Meeting of the Parliament 05 October 2017
Yesterday was world animal welfare day. As we have heard this afternoon, we should all work together to sharpen the bill and to develop further protections for the future.
OneKind reminds us that bans have already been introduced in at least 34 countries around the world, including 19 European Union member states. It says that 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, and it urges members to support the bill at stage 1.
Although the ECCLR Committee and Scottish Labour support the bill’s principles, as members have said, its present form has necessitated a significant amount of committee work and consideration, leading to our stage 1 report recommendations to the Scottish Government to make it fit for purpose. It is disappointing that the cabinet secretary’s response to our report was only available this morning, meaning that there has been little time to consider it.
I intend to focus on three issues: static circuses, definitions—about which I will make a brief comment—and enforcement.
When they gave evidence, the cabinet secretary and a Scottish Government official noted that the travelling aspect of the use of wild animals in travelling circuses was not a primary concern. It therefore seems illogical not to re-examine the use of wild animals in static circuses, too. I acknowledge that a stage 2 amendment would be inappropriate as that issue has not been consulted on in relation to the bill, but I ask the Scottish Government to seriously consider the issue as soon as possible.
In relation to the definition of “wild animal”, it is positive that in her response to our report, the cabinet secretary stated:
“I would be willing to explore a possible amendment giving a regulation-making power to exclude or include specific animals as ‘wild animals’ that might be used in cases of real doubt in future. Regulations could be used when necessary following the coming into force of the Bill to remove doubt in particular cases where there is uncertainty as to which category a particular kind of animal falls into. That could be either to include or exclude an animal as ‘wild’.”
Like a number of members, I still think that a list in regulations, at least, that could be added to and amended is the best way forward. I am also of the opinion that the removal of references to domesticated animals in the bill would bring clarity as we go forward.
As Angus MacDonald mentioned, the committee considers that the enforcement powers in the bill could go further and supports evidence that was received from local authorities calling for additional powers to intervene to prevent shows from taking place. David Kerr of Argyll and Bute Council said:
“as things stand, our only recourse currently would be to take the person to court. I do not know whether any of you have been involved in court cases recently”—
I hope that none of us has—
“but”
taking
“a case to court is not a quick process”.—[Official Report, Environment, Climate Change and Land Reform Committee, 6 June 2017; c 22.]
The committee recommendation is that the Scottish Government adopts that suggestion from local authorities and gives them powers to serve notices, to issue fixed-penalty notices and to obtain records.
I understand the argument in the cabinet secretary’s response that
“the only question is whether or not the circus operator has caused or permitted a wild animal to be used in the travelling circus. All other activities ... are outwith the ambit of the Bill”.
However, I ask her to look very carefully at whether a stop notice would be as disproportionate as she said that it would be, or whether it would be possible to find a way forward on that issue to provide clarity.
I thank the clerks, and I reflect again on how well the committee appears to have worked together on this complex issue; it was perhaps more complex than it would have been if there had been more clarity in the bill at an early stage.
We support the principles of the bill and we will continue to support them and many other welfare and ethical issues involving animals in the future.