Wild Animals in Travelling Circuses (Scotland) Bill
Stage 1 Debate Briefing, Thursday 5 October 2017
Summary
OneKind welcomes the Wild Animals in Travelling Circuses (Scotland) Bill. There is compelling evidence that the welfare needs of wild animals simply cannot be met in the travelling circus environment, and it is unethical to expose animals to stress, unnatural conditions, and even cruelty, purely for entertainment. Bans have already been introduced in at least 34 countries around the world, including 19 EU Member States. Banning the use of wild animals in travelling circuses in Scotland is a forward-looking and progressive act that will lead the way for the rest of the United Kingdom. We urge Members to support the Bill at Stage 1.
The animal welfare case for banning wild animals in circuses
Animal welfare is seriously compromised for wild animals travelling with circuses. The circus life involves a year-round regime of travel, confinement, being made to perform, and being deprived of natural interaction with other animals. Incidents of abuse have also been documented.
Circus animals are transported throughout their life cycle, regardless of age, condition or reproductive status. They live in temporary facilities for most of the year, either on a lorry or in stables, and may remain tethered for long periods of time while workers are busy, or on breaks. Some circuses make an effort to provide exercise space, but this is unlikely to be sufficient for the animals’ long-term needs.
Scientific research concluded in 2009 that “there is no evidence to suggest that the natural needs of non-domesticated animals can be met through the living conditions and husbandry offered by circuses. Neither natural environment nor much natural behaviour can be recreated in circuses.”[1]
More recently, an extensive literature review and questionnaire of over 600 experts carried out for the Welsh Government[2] in 2016 concluded that: “The available scientific evidence indicates that captive wild animals in circuses and other travelling animal shows do not achieve their optimal animal welfare requirements as set out under the Animal Welfare Act 2006, and the evidence would therefore support a ban on using wild animals in circuses and mobile zoos on animal welfare grounds”.
The ethical case for banning wild animals in circuses
There is also a strong ethical case for banning these entertainments. We agree with the Scottish Government’s stated ethical concerns about using wild animals in circuses[3], as follows:
· The use (performance, display or exhibition) of wild animals whose nature (telos) is still genetically and behaviourally hardwired to be expressed in their natural, wild environment;
· The performance of tricks generally not normally seen naturally, in an artificial environment for the entertainment of the viewing public;
· The keeping of animals in temporary and/or mobile animal accommodation that cannot generally provide the sizeable and complex living conditions that many wild animals require to carry out behaviours or functions according to their natures (telos);
· A significant proportion of time travelling from one site to another, further significantly curtailing the ability of wild animals to undertake their natural and instinctive activities;
· Little or no education or conservation value, and no significant benefit other than maintaining a tradition considered by the majority to be outdated and morally wrong.
In the 21st century we have a great deal more understanding of the intelligence and sentience of wild animals, and the overwhelming behavioural impulses that drive animals to live as they do in the wild, than was the case in the heyday of the travelling circus. Instinctive behaviours such as hunting, nesting or natural breeding simply cannot be performed in the circus environment, and it is unethical to deprive wild animals of these opportunities for their entire lives, for a purpose that is of no particular benefit to society.
We understand that circus operators believe that they do their best for their animals but in ethical terms, entertainment is not a sufficient reason to impose a barren, unnatural lifestyle on sentient animals. While human performers may choose to live the circus life, the animals have no choice in the matter.
The use of wild animals in circuses in Scotland
The use of wild animals in circuses, or in activities related to circuses, is rare in Scotland. However, it is by no means unknown, and without a comprehensive ban on these activities, there is nothing to prevent wild animal circuses visiting Scotland again.
Up to 2011 the Bobby Roberts’ Super Circus visited Scotland every summer, bringing an aged elephant, Anne, and a camel, Monty. OneKind highlighted this use of wild animals over many years, and carried out comprehensive monitoring of the circus during its tour of Scotland in the summer of 2009. The resulting report highlighted audience concerns over the use of the elephant – many visitors said they had not known of this before attending – as well as the apparent circumvention of licence conditions and council leasing policies.
OneKind has made many requests to councils to refuse a public entertainment licence (as required by the Civic Government (Scotland) Act 1982) to this circus, on the grounds of animal welfare and public interest. Such requests were often refused because councils were concerned about acting ultra vires, following a judicial review regarding council policies in 1990[4]. Sometimes, a licensing panel would agree to place a condition on the licence to the effect that a wild animal must not be used.
