All 4 Simon Hoare contributions to the Wild Animals in Circuses Act 2019

Read Bill Ministerial Extracts

Tue 7th May 2019
Wild Animals in Circuses (No. 2) Bill
Commons Chamber

2nd reading: House of Commons & Programme motion: House of Commons
Tue 21st May 2019
Wild Animals in Circuses (No.2) Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons
Tue 21st May 2019
Tue 4th Jun 2019
Wild Animals in Circuses (No. 2) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Wild Animals in Circuses (No. 2) Bill Debate

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Department: HM Treasury

Wild Animals in Circuses (No. 2) Bill

Simon Hoare Excerpts
2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019

(5 years ago)

Commons Chamber
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Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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It is a pleasure to follow the hon. Member for Blaydon (Liz Twist) and to take part in this debate. Times change, and when they do we have to change the rules and regulations to reflect mindsets. To some in this House, it might seem like only yesterday that films such as “The Greatest Show on Earth”, with Dorothy Lamour and Charlton Heston, were great hits because they had the romance and excitement of circus life.

If we fast-forward to just a few weeks ago, as a father I made probably the worst decision I have ever made in my life when I decided to take my three daughters to see the remake of “Dumbo”. My eldest daughter, Imogen, just about managed to survive with some degree of stoicism. My middle daughter, Jessica, cried five times during the film. My youngest daughter, Laura, had to be taken out of the cinema by me, so upset had she become by the film. I have to say I was rather relieved because I, too, was finding the film rather upsetting. The question they asked at the rescue centre afterwards—also known as Pizza Express Dorchester—was, “Why? Why would you have an elephant in a circus? Why would you treat an elephant like that?” I think that just shows the change in our society.

Andrew Rosindell Portrait Andrew Rosindell (Romford) (Con)
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Everyone in the Chamber is completely committed to the welfare of animals, including me, but will my hon. Friend think about what he is saying? If he is saying that an animal does not belong in a circus—I accept that that is what the vast majority of people believe is right—does he think that animals in other contexts should be where they are? Does an animal belong in a zoo? Does a horse belong on a racecourse? Does a greyhound belong in a greyhound stadium? He has to look at the implications and precedent that legislation sets.

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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I think I can help, because what the hon. Gentleman asks would broaden the debate outside the scope of circuses. The Bill is about circus animals. It is not about breeding programmes in zoos or different things. The hon. Gentleman is comparing horses and dogs to a circus, but the Bill is about wild animals in circuses. I would like to keep the debate contained to the subject before us.

Simon Hoare Portrait Simon Hoare
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If I may, I will reply briefly and within order to the point that my hon. Friend the Member for Romford (Andrew Rosindell) raised. Representing Romford, he would be a very brave man to suggest that greyhound racing should be stopped. He makes a valid point. I can well remember being taken as a young boy to Barry zoo, which Vale of Glamorgan Council eventually closed because it was so fiendishly awful and the treatment of its animals was so bad. Standards have to reflect the very highest standards of animal welfare.

Those days have gone. When circuses were at their most popular and wild animals were in use, circuses could say, “We are doing some sort of education as well.” However, the likes of David Attenborough and co have changed that. We can be educated in our own homes about wild animals in their natural habitats and we can get more information and education in that way. Those people do that important job in a much better way.

I can remember as a boy being taken—my mother is still not entirely sure why—to Gerry Cottle and Billy Smart’s circus when it performed in Cardiff. I see my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) nodding almost with reminiscence at those names. We never left those circuses elevated by joy; we left with a terrible feeling of sadness. There was something alien, wrong and outdated about it, even in the late 1970s and early 1980s. It just goes to show that sometimes this place needs to find ways of moving far more quickly to better reflect changes in mindset.

I was pleased and proud to be a co-sponsor when my hon. Friend the Member for Colchester (Will Quince) brought forward a Bill on this issue in February 2016. I am delighted to see him in his place. I remember, as on similar occasions, that it was opposed by my hon. Friend the Member for Christchurch (Sir Christopher Chope). I have to say that anything opposed by him usually seems a good thing in my book.

I am delighted by this Bill. I am grateful that Ministers are bringing it forward. I know that the numbers we are talking about are low, but I view the Bill as a sender of a message and an articulation of a set of values. It is also an insurance policy. Were there to be a European renaissance of wild animals performing in circuses, through this legislation the message would go out from the House and across our parties that such circuses would not be welcome in the UK.

