Meeting of the Parliament 20 December 2017
Here we are again, ringside, at stage 3 of the bill. In sincerity, I am delighted that, as we reach the end of what has been an eventful year in politics, we are here today to discuss legislation that will protect many wild animals and prohibit their use in Scotland within the realm of a travelling circus. With the bill likely to receive royal assent, we are catching up with the 18 other European countries that presently have restrictions on the use of wild animals in circuses; and it appears that United Kingdom Government legislation on the matter will be forthcoming.
I think that we have all agreed, on both animal welfare and ethical grounds, that it is correct that we now ban the use of wild animals in travelling circuses. Although there is no evidence that such circuses have recently operated in Scotland, I think that everyone acknowledges that it remains imperative that we pass legislation to ban their using wild animals.
This is a bill in which the Environment, Climate Change and Land Reform Committee has played an important role, and although it cannot be said that it is a landmark bill, it is one that highlights the necessity of our committee system and the rigour and scrutiny that it provides.
When this bill was first discussed at stage 1, we collectively raised a variety of concerns about legal definitions, which were primarily concerns of the many and varied industries that potentially could have been affected by such legislation. At the time, we raised the fact that the bill risked criminalising some shows and events that have high standards of animal welfare, such as llama displays at the Royal Highland Show or organisations in my region of the Highlands and Islands, such as the Cairngorm reindeer centre.
We raised the fact that there was a problem around the definitions of the terms “circus” and “travelling circus” and a lack of clarity about what constituted a “wild animal”.
All in all, those areas presented many legal issues with the bill as it stood. However, it is a testimony to the Environment, Climate Change and Land Reform Committee that it was able to listen to the evidence and work with the Scottish Government to implement needed changes. I would like to thank my colleagues John Scott, Mark Ruskell, David Stewart and the convener, Graeme Dey, who I hope will not mind being described as veterans of the system and who helped guide us novices through the intricacies of stage 2 and the amendments that were lodged either to improve the definitions or to provide assurances of one kind or another.
Although several amendments were not moved in their original form, it is clear that they prompted a response from the Scottish Government. I thank the cabinet secretary for the clarity that she has provided both today and on past occasions.
I should also comment on the input of the Delegated Powers and Law Reform Committee, which raised several points last week around similar issues. I again thank the cabinet secretary for clarifying, today and on the record, those issues in relation to definitions and accompanying guidance. Those matters are not just of arcane legal interest to lawyers such as herself and me; they are very important and I am glad that they have been taken on board.
It is abundantly clear, Presiding Officer, that the Environment, Climate Change and Land Reform Committee has played an important role in ensuring that the bill is fit for purpose and in addressing many of the concerns that operators had with the initial wording of the bill. As a result, the Scottish Conservatives are satisfied that the bill will deliver what it sets out to achieve and we will vote for it at decision time. It will ensure that shows and exhibitions that adhere to the high standards that are presently set out will be able to continue operating, while it ensures that the exploitation of wild animals in the arena of travelling circuses is now at an end.
As a result of the passage of this historic bill on to the statute book, we will in Scotland, finally and at last, truly be able to say:
“Nellie the elephant has packed her trunk and said goodbye to the circus.”