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.
