Wild Animals in Circuses (No.2) Bill (First sitting) Debate
Full Debate: Read Full DebateSarah Newton
Main Page: Sarah Newton (Conservative - Truro and Falmouth)Department Debates - View all Sarah Newton's debates with the HM Treasury
(5 years, 3 months ago)
Public Bill CommitteesQ
Daniella Dos Santos: We have a duty to lead. We have a duty to set out good animal welfare legislation and be at the forefront of animal welfare. It reflects directly on how we, as a human society, will respond to other humans and animals in our care. Just because something is occurring in a different country is not a justification for it happening here. I do think we need to put animal welfare above all else.
Dr Ros Clubb: In terms of the definition of “wild animal”, if an animal is not commonly domesticated in this country, we agree it should fit within that definition of a wild animal. The animals are not commonly kept as domesticated species, so they should fall within the “wild” category.
Nicola O’Brien: We have nothing to add, really.
Q
Dr Ros Clubb: In terms of a comparison with the Scottish Act, there are a number of differences, one of which is that, on the definition of “travelling”, that Act goes into a bit more detail. There is also a quite detailed guidance document that goes along with the Act. We would like to see a similarly detailed guidance document to go along with England’s Act, to help to provide the background in terms of what is and is not covered. Scotland’s Act includes powers for constables to go into premises and to gather and seize evidence, which we would like to see in England’s Bill. My understanding from the Welsh draft Bill that we have seen is that it is more similar to Scotland’s Act. It would be beneficial if there were parity between the Acts across those three areas, because the circuses are travelling, as you say. Some of that could be done within the Act itself, but there is also that route of providing additional guidance to help to marry up the pieces of legislation.
Nicola O’Brien: Again, we do not have much to add to that. Fundamentally, the Acts will have the same impact as to where the circuses can be and what they can do, in terms of using animals or not, so we feel that the pieces of legislation match up quite well, but again, we would include the comments made by the RSPCA.
Daniella Dos Santos: My only extra comment would be that the more parity that there is, the less likelihood there is for any confusion when it comes to cross-border implementation and enforcement.
Q
Dr Ros Clubb: From our understanding, the intention is for this Bill to appoint inspectors. We envisage something similar to what is happening with licensing; inspectors drawn from the zoo inspectorate have been appointed and have powers, as described in the Bill, to go into premises, inspect them, and seize and gather evidence. I envisage that that is what is planned. We would like those powers extended to constables as well, so that there is additional flexibility and power to go into temporary venues at short notice, to investigate potentially illegal activity.
Before we proceed, I remind everyone that it can be tempting to think of this session as a personal conversation between the person asking the question and the person replying. The rest of us would like to be involved. When you ask a question, please make sure that I can hear it—and everyone else at this end of the room—and also when giving the replies. Especially with women, there is tendency to lower the voice; do not do that. Just pretend you are a man and yell.
Q
Dr Ros Clubb: Really, to our mind it is about having flexibility and swiftness to go and investigate reports of illegal activity and breaches of this legislation, so that the police would have the powers to go in and investigate as well. We agree that there is a lot of expertise there, but we think it could be extended. Hopefully, there will not be frequent reported breaches of the legislation, but where there are we would like them investigated swiftly and thoroughly, with the powers that are in that area, as well as the appointed inspectors under the Bill.
Q
Nicola O'Brien: If I am honest, I do not know much about that. We have been focused on the UK. Perhaps other panel members here or in the next session, such as Animal Defenders International, would have data about that.
Q
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.
Q
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.
Q
Dr Chris Draper: There is obviously a lot of confusion about the term “domestication” and it crops up within the definition of a wild animal. I suspect some of that could be tackled quite simply. Domestication is a long-term biological process that involves selection by humans for particular desired traits within animals, over multiple generations. The timescale we are talking about is hundreds, if not thousands or tens of thousands of years. That is not the same as hybridisation or having animals in captivity for a couple of generations; those are not a domestication process and have no resemblance to one.