Over the years, many local authorities have adopted policies of refusing to let their land to circuses using wild animals, including Dundee, East Ayrshire, East Lothian, East Renfrewshire, Edinburgh, Fife, Highland (three areas), North Ayrshire, Renfrewshire and West Lothian. Some refuse to let land to circuses that use any kind of animal. Other councils use arm’s length companies for letting land, or are too remote to receive visits from travelling circuses.
Despite these developments, the elephant, Anne, was regularly used by the Bobby Roberts’ Super Circus. She would be paraded for members of the audience to photograph, at a charge of £5, and would perform a trick of eating candyfloss. By the time officials were made aware that the elephant was being used and attempted to enforce council policy, the circus was ready to move to another area, and the policy was circumvented. In 2011, covert filming by Animal Defenders International (ADI) exposed the fact that Anne was being mistreated in the circus, and she was subsequently re-homed.
In late 2014, a big cat circus trainer moved to Scotland with two lions and three tigers. He kept the animals on a farm near Fraserburgh from October 2014 to June 2015, after which he moved the cats back to England to begin performances again. The presence of these cats in Scotland led to significant public outcry and serious concerns raised by animal welfare NGOs, parliamentarians and experts.
Public support for banning wild animals in circuses
The Scottish Government consultation on the use of wild animals in circuses, in 2014, received 2,034 responses of which 98% agreed that the use of wild animals for performances in travelling circuses should be banned in Scotland. The most recent Scottish poll, carried out for the More for Scotland’s Animals coalition in March 2016, found that 75% of those polled supported an end to the use of wild animals in circuses, rising to 78% in the 18-24 age group[5].
The number of countries around the world that have banned the use of wild animals in circuses grows every year. In 2016, Dorning et al[6] identified 33 countries with nationwide bans on the use or import/export of some or all wild animals in circuses, including 18 EU Member States. Since then, a ban has been passed in Estonia, and similar legislation is making good progress in Italy.
A strong circus Bill for Scotland
OneKind believes that the Bill could benefit from strengthening at Stage 2 if it is to deliver its aim. We welcome the ECCLR Committee’s support for the General Principles of the Bill and note the comments and recommendations it has made. We look forward to the Committee’s detailed consideration of amendments at Stage 2. Issues raised include:
· Ensuring there are no gaps in legislation covering performance, display or exhibition of animals
· Confirming the Scottish Government’s intentions regarding static circuses
· Clarifying a number of definitions within the Bill, such as “circus” and “domesticated” and responsible persons
· Considering inclusion of a list of prohibited wild animals
· Strengthening local authority enforcement obligations and powers, including improvement notices and fixed penalty fines
· Ensuring that guidance to the legislation is produced by the implementation date
OneKind has broadly supported the approach taken by the Bill so far and believes that these recommendations would strengthen the Bill, and address the wider concerns over the use of animals for other forms of entertainment including bird of prey shows, reindeer displays and animal handling parties, which OneKind raised prior to the Bill’s publication. After discussion with officials and other animal welfare organisations we have accepted that the regulation process can be undertaken in two stages, but we echo the concern of the ECCLR that it must be timely and comprehensive, and ensure that no relevant operations, such as static circuses, fall out of scope.
For further information:
· OneKind submission to Scottish Government consultation
· OneKind submission to ECCLR call for evidence
Libby Anderson, Policy Advisor, OneKind 07967 839137
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[1] Iossa, G., Soulsbury, C. and Harris, S. (2009). Are Wild Animals Suited to a Travelling Circus Life?, Animal Welfare, 18, pp.129-140.
[2] Dorning J, Harris S and Pickett H, The welfare of animals in travelling circuses Welsh Government, April 2016
[3] Scottish Government. (2017). Wild Animals in Travelling Circuses (Scotland) Bill: Policy Memorandum.
[4] Gerry Cottle's Circus Ltd. v City of Edinburgh District Council 1990 S.L.T. 235
[5] Poll of 1,009 Scottish adults carried out by YouGov on behalf of the More For Scotland’s Animals coalition, March 2016
[6] Dorning, J.,Harris, S.,and Pickett, H. The welfare of wild animals in travelling circuses, Welsh Government, April 2016