Wild Animals in Circuses (No.2) Bill (First sitting) Debate

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Department: HM Treasury

Wild Animals in Circuses (No.2) Bill (First sitting)

Simon Hoare Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 21st May 2019

(4 years, 11 months ago)

Public Bill Committees
Read Full debate Wild Animals in Circuses Act 2019 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 21 May 2019 - (21 May 2019)
Rosie Duffield Portrait Rosie Duffield (Canterbury) (Lab)
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Q What is the panel’s opinion on the current state of wild animals in circuses? Are the guidelines being enforced strongly enough?

Dr Ros Clubb: From the RSPCA’s perspective, we did not agree with the introduction of licensing because we do not believe that the needs of animals can be met in a travelling circus. We were not in favour of that, and we do not think that deals with the situation at hand. The constant travelling, the temporary enclosures and the restrictions they place on the environment and husbandry you can provide for those wild animals are not suitable. When you look at the standards in the circus regulations, you see that they are very different from, for example, those for licensed zoos. An animal in a circus is treated very differently from the same animal in a zoo, and we do not think that is good enough.

Daniella Dos Santos: I would second that. I do not think there is any way we can meet the welfare needs of wild animals in a travelling circus situation. They have very particular welfare needs and, by the nature of a circus, where they are constantly moving, the spaces they are provided with have to be smaller and more portable. Therefore, you are not going to meet their needs. Because of the requirements of performing and so on, their day-to-day routines are not going to be adhered to. Therefore, that may impact on their diet and so on. We would say their needs cannot be met under any circumstances.

Nicola O'Brien: We would say something very similar. I do not have anything to add on that.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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Q I am a great supporter of this Bill and supported the proposal when it was made in a private Member’s Bill promoted by my hon. Friend the Member for Colchester (Will Quince). May I check a couple of things? They may seem a little peripheral. First—this may sound the maddest question of all—are all circuses across Europe travelling by definition, or are there any permanently located circuses?

Nicola O'Brien: When we reviewed this a few years ago, there were two establishments in the UK that had been classed as circuses by their local authority. They had a theme park set-up and did not have an attached zoo, but they did have a sea lion show. They were deemed by the local authority to be circuses because they did not meet the Zoo Licensing Act 1981 requirements on numbers of animals and on animals being out on display all the time. I believe one of them has closed down; I am not sure of the current legal situation of the other location, but it has not changed, grown or added to its animal collection, so we believe it would still not meet the requirements of the Zoo Licensing Act. That is, to our knowledge, the only one in England.

Dr Ros Clubb: That is also my understanding of the situation.

Simon Hoare Portrait Simon Hoare
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Q Ms Dos Santos, in answer to an earlier question you referenced educational purposes. Will you clarify where you think pony rides, donkey rides and falconry displays sit? Although those animals are not travelling long distances regularly, they do a huge amount of travelling in the season. Would you like to see those things included in the scope of the Bill, or are we best to leave that for another time?

Daniella Dos Santos: My feeling would be that they would not come under this Bill, because ultimately those animals would have a permanent place to call home with appropriate facilities and appropriate housing, and with their environmental needs met. The travelling they do would be to go from the home environment to a display and back again, rather than being constantly on the move.

Simon Hoare Portrait Simon Hoare
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Q You are satisfied that they are effectively outwith the scope of the Bill.

Daniella Dos Santos: I believe so, yes.

Simon Hoare Portrait Simon Hoare
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Q My final question speaks to Mrs Harrison’s question but it relates to inspectors. Inspectors are only as good as their powers. One thinks about the debate about police constables and police community support officers, for example. Do you envisage that there is enough under either the proposals or existing inspectory powers for inspectors to be able to go in and see each and every part of a travelling circus to satisfy themselves, and that they have the weapons and armoury to act in a speedy and expeditious way should they find a breach of what we hope will be the Act?

Dr Ros Clubb: From our perspective, we would like to see a couple of additional powers. We have talked about one already in terms of extending powers to constables as well as appointed inspectors.

Simon Hoare Portrait Simon Hoare
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Q To police constables?

Dr Ros Clubb: Yes. We would also like the power to seize an animal—that has been specifically excluded from the powers—so that if there is an issue, there is an opportunity to remove the animal from the situation rather than leave it there while an offence is being committed. We would also like to see more powers for the court to deprive someone of ownership of an animal, if it decides to do so.

