Will there really be a ban?
We have been studying the consultation and impact assessment published on 1st March long and hard and have considered our position on this matter. We have taken the decision, along with a number of other animal welfare organisations, that we will not respond to the public consultation and have serious concerns.
We do not consider that the impact assessment or the consultation take into account the 1st March announcement intending to seek a ban on the use of wild animals. Indeed the impact assessment does not contain any reference to such a ban being the ultimate aim of government policy. Furthermore, we are extremely concerned that the licensing provisions, as set out, would not improve animal welfare and indeed could lead to it being reduced if circuses see this as an opportunity to import more wild animals acts.
It is not clear what timetable the Government is adopting to bring in such a ban. Most worryingly the official in charge of developing the licensing proposal wrote to the RSPCA and others on 30th March stating that he was "not aware that [Defra] have ever suggested that the licensing scheme would be a 'temporary' measure..." This would appear to suggest a very different approach to what was in the WMS and what we were led to believe was official Government policy.
We are extremely concerned about this development and will be meeting with the Minister to seek clarification and reassurances.
Time to be cautiously optimistic?
Today the Government in Westminster has announced its commitment to a ban on the use of wild animals in circuses in the long-term and in the mean time a consultation on a 'tough' licensing scheme.
The RSPCA welcomes this apparent 'phase in' ban however the devil will be in the detail and there needs to be a clear cut-off date and uniequivocal legislation to ensure this ban is implemented properly and as quickly as possible. Any legislation short of a proper ban will simply not be enough to meet the needs of animals such as zebras, lions and tigers. Science has shown they are completely unsuited to the environment of a travelling circus which involves confinement to cramped temporary cages; transportation from site to site in beastwagons; and trained to perform inappropriate behaviours which can have a serious effect on their physical health.
Sadly, animals have continued to be used inappropriately while this decision has been delayed and will continue to do so while the ban is phased in. The RSPCA will continue to monitor circuses that use animals very closely. Our Chief Executive is writing to the Minister, the Lord Taylor of Holbeach, CBE on these points and is keen to discuss details about 'retirement plans' for the animals with Defra and the circuses.
So while this is a positive step forward we will be reading the details of the proposals carefully to determine whether they are enough to ensure the welfare of wild animals in circuses in both the short and long term.
Background to the issue
The coalition government made an announcement on 13 May 2011 that it would introduce a licensing scheme for circuses who wished to use wild animals in response to the public consultation on wild animals in circuses which closed in March 2010. 94.5% of respondents to the consultation indicated they supported a ban on the use of wild animals in circuses[1]. The RSPCA along with nine other charities has written an open letter to the Prime Minister setting out our concerns and asking the government to reconsider its position.
On 23rd June 2011 a backbench motion, sponsored by Mark Pritchard MP, Jim Fitzpatrick MP and Sir Bob Russell MP, was carried in the House of Commons calling on the Government to introduce a ban on the use of wild animals in circuses.
Scientific research has shown that circus life can have a harmful effect on the welfare of many species, and the most commonly used wild animals are the least suited to this existence[3]. Evidence shows that on average, circus animals spend just 1 to 9% of their time training and performing, and the rest confined to cages, wagons or typically small, inadequate enclosures. Circus animals are kept most of the time in close confinement, often in abnormal social groups, exposed to forced movement, human handling and noise.
Legal opinions obtained by the RSPCA (and other welfare groups) show the coalition government can issue a prohibition on the use of wild animals in circuses under s12 of the Animal Welfare Act 2006 (AWA). The government can take the needs of animals as a starting point but can also take account of other considerations, such as public opinion and the government’s view of the social utility of the practice. The recent Judicial Review of the Welsh Assembly Government’s (WAG) regulations to prohibit the use of electronic shock collars confirmed these opinions[4].
Mr Justice Beatson noted that the decision by the WAG was supported by, “…the majority of those responding to the consultation exercise including a number of respected animal welfare organisations…” He also noted that, “…the criminal offences under section 4 and the other provisions [of the AWA] address the position after the event. The rule-making powers enable regulations to be made which seek to promote animal welfare in a general way before any harm is caused to them rather than punishing those who have harmed individual animals.” This is an important point to note and goes to the heart of the AWA and how it is a progressive piece of legislation that is not simply about responding to cruelty to animals, but about taking positive steps to improve their lives and welfare thus preventing any harm taking place in the first instance.
The RSPCA would support a phased in ban of wild animals as this would provide a framework for the industry, improve animal welfare and ensure the UK is not left lagging behind other countries with regards to animal welfare standards. We believe that the failure of the UK to act undermines the progressive aims of the AWA.
For further information about this issue please take a look at the attached briefings.
RSPCA position on consultation (Apr 2012)
RSPCA response to public consultation on wild animals in circuses (Mar 2010)