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

Trudy Harrison Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 21st May 2019 Public Bill Committees

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

Q Thank you for coming. There seems to be lots of cross-party agreement on the principle behind the Bill—that wild animals should not be in circuses for our entertainment—but we have some questions about the detail of the Bill, and in particular the definition of a travelling circus. They stem from the desire to make sure the Bill is as comprehensive as possible, to ensure that in the future there will be no wiggle room or loopholes. What is your view of the current definition in the Bill? Is it sufficient, or could it be tightened up?

Dr Ros Clubb: From the RSPCA’s perspective we are on the same line of thinking. We think it should be comprehensive, to capture the activities that are of concern, and that the public want ended—and that the RSPCA wants ended, as well. We favour a definition of a travelling circus very much in line with what is currently in the circus regulations that currently license wild animals in circuses. We favour a meaning of “travelling circus” as any company, group or institution that travels from place to place for the purpose of giving performances, displays or exhibitions, and as part of which wild animals are kept or introduced, whether for the purpose of performance, display or otherwise. Our main thinking is that we want the less formal display or exhibition of wild animals to be captured, meaning association with the circus and not necessarily just animals performing in the ring.

Nicola O'Brien: We feel similar on that. Also, we feel that it has been working, obviously, with those businesses that have registered under the travelling circus regulations. It has been effective. It has not accidentally caught any other businesses that travel with animals for other purposes. We feel that that is a robust definition.

Daniella Dos Santos: From the BVA’s perspective, while we are broadly in line, we have a slightly different take. We would support including the definition of a travelling circus in the Bill itself, but we would support a definition in line with that in the Wild Animals in Travelling Circuses (Scotland) Act 2018, so that there would be a cohesive understanding between them, and so that when it comes to implementation and enforcement there is no confusion about cross-border issues. We would favour a definition in line with the Scottish Act. Also, we feel that that would avoid unintended consequences for other types of animal displays that might move to temporary locations—for example, for educational purposes.

[Trudy Harrison (Copeland) (Con)]

Q The RSPCA referred to the requirement for police constables to carry out checks and enforcement, as well as inspectors. Can you talk us through that?

Dr Ros Clubb: Certainly. It is similar to the Scottish Act. The powers to enter premises and gather and seize evidence lie with inspectors as well as constables. We favour that approach. It would be in line with the powers under the Animal Welfare Act 2006. It would give more flexibility. With temporary arrangements in relation to animal use, the police would be allowed to go in and investigate illegal activity and gather evidence. The RSPCA gets complaints about temporary events, and it is important to be able to get in there and gather evidence as they are going on. The police would be given that additional power to do so. If they needed expertise in terms of animal identification or anything along those lines, they could take a suitable expert with them.

[Trudy Harrison]

Q What would be the consequences of not having police constables available to do that?

Dr Ros Clubb: We feel it would be more restrictive in terms of what could be investigated. Also, if a complaint were made, presumably it would come to the Animal and Plant Health Agency, which would have to task it out to an inspector it had appointed. So while there would be a power to go and inspect, it would be more restrictive in terms of the availability of inspectors and their coverage across the country.

[Trudy Harrison]

Q And the very nature of a travelling circus means that it is transient, so we must have people available there and then to inspect.

Dr Ros Clubb: Exactly. Any illegal use of animals in that way might not be in the ring, or advertised on websites or in advertising material. It is probably more likely to be less obvious than that, and in association with the circus. It is very important to be able to get in there and gather that evidence while the circus is on site and the animals are there.

[Rosie Duffield (Canterbury) (Lab)]

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.

--- Later in debate ---

[Rosie Duffield]

Q As I understand it, an important part of the work your organisations do is to trace where these animals may have come from, and the 19 listed are not native to the UK. Will the Bill help you in that work, particularly in working with DEFRA and perhaps the police? Would it strengthen your powers to trace those origins and perhaps return those animals to their original home?

Dr Chris Draper: That is a very interesting question. For the most part, unless I am completely forgetting one or two, these animals will have come from a variety of sources within the captive industry, so they will almost certainly have been captive bred. They may or may not have been linked to private ownership, existing circuses or the zoo industry. There is a close connection between those three things that continues to exist to this day. How that applies to these particular individual 19 or so animals has not been easy to establish, in my opinion.

Jordi Casamitjana: I would say, although it might or might not help people in individual cases, the purpose of the Act is not to address these 19 individuals, it is to address all the other possible animals that could come from now on. This is what the Act is all about. The fact there are 19 makes it easier to enforce and manage and find a place. It still will give it some strength, morally speaking, and the public will still be behind it if the 19 were 190—it would be the same situation. It would be a logistical problem, but from the point of view of ideology, why one animal should be banned would not change. In this case, the law has to be seen as a law to prevent a problem from arising in the future, rather than to solve a problem that already exists.