Simon Hoare Portrait Simon Hoare
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Q On the issue of seizing an animal, I can understand how one might be able to seize a racoon, a fox or a squirrel. However, If it was something larger—for example, a camel—or if somebody was seriously in breach of the Act, one then has to think about the resources of high-welfare standards for kennelling purposes, in a general sense. I do not detect that there is a resource out there. People who have to round up dogs have enough difficulty. Were one to move in that direction, how do you meet that challenge?

Dr Ros Clubb: We would envisage that to be rarely used, but we think the powers should be there. There are powers under the Dangerous Wild Animals Act 1976 to seize animals that are kept without licence, which would cover the larger, more dangerous creatures. We have worked with organisations to remove animals of a zoo-type nature and board them, obviously looking at the provisions and whether the welfare of the animal will be at a reasonable level if we remove it.

None Portrait The Chair
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Can I ask everyone to speak up? This is a dreadful room for acoustics. It would be really helpful. I am certainly struggling at this end of the table. I am sure everyone must be having the same problem.

Simon Hoare Portrait Simon Hoare
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Is that an invitation to repeat all my questions?

None Portrait The Chair
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I was leaning forward to make sure that I could hear everything. My apologies for the room. The microphones are at their maximum, so there is nothing else I can do except ask people to speak up. A lady at the back has also indicated that she cannot hear, so it is not just me.

If Members have one or two questions that they want to run together, I am more than happy for them to do so. You do not have to limit yourself to one. Equally, if you want to come back later with another question, I am happy with that.

Wild Animals in Circuses (No. 2) Bill (Second sitting) Debate

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Department: HM Treasury

Wild Animals in Circuses (No. 2) Bill (Second sitting)

Simon Hoare Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 21st May 2019

(4 years, 11 months ago)

Public Bill Committees
Read Full debate Wild Animals in Circuses Act 2019 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 21 May 2019 - (21 May 2019)
Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

Q From your point of view and the way you run your businesses, can you explain what efforts you make around animal welfare? We heard this morning about issues of cruelty towards animals and the sense that this ban is overwhelmingly supported by the British public, which I imagine includes those people who attend and watch circuses. I will be grateful for your perspectives on that.

Peter Jolly: From the animal welfare side of it, our animals do the very minimum performing in a day. For the majority of the day they are outside grazing. Myself and Carol—

Carol MacManus: Spoil our animals.

Peter Jolly: They are grazing animals—hoofed animals—so for the majority of the day, apart from maybe one or two hours, they are outside grazing. Their veterinary care is top, because our licence requires us to keep records on a daily basis. Four times a day, for every single animal, we have to record the weather, the environment, what food they have had and what we have done with them, such as if we walk them from the paddock to the big top. There are no welfare problems at all.

Carol MacManus: We did a survey while we were doing the tours of the circus in 2010—I know that is a while back now—that 10,000 people filled in, and 84% was positive. Some of them did not even realise what the survey was and just ticked all the boxes because they weren’t really reading it. You say that an overwhelming majority want to ban animals in circuses, but the majority of those people are against us having animals in any form of entertainment. Slowly but surely you will find that they try to ban everything.

Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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Q What animals do you keep?

Peter Jolly: Do you mean animals or what are classified as wild animals?

Simon Hoare Portrait Simon Hoare
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The animals that would be covered by the Bill, were it to become an Act.

Peter Jolly: Camels, zebra, reindeer, an Indian cow, a fox, two raccoons and a macaw.

Carol MacManus: And I have one zebra, two camels and two reindeer that I believe are questionable anyway.

Alex Chalk Portrait Alex Chalk (Cheltenham) (Con)
- Hansard - - - Excerpts

Q Because they are not reindeer?

Carol MacManus: Because they are not really wild in this country—only if they are owned by a circus.

Simon Hoare Portrait Simon Hoare
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Q There is always this fine divide, and because one can does not necessarily mean that one should. Do you think, in this day and age, with the popular access to wildlife television programmes and conservation and so on, that animals should be used for entertainment in that way? What good is that doing, apart from entertaining?

