very many of them. As the Minister said, the country has changed. If we had tried to bring this Bill through in the ’70s and ’80s, we might have struggled, because people were different. I am not saying that they were bad, but what was acceptable then is not acceptable now. Making animals do things that are completely unnatural to them is not acceptable. I vividly remember one of these fly-on-the-wall videos that was taken at one circus—I will not name it, because a lot of circuses were bad. People were abusing and torturing animals to make them do things that were not natural. I hope that the Bill means that that never, ever happens again.

Other legislation needs to come forward, and I am conscious of what the Opposition spokesman, the hon. Member for Ipswich (Sandy Martin), was saying. We have legislation on the statute book but we have to be good and strict on this issue. Dogfighting is on the up in this country. Cockfighting, believe it or not, continues to this day. There is badger-baiting.

[Sir Roger Gale]

Trophy hunting.

[Sir Mike Penning]

To me, a trophy-hunting Bill is the simplest thing in the world. If someone wants to do that sort of thing, do not bring trophies—the animal’s head—to this country. That is so abhorrent to 99.9% of the British public.

We have set a line in the sand and shown that we can bring such Bills through the House—it is a shame that more people are not in the Public Gallery to listen to us when we get things right. I am sure that, tomorrow, in Parliament this will get thruppence, because of President Trump and other things that have been going on, but this indicates what this House can do and is right morally and ethically. We should be very proud of what has happened in this House today.

[Madam Deputy Speaker (Dame Eleanor Laing)]

If I may say so, the right hon. Gentleman is absolutely right. It is a great pity that when something of importance is achieved in the proceedings of this House, as it is about to be, it is not noted because the commentators prefer drama to care and doing the right thing.

[Sir Mike Penning]

Perhaps they prefer a circus in this House.

[Madam Deputy Speaker]

Yes, we will not go on about which circus is really the circus. To bring about what everyone in the Chamber has been aiming towards for a very long time, let me put the question.

Question put and agreed to.

Bill accordingly read the Third time and passed.