Wild Animals (Circuses)

Simon Hart Excerpts

Thursday 23rd June 2011 Commons Chamber

[Mr Offord]

I am certainly not aware of any cases under human rights legislation, and the situation involves not just 200 local authorities, but countries and principalities in countries, including Austria, Croatia, the Czech Republic, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Poland, Portugal, Spain and Sweden. All those countries have to decided to take that suggested approach, yet we are once again kowtowing to the European Courts.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

On human rights, does my hon. Friend accept that it takes only one person to challenge this decision in order to delay for a number of years the process that every Member seems to want, whereas sensible regulation would achieve the same aims over a much shorter time?

[Mr Offord]

I suggest, as others have already urged, that we take a lead on the matter. As I have said, I have had some experience with the Human Rights Act this week, but when people use it they find that many in officialdom bow down and decide that, suddenly, it is a very important issue and that those people will get away with what they are trying to achieve.

In summary, case law from the European Court of Human Rights indicates that a ban would be within the “margin of appreciation” afforded to the United Kingdom. If a ban is proposed because it is considered cruel or ethically wrong in itself to make wild animals perform in circuses in the United Kingdom, as opposed to a ban being proposed because welfare standards cannot be guaranteed, then a ban is the only measure that will achieve that public interest aim and is therefore automatically proportionate.

Accordingly, a ban will not breach the European convention on human rights, and as a ban is only a control on the use of wild animals in circuses and therefore does not deprive the owner of the animal itself or of their ability to use it for commercial purposes, there is a strong presumption against compensation being awarded to persons who suffer any loss as a result of the ban. If the Government decide to implement a ban, it will not be as revolutionary as we have heard, given the 200 local authorities and the other countries that have been mentioned.

I do not believe that animals should be subjected to the conditions of circus life. Regular transport, cramped and bare temporary housing, forced training and performance, loud noises and crowds of people are all typical and often unavoidable realities for such animals. Therefore, unless the Government give us a time frame for a ban on animals in circuses, I will vote for the motion.

--- Later in debate ---

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

I am not a fan of wild animals in circuses, I would not take my children to see them or go myself and I think that the quicker we can move to a situation in which they do not exist the better. I do not even like dancing dogs on Britain’s Got Talent very much—I think it is demeaning for the owner and the dog—so I strongly sympathise with many of the arguments that have been put forward this afternoon. However, what I like even less is taking a populist route because it seems to be the easy one against, sometimes, principle and evidence. We are charged, whether we like it or not, with taking a responsible approach to these things, which is sometimes difficult in the face of overwhelming and well-targeted pressure on us as MPs. It seems to me that we are making this more difficult for ourselves by confusing an argument about ethics and morality with one about legal enforceability. This has been complicated by the haunting image of possible challenges in the European Court.

However, let me curtail my contribution. Regulation can work. I simply do not buy the argument that it would somehow open up a Pandora’s box. If we are sensible about regulation, not only can we improve animal welfare standards and move to a situation in which animals in circuses are a thing of the past, but we can do it without putting the taxpayer at risk of having to fork out for a lengthy, time-consuming and very expensive EU challenge. We can do it in reasonably quick time and without the need for primary legislation. The Government were right about this 10 days ago when the Minister spoke in Westminster Hall and nothing has changed in the intervening 10 days. It seems to me that if he is genuine to his word, as I am sure he is, we can achieve everything that everybody in the House wants without all the nonsense, cost and threat to the taxpayer that we have been talking about. I shall be voting against the motion tonight and commending the Government’s approach.

[Several hon. Members]

rose—