Peter Jolly: It is not just the entertainment in the ring. We have children coming to the circus who have never seen, smelled or touched a camel. I have a fox that is now 15 years old that I hand-reared from three or four days old. The only foxes that children see are on the side of the road, dead. They do not see these animals. Safari parks and zoos are very good in their own way, but not everybody can afford to go to a zoo or safari park, because they are very expensive.

Simon Hoare Portrait Simon Hoare
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Mr Jolly, I quite specifically did not mention zoos or safari parks, because I think you can construct a perfectly—the question I asked was whether, with access to internet and television—

Peter Jolly: It is not the same. You cannot smell an animal on the internet or on the television.

Simon Hoare Portrait Simon Hoare
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Having smelled camels, I think I would prefer not to have to smell them.

Carol MacManus: Are you saying we smell?

Simon Hoare Portrait Simon Hoare
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Not you, Ms McManus, but camels are not known for their—you do not find them on the Estée Lauder counter, do you?

Carol MacManus: No.

Simon Hoare Portrait Simon Hoare
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Q So the question is whether you should use them in that way.

Peter Jolly: Yes.

Carol MacManus: Why not?

Simon Hoare Portrait Simon Hoare
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Q Could you give me your justification for that?

Peter Jolly: My service is a family service. It is family orientated, so we deal with a lot of children. They do not get to see these things. Why should we deprive those children of contact with live animals? They are not wild animals; they are live animals. As Carol said, our animals, in our eyes, are exotic, not wild animals.

Sandy Martin Portrait Sandy Martin (Ipswich) (Lab)
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Q I believe you are basing some of your evidence on the idea that the animals that you have are domesticated; you mention, Ms MacManus, that camels are domesticated in most areas of the world. However, at least one person has written to us saying that elephants have been domesticated for thousands of years. They could be counted as domesticated animals.

Carol MacManus: But we do not have any elephants.

--- Later in debate ---
Oliver Heald Portrait Sir Oliver Heald
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It is unnatural to their way of life.

Carol MacManus: No, it is not.

Peter Jolly: My camels load themselves when it is time to go to the next place. We do not have to lead them like a horse or anything; they get into the trailer themselves.

Simon Hoare Portrait Simon Hoare
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So did Pavlov’s dog.

Oliver Heald Portrait Sir Oliver Heald
- Hansard - - - Excerpts

Q So what is the difference between your camel and a horse?

Peter Jolly: We treat it like one. We lead it the same and treat it the same.

Carol MacManus: None of our animals shows any sign of stress at all when they are travelling. In fact, some stress tests have been done on lions, which are wild animals. I am sure that Mr Lacey will tell you about that later, because I do not know the ins and outs of it, but proper stress tests have been performed.

--- Later in debate ---
Pauline Latham Portrait Mrs Latham
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Q You were talking about being in safari parks, where cars were going past them, but in the confined space of a circus ring there are hundreds of people around them, in very close proximity, tapping, cheering, shouting,

Carol MacManus: I think they quite like it, actually. Our zebra doesn’t like it if he does not perform; if, for any reason, he does not perform, he gets stressed. He knows when the music is on. He stands waiting at his door for the young lad to take him across to the ring to work with me—there is only one handler who handles him. He likes performing. When I had my old zebras, they used to free-range around the site. They would always be in the big top, where the shade was, or wandering round the site.

Simon Hoare Portrait Simon Hoare
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Q I think you have given us food for thought. To pick up on what Ms Newton said, it is clear that you care very much about the welfare of your animals, and you are operating under a strong and robust regulatory regime at the moment. I am slightly confused about the point about car noise in a safari park.

Peter Jolly: I was talking about fumes.

Simon Hoare Portrait Simon Hoare
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You did speak about noise as well. Unless your audience is made up of children who subscribe to the Trappist way of life, they will make some noise. All I have to do is take my jacket off the hook and my dogs know that we are going for a walk —animals will always respond to those sorts of things.

Ms MacManus, your submission to us is dismissive of ethics, if I can put it that way. I can understand why you make that argument, but I want to ask whether you accept two things. First, do you accept that one rotten apple will spoil the barrel? In your sector, poor behaviour has shone a spotlight on the whole issue, which means that the good, the bad and the ugly get hit in exactly the same way.

