BRIEFING PAPER
Number CBP05992, 29 April 2016
Wild Animals in Circuses
By Elena Ares
Hannah Cromarty
Inside:
1. Background
2. Licensing Scheme for Wild
Animals in Circuses
3. Banning Wild Animals in
Circuses
4. Policy in the Devolution
Administrations
www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary
Number CBP05992, 29 April 2016
Contents
Summary
3
1.
Background
5
2.
2.1
2.2
2.3
2.4
2.5
Licensing Scheme for Wild Animals in Circuses
Licensing Scheme Announcement
Reactions to Licensing Scheme Announcement
Government Consultation on Licensing Scheme
Licensing Scheme Regulations
Licensing Scheme Implementation
7
7
8
9
10
11
3.
3.1
3.2
3.3
Banning Wild Animals in Circuses
Compatibility with EU Legislation
Successful Backbench Motion
Government Confirms Intention to Ban the Use of Wild
Animals in Circuses
Draft Wild Animals in Circuses Bill
Pre-legislative Scrutiny of the Draft Bill
Timetable for Introducing the Bill
Wild Animals in Circuses (Prohibition) Bill 2015-16
12
12
13
Policy in the Devolution Administrations
Scotland
Wales
Northern Ireland
19
19
20
20
3.4
4.
14
15
16
17
18
Cover page image copyright: Attributed to: I have your back by mtstradling. Licensed under
CC BY-NC 2.0 / image cropped.
2
3
Wild Animals in Circuses
Summary
Following on from debate during the passage of the Animal Welfare Act
2006 through Parliament, the Labour Government carried out a public
consultation on how best to safeguard the welfare of wild animals in
travelling circuses in England. 94.5% of respondents considered that a
ban on the use of wild animals in circuses would be the best option to
achieve better welfare standards.
The Coalition Government initially decided not to ban wild animals in
circuses, but to introduce a licensing scheme instead. This note covers
the policy developments following on from this decision.
Licensing Scheme for Wild Animals in Circuses
In May 2011 the Coalition Government announced its decision to
introduce a licensing scheme for wild animals in circuses in England,
using powers provided by the Animal Welfare Act 2006. It considered
that a complete ban would require primary legislation, and indicated
that there were potential legal impediments to legislating for a ban.
Following unsuccessful legal challenges to a ban on wild animals in
circuses in Austria, the Coalition Government announced, on 1 March
2012, that it intended to bring forward primary legislation at the earliest
opportunity to ban circuses from using wild animals. In the meantime,
however, it would proceed with implementing the licensing scheme to
ensure high standards of welfare for wild animals in circuses, until a ban
could be introduced. The Government consulted on the proposed
licensing scheme, and regulations to bring in the licensing scheme came
into force in January 2013.
A total of 18 wild animals were licensed for use by two circuses during
the 2015 circus touring season.
Wild Animals in Circuses Bill
In April 2013 the Coalition Government published a draft Wild Animals
in Circuses Bill for pre-legislative scrutiny. The draft Bill made it an
offence for any circus operator to use a wild animal in performance or
exhibition in a travelling circus in England.
In its scrutiny report the Environment, Food and Rural Affairs Select
Committee suggested a proscribed list of wild animals in circuses, rather
than a complete ban, which the Government rejected. The Government
also rejected the Committee’s recommendation that enforcement
powers be extended to constables.
The current Government has confirmed its intention to introduce
legislation to ban the use of wild animals in circuses when parliamentary
time allows. However, as of April 2016 no date had been set for a Bill
to be introduced to Parliament.
Number CBP05992, 29 April 2016
Policy in the Devolved Administrations
Animal welfare is a devolved matter, and the Devolved Administrations
are adopting different approaches to the issue of wild animals in
circuses. The Scottish Government is considering the best way forward,
following a public consultation in 2014. The Welsh Government is
conducting an independent review on the evidence of animal welfare of
wild animals in travelling and non-travelling circuses. Meanwhile, the
Northern Ireland Executive is investigating the possibility of an all-island
approach to the issue of wild animals in circuses through adoption of a
Code of Practice.
4
5
Wild Animals in Circuses
1. Background
Following on from debate during the passage of the Animal Welfare Act
2006 through Parliament, the Labour Government launched a
consultation in December 2009 seeking views on how best to safeguard
the welfare of wild animals in travelling circuses in England. 1 The
consultation sought views on three possible options: a complete ban;
voluntary self-regulation; or statutory regulation.
A summary of consultation responses was published in March 2010. 2
10,576 individual responses to the consultation were received and
analysed, supplemented by 2,331 campaign postcards. 94.5% of
respondents considered that a ban would be the best option to achieve
better welfare standards for wild animals in circuses. 29.5% of
respondents thought that visits from a trained inspector would also be
an effective measure to safeguard the welfare of wild animals.
