Circus animals
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The Government has confirmed its intention to pursue a ban on the use performing wild animals in travelling circuses in England on ethical grounds. However, this will take time. So Defra has also published a consultation in which we propose establishing a licensing scheme to protect the welfare of such animals in the meantime.
As we develop the details and legislative framework for the ban, the welfare of those wild animals currently in circuses is paramount, and for this reason we are consulting on a tough new licensing regime which we can put in place promptly.
For the licensing scheme, we intend to use powers that are already available in the Animal Welfare Act 2006. This will allow us to make sure the welfare-based licensing scheme is considered by Parliament before it rises for the summer.
A public consultation exercise was launched on 1 March 2012 seeking views on Defra’s proposals to introduce a licensing scheme for travelling circuses in England that still use wild animals. Anyone responsible for a travelling circus that uses wild animals in a circus performance will need to hold a valid licence, meet strict welfare standards, prepare and follow plans for caring for every animal and have a retirement plan for each animal.
- Written Ministerial Statement (1 March 2012) setting out the Government’s position (PDF)
- Consultation on the proposed licensing scheme and how to respond
Responses to the consultation must be received by 25 April 2012.
Current Legislation
The Animal Welfare Act 2006 prevents unnecessary cruelty or suffering to any vertebrate animal.
In addition, it introduced a new ‘duty of care’ for any animal under the control of man, which makes owners and keepers responsible for ensuring that the welfare needs of their animals are met. This duty applies to animals kept in circuses just as to pets, farmed animals and other domestic and companion animals. The five welfare needs include the need:
- For a suitable environment (place to live);
- For a suitable diet;
- To exhibit normal behaviour patterns;
- To be housed with, or apart from, other animals (if applicable);
- To be protected from pain, injury, suffering and disease.
The Animal Welfare Act 2006 is a ‘common informers’ Act. This means that any individual or group can take a prosecution under the Act. The RSPCA take the lead on enforcing the Animal Welfare Act in relation to domestic and companion animals. However, they do not have any formal enforcement powers, such as power of entry or inspection. In addition, local authorities have formal powers of entry and inspection, which they frequently use to inspect circuses.