Thursday 23rd June 2011

(13 years ago)

Commons Chamber
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Tessa Munt Portrait Tessa Munt (Wells) (LD)
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Nothing short of a ban seems to be the answer to making this absolutely clear. The views of many organisations have been represented in the debate this afternoon, but I would like to pay particular tribute to Virginia McKenna and the Born Free Foundation, who are observing the debate from the Gallery this afternoon.

I want to make two quick points. First, the Government’s proposals for licensing and regulation are still going to be subject to a legal challenge and I do not see how that would be any different. I refer the Minister to an answer to a parliamentary question in the European Parliament that was answered by Commissioner Potocnik. The question was:

“What is the Commission doing to enforce animal welfare standards in European zoos and circuses?”

In his answer, Commissioner Potocnik dealt with the question of zoos and then said quite clearly:

“Circuses are specifically excluded from the scope of the Zoos Directive, and are not covered by any other EU legislation. Therefore, the welfare of circus animals remains the responsibility of the Member States.”

That was at the end of May.

My constituent, Gerry Cottle, ran away at the age of 15 to join the circus, and very successful he has been. I spoke to him yesterday. He said that the circus has moved on and times have changed, and that public opinion was against “the dinosaurs” who use wild animals in circuses. We do not need them. He runs a successful circus without animals, creating good old-fashioned theatre and entertainment.

There is no way that any circus owner could say that banning animals from circuses was a human rights issue because it caused loss of livelihood. Many circuses operate without animals, which is a testament to progress. I support the motion and I trust that the Minister will hear the clamour for a ban both in this place and outside.

--- Later in debate ---
James Paice Portrait Mr Paice
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No doubt we could lay every lawyer in the House end to end and not reach a definite conclusion. I note my hon. and learned Friend’s comments, and obviously I respect them.

May I turn to the nub of the issue? When hon. Members decide in a few minutes’ time how to react to the motion before us, I hope that they will pay heed to what I have said about the risks attached to it. It is of course a matter for the House to decide, but I hope that hon. Members will not focus on whether we ban or, indeed, wish to end cruelty, because I hope that there is no doubt about our desire on the latter point, but focus on how we go about achieving the end to cruelty in circuses, on which we are I believe united.

Although a complete ban, as advocated in the motion, might well achieve that end in time, there are, as I have tried to describe, significant risks in taking it forward with the deadline and using the legal mechanism to which my hon. Friend the Member for The Wrekin has referred. That is why the Government have come forward with a proposal that might achieve the same end with more certainty. Nevertheless, as I say, the House has a right to decide otherwise.

I understand and fully respect the very high emotions involved, including on the issue of the ethics of animals performing for human entertainment.

Tessa Munt Portrait Tessa Munt
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Will my right hon. Friend give way?

James Paice Portrait Mr Paice
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I am sorry, but I am rapidly coming to the end of my time.

I share the views of hon. Members who are concerned about the use of performing animals, but I also have to react to and respect the legislation that we have enacted in this House in the past, and the reality is that section 12 of the Animal Welfare Act 2006 does not allow ethical considerations to justify a ban, so I hope that in considering how to vote hon. Members will consider those points.

The Government are determined to stamp out cruelty to and the bad welfare of animals in circuses. We have put forward our proposals, and it is of course for the House to decide that we should perhaps reconsider them, but I ask the House to consider the legislative background against which it might ask us to do so.