Respondents who favoured intervention, including animal welfare
groups and a number of veterinary organisations, focused on the
difficulty of a circus environment providing for the complex welfare
needs of wild animals. On the other hand, supporters of wild animals in
circuses, including travelling circuses which used wild animals and their
representative bodies, disputed the view that circuses cannot support
the welfare needs of wild animals. They contended that animals were
regularly inspected and highlighted the small number of successful
prosecutions brought against circuses. 3
The then Minister for the Department for Environment, Food and Rural
Affairs (Defra), Jim Fitzpatrick, wrote a letter on publishing the
consultation responses stating that he was minded to introduce a ban:
On the basis of the preliminary analysis that Defra’s animal
welfare team have done on the responses received, I am minded
to pursue a ban on the use of wild animals in travelling circuses in
England.
A full analysis of the responses to the consultation will be
completed before the summer recess and we will be able to
comment in more detail in due course on how best to safeguard
the welfare of these animals.
However, a written answer in June 2010 did not commit the new
Coalition Government either way on the issue:
Jim Fitzpatrick: To ask the Secretary of State for Environment,
Food and Rural Affairs what plans she has for the future
regulation of use of wild animals in circuses. [2763]
Mr Paice: We will consider the results of the recent public
consultation exercise on the use of wild animals in travelling
circuses before deciding what future action to take, if any. 4
1
2
3
4
Defra, Consultation on the use of wild animals in travelling circuses, December 2009
Defra, Initial summary of responses to the Defra public consultation exercise on the
use of Wild Animals in Circuses, March 2010
Defra, Welfare of Wild Animals in Travelling Circuses: A Consultation, March 2012
PQ 2763 [Animal Welfare: Circuses], 22 Jun 2010 c121W
Labour Government
consulted on options
to safeguard the
welfare of wild
animals in circuses.
94.5% of
respondents
considered a ban
would be the best
option.
Number CBP05992, 29 April 2016
According to press reports, although nothing was said officially by the
Government, this position may have changed temporarily on the release
of undercover footage in March 2011 of a keeper mistreating and
beating the only elephant still owned by a UK circus. 5
In May 2011 the Coalition Government indicated that it was in
discussion with various industry bodies and charities, with proposals
being put forward by them for regulations:
Mr Jim Cunningham: To ask the Secretary of State for
Environment, Food and Rural Affairs pursuant to the answer of 17
February 2011, Official Report, columns 923-24W, on animal
welfare: circuses, which representatives of welfare groups and the
circus industry have had discussions with Lord Henley; and which
industry body has proposed a self-regulatory system for the use of
wild animals in circuses. [54015]
Mr Paice [holding answer 4 May 2011]: Lord Henley held
separate meetings with representatives from animal welfare and
circus industry organisations on 22 July 2010. The animal welfare
organisations were represented by Animal Defenders
International, Captive Animal Protection Society, Royal Society for
the Prevention of Cruelty to Animals, and Born Free. The circus
industry organisations were represented by the Association of
Circus Proprietors, Classical Circus Association, European Circus
Association, Performing Animal Welfare Standards International,
Circus Mondeo and Bobby Roberts' Circus.
At Lord Henley's meeting with circus industry organisations, it was
agreed that they would provide ideas on how a regulatory system
could work. A proposal was subsequently received by Performing
Animal Welfare Standards International. 6
5
6
‘Anne the elephant leaves Bobby Roberts circus after cruelty inquiry’, Guardian, 31
March 2011
PQ 54015 [Animal Welfare: Circuses], 9 May 2011 c940W
6
7
Wild Animals in Circuses
2. Licensing Scheme for Wild
Animals in Circuses
2.1 Licensing Scheme Announcement
On 13 May 2011 the Coalition Government announced its decision to
introduce a licensing scheme in England, using powers provided by the
Animal Welfare Act 2006:
Any circuses in England that wish to have wild animals such as
tigers, lions and elephants performing in them will need to
demonstrate that they meet high animal welfare standards for
each animal before they can be granted a licence to keep those
animals. Areas being considered as part of licensing conditions
include:
• the rules for transport of the animal, including how long animals
can spend being transported without rest periods;
• the type of quarters that must be provided for the animal,
including the size of the quarters and the facilities provided,
including winter quarters;
• the treatment of animals by trainers and keepers, including
performance and the training methods that may be used. 7
The written statement accompanying the announcement made
reference to a court case regarding an Austrian ban on wild animals in
circuses which might prevent a similar ban being implemented in the
UK:
The Austrian Government have recently been taken to court for
their attempt to ban wild animals in circuses. This Government
want to take action as soon as possible to protect wild animals in
circuses without waiting for the outcome of that judgment. For
this reason we propose to introduce a strict licensing regime using
powers provided under the 2006 Act. 8
James Paice, then the Minister for the Department for Environment,
Food and Rural Affairs (Defra), further clarified the Government’s
position in response to an oral question:
The very strong legal advice that we have received, which is
consistent with the case being prepared against Austria, is that a
total ban on wild animals in circuses might well be seen as
disproportionate action under the European Union services
directive and under our own Human Rights Act 1998. We believe
that to have pursued a ban in the light of that legal advice would
have been irresponsible. 9
The legal issues around banning the use of wild animals in circuses are
discussed in Section 3 of this paper.
7
8
9
‘Tough new licensing regime for wild animals in circuses’, Defra, 13 May 2011
HC Deb 13 May 2011 c48WS
HC Deb 19 May 2011 c497
Coalition
Government
announces decision
to introduce a new
licensing scheme for
wild animals in
circuses in England
rather than a ban.
