Conclusions and recommendations
1. 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.
(Paragraph 17)
2. We do not agree that clause 1(2) should be amended as suggested by the RSPCA and others to match provision in the 2012 regulations. (Paragraph
21)
3. The RSPCA suggests that the courts should have a power to disqualify offenders from keeping wild animals. We disagree: the offence created by the Bill relates to use of a wild animal in a circus, for which a fine is an appropriate penalty. The offence does not relate to the welfare of the animal, and disqualification proceedings are possible under other legislation in the case of ill-treatment.
(Paragraph 22)
4. The Government should explain why the definition of 'wild animal' in clause 1(5) differs slightly from that in the Zoo Licensing Act 1981.
(Paragraph 23)
5. The Government should amend the Schedule to include constables as well as inspectors or explain why powers of inspection, entry and seizure should be provided only to inspectors.
(Paragraph 24)
6. It would clearly be desirable for any ban to apply to the whole United Kingdom and we urge Defra to pursue discussions with counterparts in the Devolved Administrations with a view to reaching a co-ordinated position before 1 December 2015.
(Paragraph 26)
7. The proposed commencement date of 1 December 2015 is comparatively distant, but we are satisfied that the needs for legislative time, for negotiation with the Administrations in Scotland, Wales and Northern Ireland, and for suitable alternative arrangements to be made for the animals concerned provide sufficient reason for that choice of date.
(Paragraph 28)
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