Secondly, I do not say this to draw a direct comparison, but I am pretty certain that the family who were fourth generation bull or bear-baiters would have said, “But we’ve always done this; it is our way of life”, because that is what they would have known. Things change when perception and attitudes change. This almost goes back to my first question: do you accept that, just because one can, that does not necessarily mean that one should, and that in the general national consciousness the time of having wild/exotic animals in a circus for entertainment or educational purposes has reached its sell-by date, has passed and is a bit old hat, and that people want to move on because our ranking of animals has changed and is evolving?

Carol MacManus: No.

Peter Jolly: The majority of people still want to see circuses. You are talking about a handful of people who hit the media, Facebook and all that, who are whipping up this hysteria. When we go to a village or a small town, everybody wants to come and see the circus, which contradicts that. We would be out of business if we didn’t have the general public coming to visit us.

Simon Hoare Portrait Simon Hoare
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That’s a fair market counter-argument that you put.

Carol MacManus: And we have moved with the times and we do make improvements—everybody makes improvements all the time.

Peter Jolly: Just having the licensing scheme is moving forward. That was a move forward.

Carol MacManus: Anybody here should read that before they make their decision, because the review on our reports speaks volumes.

Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

Q Two things. First, your basic argument, as I understand it, is that any wild animal—or exotic animal, as you call it—should be able to perform in these circuses.

Peter Jolly: We might not want to use them, but what we are saying is that if they can be kept according to the proper methods and welfare, you should be allowed them. You should not be allowed them if you cannot meet the stringent welfare standards.

--- Later in debate ---
Sandy Martin Portrait Sandy Martin
- Hansard - - - Excerpts

But—

Martin Lacey: Just one second. First, we are looking at facts. I have noticed that we are now talking about ethics, which is probably a circus’s strongest point. The way that a child’s eyes open when they sees those animals—no book or picture could ever do that for children. Given what you see when they come close to the animals, ethics is one of our strongest points in circuses, and not just because the animals are well taken care of.

The picture painted is that man and beast were never together. That is not true. It is only in the last 30 years that a picture has been painted that it is very bad that people and animals are together.

If we are talking about ethics, it is a very fine line. Ethically, we love our animals. Ethics is built on religion, and if you really go back and you believe in religion—Noah’s ark; that was a myth, or not a myth—you are talking about animals and people together, and saving animals. If we are talking about ethics, how can people save animals if you do not want people to be involved with animals?

They paint the picture that it is Disney in the wild. It is not Disney. I do not know if anybody has visited the wild, but there are some beautiful places—Kenya is very beautiful. I was in Botswana 10 years ago and there were rhinos. There are no more rhinos in Botswana. As long as the World Wildlife Fund keeps taking lots and lots of money and every time an animal becomes extinct, people such as myself and my family and well run circuses—you asked whether I believe in circuses; no, I believe in well run circuses, not all circuses—are the ones who will have the future gene pools for these animals.

Ethics is completely on the circus side, if we are talking about the ethics of animal ownership. Let us go to what you were just talking about—when there were shows with small people and bearded ladies. If we are talking about ethics and slavery, does that mean every person who owns a dog or cat does cannot have an animal anymore? It has gone a little bit too far. That is where you have a fine line of animal rights and animal welfare, and people have to find a fine balance. If you do not have your feet on the floor, this thing will go out of the window and we have become a real big show when it comes to ethics and animal rights. The local cat that kills a mouse will be in front of a jury for murdering a mouse. That is how far it goes. That is where ethics is really on the circus side.

Simon Hoare Portrait Simon Hoare
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Q Mrs Brown, I have read your evidence. Can I take you to something that confuses me, at the top of page 3? “They”—by which you mean circus families—

“pay their taxes and obey every animal welfare law. Their ethics of running a business and keeping families together is very high. This is how they treat their animals too. I would like to suggest that government would not ban them if they were a Muslim family.”

What do you mean by that?

Rona Brown: Can you say the last bit again?

Simon Hoare Portrait Simon Hoare
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This is in your written evidence:

“I would like to suggest that government would not ban them if they were a Muslim family.”

What do you mean by that?

Rona Brown: I need to find it. I have printed mine up in big letters.

Simon Hoare Portrait Simon Hoare
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This is at the bottom of the first paragraph on what is our page 3, which begins:

“The two circuses are family circuses”.

I can hand you my copy if that is easier.

Rona Brown: That is very kind of you. Is it this one,

“Animals have no concept of demeaning”?

Simon Hoare Portrait Simon Hoare
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No, no, it is the reference to the Government not doing this

“if they were a Muslim family.”