Number CBP05992, 29 April 2016
8
2.2 Reactions to Licensing Scheme
Announcement
There were significant concerns amongst animal welfare groups
regarding the decision not to introduce a ban, supported by a campaign
led by the Independent newspaper:
The Government's failure to ban wild animals in circuses has been
criticised by a former expert adviser to the Department for
Environment, Food and Rural Affairs (Defra) Raymond Ings, a
specialist in elephant welfare who served on Defra's Zoos Forum
for eight years, described the decision as "completely barking
mad". He said circuses were "fundamentally unsuited" to keeping
elephants, big cats, bears and other wild animals.
Mr Ings, who trained Government-approved zoo inspectors until
last year, said: "When I heard this I was spitting blood. There is
not an animal-welfare scientist in this country saying circuses
could ever provide an environment for elephants.
"After the public has gone home the animals are chained up in
beast wagons for hours. The environment is far too restrictive. The
best zoos can meet the needs because they are static. Circuses
can't, because you have to up sticks all the time and you can't
give them the space."
As The Independent predicted earlier this month, Defra did a Uturn on its support for a ban last week and proposed new
regulations that would instead see officials inspect and license
every wild animal performing in the big top. Downing Street is
understood to have blocked a ban because of concerns about
introducing extra red tape.
The RSPCA said it was "furious". Three circuses, The Great British
Circus, Circus Mondao and Jolly's, use about 20 wild animals,
including tigers, zebras, and pythons.
The debate about wild animals in circuses was ignited again last
month when undercover footage showed a groom at Bobby
Roberts Super Circus beating Britain's last circus elephant, Anne,
with a pitchfork. Anne was relocated to a wildlife park. But more
elephants could be imported, as they were two years ago when
the Great British Circus borrowed three from Germany.
Circus owners say their animals have adequate space and are not
mistreated during training. But animal-welfare groups complain
that the animals spend long periods confined in "beast wagons"
or enclosures, which are much smaller than those recommended
for zoos. 10
10
‘Former adviser attacks circus animals 'failure'’, The Independent, 16 May 2011
Animal welfare
groups were
concerned at
Coalition
Government’s
decision not to ban
the use of wild
animals in circuses.
9
Wild Animals in Circuses
2.3 Government Consultation on Licensing
Scheme
Following unsuccessful legal challenges to a ban on wild animals in
circuses in Austria, on 1 March 2012 the Coalition Government set out
its policy with regards to wild animals in travelling circuses in England.
The Government announced that it intended to bring forward primary
legislation at the earliest opportunity to ban travelling circuses from
using wild animals. In the meantime, owners of travelling circuses would
be required to meet new licensing standards to ensure high welfare
conditions for wild animals. 11
Coalition
Government
announces intention
to introduce primary
legislation to ban the
use of wild animals in
circuses at the
earliest opportunity.
The Animal Welfare Minister, Lord Taylor, said:
There is no place in today’s society for wild animals being used for
our entertainment in travelling circuses. Wild animals deserve our
respect.
We have said many times we wanted to ban this outdated
practice, but before we could do that there were serious legal
issues we had to consider.
We are developing proposals to introduce a Bill as soon as
Parliamentary time allows. In the meantime we are introducing a
Circus Licensing Scheme to ensure decent conditions for wild
animals in travelling circuses. 12
At the same time the Government launched a public consultation on
the proposed licensing scheme. Under the proposals anyone
responsible for a travelling circus that used wild animals in a circus
performance would need to hold a valid licence, meet strict welfare
standards, prepare and follow plans for caring for every animal and
have a retirement plan for each animal. The proposed welfare standards
would cover all aspects of life for a wild animal in a travelling circus
environment including:
•
•
•
•
•
•
Good accommodation and housing whilst being transported, at a
performance, and in winter quarters;
Full veterinary care;
Controlling carefully who has access to the animals;
Diet including food storage, preparation and provision;
Environment such as noise and temperature; and
Welfare during training and performance. 13
The public consultation closed on 25 April 2012. Following analysis of
the consultation responses the Government concluded that the
proposed licensing scheme would be robust and workable:
A total of 236 formal responses to the consultation were received.
Responses were generally supportive and the overarching
conclusion is that our proposed licensing regime would be robust
and workable, subject to careful consideration of the detailed
points of feedback received. The analysis of responses and
11
12
13
‘Circuses to be banned from using performing wild animals’, Defra, 1 March 2012
Ibid
Ibid
Government
conducts a public
consultation on
proposals for a
licensing scheme as
an interim measure
to ensure high
welfare standards for
wild animals in
circuses.
Number CBP05992, 29 April 2016 10
Government response sets out in detail how feedback has been
used to improve the package. 14
A summary of the responses to the consultation, along with the
Government’s formal response, has been published on the Defra
website.
2.4 Licensing Scheme Regulations
Draft regulations to bring in the new licensing scheme were laid before
Parliament on 12 July 2012. At the same time the Government
announced that drafting of legislation to bring in a full ban was
underway:
In March, the Government confirmed its intention to ban the use
of performing wild animals in circuses. We are now working on a
draft Bill to achieve a ban. Until the ban comes into force, we are
introducing a tough licensing scheme which would ensure the
welfare of wild animals.
