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

Sandy Martin Excerpts

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

[The Chair]

I was leaning forward to make sure that I could hear everything. My apologies for the room. The microphones are at their maximum, so there is nothing else I can do except ask people to speak up. A lady at the back has also indicated that she cannot hear, so it is not just me.

If Members have one or two questions that they want to run together, I am more than happy for them to do so. You do not have to limit yourself to one. Equally, if you want to come back later with another question, I am happy with that.

[Sandy Martin (Ipswich) (Lab)]

Q Some of the people who argue that we should not pass the Bill or that we should water it down say that we need to be much stricter about the definition of wild animals. In particular, they say that if animals are born and bred and live all their lives in a circus environment and know nothing else, it is wrong for us to take them away from that environment. What is your view of the animal welfare of animals that are born and bred in a circus environment and have lived there all their lives?

Nicola O'Brien: There are, perhaps, animals that find themselves born and bred into a situation that is not in their best interests. That does not mean that is all they know and therefore a situation that they should remain in. When a wild animal is born in captivity, it is still a wild animal with the same needs as its counterparts living in the wild. What matters is the fact that the environment is limited and does not provide that wild environment, not whether that is all they have ever known. The aim should be to give those animals the best that we can give them. If we deem that a circus environment does not meet those needs, that is what is important, and removing them from that situation into a better situation is the aim of this, ultimately.

Dr Ros Clubb: We are in agreement that whether an animal is born in a circus environment or in the wild, it is fundamentally the same animal biologically and has the same needs. We are satisfied with the definition of “wild animal” in the Bill, because it is very close to the definition used in the Zoo Licensing Act, which has been well used and well understood for many years; this definition will provide parity with another piece of legislation. We are satisfied with the definition as long as it is clear that an animal born in captivity is not domesticated; it still falls within the definition of a wild animal.

Daniella Dos Santos: We also agree on the definition of “wild animal”. Just because a wild animal is born in captivity does not make it domestic. It takes generations for an animal to become a domesticated animal. And a wild animal born in captivity will not necessarily have a life worth living, so we are not meeting their welfare needs. I do not think it is a justification: just because an animal is born in captivity does not mean that that is the best that we as a society can offer them.

[Sandy Martin]

Q What would you say to the argument that because animals are used for other purposes in other countries, that means that it is all right to use them to perform tricks in circuses in this country?

Daniella Dos Santos: We have a duty to lead. We have a duty to set out good animal welfare legislation and be at the forefront of animal welfare. It reflects directly on how we, as a human society, will respond to other humans and animals in our care. Just because something is occurring in a different country is not a justification for it happening here. I do think we need to put animal welfare above all else.

Dr Ros Clubb: In terms of the definition of “wild animal”, if an animal is not commonly domesticated in this country, we agree it should fit within that definition of a wild animal. The animals are not commonly kept as domesticated species, so they should fall within the “wild” category.

Nicola O’Brien: We have nothing to add, really.

[Sarah Newton (Truro and Falmouth) (Con)]

Q Each of you has made the very good point that this is about travelling circuses; we need to have effective legislation, as people move around the country. And you have mentioned the Scottish definition and how you feel that it would be beneficial if this Bill were to include that definition. It is my understanding that the Welsh Assembly has a draft Bill as well, so could you comment on the draft Bill and how compatible you feel that that is with the Scottish legislation and potentially this Bill?

Dr Ros Clubb: In terms of a comparison with the Scottish Act, there are a number of differences, one of which is that, on the definition of “travelling”, that Act goes into a bit more detail. There is also a quite detailed guidance document that goes along with the Act. We would like to see a similarly detailed guidance document to go along with England’s Act, to help to provide the background in terms of what is and is not covered. Scotland’s Act includes powers for constables to go into premises and to gather and seize evidence, which we would like to see in England’s Bill. My understanding from the Welsh draft Bill that we have seen is that it is more similar to Scotland’s Act. It would be beneficial if there were parity between the Acts across those three areas, because the circuses are travelling, as you say. Some of that could be done within the Act itself, but there is also that route of providing additional guidance to help to marry up the pieces of legislation.

Nicola O’Brien: Again, we do not have much to add to that. Fundamentally, the Acts will have the same impact as to where the circuses can be and what they can do, in terms of using animals or not, so we feel that the pieces of legislation match up quite well, but again, we would include the comments made by the RSPCA.

Daniella Dos Santos: My only extra comment would be that the more parity that there is, the less likelihood there is for any confusion when it comes to cross-border implementation and enforcement.

--- Later in debate ---

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Q You talk very compellingly about wild animals in circuses and their welfare. There is nothing in the Bill about domesticated animals in circuses. Do you have any views about whether that should be in scope, or whether there are welfare needs of domesticated animals that are not currently addressed?