I think I have highlighted the extract. I was not certain of the point you were seeking to make.

Rona Brown: I am sorry, I cannot—

Simon Hoare Portrait Simon Hoare
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You are on the right page.

Rona Brown: Is it this one, which you have highlighted?

Simon Hoare Portrait Simon Hoare
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No, no, just above.

Rona Brown: I am sorry, I do know it off by heart. Is it this paragraph,

“The two circuses are family circuses, the Jolly’s are a Christian family, they keep their family together and keep within the law”?

Simon Hoare Portrait Simon Hoare
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Yes, it is the last sentence of that paragraph—the segue, of course, is the reference to Christian family at the start.

Rona Brown: “I would like to suggest that government would not ban them if they were a Muslim family”?

Simon Hoare Portrait Simon Hoare
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Yes. I wonder what you meant by that.

Rona Brown: Well, I meant by that that it seems to me that you have to be— I am a Christian and I feel that Christians are having a bad time at the moment. All other religions are looked upon as needing to be protected, whereas Christian families are ignored. I feel that this is—

Simon Hoare Portrait Simon Hoare
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Q Mrs Brown, I happen to be a practising Roman Catholic. Could I put it to you that I am not aware of anywhere in Catholic doctrine that gives me the right to run a circus? However, that might be a different matter.

Mr Lacey, could I turn to your evidence? Again, I must confess that I did not find it terribly compelling. If I take you to page 4, it states:

“We protect only what we know. Animals in the circus serve as ambassadors for their wild counterparts more personally and emotionally than any documentary on TV, thus the circus indirectly makes a contribution to conservation by showing how wonderful animals are and why humans should preserve them in the wild.”

I was not certain about the link between seeing animals up close in a circus and preserving them in the wild. You talked about natural behaviour and about how you are not seeking to make animals perform or entertain. If you look at page 11, that might be you in costume, in some purple sequinned garb.

Martin Lacey: Can I have a look at that?

Simon Hoare Portrait Simon Hoare
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You can, yes, if Sir David allows.

Martin Lacey: That is my brother.

Simon Hoare Portrait Simon Hoare
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Q Your brother? I got the family likeness. Could you tell me where in the natural world, not least because they are in different continents, you might find—

Martin Lacey: That just shows to me how much you do not know about animals. Lions and tigers were together 200 years ago; there were Indian lions. There is proof that lions and tigers were together.

Simon Hoare Portrait Simon Hoare
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Q But could you tell me now, in contemporary society—in real time, as it were—where you might find two tigers standing on the back of a lion?

Martin Lacey: First of all, this is based on trust. All that training is not done behind closed doors: if you had a live link right now, you could see my lions. They are all in outside areas. A lion on top of a tiger—if you go in the outside cage and you see them in a big outside area, they play. It is only a matter of you being able to do that with a command. They stretch on the back of a lion, and it shows a trust between the person, the animal, and the tiger. It is actually very beautiful. You have probably never seen that; you have seen the photo, of course, but you cannot see the whole movement. It is actually very beautiful to see this trust between them. In fact, that movement is so beautiful that my lion works also with tigers. They jump in the swimming pool—lions do not really like water, and they have a face like they do not really want to be in there. They actually think they are tigers.

Simon Hoare Portrait Simon Hoare
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Q Mr Lacey, I think we will have to disagree. You have made the point that beauty is clearly in the eye of the beholder. I see nothing beautiful in that photograph whatsoever. Nor do I see anything particularly beautiful, natural, educational or conservational in the photograph at the bottom of page 14, where a man who does not look like you—he may be a second cousin once removed—is sitting on the back of a lion that seems to be jumping from one rather large hamster wheel on to another.

Martin Lacey: You have to understand that we live in a changing world. That is in Russia. Russians have a completely different aspect on ways of training animals, and therefore when you work with people around the world—I was over in Moscow, for example, and I went to talk to them about animal welfare. When I was in Moscow, I saw people sat on the floor in the ice, waiting for bread. I thought to myself, “Why am I going over there talking about these animals when I see the animals are very warm, with nice big coats on them?” I saw their training.

Each country is very different. Because we have become very global, you have a photo like this. For example, my public do not want to see a lion jump through a hoop of fire. The hoop of fire is no problem; every police dog does that, because it is a sign of trust. It is not what I want to see nowadays.