Today the Government laid the new licensing regulations for
Parliamentary approval which would mean that circuses wanting
to use wild animals in their performances will soon need a licence.
To obtain a licence, circus owners will have to fulfil strict welfare
requirements, such as only allowing access to wild animals to
people with appropriate knowledge and skills and keeping the
animals in an appropriate environment. More information about
how and when circus owners should apply for these licences will
be made available shortly. 15
The Ministerial Statement announcing the publication summarised the
regulations and how they would be implemented as follows:
The main provisions of the regulations include:
• A requirement that any travelling circus in England that includes
wild animals first obtains a licence from Defra;
• That a licence can only be obtained on payment of an
administrative fee and circuses will also be liable for the cost of
inspections;
• A requirement of an initial inspection before a licence can be
issued;
• Provision for further inspections;
• That licences can be suspended or revoked; and
• Detailed licensing conditions covering all aspects of welfare in a
travelling circus which must be met and adhered to.
In addition to the core welfare standards which are included in
the Schedule of the Regulations, detailed guidance on welfare
standards will be revised and updated over the summer period,
and take full account of feedback from the consultation.
In line with the 1 March Statement, formal inspections would be
undertaken by Government-appointed vets before a licence may
be issued or renewed. If a licence were issued, compliance checks
would be carried out during the period of a licence, including a
14
15
HC Deb 12 July 2012 c43WS
‘Circus update: plan to ban wild animals progresses’, Defra, 12 July 2012
Draft regulations
were laid before
Parliament in July
2012 to bring in the
new licensing
scheme. Meanwhile
the Government was
working on a draft
Bill to achieve a ban.
11 Wild Animals in Circuses
combination of announced and unannounced visits both to winter
quarters and to tour sites.
The regulations will be subject to a full review by the Secretary of State
within 5 years of them coming into force. Furthermore, as the
Government intend the licensing scheme to be an interim measure, the
regulations contain their own ‘sunset’ provisions, which mean they will
automatically expire in January 2020.
2.5 Licensing Scheme Implementation
In November 2012 Defra published detailed guidance on how to meet
the requirements of the regulations. The Welfare of Wild Animals in
Travelling Circuses (England) Regulations (SI 2012/2932) came into force
in January 2013.
The Government confirmed the implementation costs of the licensing
scheme as at 15 April 2013:
The new licensing
requirements for the
use of wild animals in
circuses in England
came into effect in
January 2013.
Sheryll Murray: To ask the Secretary of State for Environment,
Food and Rural Affairs how much the licensing scheme for wild
animals in circuses has cost to implement to date. [149401]
Mr Heath: The cost of administering the two licences issued to
date, and carrying out associated inspections, have been
recovered from the applicants through the licence fee. 16
In November 2013 the Government confirmed the total number and
species of animals licensed under the scheme:
Jim Fitzpatrick: To ask the Secretary of State for Environment,
Food and Rural Affairs how many wild animals, of which species,
have been licensed under the Welfare of Wild Animals in
Travelling Circuses Regulations of 2012 to date; and if he will
make a statement. [171646]
George Eustice: A total of 28 wild animals are covered by
licences, including: six reindeer, six snakes, four zebras, four
tigers, three camels, two lions, one ankole, one fox and one
raccoon. 17
The Government has subsequently confirmed that a total of 18 wild
animals were licensed for use by two circuses during the 2015 circus
touring season. 18
16
17
18
HC Deb 15 April 2013 c70W
PQ 171646 [Animal Welfare: Circuses], 4 November 2013 c18W
PQ 27601 [Animal Welfare: Circuses], 26 February 2016
A total of 18 wild
animals were licensed
to be used in two
travelling circuses
during the 2015
touring season.
Number CBP05992, 29 April 2016 12
3. Banning Wild Animals in
Circuses
3.1 Compatibility with EU Legislation
An Austrian Animal Protection Law prohibiting the keeping of wild
animals in circuses came into force on 1 January 2005. The legality of
the ban has been challenged both at the EU level and in the courts in
Austria.
Complaint to the European Commission
A European Commission Press Notice summarises the European Circus
Association’s complaint against the Austrian authorities and the
Commission’s decision on the complaint as follows:
In May 2005, the European Circus Association submitted a
complaint to the Commission against the Austrian authorities'
decision to ban wild animals in circuses. According to the
complainant, the ban is contrary to the free movement of services
in the EU. Furthermore, the Association argued that the ban is
discriminatory because wild animals are allowed, for example, on
film sets in Austria. According to the complainant, other Member
States, such as Germany and the United Kingdom, had
successfully regulated the well-being of wild animals. The Austrian
ban was thus, in its view, disproportionate.
At first, the Commission started infringement proceedings against
Austria. It considered that a total ban is a very restrictive measure
which should only be applied if there are no alternatives.
