My Lords, my noble friend’s amendment seeks to introduce a definition of “travelling circus” into the Bill. As has been said, these matters were discussed at Second Reading. My remarks may therefore repeat what I have already said to your Lordships.
We chose not to provide a definition of “circus” in the Bill because we believe that it is better to use its common meaning. We believe that the same principle applies to “travelling circus”. Let me expand on that. We do not believe that a definition is necessary. “Travelling circus” is a commonly used and well-understood term; we do not think that enforcers or the courts will have problems spotting one. In fact, my noble friend Lady Anelay went to the heart of the matter. I think that my noble friend Lord Mancroft may not have
envisaged the problem with providing a definition: that it could result in a definition that is too wide and takes in other activities that we do not wish to see banned. Alternatively, it could be drawn too narrowly and provide operators with parameters by which to circumnavigate the ban. A common-understanding approach means that it will always be relevant.
Also, in its pre-legislative scrutiny of the Bill, the EFRA Committee agreed that we do not need to define “circus”. To assist in clarifying what the legislation will cover, we will draw up guidance; the noble Baronesses, Lady Parminter and Lady Jones of Whitchurch, and my noble friend Lady Anelay referred to this. The Scottish Government, who also chose not to define “circus” in their Act, have taken this approach, and we will take a similar one. I can confirm that we will publish guidance to the Bill by 20 November, two months before the ban comes into effect, as I said at Second Reading.
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The definition provided in my noble friend’s amendment, which states that a travelling circus is,
“any place where a wild animal associated with such a circus is kept”,
would mean that a circus operator would be prevented from using their wild animals anywhere, extending the Bill to activities outside the circus. The Bill has a specific purpose: to prohibit the use of wild animals in travelling circuses. It is not our intention to prevent circus operators owning wild animals or using them in other types of work, such as in television and film production. My noble friend’s amendment would go too far by preventing circus operators from ever using their wild animals, and would unfairly target circus operators over other owners of wild animals. Is that my noble friend’s intention? I do not think so.
My noble friend made another point in reference to the definition in the Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012. The licensing regulations did not define “circus” but had to provide a definition of travelling, as in “travelling circus”, because—I emphasise this—for the purposes of licensing and inspection, we needed to include all areas associated with a circus where a wild animal might be kept; for example, winter quarters. There is no such issue here. We propose not to prohibit circus operators owning these animals but to restrict their use in a travelling circus, which is the sole focus of the Bill.
My noble friend Lord Swinfen mentioned the welfare of the 19 animals—again, this was raised with some degree of concern across the House. The operators of both services have put on record that their animals will either be rehomed, retired to their winter quarters or used in other work. These are trained animals; it is not uncommon for the circus industry to use its animals for TV and film work, for instance.
My noble friend Lord Caithness raised the issue of falconry. I make it absolutely clear that the legislation will apply only to travelling circuses. Activities involving animals that will not be affected include travelling birds of prey demonstrations, wild animals performing in summer galas, television and film production work, and small zoo animals going to schools for an educational visit. These activities, for instance, and others will be stated specifically in the guidance. I should also declare,
as the former president of a county show, that I am well aware of the importance of this from an educational point of view specifically. I must say, all the falconry displays I have been to have never been under canvas; they have always been in a larger area than the one my noble friend describes.
The Government feel that the amendment is neither necessary nor desirable. As I said at Second Reading and earlier to the Committee, we will produce detailed Defra guidance to assist inspectors and circuses and set out the types of activities that we consider will and will not be covered by the ban. For these reasons, I very much hope that my noble friend will withdraw his amendment.