Justice has not been done and there will be more suffering to come

On Friday, a “guilty” verdict was delivered in the trial of circus owner, Bobby Roberts, over the cruel treatment of Anne the elephant, exposed last year by ADI.  Whilst the verdict itself was welcomed, the sentence of a conditional discharge, no fine and no ban on keeping animals sends a clear message that the infliction of serious violence on an animal in a circus will simply lead to a slap on the wrist. Hardly a deterrent for those minded to engage in these awful practices.

Of course, deliberate acts of cruelty and the day-to-day provision of welfare are two different things. Anne did not have to be beaten with a pitch fork in order to suffer in the circus.

It was suffering enough that she was taken from the wild as a youngster.

It was suffering enough that she was held captive (sometimes quite literally in shackles) for her lifetime in this unnatural environment.

It was suffering enough that she had no company of her own kind for so very long.

It was suffering enough that she was hauled up and down the country for months on end each year.

It was suffering enough that she was forced to perform degrading tricks for paying customers.

The sadistic pitch fork beatings served to add insult to injury in what was already an impoverished and miserable existence. Anne’s welfare needs could never be met in a circus. Nor can those of the other animals that are still there.

On the 20^th January 2013, the Government’s new licensing regime for wild animals in circuses will come into force and will serve to legitimise the continued use of wild animals in circuses in England. The strongly opposed regulations are to be introduced under the Animal Welfare Act 2006. That’s the same legislation under which Roberts was tried and convicted, then walked away without receiving any meaningful punishment.

During the recent debate in the House of Lords, which saw vehement opposition to the licensing proposals, the Minister responsible for the regulations said:
“… we are confident that these regulations, combined with the provisions of the Animal Welfare Act 2006, will provide significant protection for wild animals in travelling circuses.”

If she could speak, I imagine that Anne may well beg to differ with this view.

We have maintained from the beginning that licensing the use of wild animals in circuses will not work and Friday’s verdict only goes to reinforce that view. Significant protection for animals currently being held in circuses will never be delivered by licensing, but by protecting them from use in the circus altogether.

For all of those animals still being exploited in circus rings here and in other countries, justice has not been done. Only a ban will do.

Double standards, bad mathematics and a law that can’t be enforced – the ongoing debacle of circus licensing plans

The plans to license the use of wild animals in circuses while the long-overdue ban is worked upon by Government have been labelled a waste of time, a waste of money, unethical, unenforceable and, most importantly, incapable of preventing animal suffering in circuses.

Two days ago, the Government released the guidance which will accompany the licensing regulations if they become law. This, we were told in a recent meeting, would give context to the regulations and make it clear what circuses must do to comply with the welfare standards required and retain their licence. Whilst we maintain that animals’ welfare simply cannot be met in circuses, and that their continued exploitation is ethically unacceptable, we were interested to see what provisions the Government had suggested;
particularly given the strong promises made over the last twelve months of a “robust” and “tough” system of licensing which would “ensure high welfare standards”.

The first thing we noticed about the guidance was the clear double standard for elephants. In circuses, requirements for elephants were markedly lower than the standards devised just months before (and by the same Government department) for elephants held in zoos. In zoos, elephants require an outdoor space of between 2,000 and 3,000 square metres as a minimum. In circuses, the elephants are afforded just 500 square metres. Elephants in zoos must not be chained for periods in excess of three out of 24 hours. Elephants in circuses can be chained overnight every day of their lives. Elephants in zoos cannot normally be contained by electric fences alone, yet for elephants in circuses, this is acceptable as a primary means of containment. The contradictions are numerous and the double standard is abundantly clear. It is recognised the world over that elephants are inherently unsuited to life in captivity, full stop. Clearly, neither set of standards is based on the animals’ true needs, but on the limitations of the industry that happens to be using them. The result can only ever be that welfare is seriously compromised.

Another part of the circus guidance makes the demand that animals’ night quarters give them nothing more than space to stand up, turn round and lie down comfortably. Animals must be allowed exercise for a minimum of six hours in a 24 hour period. The other 18 hours can, presumably, be spent confined. Two hours of the animals’ precious exercise time can, according to the guidance, be used for “training and performance”.

Two big cats can be given an outdoor area measuring just 5 metres by 10 and the indoor living space for a tiger or a lion needs to be no bigger than 4 metres wide by 4 metres long. We shouldn’t forget that tigers can have a natural home range between 60 – 100 square kilometres.

The above are just some examples of how these standards, designed to protect animal welfare, clearly do nothing of the sort.

Having made comment on space, it should be mentioned that basic mathematical principles are confused in the guidance leading to incorrect definitions given to space calculations for animal enclosures. According to the guidance, 10 square metres is: “an area 10 metres long and 10 metres wide”. But this is not ten square metres, it is 100 square metres. If Government have applied this incorrect calculation to the entire guidance, then the difference in space provision for the animals is significant. We are awaiting clarification from Defra on this error.