Following its contacts with the Austrian authorities, the
Commission changed its mind and decided to leave the issue of
protection of wild animals to the national authorities. It stressed
that every Member State has the right to restrict the free
movement of services for overriding reasons of general interest,
such as animal welfare. 19
The European Circus Association subsequently complained to the
European Ombudsman that the Commission did not properly handle its
infringement complaint against Austria. On the basis of his inquiry the
Ombudsman issued a draft recommendation that the Commission
should evaluate the proportionality of the Austrian law, and in the light
of this analysis the Commission should pursue its infringement
proceeding against Austria, or provide valid reasons for dropping the
case. 20 However, the Commission’s opinion of 18 September 2009 21 in
response to the draft recommendation stated that the question of how
to protect wild animals in circuses should not be decided at Community
level, but rather be left to Member States. The Commission therefore
considered that it would not be appropriate to continue an
infringement procedure against Austria for failure to fulfil its obligations
19
20
21
‘Ombudsman: Commission has to properly examine Austrian ban on wild animals in
circuses’, European Commission, 29 June 2009
Draft recommendation of the European Ombudsman in his inquiry into complaint
3307/2006/(PB)JMA against the European Commission, 3 June 2009
Decision of the European Ombudsman closing his inquiry into complaint
3307/2006/(PB)JMA against the European Commission, 8 March 2010, Paras 54-57
13 Wild Animals in Circuses
under the Treaty. Furthermore, it considered that the decision was not
dependent on the conclusion of a proportionality test, which it was
under no obligation to undertake. The Commission therefore did not
accept the Ombudsman’s recommendation. In closing the inquiry the
Ombudsman was critical of the Commission’s handling of the
infringement complaint. 22 Nevertheless, the Commission’s initial
position remains the relevant statement of opinion.
The Commission reiterated its position in response to a Parliamentary
Question on wild animals in circuses in July 2011:
A total ban on the use of wild animals in circuses (as e.g. the one
foreseen in the Austrian law on the protection of animals)
constitutes a restriction to the freedom to provide services as set
out in Article 56 of the TFEU. Such restrictions can only be
justified by overriding reasons of public interest. Animal welfare
and animal protection are among the reasons that could justify
such restrictions if the national measures are suitable and
necessary for attaining the aim pursued.
Legal challenges to
the Austrian ban on
keeping wild animals
in circuses were
unsuccessful.
Given the commitment of the Commission and the importance it
attaches to all questions concerning the well-being of animals, it
was decided that the Commission would not intervene in the
assessment of the means chosen by Austria in order to best
protect wild animals in circuses but leave this to the competent
authorities of this Member State. This decision, which was taken
end of 2006 following a complaint to the Commission in 2005, is
based on the premise that Austrian authorities are best placed to
decide on which means should be chosen to protect wild animals
in circuses on the territory of this Member State. 23
Legal Challenge in Austria
In December 2011 the Austrian Constitutional Court dismissed a further
challenge to the Austrian ban filed by Circus Krone (Germany). 24
Bans in other EU Countries
In addition to Austria, a number of European countries have now
banned the use of wild animals in circuses, including Croatia, Slovenia
and Greece. Other countries have bans on some species of wild animals
in circuses e.g. Belgium, Denmark, Finland, Hungary and Sweden.
Estonia and Poland ban wild-born animals from circuses. 25
3.2 Successful Backbench Motion
A backbench debate was held on 23 June 2011 on a motion tabled by
Mark Pritchard MP:
That this House directs the Government to use its powers under
section 12 of the Animal Welfare Act 2006 to introduce a
22
23
24
25
Decision of the European Ombudsman closing his inquiry into complaint
3307/2006/(PB)JMA against the European Commission, 8 March 2010, Section D
Conclusion
P-005287/2011 [Wild animals in circuses], 4 July 2011
‘Good news from Austria, on 21 December, the Austrian Constitutional Court
published its opinion on a challenge by Germany’s Circus Krone to Austria’s decision
to ban the use of wild animals in circuses’, OneKind, 9 January 2012
Animal Defenders International, Worldwide Circus Bans [Accessed 18 March 2016]
A backbench motion
to ban the use of
wild animals in
circuses was passed
on 23 June 2011.
Number CBP05992, 29 April 2016 14
regulation banning the use of all wild animals in circuses to take
effect by 1 July 2012. 26
The Government amendment to the motion was not selected by the
Speaker and a three-line whip imposed by the Government was
removed during the course of the debate. As a result the motion was
passed unopposed.
In response to the motion the Government promised to continue to
look at how to introduce a ban:
Asked by Lord Kennedy of Southwark: To ask Her Majesty's
Government, following the vote in the House of Commons on 23
June, whether they will bring forward measures to ban wild
animals performing in circuses in England.
The Parliamentary Under-Secretary of State, Department for
Environment, Food and Rural Affairs (Lord Henley): The
Government will listen to the view of the House of Commons and
are sympathetic to the motion for a ban. We will continue to look
carefully at how this could be introduced; there are legal
difficulties that we cannot ignore but which we are continuing to
explore.
