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   Defra slammed over circus animals ban
The department for the environment, food and rural affairs has been branded "the worst performing in the government" after a mix-up over circus animals. Last week secretary of state Caroline Spelman told the Commons that the UK cannot consider a total ban on wild animals in circuses because of a legal case in Austria. Today Defra minister Jim Paice came back to the House to explain that the case referred to is not active. "We now understand instigation of proceedings has been delayed but are about to commence shortly," Paice told the House. He said he was "very happy to clarify the confusion". Paice told MPs that in any case the government policy of introducing a "tough regulatory regime" is unaffected. He said a total ban on wild animals might be judged as disproportionate under the EU services directive and the UK human rights act. Shadow environment secretary Mary Creagh said the "Defra big top is spinning out of control" and accused ministers of "hiding behind some circus owners" and relying on "legal cases that do not exist". She branded the deparment "pathetic" and told ministers "they should not really believe everything they read on the internet". She said there was a challenge against Austria but the case was closed in 2005 and the government has no reason not to ban wild animals in UK circuses. Creagh also said the communities department is planning to remove local councils' ability to prosecute people for animal cruelty, yet local authorities are about to be given the power to licence circuses. She said the the whole House wants a ban and it is "time for a Defra u-turn". Paice said Creagh's "record of events are distorted" and there is a case about to be brought by the European Circus Association. "My officials have spoken to the lawyer acting for them," he told the House. "The advice from our lawyers is that the ban could well be inconsistent with the EU services directive," he said. Many MPs complained that the government is not listening to public opinion and should move to a full ban immediately. Roger Gale (Con, Thanet North) said there had been no action taken by the Labour government, but "there is no case for performing wild animals in circuses". He backed calls for a ban. Gerald Kaufman (Lab, Manchester Gorton) said there had been discussion of human rights, "but what about animal rights?" Jo Swinson (Lib Dem, East Dunbartonshire) told MPs that wild animals should not be used for entertainment and called for an outright ban. Paice said a strict licensing regime could in effect end the use of wild animals because of the high standard of the regime. He told MPs that a new regime can be imposed very quickly whereas a ban needs legislation, and could face legal challenge as the courts would interpret any new law. "If our lawyers say it might be unlawful we must take heed of that advice," Paice said. Helen Jones (Lab, Warrington South) demanded to know what section of the human rights act enshrines the right to be cruel to animals. Paice said no part of the act grants that right, but other sections could be used to object to a ban on the use of wild animals in circuses. Source: epolitix.com Copyright Dods Parliamentary Ltd
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