I am glad that we have found parliamentary time in this otherwise packed parliamentary schedule for this really important Bill—because this is a really important Bill. The focus on it and the attendance in the Chamber today should not be taken as a lack of interest in this important area. There is cross-party
support for the Bill. I wish to put on record my thanks to the Minister for the way that he has led this Bill from the Government’s point of view, genuinely listening to the concerns of the Opposition, and particularly the concerns of the stakeholders that we have been giving voice to.
There are currently 19 wild animals in circuses. It has been made clear by the evidence we heard in the Bill Committee that the British public do not want wild animals in circuses any more. They want to see wild animals out of circuses. That means that the six reindeers, four zebras, three camels, three racoons, one fox, which is still not for hunting, one macaw and one zebu need to be freed. In doing so, we send a strong message that our values as a country will be put into legislation. This effort was started 10 years ago by the then Labour Government who tried to bring in a ban on wild animals in circuses. Sadly—sadly for many reasons—the general election got in the way and that was thwarted. It has taken us nine years to get to the point where this legislation is being considered by the House of Commons and I am glad that it is.
Labour will support this Bill in principle today, but there are some aspects that we would like to see strengthened. The hon. Member for Shipley (Philip Davies) raised a number of those in his opening remarks for this debate. As soon as this Bill receives Royal Assent, there should be no new wild animals in our circuses in the country. We should send a clear message to circus owners and to the general public that once this Bill has passed, not only will wild animals be banned from 20 January 2020, but no new licences for wild animals will be given by the Government—that is one of the amendments that I will come to in a moment. It is important that we prevent a last hurrah for wild animals in circuses. This is not just about the camels, the zebu and the macaw, but about the risk that we get other wild animals—elephants, tigers, lions and other wild animals that we currently do not have in our circuses—being brought back for a last hurrah. I am talking about a PR stunt by circus operators—those with animals now and perhaps those without—to say that they will give one last push to show a tiger perform tricks, one last push to show a lion stand on its back legs and clap, and one last push for people to see horrendous displays. That is not something that the Opposition want, that the Government want, or that the British public wants. That will be one of the amendments that I will come to in just a moment.
In travelling circuses, wild animals are carted from one venue to another, sometimes in cramped cages and barren trailers and are taught to perform wholly unnatural tricks, often through fear of punishment. There is unequivocal evidence that wild animals are not suited to the travelling life where they are denied even their most basic needs. Animal welfare groups and Labour members are concerned that, without extending the powers of entry to the police and without a power to seize wild animals, the enforcement of this Bill will be much more challenging than it needs to be. While this Bill is being brought forward on ethical grounds, Labour believes that we still must champion the welfare of animals through its implementation. Without the powers of seizure it will not be possible to ensure that the welfare needs of these animals are fully met in the future.
Labour’s new clause 4 would introduce a moratorium on issuing new licences and adding any new animals to current licences. The moratorium would come into force on the day the Act is passed to ensure that there is no last hurrah for wild animals in circuses. In Britain, we rightly think of ourselves as a nation of animal lovers, but we have to put that into practice because every wild animal matters. We are sadly chasing the pack, because 45 countries have already banned wild animals in circuses, and Britain is following in their wake. For our animal welfare policy to be a roaring success, we must claw back the ground lost to other countries. We must send a clear message that it is not only from January 2020 that we must ensure there are no wild animals in circuses; there must also be no new wild animals added to travelling circuses in the period between Parliament considering this legislation and its coming into full force.
People in England and the rest of the UK do not want to see wild animals performing in circuses. There is a strength of feeling that has only increased since the Labour Government consulted on the matter in 2009. I am grateful to the Minister for outlining in Committee DEFRA’s latest consultation, which shows a continuing and overwhelming support from the British people for banning wild animals in circuses. The interesting thing is that quite a lot of British people already think that there is a ban in place. They already believe that wild animals are no longer allowed to be used for entertainment in circuses, and that tigers, elephants and lions can only be seen in films set in Victorian times that recreate the circuses of old. But that is not necessarily the case. Wild animals can be used in circuses if the Government grant a licence.