None Portrait The Chair
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I must intervene now, because we only have 16 minutes left.

Simon Hoare Portrait Simon Hoare
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I have time for a final question.

Wild Animals in Circuses (No. 2) Bill Debate

Full Debate: Read Full Debate
Department: HM Treasury

Wild Animals in Circuses (No. 2) Bill

Simon Hoare Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Tuesday 4th June 2019

(4 years, 11 months ago)

Commons Chamber
Read Full debate Wild Animals in Circuses Act 2019 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 4 June 2019 - (4 Jun 2019)
Philip Davies Portrait Philip Davies
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It is a pleasure to see you in the Chair, Madam Deputy Speaker.

I know that we have three hours allocated for consideration, but I do not intend to detain the House for so long, Members will be relieved to learn. [Hon. Members: “Hear, hear.”] That is one of the most popular things I have ever said in the Chamber. There is some important Back-Bench business to come and I am sure that we want to get on—

Philip Davies Portrait Philip Davies
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That changes things. We are in business now. I do not, however, intend to detain the House for long, and I do not intend to press any of the new clauses or amendments to a Division as they are probing in nature. One of the points that I always make is that we should properly scrutinise legislation that comes before the House. Even when we have a Bill with a worthy title it is always important that we scrutinise the detail, because these are important matters. They are important for the circuses, and for the animals. They are clearly at the forefront of what the legislation is intended to protect, and therefore it is important to check that we are doing everything right.

The hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) has also tabled some amendments, but I will concentrate on those I have tabled. In passing, I will say that some of the points he makes are worthy of consideration and I hope that the Minister will do so, even if he is not prepared to accept the amendments today. I hope that in the other place some proper scrutiny will be given, so I do not expect that we will have a ding-dong on these issues tonight.

I am a great admirer of the Minister and not just because of his time in Parliament: we used to work together at Asda many moons ago. Obviously, he was much more senior than I was, and far better at his job—that will not come as any surprise to anyone. We worked on projects together in our time at Asda, and he has taken his common-sense approach there into his ministerial responsibilities. It is great to see him in his place, and all I ask of him—he is a reasonable man—is that he goes away after the debate and considers all the new clauses and amendments to see whether the Government want to have another look at them when the Bill reaches the other place.

New clause 1 addresses the meaning of the term “wild animal”, and would add a more detailed definition to the Bill. The wording I have used mirrors that in the Wild Animals in Travelling Circuses (Scotland) Act 2018, and will thereby enable consistency around the UK. Simply falling into line with the law in Scotland has advantages in and of itself—as a Unionist, I think it is good and always a positive when we have the same laws in England and Wales as we have in Scotland—but more importantly it would provide more clarity to what is otherwise a rather vague description of a wild animal.

The Bill currently states simply that a

“‘wild animal’ means an animal of a kind which is not commonly domesticated in Great Britain”,

but the new clause delves deeper into what that actually means. Specifically, it would add an explanation of what a domesticated animal is, by stating that an animal

“is domesticated if the behaviour, life cycle or physiology…has been altered as a result of the breeding or living conditions of multiple generations of animals of that kind being under human control.”

It can reasonably be argued that many of the animals that currently reside in the two circuses to which the Bill will be relevant fit into that definition of a domesticated animal. Given that some of the animals are from the seventh generation of their line to be born into the circus environment, their very nature and general behaviour will be much altered compared with their native wild counterparts. Thus, the term “domesticated” would be made relevant to the specific animals, which should be at the forefront of our minds. That point often seems to be lost in debates on this subject.

For the specific animals we are talking about that are currently in these circuses, it would be more unkind to release them into what many would assume to be their natural habitat, because generations of living under human supervision will have left them without the traditional instincts and abilities necessary to survive in the wild. We describe these animals as wild when they quite clearly could not survive in the wild, and to that extent they are not wild animals. They do not have the traditional instincts and abilities required for them to survive in a habitat that is different from what they are currently accustomed to. They have no knowledge of anything different.

The whole point of new clause 1 is to get into the Bill a more sensible definition that applies to the particular animals involved. It seems to me to be bizarre that on the one hand we are talking about wild animals and on the other hand we are passing legislation for animals that could not be released into the wild. It is crazy. We want to stop genuinely wild animals being used in circuses—I certainly do; I have no objection to that at all—but the specific animals that are currently relevant are not really wild animals any more.