Finally, CAPS and campaign partners presented evidence to Government in the last few weeks that the proposed regulations contain a serious legal error which makes them impossible to enforce. We have argued that this, if nothing else, warrants their withdrawal. Defra lawyers have been unable to explain how to overcome the issue identified but concluded that this would be something for inspectors to deal with when the time for enforcement comes. It seems that the buck has simply been passed. We do not intend to let the matter lie and have warned Government that we believe the regulations may be open to legal challenge on this basis if they proceed.

The evidence is more compelling than ever. Licensing won’t protect animals. Licensing creates double standards. Licensing legitimises a practice which is ethically unacceptable. Licensing is unenforceable. Licensing will not prevent suffering in the big top. Only a ban will do.

Putting an end to the Ring of Cruelty in Ireland

It is always with mixed feelings that we put out a major piece of work here at CAPS. Invariably, there is excitement as we know that the important findings of long-term investigations and research are about to have a big impact, but also sadness that, once again, we find ourselves having to acknowledge the continuance of animal suffering that we want to see assigned firmly to the past.

People will be shocked today to learn that the elephants being subjected to day after day of demeaning performances in the Courtney Brothers’ show were apparently imported into the European Union in contravention of strict animal health regulations to prevent the spread of Foot and Mouth disease. CAPS has submitted a formal complaint to the EC, asking them to investigate and get to the bottom of this serious issue.
Footage obtained during the investigation shows that part of the elephant act includes a young performer jumping repeatedly up and down on the body of an elephant as she lies on the ground. Other footage shows performers yanking, and even swinging from, the elephants’ tails. That this treatment can be considered entertaining is horrifying. As well as elephants, 53 other animals endure life in the circus in Ireland.

Irish supporters will be outraged to learn that public funds, to the tune of almost €1,000,000 euros, have been spent on supporting animal circuses which tour the country with lions, tigers, horses, dogs and other animals. Animal exploitation never was, and never will be, art. We hope you will join us in calling upon the Arts Council Ireland to change its policy on funding for circuses to ensure that its support is restricted to all-human shows.

CAPS is pleased to have long-term working relationships with some of the leading animal protection groups in Ireland, and this week, we are working with this wonderful group of campaigners to ensure that our work has the maximum impact for the animals. AFAR, Aliberation, Circus Watch and NARA have all endorsed this new work and we hope, with this network of support on the ground, we can make a dent in this archaic and exploitative industry.

We mustn’t forget that since the release of our first major report on Irish circuses in 2006, numbers of animals have almost halved and Arts Council funding for animal performances has significantly decreased. We are making a difference and we must not give up.

One of the most rewarding things for the CAPS team following a campaign launch is being able to connect with supporters, old and new, who want to find out more and get active. Investigations always trigger incredible positive action. People get motivated to get involved for the first time and those who have been plugging away with their dedicated campaigning feel a renewed energy as the campaign is given new life. We hope that our new report on the use of animals in Irish circuses, Ring of Cruelty II, is no exception and will inspire action for the animals. Already, just a few hours following the launch of the report, we are receiving messages asking that wonderful, hopeful question: “How can I help?”

Here’s how: If you would like to get involved by attending a demo, distributing campaign materials, writing to the Arts Council as part of our coordinated campaign, becoming a member of CAPS or helping out in any other way, get in touch info@captiveanimals.org. We couldn’t do it without you!

If you haven’t read the report yet, you will find it here: www.irishcircuses.org/ringofcruelty2

One year since Parliamentary debate on animal circuses and still no ban

For those of you that have followed the work of  CAPS for some time, you may know that the 23^rd June 2011 was an important day for the long-term campaign to see an end to the use of wild animals in circuses. It was on that day that a debate in Parliament led to a unanimous motion being passed to call on Government to implement a ban in England. For animal protection advocates, it was important not just for the outcome, but also for the simple fact that the campaign had reached such heights politically and that leading politicians were taking to the floor to speak out so strongly on the issue. There was widespread celebration following the debate as the “light at the end of the tunnel” suddenly seemed within our reach.

But one year on and the Government is still delaying.

March 2012 saw Government officials promise to ban and that promise was reiterated in April when CAPS, along with representatives from other leading organisations, met with the minister responsible for the issue to discuss a way forward (see HERE for more info). In the same meeting we committed to supporting Government in the introduction of a ban, but warned that we would also be holding officials accountable for the promises made and expect changes to be introduced as soon as possible.

True to our promise, in the weeks running up to the anniversary of the debate, we have been working closely with Parliamentarians and seen renewed cross-party commitment to the ban, as well as a number of MPs keen to move the campaign back into the spotlight. In addition, members of the animal protection lobby have stepped up campaigns to ensure that the message is coming through loud and clear: we will not allow this issue to be brushed aside.

