My Lords, I apologise for the fact these three short amendments are starred, which I know is very unhelpful to the Committee. One of the people assisting me with them was unwell over the weekend, so I tabled them as early as I could. They are not hugely complicated, so I do not think that that will inhibit us too much. I want to record my apologies for that. I am also very sorry that I was unable to speak at Second Reading. I was detained elsewhere, but I heard two or three of the speeches. I hope your Lordships can forgive me on that too.
I do not have a great deal of interest to declare in circuses. I do not think that I have visited one for a very long time. I used to go to Bertram Mills Circus in London when I was a small boy. I secretly admit—and I know that no one will let it be known outside this Room—that I always hoped that a lion would eat the lion tamer, but one never did, obviously, as it never happened. That is my only interest.
If this Bill is to become law, like all Bills it needs to be as clear and unambiguous as possible to ensure that those who will no longer be able to trade in England by virtue of it are under no illusion or misconception that they will not be prosecuted for continuing with their hitherto lawful livelihoods. This is despite the fact that no one has really explained why what is a perfectly lawful business today will suddenly become criminal following the passage of the Bill into law, apart from the rather dubious ethical argument, which the noble Lord, Lord Trees, who I do not think is in the Committee, told your Lordships at Second Reading,
“leads us on to very contentious ground”.—[Official Report, 19/6/19; col. 796.]
He was right. In my experience, when the Government rely on ethics as the basis for legislation, what they really mean is that they cannot come up with a sound reason that can withstand any close examination. That may be slightly cynical of me, but I think it is true.
As the Bill is specifically targeted at the business of a “travelling circus”, it therefore needs to be clear what is meant by that term. The idea that a common meaning is to be used for the term on the basis that to define what a travelling circus is in law risks the eventual Act reaching further than originally intended or allowing the travelling circuses to modify their businesses to avoid being caught under the law is, frankly, nonsense. It is an argument that my noble friend the Minister advanced at Second Reading. If it had a shred of truth to it, your Lordships would not devote the hours that we do to putting definitions of terms in practically every Bill that passes through this House. It just gives credence to those who might suggest that the Bill has been drafted with expediency, rather than thought.
The definition I seek to include in the Bill is taken from the current regulations. If it was good enough then, surely it is good enough for the Bill. It is a clear and precise definition and there is no evidence that it has not worked for the purposes of the regulations or that the two travelling circuses in England today have sought to remodel themselves in some way to avoid having to comply. It should be noted that the Wild Animals in Travelling Circuses (Scotland) Act 2018 contains a similar, if arguably broader, definition. This provides absolute clarity in life and in law as to what is meant by a “travelling circus”. I beg to move.