Hansard

I am delighted to speak in the debate on behalf of the committee. I thank the members of the committee for their efforts in producing the unanimous report on the bill, all the stakeholders who gave evidence, and the clerks to the committee.

The committee recommends to Parliament the general principles of the Wild Animals in Travelling Circuses (Scotland) Bill and is supportive of its aims. However, the committee believes that it will achieve those aims only if several key concerns are addressed. Let me explore the specifics of those concerns and react, in so far as I can do so, to the response to them that we have recently received from the Government.

The most significant of the concerns is about the definitions in the bill. It defines a “wild animal” as

“an animal other than one of a kind that is commonly domesticated in the British Islands.”

It also provides a definition of “domesticated”, stating:

“an animal is of a kind that is domesticated if the behaviour, life cycle or physiology of animals of that kind has been altered as a result of the breeding or living conditions of multiple generations of animals of that kind being under human control.”

The committee believes that it would be helpful if the definition of “wild animal” in section 2 was made clearer. The Scottish Government suggested in evidence to the committee that a flexible definition is appropriate, which was supported by some stakeholders. However, local authorities and circus operators feel that the classification of animals as domesticated or otherwise is open to interpretation.

Local authorities also suggested that there may be circumstances in which veterinary assistance would be required to classify an animal in order to ascertain whether an offence had been committed. Although the committee accepts that flexibility can be helpful in some circumstances, we do not believe that operators and local authorities should be in any doubt as to what would be considered a wild animal.

The definition of domestication was also the subject of debate in the committee’s consideration of the bill. People who oppose the bill suggested that animals living in circus environments could be domesticated—and therefore not covered by the bill—due to changes in their behaviour being developed through their having been reared in captivity, including when it had taken place over several generations.

Similarly, those who support the bill proposed that the definition be removed in order not to suggest that domestication could be achieved from captive breeding and rearing over time. The fact that such views exist persuaded the committee that further consideration might be worth while, in order to nail down what is and what is not a “wild animal”.

The committee also feels that the rationale behind omitting a list of animals that would be covered should be revisited by the Scottish Government. The committee has suggested that such a list would provide clarity and could, if the processes are right, be updated to react to unforeseen circumstances.

I note the cabinet secretary’s comments in her formal response to the committee, which she has repeated this afternoon. I welcome her willingness at least to explore the development of an amendment to provide a regulation-making power to include or exclude animals that become the subject of genuine doubt as to whether they are wild. Members will want to reflect on her wider response on that, in due course.

I will continue with the theme of definitions. Perhaps the biggest elephant in the room—I suspect that will not be last pun we hear this afternoon—was the omission of a definition of “circus”. Although a definition of what constitutes a “travelling circus” is included, it is undermined by the lack of a clear idea of what is meant by “circus”.

The bill has been introduced to address the public’s ethical concerns about the use of wild animals in travelling circuses. The most recent such enterprise to visit Scotland that caused the public to express their views on the subject to the Scottish Government—a display, while they were wintering here, of lions and tigers from a show that contains only lions and tigers—would not, in the view of the committee, be covered by the bill. Similarly, the committee received several representations from stakeholders from both sides of the debate to the effect that any ambiguity would mean that the bill could apply to enterprises beyond those that it is intended will be caught by the bill, in particular due to the application of the ethical arguments for the bill to other animal acts.

The committee believes that the bill should be clear as to what acts will be covered. The committee heard evidence from Scottish Government officials suggesting that the term “circus” would be interpreted by courts using the “Oxford English Dictionary” definition, which includes references to elements such as “a circular arena” and “acrobatic” performances. The committee was also told that the omission of any one of those elements could mean that an act using wild animals would not be considered to be a circus. The ordinary or commonly understood definition was also advocated in evidence to the committee.

Not only does the committee believe that the bill’s reliance on such a definition opens the door to its purpose being undermined, it also considers that approach to legislating to be unsatisfactory. The law should be clear for participants and for enforcers without the need for immediate recourse to legal challenge. Let me pose a scenario: let us say that a show containing only lions and tigers was set up in a non-circular cage inside a major exhibition arena and no horses or acrobats were involved. Would that, beyond doubt, be captured by the bill?

The committee has recommended that a definition of “circus” be included in the bill. However, I welcome—as I am sure will the committee—the commitment to producing accompanying guidance with examples of what constitutes a circus, and to consider amendments that define “circus” without inadvertently capturing the likes of birds of prey displays or festive reindeer, or allowing circus enterprises to modify their offering in order to circumvent the ban.

The committee recommends that the accompanying guidance be ready as soon as the bill is passed so that there is no point at which legislation is in place without local authorities having supporting clarity. I hope that the cabinet secretary will confirm her intention in that respect, in due course.

Evidence to the committee suggested that the definition of “circus operator” should be extended to reflect the everyday hierarchies and employment scenarios that are at work in circuses. Having received the Government’s response to the report only last night, members will want to take time to reflect on its comments on that.

Although definitions occupied most of the evidence that was received on the substance of the bill, local authorities also explored proposals on potential additional enforcement powers. The committee proposed that such powers should be considered by the Scottish Government. The Government has provided a detailed response on that, on which members—individually and, perhaps, collectively—will come to a view.

Representations were also made to the committee on the potential wider impacts of the bill on the entertainment industry. The committee received evidence suggesting that moves to restrict the use of wild animals in travelling circuses could have an impact on, for example, Scotland’s attractiveness as a filming location. The committee has highlighted that evidence in its stage 1 report. The cabinet secretary has helpfully acknowledged the validity of such concerns, in as much as she will issue additional clarifying guidance reiterating that the bill is intended to capture only travelling circuses.

I have focused mainly on the substance of the bill, but I wonder, Presiding Officer, whether by way of conclusion I can turn briefly to the issue of further legislation on performing animals.