James Paice MP
DEFRA, Nobel House
17 Smith Square
London
SW1P 3JR

2 August 2011

Dear James,

I am writing to you as a follow up to the recent backbench debate discussing the use of wild animals in circuses. I was very pleased with the results of the debate, which saw a unanimous vote in favour of a ban wild animals in the circus, and would like to thank you for your participation.
I do, however, wish to register my concerns about Defra's response to the vote. In particular, the continued pursuit of a licensing regime over an outright ban and the dismissal of a ban under Section 12 of the Animal Welfare Act, seem contradictory to the will of the House of Commons. Several points relating to Defra's decision have been brought to my attention by animal welfare groups such as Animal Defenders International and the RSPCA.
As you are aware, previous advice given to DEFRA's legal team, prior to the launch of the 2009 public consultation, stated that ‘it is possible to introduce a ban under the auspices of the Animal Welfare Act.' This, along with legal counsel obtained by the RSPCA and the ADI, among others, would suggest that legal barriers to the implementation of a ban under Section 12 are entirely perceived. Should this not be the case, I would like to point out that legal challenge is often part of the legislative process, as with the introduction of a ban on shock collars. This process has not in the past prevented a ban from being pursued, nor should it do so now.
In addition, I am also concerned about the efficacy of the proposed licensing system with regards to animal welfare. If such a system were to be put in place, animals would continue to endure unacceptable conditions such as long journeys and constant travel, and would be subjected to periods of time spent in lightweight and collapsible facilities. The implementation of a licensing system in the place of a ban could encourage some circuses to import a wider range of species, and introduce more wild animals to their shows.
Furthermore, many difficulties involved in gathering evidence within a circus environment would present themselves. Due to the mobility of circuses it would be impossible for an inspector to visit at any given time and carry out their duties. As very little direct scientific evidence is gathered at circuses, creating a satisfying standard for the license would be difficult too. The resulting system would thus likely be ineffective in achieving its aims.
As such, I would like to reiterate my opinion that a licensing regime such as this cannot be seen as a replacement to a ban. I urge the Government to implement a ban at the earliest possible opportunity, as MPs have clearly indicated is their wish, and look forward to your response to the points raised in this letter.

Yours sincerely,

Caroline Lucas, MP, Brighton Pavilion

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