The moratorium we are proposing is so important because it sends the message that there will be no new wild animals—no tigers, lions or elephants—appearing in our circuses. We need to put this idea into practice. I have spoken to the Minister and I hope that he will take seriously the concerns about the intervening period raised by the Opposition so that we can prevent a last hurrah. I am open to having a discussion with him about how best to take such a measure forward. There is overwhelming cross-party support for this measure and this is a genuinely non-partisan effort by stakeholders and the Opposition to ensure that no new wild animals can be put in circuses, and that is the spirit in which the new clause was tabled.
Without new clause 4, there is a possibility that new animals and new species could be introduced between now and the commencement date of the legislation on 20 January 2020. The only restriction in the current licensing arrangement is that the animals must be inspected, and found to be fit and healthy. Unless we make it clear in the Bill that introducing new animals will not be permitted, there will be nothing to prevent additional licences being granted so that wild animals can be taken on tour in the final few months of wild animals being allowed in circuses. I can imagine this being used as a public relations sell on posters up and down the country: “This is the final time to see a lion in our circus.” We must send a clear message from this place today that that is not acceptable.
We cannot have any more big cats in circuses. We do not want any extra zebus or raccoons being brought into our circuses. The public would want the Government
to stop that from happening. Given that there is cross-party support for stopping such behaviour from 2020, the British public would not understand why we would allow more animals for a last hurrah before the legislation came into force. The public do not support wild animals in circuses, and there is strong agreement across the House that this measure should be put in place. I would be grateful if the Minister would look seriously at what can be done to ensure that there is no last hurrah. Under the current licensing arrangements, Thomas Chipperfield toured Wales and England with two lions and two tigers as recently as 2015. The longer that licences can still be issued, the greater the risk that animals could be brought back into circuses, and none of us wants to see that. New clause 4 would simply tidy up the legislation to ensure that that cannot happen.
If the Minister decides not to accept our new clause or to work with us on the issue, he will need to rely on the good will of circus operators. I do not doubt the passion of the circus operators we heard evidence from in Committee, who feel that they love their animals. I genuinely believe that they love their animals. However, the way to demonstrate that love is not to put them on show. There is a real risk that in the final hurrah—the last few months before the legislation comes into force—there will be an additional sell to try to get more people to buy seats in circus big tops to see the wild animals there. We should not accept that. There is no legal method that the Government could use to prevent licences being issued if a licence application conformed to the existing rules. The only check is on the welfare of the animal, to ensure that it is being well looked after. If there can be wild animals in circuses under current arrangements, there could also be additional or replacement animals in circuses during the interim period under the current arrangements in this Bill. There must not be a last hurrah for wild animals in circuses.
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Amendment 4, which stands in my name, would extend the powers currently given to inspectors to police constables. Although the Bill provides for certain appointed inspectors to enforce the legislation, animal welfare groups have told us that these powers should be extended to police constables. This is already the case in the Wild Animals in Travelling Circuses (Scotland) Act 2018. Including this in the English legislation would not only ensure that there was minimal difference in enforcement across the UK, but would also facilitate a quick response to allegations of illegal animal use. Allowing police constables to enforce the Bill, alongside inspectors—we are not seeking to introduce a hierarchy as between police constables and the inspectors—would ensure that any breaches of the legislation were addressed in as timely a manner as possible.
As a minimum, the Opposition would like the Government to include in the guidance associated with the Bill that a police constable could be one of the individuals taken into premises by an inspector appointed by DEFRA under the Act, and that in these circumstances the officer would have the same powers as the inspector. Suitable specialists in wild animals could accompany officers where needed. Since the Ivory Act 2018 passed through Parliament recently and now the Wild Animals in Circuses Bill, there has been a renewed enthusiasm for the skills and expertise of the National Wildlife Crime Unit. I want to put on record my continuing
thanks for the work of this very small band of dedicated professionals, who look after animals across the UK. In many cases, it could well be this unit that would help to enforce parts of this legislation. Tidying up the Bill to include constables as well as inspectors could make a very big difference. It is essential for the police to have an explicit role to ensure the welfare of the wild animals. This should be made clear, ideally in the legislation itself; if not, it should be clarified in the accompanying guidance.
