Part of the debate – in the Senedd at 2:50 pm on 9 July 2019.
Society has moved on and the demand is no longer there. Animals are sentient beings and the majority of us no longer think it is acceptable to use wild animals in this way. There are now just two circuses touring the UK with wild animals. The wild animals they keep include camels, zebras and reindeer. Both circuses are based in England but regularly visit Wales. Each time they visit here, there are renewed calls to ban the practice.
Last year, I consulted on a draft Bill aimed at addressing ethical concerns by banning the use of wild animals in travelling circuses. The consultation attracted over 6,500 responses with the overwhelming majority of respondents supporting the introduction of this legislation. The purpose of this short, important Bill is twofold. First and foremost, it bans the use of wild animals in travelling circuses in Wales, an outdated practice that has no place in modern society. Secondly, it makes some important amendments to the legislation relating to the licensing of circuses.
The Bill makes it an offence for an operator of a travelling circus to use, or cause or permit another person to use, a wild animal in a travelling circus. A wild animal is 'used' if the animal performs or is exhibited. This definition captures, for example, the deliberate positioning of a wild animal in any way intended to promote a travelling circus. If an operator is found guilty of an offence, the court may impose an unlimited fine. In the Bill, a 'wild animal' means an animal of a kind not commonly domesticated in the British islands. The definition is similar to the interpretation of 'wild animal' in the Zoo Licensing Act 1981. This avoids a situation where the same species could be considered 'wild' in a zoo but 'domesticated' when kept in a circus. 'Animal' has the meaning given by the Animal Welfare Act 2006 and applies to vertebrate animals only. A 'travelling circus' means a circus that travels from one place to another for the purpose of providing entertainment at those places, despite there being periods during which it does not travel from one place to another.
Under normal circumstances, these definitions should be sufficient and are in-keeping with other established legislation and the commonly understood meaning of these terms. However, it is possible there may be uncertainty or conflicting views regarding whether a kind of animal is to be considered wild or not, or whether a type of undertaking, act or entertainment is or is not regarded as a travelling circus. For such scenarios, should they arise, the Bill includes powers to make regulations to specify what is or is not to be regarded as a wild animal and what is or is not to be regarded as a travelling circus. These powers to make subordinate legislation are discretionary and there are no plans to use them at present.
Although the purpose of the Bill is to ban the use of wild animals in travelling circuses, circuses may still keep wild animals provided they are not used in performances or exhibited as part of the travelling circus. The Bill makes changes to the licensing regime for circuses by removing the exemptions circuses currently have from the licensing requirements of the Dangerous Wild Animals Act 1976 and the Zoo Licensing Act 1981. Any circus, be it travelling or static, keeping but not using a dangerous wild animal will require a licence under the 1976 Act, unless it is alternatively caught by provisions of the 1981 Act.
The powers of enforcement are set out in the schedule. The Bill, should it become law, will be enforced by local authority inspectors. I expect breaches of the provisions of the Bill, either by contravening the ban or by intentionally obstructing an inspector in exercising their duty, to be rare. Any breach will be relatively easy to detect, and I expect travelling circuses to comply with the provisions of the legislation.
I have explained the purpose of the Bill, and it is important I am also clear about what the Bill will not do. The Bill will not affect the use of domesticated animals in travelling circuses, nor will it prevent wild animals being used for entertainment in other settings. However, the welfare of these animals is very important to me, which is why I recently announced my intention to consult on a licensing scheme for all animal exhibits. The scheme will provide an opportunity to set appropriate welfare standards and ensure the exhibition of animals in a respectful and responsible way. I expect to launch the public consultation before the end of summer recess.
The majority of travelling circuses do not use any animals. The small and declining number of wild animals kept by those that do is a clear indication that the public appetite for this type of entertainment is not what it once was. Keeping wild animals in travelling circuses, purely for our entertainment, cannot be justified. Not only are the animals unlikely to have a good quality of life, but it contributes little to further our understanding of wild animals or their conservation.
The Scottish Government banned the use of wild animals in travelling circuses in 2018, and the UK Government recently introduced a Bill to do the same in England. That Bill has made it through the House of Commons and is quickly progressing through the House of Lords. If there is no equivalent ban in Wales, Wales would be the only country in Great Britain where wild animals could still be used by travelling circuses. This would not be acceptable. I look forward to working with Members and Assembly committees to secure the Bill’s passage onto the statute book.