[Trudy Harrison]

Q This bans the use of wild animals. I had an initial thought: “Why would any travelling circus take a redundant wild animal along with it, because it would cost money to feed it?” However, recognising that circus organisers and animal trainers will love their animals and will have developed a bond over many years, there is the risk of animals travelling with the circus but not being used. Could their welfare be even more at risk because they may not get the attention and exercise that would have come from performing? Do you also agree that that is a risk to those existing animals and potentially to animals that are bred from them in the future?

Angie Greenaway: I think it is less of an issue in the future. I know there was a worry that when the draft legislation was first published in 2013 it did not directly address that. There is a risk that could happen. We hope it is unlikely, as you say, because of the cost and the effort to travel around with these animals and the fact that their welfare will be compromised. The public do not want to see these animals and that is why they want the ban. We hope they will do the right thing and give up their animals to be relocated at appropriate facilities. I know in their retirement plans it says that they would have a permanent base at their winter quarters. That is what we hope will happen. We accept there is a risk that could happen.

Dr Chris Draper: We would like the definition of “use” to include being kept within a travelling circus environment. We are fairly convinced that is the only way to ensure the welfare of these animals is met. A large problem comes from the itinerant nature of things. I share your concern that these animals may not be visible enough to have a welfare problem identified by a member of the public, for example.

Conversely, there may be the opposite, where animals are officially not classed as being used, but are still used as a draw to the circus, if, say, they are pitched in an enclosure next to the circus camp. That is still a draw to the public and the animals are there, albeit tangentially, to attract people to the circus. That needs careful scrutiny.

Jordi Casamitjana: I agree with Chris. Keeping the animals might be an issue. It might be something that needs to be looked at. Hence the role of the inspectors. The inspectors are the ones who, possibly, once they have gone to check a particular circus might see an animal that is wild but has not been used in the performance. They might start to ask questions: “Why is that animal here if it is not used in the performance? Should we apply the Animal Welfare Act? Should we ask questions about why it is moving from place to place if it is a wild animal that requires a different type of lifestyle and husbandry?” Then, perhaps, animal welfare will be advised. That is why it is important never to forget the inspectors, especially in the transition process when moving from having animals to not having them at all. If there are no animals in the future, the inspectors will not be needed, but they are needed now. I agree, a potential risk needs to be addressed and the inspectors can help that.

[Trudy Harrison]

Q In the interest of animal welfare, is it more important that we ban the wild animals from accompanying the circus, or that we have a transition plan in place for each and every one of the 19 wild animals?

Jordi Casamitjana: I think the important thing is to create a ban that prevents more animals being added to the equation and then deal with the 19. I think the ban is the first step, because that prevents any future problems from arising, and then you can deal with the 19 animals.

Dr Chris Draper indicated assent.

[Sandy Martin]

Q I would like to return to protection of animals that are currently in circuses and, indeed, protection of any animals that might be introduced into circuses in the future. First, have you had any experience in other countries of animals being put down as a result of bans? Do you know of that happening? Secondly, do you agree that we need to have in the Bill powers of seizure, and powers to ensure safe and sensible rehousing or rehabilitation of animals that are seized to protect their welfare?

Angie Greenaway: We have not come across any specific cases of euthanasia; I know you mentioned Mexico earlier. We have pulled together some information that we can provide to the Committee, but a lot of fake reports were put out. There were photos of animals, which were not the animals that were in the circus, showing them killed, but it was not the case—it was fake news. Obviously, circuses are not happy if you are legislating, because you are stopping part of their livelihood, so there will be a lot of stories and rumours. You have to look to see the truth behind that.

Whether this is dealt with in the guidance or something else, we and the public would really like to see these animals have a better life at the end of this. Even in winter quarters, as our investigations have shown, there are issues. There are animals that are abused and how they are kept might not be appropriate—there might not be the space to keep them. It would be better, and I am sure it is what the public want, if the legislation ensured that those animals have a better life afterwards.

Dr Chris Draper: I concur. Born Free has said repeatedly, alongside the RSPCA, that we would happily work with Government, the circuses and any other stakeholders to ensure a good retirement for any animals currently in use. I think it is worth reiterating that the proposed ban is on the use and therefore the activity. It is on the use of wild animals in circuses; it is not a ban on circus proprietors owning animals. There is a distinction to be made there.

That said, I think it is very much in the public interest that a plan is put in place, either within the guidance or through some other mechanism, to reassure people that the animals’ needs are not going to be compromised and that they will live out their life in the best possible situation.

Jordi Casamitjana: I would welcome a power of seizure—having something in the Bill that gives that power. It would not be used all the time, but would be an extra tool to be sure that problems do not occur. In cases where there is a conflict in terms of the owner not wanting to relinquish the animals or not wanting to take the animals to the RSPCA, Born Free sanctuaries or places where they could be rehabilitated, having that power would, I think, be a positive thing.