My new clause 5 and amendment 5 would ensure that if a wild animal was found being used in a travelling circus—in breach of the ban under this legislation—there would be an opportunity to remove the animal and for it to be cared for appropriately, rather than leaving it in situ. In Committee, we heard evidence from circus operators who said that in some circumstances they would continue to tour with their animals after the ban came into place, because they feared they could not leave the animals in any other environment. Although such actions may adhere to the letter of the law being proposed in this Bill, this could mean a risk of breaching the legislation through future use of the animals for entertainment purposes. In the event of a breach of the ban—in which case there is a risk of wild animals being subjected to continued cruelty by being held in small cages and environments that are not suitable for their continued care—new clause 5 and amendment 5 would ensure that the animals could be seized and appropriately rehomed.
When we were in Committee, I tweeted that I was sure that, as a nation of animal lovers, there would be plenty of people who would want to help rehome these wild animals. And, my word, plenty of people responded on social media. Indeed, the wildlife organisations that have been so good and professional in the advice they have given the Opposition have also said that they would welcome the opportunity to rehome any of the animals, should a home be required for them. I imagine that most people who care for the wellbeing of animals would want to know that the animals could be taken to a place of safety in the event of a breach.
The needs of animals in travelling circuses cannot be met if the animals remain in the travelling circus. We must have the proper mechanisms in place to enforce this legislation so that we can protect their welfare when it comes into effect. The Minister said in Committee that although he understood our concern that in some situations animals might need to be removed from the premises on safety or welfare grounds, such powers were already provided for in existing legislation, so our amendments were not necessary. We disagree with that assessment, which is why we have tabled them again today.
Sections 18 and 19 of the Animal Welfare Act 2006 enable seizure only when animals are in distress or suffering. The Minister’s comments did not address the RSPCA’s concern that there should be a specific power of seizure and rehoming of a circus animal, even if it is not in distress or suffering. That is important, because this Bill is being introduced on ethical grounds, not necessarily on animal welfare grounds. That distinction is really important. Especially if we are to address wild animals being used or transported in travelling circuses in future, we need to make sure that that works on ethical grounds as well as animal welfare grounds, in the spirit of this Bill.
If a wild animal found in a circus is not in distress or suffering at that moment, there is no power to intervene under the Animal Welfare Act, so the animal could not be seized or taken to a place of safety. We have heard from numerous animal welfare organisations how difficult it is to prove cruelty or suffering under the Act, and that this is even more difficult in the case of a circus that is moving from place to place with no published tour schedule, necessarily, beyond the immediate next performances. One of the reasons we would like police constables to have the same powers as inspectors is to help to solve this issue as well.
I hope that the Minister will respond positively to the issues that the Opposition have set out. At this stage of the consideration of the Bill, there is an opportunity to work further on the moratorium proposals to make sure that no new wild animals can be introduced into circuses. The Minister, as the consummate professional I know he is, would certainly be embarrassed if he had egg on his face as a result of more wild animal licences being applied for between now and the commencement date of this legislation. Introducing a moratorium not only makes good political sense but makes good welfare sense for the animals involved. If he could also set out his ambition to include constables either in the legislation or in the guidance, that would go a long way towards addressing the concerns that we have heard from stakeholders along the way.
In conclusion, I would like to draw on some of the words of Professor Stephen Harris, who was the expert commissioned by the Welsh Government to look into the welfare of wild animals in travelling circuses. His report, published in April 2016, provides strong evidence that wild animals in travelling circuses not only suffer poor welfare but do not have a “life worth living”. We need to make sure that all animals have a life worth living. If the Minister can look favourably on these amendments in the spirit in which they are tabled, we can move this Bill forward in a spirit of cross-party co-operation to ensure that there are no more wild animals in our circuses. We can have a future where those wild animals are able to enjoy themselves and live out the rest of their lives in more natural surroundings, and not forced to entertain for human pleasure in sometimes difficult and cruel environments.