In the meantime, we have begun to develop a tough licensing
regime that will stop circuses from using these wild animals if they
do not provide the appropriate welfare standards. 27
3.3 Government Confirms Intention to Ban
the Use of Wild Animals in Circuses
On 1 March 2012 the Coalition Government announced that it
intended to bring forward primary legislation at the earliest opportunity
to ban the use of wild animals in circuses in England. 28 The Defra
Minister, James Paice, explained to Parliament that, given that the
judgement in December 2011 by the Austrian Constitutional Court did
not result in a referral to the Court of Justice of the European Union,
the Government now had the legal confidence to proceed with a ban. 29
Section 12 of the Animal Welfare Act 2006 provides powers to make
regulations to promote animal welfare. However, the Government
considered that there was insufficient evidence of welfare problems
among wild animals in travelling circuses to justify a ban on welfare
grounds, and instead proposed to introduce primary legislation to ban
the use of wild animals on ethical grounds. 30
The Government later set out a more detailed explanation for its view
that primary legislation was needed to achieve a lawful ban:
In October 2007 the report ‘Wild Animals in Travelling Circuses:
The Report of the Chairman of the Circus Working Group’ 31
(commonly referred to as the ‘Radford Report’), commissioned by
the previous Government, concluded that, in terms of using the
26
27
28
29
30
31
HC Deb 23 Jun 2011 c548
HL Deb 11 July 2011 c124WA
Defra, Circuses to be banned from using performing wild animals, 1 March 2012
HC Deb 1 Mar 2012 c 41WS
HC Deb 1 Mar 2012 c 41WS
Wild Animals in Travelling Circuses: The Report of the Chairman of the Circus
Working Group, October 2007
Coalition
Government
announces it will
bring forward
primary legislation to
ban the use of wild
animals in circuses on
ethical grounds.
15 Wild Animals in Circuses
delegated powers in the Animal Welfare Act 2006 to introduce a
ban, after reviewing the available scientific evidence submitted,
‘there appears to be little evidence to demonstrate that the
welfare of animals kept in travelling circuses is any better or worse
than that of animals kept in other captive environments’.
Therefore, in the absence of any compelling scientific evidence,
any attempt to ban the use of an animal using the delegated
powers provided by the Animal Welfare Act would fail the test of
proportionality, and primary legislation is needed to ‘have any
realistic prospect of achieving a lawful ban’. 32
The Government confirmed on 12 July 2012 that the drafting of
legislation to bring in a full ban was underway. 33
3.4 Draft Wild Animals in Circuses Bill
The draft Wild Animals in Circuses Bill was published for pre-legislative
scrutiny on 16 April 2013. 34 The draft Bill made it an offence for any
circus operator to use a wild animal in performance or exhibition in a
travelling circus in England. It also made provision for inspectors and
enforcement. The existing licensing regulations were intended to remain
in place until the Bill became law.
The Bill document outlined why the Government considered it
inappropriate to continue to use wild animals in circuses:
•
It is not necessary to use wild animals in travelling circuses
to experience the circus;
•
wild animals are just that and are not naturally suited to
travelling circuses and may suffer as a result of being
unable to fulfil their instinctive natural behaviour;
•
we should feel duty-bound to recognise that wild animals
have intrinsic value, and respect their inherent wildness and
its implications for their treatment; and
•
the practice adds nothing to the understanding and
conservation of wild animals and the natural environment.
The key elements of the draft Wild Animals in Circuses Bill were set out
by the Government as follows:
The draft Wild Animals in Circuses Bill prohibits the use of wild
animals in travelling circuses in England. Wild animals are defined
by the Bill as any vertebrate animal of a kind which is not normally
domesticated in Great Britain – a similar definition to that used in
the Zoo Licensing Act 1981 for a wild animal. An offence is
committed by a circus operator where any wild animal is used in
performance or exhibition in the operator’s travelling circus. The
maximum penalty on summary conviction for breach of the
prohibition on use of wild animals proposed under the draft Bill is
a fine not exceeding level 5 on the standard scale (currently
£5,000).
The draft Bill contains a consequential amendment to the
Dangerous Wild Animals Act 1976 that would remove the current
exemption from the licensing provisions in that Act for a
dangerous wild animal kept in a circus in England. If the
32
33
34
Defra, Wild Animals in Circuses, Cm 8538, April 2013, p.6
HC Deb 12 July 2012 c43WS
HC Deb 16 Apr 2013 c27WS
The draft Wild
Animals in Circuses
Bill was published for
pre-legislative
scrutiny on 16 April
2013.
Number CBP05992, 29 April 2016 16
prohibition contained in the draft Bill comes into force, there
should be no dangerous vertebrate animals, as listed in the 1976
Act, remaining in circuses that would require the exemption.
According to the present draft, the Bill would come into force on
1 December 2015. This will allow a ‘grace period’ of up to three
more touring seasons to travelling circuses, to enable them to
adapt their performances and to make alternative care
arrangements for their wild animals if necessary. 35
The Explanatory Memorandum to the draft Bill set out the
Government’s view that the Bill’s provisions were compatible with the
European Convention on Human Rights. The proposed ban would not,
it considered, require any change of ownership of a wild animal or
otherwise amount to a deprivation of a possession. 36
The draft Bill was welcomed by animal protection groups. 37
Pre-legislative Scrutiny of the Draft Bill
EFRA Committee Report
The Environment, Food and Rural Affairs (EFRA) Select Committee
carried out pre-legislative scrutiny of the draft Bill.