Nicola O'Brien: Our organisation feels that those should also be banned from circuses. We feel that there are welfare needs of domestic animals that, again, are difficult to meet in a circus environment. The transportation—the loading and off-loading, and being transported—has its impact. A large part of the Bill is about ethics, and we feel that people are uncomfortable with animals being used in circuses, full stop, not necessarily with whether they are wild or domesticated. There is probably a difference: they are probably more concerned about wild animals because of their wild nature and freedom. There is definitely the argument that domestic animals are more suited to being around humans in the kind of environments that we house them in. However, we also recognise that the Bill is about wild animals. That was the question put to the public in the consultation—that is the focus for today—but this is something that we would also like to see prohibited in future.

Dr Ros Clubb: From the RSPCA’s perspective, we also have a position against the use of any animal in circuses. We have concerns because of issues such as the travelling, temporary enclosure and so on, of domestic animals. As Nicola said, in some cases the concern is probably less, because they are more adapted to a captive environment; nevertheless, concerns remain. We are very much minded that this legislation is focused on wild animals. That is where the opportunity lies to make change.

[Sandy Martin]

Q I want to ask quickly about the problem that might arise if there is nothing in the Bill about the seizure of the animals and care for them afterwards. There was an allegation in the evidence we have been sent that, after the ban was introduced in Mexico, a large number of animals were destroyed. Do you think that powers to seize animals and ensure that they are properly cared for afterwards would be important parts of any Bill that was going to protect the animals?

[The Chair]

Single-word answers and quickly, please.

Daniella Dos Santos: Yes, we would welcome guidance.

Dr Ros Clubb: Yes, we would also welcome that.

Nicola O'Brien: Yes.

[Sandy Martin]

Thank you.

[The Chair]

That brings us to the end of the time allotted for the Committee to ask questions—we really do count it down in seconds in this place. I thank the witnesses on behalf of the Committee for their evidence and Committee members for being so tolerant and withdrawing questions at the end.

Examination of Witnesses

Angie Greenaway, Dr Chris Draper and Jordi Casamitjana gave evidence.

--- Later in debate ---

[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.

[Sandy Martin]

Q Also, you mentioned one circus trying to reintroduce elephants in this country. Three of the respondents to this Bill have suggested that elephants and lions could and possibly would be reintroduced to circuses in this country, even under the current licensing regime. Therefore, do you believe that, if possible, we should introduce this ban sooner than 20 January 2020?

Dr Chris Draper: In an ideal situation, absolutely. I think the risk of new—well, they are not new. The risk of species that are not currently in use being introduced is very real. There was, as I understand it, an application by a big cat exhibitor for a licence under the current system. In my understanding, the current licensing system was put in place as a temporary stopgap, but the unfortunate consequence of it is that it legitimises the use of animals in circuses. I think we need to do an about-turn from that fairly quickly, and if that can be done before January next year, so much the better.

Jordi Casamitjana: I agree: the sooner, the better.

Angie Greenaway: I agree. Our organisation conducted the investigation of those elephants when they came to a circus in this country. There is actually an act that toured multiple countries across Europe. Our investigation found evidence of chaining for 11 hours of the day and abuse from both the person caring for the elephant and the presenter. That is a real worry. A lot of these elephants have been captured from the wild and still perform in circuses. Anne the elephant was permanently chained in her winter quarters and violently beaten. The thought that that could happen fills us with dread.

It has been a few years since big cats have been in this country, but our investigations have shown that they are kept caged most of the day and exhibit stereotypical pacing behaviour to show that they cannot cope with the environment they are in. All wild animals suffer in circuses, but elephants and big cats suffer especially.

[Mr Seely]

Q Are you and other welfare groups happy that there are sufficient powers in the Animal Welfare Act 2006 for the police to intervene and take action against circuses and owners who abuse animals in the traveling circus format that we are talking about?

Dr Chris Draper: The point we discussed a little earlier about giving powers to the police for site visits and inspections and seizures would be an improvement on the current draft of the Bill. I defer to the RSPCA’s experience on the existing powers, given that it works so closely on those issues.

Jordi Casamitjana: In terms of animal welfare, the Animal Welfare Act comprehensively covers that. The bit it does not cover is in identifying whether there is a wild animal in the circus. You need powers in the Bill specifically for that purpose. It does not need to be a DEFRA inspector to cover that—it could be the police as well—but you need that extra power to be able to enter a location and find out which animals are kept there, whether they perform and whether they are wild. That is kind of beyond the Animal Welfare Act.

Angie Greenaway: I agree and defer to the RSPCA. Our issue is that we have exposed suffering and violence where inspections have not. It is about being aware. While these animals are allowed to be used, it is quite difficult to obtain evidence of their suffering. It takes long-term observation, and inspectors who just come for a couple of hours might miss things that are happening behind the scenes.