Like new clause 1, new clause 2 mirrors the provisions of the 2018 Act. If the House agrees to new clause 2, that will provide consistency in the law throughout the UK and more clarity on the definitions of relevant key terms. The Bill currently describes the definition of a circus operator and an officer, but new clause 2 would also define a travelling circus, which is a key part of the legislation, and the fact that it is not currently covered in the Bill, despite the title suggesting that it applies specifically to the circus industry, is not only concerning but leads to a lot of potential loopholes. Many forms of entertainment involve animal participation at their heart and I have heard people discussing their wish to use this legislation as a Trojan horse to affect other industries in which animals are trained.

Many forms of entertainment involve at their heart the participation of animals that have been trained and bred for a particular purpose. For example, I am very keen on the horse-racing industry. I am pretty sure, Madam Deputy Speaker, that at this point I should refer the House to my entry in the Register of Members’ Financial Interests. I am not sure whether there is anything relevant in there, but there may well be, so I do so just to be safe rather than sorry. The racing industry has animals that are trained for entertainment and that are bred for that purpose. I might add that they are particularly well looked after, as animal welfare is at the heart of everything that the racing industry does. Throughout the country we have zoos and falconry, and even the more obscure alpaca walking experiences.

My concern is that the Bill does not seem to provide a clear enough definition that separates the circus industry, which the title suggests it is specifically targeted at. As I referred to earlier, this issue has been dealt with in Scotland. New clause 2 would provide the clarity that the Bill needs to ensure that it will not blur any lines and to make sure that the legislation will not be used as a Trojan horse to affect other industries—including those I have mentioned, the greyhound industry and whatever else it might be—because other people might have some of those industries in their sights. I hope the Minister will reflect on these points and go away and look at the merits of the relevant legislation in Scotland to see whether we might wish to mirror it in England and Wales.

Amendment 1 would leave out subsection (5) of clause 1. In effect, it is consequential on new clauses 1 and 2, and would remove the current set of definitions of key terms to replace it with those that I want to introduce in new clause 2. Rather than anything more substantial, it would just tidy up after the other changes.

Amendment 2 states:

“An inspector may require that the owner of a wild animal may not destroy the animal unless with the permission of a qualified veterinarian.”

As I said at the start, as I see it the whole purpose of this Bill—the motivation behind it—is to protect the animals. We must not do anything that will have a negative impact on animals—we often see unforeseen and unintended consequences of legislation—so it is important to make it clear that the owner of the so-called wild animals covered by the legislation may not destroy an animal without a vet’s permission. We cannot have a situation in which the animals cannot be used in a circus and are therefore put down. That would be completely unacceptable. I am not suggesting for a minute that that is the intention of the people who own the animals—absolutely not, and quite the reverse. I am not casting any aspersions on them at all, but it is important to have this safeguard in the Bill to make sure that we nail it down and prevent that from happening.

Amendment 2 would add to the list of powers that the inspector of travelling circuses will have. It would ensure that animals that will no longer be able to participate in any aspect of circus life will not be put down as a result of the legislation coming into force. As I said, that is not to suggest that the owners of the animals are likely to be so callous. The point is that if people suggest, as it seems they have, that what the circus owners do to these animals is cruel, why would those people, who have pressed for the legislation because they think that circus owners are cruel to the animals, then trust the circus owners to look after the animals when they are no longer able to use them in their circuses? Either these circus owners are cruel to the animals and therefore cannot be trusted to care particularly well for them in retirement, or they are not cruel, in which case I am not entirely sure why we are going down this route in the first place.

It seems to me that the argument that the Minister may well have is that, well, these people look after their animals really well. I think he has made it clear in the past—he will correct me if I am wrong—that there has never been any question about the welfare of the animals in these circuses. I am happy to be corrected by anybody, but as far as I am aware no one has suggested at any point that there has been any problem with the welfare of the animals. If there were problems, there are rules to deal with them. This is not about the welfare of these animals; no one has a question about that as far as I can see. It is about the principle of whether the animals should be used for this purpose, even though they have been bred and trained for it—they cannot be untrained obviously. They will not be used for any other purpose, and they will not be released into the wild, so what will be done with them? They will just live a life in retirement. My amendment is about making sure that they are able to enjoy a long and fulfilled retirement.