The EFRA Committee report was published on 9 July 2013. 38 The report
looked at the various views and principle of a ban on wild circus
animals, and discussed clauses in the draft Bill, how it would work in
practice, and the European dimension. One of the main conclusions
stated:
We recommend that the Government revise its approach to the
Bill so that a Schedule be attached that contains a proscribed list
of animals which can no longer be used in travelling circuses.
Initially, for example, there would be a ban on all big cat species
and elephants but not on, say, snakes, camels, zebras or racoons.
The Secretary of State should have the power through secondary
legislation to amend the list in future to reflect prevailing social
and cultural attitudes. Those animals not on the proscribed list
should, nevertheless, still be protected by the new licensing
regime introduced in 2012, which should continue. 39
The report also recommended that enforcement powers be extended to
constables, 40 and urged the Government to pursue discussions with
counterparts in the Devolved Administrations with a view to reaching a
co-ordinated position. 41
Government’s Response to EFRA Committee Report
The EFRA Committee published the Government’s response to their
report on 22 October 2013. The Government welcomed the
Committee’s support for the Government's position that there remained
35
36
37
38
39
40
41
Defra, Wild Animals in Circuses, Cm 8538, April 2013
Ibid, p.20
‘We welcome draft legislation to ban wild animal circuses’, RSPCA, 18 April 2013
EFRA Committee, Fourth Report of Session 2013-14: Wild Animals in Circuses, HC
553, 19 July 2013
Ibid, Para. 17
Ibid, Para. 24
Ibid, Para. 26
EFRA Select
Committee
recommended a
proscribed list of wild
animals and
enforcement powers
for constables.
17 Wild Animals in Circuses
insufficient evidence for a ban on welfare grounds, as well as the
Committee’s support for the Licensing Regulations. 42
However, the Government rejected the Committee’s recommendation
that a Schedule be attached to the Bill listing animals which can no
longer be used in travelling circuses – such as big cats and elephants:
The option of a species-specific ban, as proposed by the
Committee, was considered by Defra during the development of
the draft Wild Animals in Circuses Bill. Defra's initial thoughts
were set out in the Impact Assessment that accompanied the
publication of the draft Bill.
The Government
rejected the EFRA
Committee’s
recommendations on
a proscribed list of
wild animals and
enforcement powers
for constables.
During the Backbench Business debate on 23 June 2011 the
House of Commons made it clear to the Government that it
wished to see a ban on the 'use of all wild animals in circuses'.
From subsequent debates, parliamentary questions and
correspondence from Members, we have no reason to believe
that Parliament has changed its view on this matter. The
arguments that the Government has put forward in support of
the proposed ban do not appear to lead to the conclusion that it
is still acceptable to still use some species of wild animal but not
others. The issue that the Government has been asked to address
is not the number of wild animals used in travelling circuses, nor
their species, but the fact that they are used at all. 43
The Government also rejected the Committee’s recommendation that
enforcement powers be extended to constables, contending that Defra
appointed inspectors would likely be better qualified in identifying and
handling species of wild animal. 44
Timetable for Introducing the Bill
As of April 2016, no date had been set for the Bill to be introduced to
Parliament. However, in a written response in February 2016 the
current Government reiterated its intention to introduce the Bill when
parliamentary time allows:
Kerry McCarthy: To ask the Secretary of State for Environment,
Food and Rural Affairs, when she plans to bring forward proposals
to ban the use of wild animals in circuses. [27601]
Minister of State at the Department for Environment, Food
and Rural Affairs (George Eustice): A ban on the use of wild
animals in travelling circuses is a manifesto commitment and will
be introduced as soon as parliamentary time allows. In the
interim, the welfare of any wild animals still being used by
travelling circuses in England is protected by the Welfare of Wild
Animals in Travelling Circuses (England) Regulations 2012. During
the 2015 circus touring season, 18 wild animals were licensed by
Defra under the Regulations for use by two circuses. 45
42
43
44
45
EFRA Committee, Wild Animals in Circuses: Government Response to the
Committee's Fourth Report of Session 2013–14, HC 746, 22 October 2013, p. 1
Ibid, p. 1
Ibid, p. 3
PQ 27601 [Animal Welfare: Circuses], 26 February 2016
The current
Government is
committed to
introducing a ban on
the use of wild
animals in circuses as
soon as
parliamentary time
allows.
Number CBP05992, 29 April 2016 18
Wild Animals in Circuses (Prohibition) Bill 2015-16
A Private Members’ Bill, Wild Animals in Circuses (Prohibition) Bill 201516, was introduced to Parliament by Will Quince on Wednesday 10
February 2016 under the Ten Minute Rule. The Bill proposed to prohibit
the use of wild animals in circuses. It was expected to have its second
reading debate on Friday 11 March 2016. However, the motion was not
moved.
19 Wild Animals in Circuses
4. Policy in the Devolution
Administrations
When preparing the draft Wild Animals in Circuses Bill the then Defra
Minister, Lord de Mauley, wrote to the Devolved Administrations to ask
them to consider whether they wanted the House of Commons to
legislate on this issue on their behalf. In the document accompanying
the draft Wild Animals in Circuses Bill (April 2013) their positions were
given in this extract:
As is usual, the draft Bill extends to England and Wales only.