We are still working hard with partner organisations – making the most of our pooled skills and resources to move the campaign forward by implementing a detailed campaign strategy. We continue to oppose the plans for a temporary licensing system for circuses with wild animals as only a ban will do. We maintain that a ban could be brought in quickly and easily under the Animal Welfare Act and that the timescale of “prior to the next general election” is not soon enough. We continue to support local grassroots activists who are making positive changes on the ground. Each day, we move a small step closer to the long-overdue ban.

The situation is far from perfect but we remain hopeful that, with continued pressure, we will see wild animals out of circuses once and for all. But we can only achieve this aim with your continued support.

Stick with us and click below to see how you can help.

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“Eleventh hour” meeting with Minister on circuses provides some, but not all, of the vital answers on the ban

You might have seen yesterday that we, along with all of the other leading welfare organisations working on the circus ban campaign confirmed that we will not be engaging with the Government’s consultation on proposals to license the use of wild animals in circuses. There are numerous reasons for this boycott but, ultimately, it boils down to one very simple one:

Licensing will not protect animals from suffering – only a ban will do.

Over the past few months, we have done all we can to get to the bottom of the plans for licensing and understand why the Government is proceeding down this path when a ban is now deemed possible. No matter how hard we tried though, we seemed to be blocked at every turn. In response to our concern that Government papers suggested that the proposed temporary licensing regime appeared to be designed to be very much more permanent than we had been led to believe, a senior Defra official said: “I am not aware we have ever suggested that the licensing scheme would be a ‘temporary’ measure...”.


To say this response set alarm bells ringing would be an understatement: it was clear that the Government’s stated intention to ban and its proposals for licensing were completely at odds with one another. One approach told a hopeful story of animals being free from circus suffering within three years and the other saw them languishing in the big top, with a government seal of approval, for at least the next ten years.  Which were we to believe?

We had been kept waiting for months to secure a meeting with the Minister responsible for the circus issue and were finally given a slot at the “eleventh hour” – just two days before the end of the consultation period. So it was that, yesterday afternoon, Gavin Grant, CEO of the RSPCA, Harvey Locke, former president of the British Veterinary Association, Will Travers, CEO of the Born Free Foundation and I attended the long-awaited meeting with Lord Taylor. We were all hoping for some straight answers on the ban.

I have to admit, given the failure of Government to give us any satisfactory answers to date, I didn’t go into the meeting feeling particularly optimistic. I am, however, pleased to say that we all came out feeling that there is hope and I wanted our supporters to be the first to know what was discussed.

Reason for hope #1: The Minister confirmed that licensing will be temporary and that there will be ban before the end of this Government’s term. With the general election likely to happen in 2015, it is two or three years longer than we (or the animals) would hope for, but is better than a ten-year (or permanent) licensing system.

Reason for hope #2: The Minister confirmed that the ban will apply to all wild animals in circuses. There will be no “grandfather” clause allowing animals already in circuses to remain. From the date of the ban, it will be illegal for wild animals to be used in the travelling circus environment.

Reason for hope #3: Importantly, we had been concerned that asking the circus industry to invest significant resources into meeting licensing regulations only to make the practice illegal two years later would be open to challenge and would create new obstacles to a ban. The Minister’s simple answer was that it would be the circuses’ choice to invest or not, that the industry has been forewarned and so makes any investment in the full knowledge that it is for a limited timeframe. We hope that this important clarification will lead the circuses to consider retiring the animals now, rather than make investment for the sake of just a few more seasons.

There were, however, things we couldn’t agree on:
Reason for concern #1: The Government proposes a ban via primary legislation. Whilst we are not opposed to this approach per se, primary legislation will take a long time to implement and we argued that a ban under the Animal Welfare Act would speed up the process drastically, reducing the suffering for the animals. On this point though, it seems that Government will not be moved.

Reason for concern #2: We stand by our opposition to licensing. It won’t protect the animals and is a complicated and expensive short-term stop gap which takes focus away from work towards the ban. On this point too, it seems the Government is determined and that licensing will go ahead regardless of its lack of support.

On the whole, it was a productive discussion. I believe that everyone in the meeting felt a small step forward had been taken and some of the confusion had been cleared up. I won’t go so far to say that I am ready to celebrate just yet though. It is undeniable that there have been some seriously mixed messages coming out of the Government department as well as a failure to properly engage with key stakeholders. We maintain our view that the consultation is fundamentally flawed and the licensing regime will not work. We still have two or three years before we see animals safe which is two or three years too long. None of these points give us reason to celebrate, but continue to offer serious cause for concern.


On the other hand, and the most important point that I took from the meeting, is that I do now believe that the intention to ban is genuine. What remains to be seen, of course, is that ban being put into practice. We have offered Government our full support in working towards achieving this aim and, until it happens, we will continue to do all that we can to ensure that we hold the Minister to his word.

We will, of course, be keeping our supporters fully up to date with developments as and when they happen.