Meeting of the Parliament 05 October 2017
I declare an interest as an honorary member of the British Veterinary Association.
The Scottish Conservative Party and I welcome the bill’s general principles. I know that the British Veterinary Association, OneKind and others have campaigned for a ban on the use of wild animals in travelling circuses for many years, as they and we believe that the needs of non-domesticated wild animals—in particular, their accommodation needs and their need to express normal behaviour—cannot be met in a travelling circus.
For the time being, Scotland’s legislative benchmark is the Animal Health and Welfare (Scotland) Act 2006 and the five welfare needs of animals that it details. In this stage 1 debate, we seek to build on that position. That said, we note the 2007 review by the Department for Environment, Food and Rural Affairs, which found that there was a lack of evidence to support a science-based ban on the use of wild animals in travelling circuses. On the other hand, we note the scientific review that was carried out for the Welsh Government post-2007, which concluded that
“captive wild animals in circuses and other travelling animal shows do not achieve their optimal welfare requirements”.
Although it is surprising that we in Scotland are relying on work that has been carried out elsewhere in the United Kingdom to support the bill, that is probably because no wild animals in travelling circuses are visiting Scotland at the moment and none is likely to do so in the foreseeable future.
The ethical case for the bill has, at best, been poorly made by the Scottish Government, notwithstanding Emma Harper’s valiant attempts to make it. It is much easier to make the case for such a ban on animal welfare grounds, and the Government’s response to paragraph 130 of the stage 1 report tacitly acknowledges that it would be much more sensible to take forward the bill on welfare grounds.
We must seek to improve the bill to make it fit for purpose, which it currently is not. As others have said, the term “travelling circus” must be properly defined, and I welcome the Government’s intention to provide a guidance note for the bill that will
“include guidance and examples around the definition of circus.”
I also welcome the Government’s willingness to consider appropriate amendments of the definition, although I might leave that possibility to finer legal minds than mine, given the parameters that the Government has set for its acceptance of such amendments.
In addition, a list of wild animals should be provided in the bill. It need not be exhaustive, but it should be indicative and it should be able to be added to or subtracted from by statutory instrument, as appropriate, over time. I note and welcome the Government’s response to that suggestion, but I nonetheless urge it to lodge an appropriate stage 2 amendment to create a list of wild animals.
When there is an opportunity for principles, policy and definition to be expressed clearly in any bill—not just this one—the opportunity should be taken and as little as possible should be left to subordinate legislation. My recollection is that the cabinet secretary adheres to that view.
Local authorities need clear guidance on the enforcement duties that will be expected of them under the bill, so I welcome the Government’s response to paragraphs 315 and 320 of the report. In particular—unlike my colleague Angus MacDonald—I welcome the level of discretion that it is intended will be given to local authorities and I welcome the intention not to overburden local authorities with potential extra expenses.
We support the general principles of the bill, but there is still much work to do to make it fit for purpose. The Scottish Conservative and Unionist Party will, of course, work constructively with the Scottish Government and others towards that goal.
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