However, the offence of using a wild animal in a travelling circus
in the draft Bill applies only in England.
Scotland and Wales
The Scottish Government has indicated that they wish to consult
before considering extending the Bill to Scotland. The Welsh
Government has indicated that it would also like to consider the
implications of the introduction of a ban. Subject to the outcome
of these considerations, we will work with colleagues in Scotland
and Wales during and after the pre-legislative scrutiny period to
help develop a Bill that could apply to Great Britain.
Northern Ireland
The Minister of Agriculture and Rural Development has confirmed
that while there are no travelling circuses based in Northern
Ireland there were some travelling circuses from the Republic of
Ireland that did occasionally tour there. The Minister has not yet
developed a position on the use of wild animals in travelling
circuses and wishes to take time to consider this issue, as well as
engage with stakeholders, and discuss the matter with
counterparts in Dublin. The Minister has asked to be kept
informed about the development of the Bill. 46
Scotland
Between January and April 2014 the Scottish Government conducted a
public consultation concerning the use of wild animals in travelling
circuses. The purpose of the consultation was to identify any ethical
concerns the public may associate with the use of wild animals in
circuses. The consultation received 2043 responses, with the vast
majority (98%) supporting a ban on the use of wild animals for
performance in travelling circuses in Scotland. However, a minority of
respondents, including groups affiliated to the circus industry, were
strongly opposed to a ban. 47 The full consultation analysis was
published in May 2015.
The Scottish Government has subsequently confirmed that, in light of
the public consultation, it will shortly set out its plans for addressing this
matter:
The results of a Scottish Government consultation showed
overwhelming support for a ban on the use of wild animals in
46
47
HM Government, Wild Animals in Circuses, CM 8538, April 2013, p.10
The Scottish Government, Should the use of wild animals in travelling circuses be
banned in Scotland? Consultation Analysis, May 2015
Animal welfare is a
devolved matter. The
Devolved
Administrations are
adopting different
approaches to the
issue of wild animals
in circuses.
Number CBP05992, 29 April 2016 20
travelling circuses on ethical grounds. As that would require
legislation, I am considering the best way forward, and the
Scottish Government will set out plans in due course, certainly
before the dissolution of Parliament. 48
Wales
The use of wild animals in circuses has received considerable public
attention in Wales. 49 A RSPCA petition, which gained more than 7,000
signatures, was submitted to the Petitions Committee for consideration
in October 2015. 50
In December 2015 the Welsh Government announced an independent
review on the evidence of animal welfare, both physical and mental, of
wild animals in travelling and non-travelling circuses. The Government
also confirmed that Welsh Government officials are in discussions with
the Welsh Local Government Association, the Animal and Plant Health
Agency, police and local authorities to map out a Wales-wide approach
to monitoring animal health and welfare standards in travelling
circuses. 51
In response to a written question in February 2016 the Deputy Minister
for Farming and Food, Rebecca Evans, explained the rationale for the
independent review:
Rebecca Evans: We have received numerous requests to consider
banning the use of wild animals in circuses that visit Wales.
Despite discussions at official and Ministerial level, the UK
Government has consistently failed to implement plans to
implement a ban on an England and Wales basis.
The latest UK Government-commissioned independent report,
‘Wild Animals in Travelling Circuses: The Report of the Chairman
of the Circus Working Group’ (commonly referred to as the
‘Radford Report’) was published more than eight years ago and I
felt now was the time to review all the science and available
literature from within the UK, Europe and further afield… 52
In March 2016, Rebecca Evans reported that a draft report of the
independent review had been received by officials, and she had tasked
the Chief Veterinary Officer to consider the final report and to seek
advice from the Wales Animal Health and Welfare Framework Group
and other Expert Groups. 53
Northern Ireland
In response to a written question in March 2016 the Northern Ireland
Executive confirmed that it was investigating the possibility of an all-
48
49
50
51
52
53
PQ S4O-05568, 24 February 2016
‘Lion and tiger show in South Wales is cancelled after protests’, Walesonline, 7
October 2015
P-04-653 Ban the Use of Wild Animals in Circuses in Wales [Accessed 14 March
2016]
‘Written Statement - Circuses - next steps in considering whether wild animals
should be used in travelling circuses’, The Welsh Government, 1 December 2015
WAQ69800 and WAQ69801, answered on 17 February 2016
‘Written Statement - The Use of Wild Animals in Circuses’, The Welsh Government,
16 March 2016
21 Wild Animals in Circuses
island approach to the issue of wild animals in travelling circuses
through adoption of a Code of Practice on an all-island basis:
My officials are engaging with officials from the Department of
Agriculture, Food and the Marine (DAFM) in the south under the
auspices of the North South Animal Welfare and Transport
Working Group to continue to investigate the possibility of an allisland approach to the issue of wild animals in travelling circuses
through adoption of a Code of Practice on an all-island basis. The
purpose of a Code of Practice would be to ensure that operators
are clear about their responsibilities to ensure that the welfare of
animals is protected. My Department continues to monitor the
position in other jurisdictions… 54
54
AQW 55137/11-16, 10 March 2016
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