PARLIAMENTARY DEBATE
Animal Welfare (Kept Animals) Bill (First sitting) - 9 November 2021 (Commons/Public Bill Committees)

I come from a farming family.

I come from a farming family.

I am a veterinary surgeon, a fellow of the Royal College of Veterinary Surgeons and a member of the British Equine Veterinary Association.

I am also from a farming family.

Q Hello. I am the Minister taking the Bill through. It is good to have you here. Could you start by giving us your views of the Bill, in general?

David Bowles: In general, we are very happy with the Bill. We are glad that the Government have brought the Bill forward. Obviously, it covers a number of main areas, such as sheep worrying, for example, which has not been reviewed for nearly 80 years. It covers the live export of animals, which is of course a Government manifesto commitment. We are very pleased to see that in there. It covers the licensing of and strengthens the rules on primate keeping, which has not been discussed under legislation for 11 years. The RSPCA is very happy with most of those issues. We believe that there can be improvements, as with any legislation. We are particularly concerned about the primate legislation. We would like to see a ban on keeping primates, rather than licensing, because we do not think that that will sort out the problem with private primate keeping and it will not sort out the animal welfare issues, which are primarily what the Bill is about.

On livestock worrying, we have a couple of tweaks to try to make enforcement better. On a broader point, we are concerned because Parliament, rightly, is passing legislation and looking to local authorities to enforce that legislation, whether that is complicated licensing legislation for primates or fairly simple legislation on transport rules, but the money has been cut. I think at some stage Parliament should be looking at how to enforce legislation, as well as passing more and more laws.

Paula Boyden: I will limit my comments to the areas around livestock worrying and illegal importation. Dogs Trust is broadly supportive of the proposals in the Bill. If we look first at importation, Dogs Trust has been very involved in the issue of puppy smuggling for a number of years. We are very supportive, in broad terms, of the raising of the minimum age of entry to six months. We would really like to see some science behind that. What I mean is a reintroduction of a rabies titre test and a wait period that is in line with the incubation of the disease. We think that is really quite important.

We very much welcome the reduction of the maximum point of gestation—when pregnant mums can be brought into the country. We would support a total ban on the commercial importation of pregnant mums. We see no reason for it to happen at all.

On the mutilation side of things, the provisions are again very welcome. We have seen an increase in dogs with mutilation, specifically docked tails and cropped ears, being imported. We would like to see a tweak to that, to ban not only the importation but the sale of such dogs; however, we would like a tightly worded exemption, so that as a rehoming organisation we could rehome those dogs. We have a similar situation with section 1 dogs, which we cannot rehome even if they are completely rehomeable dogs. That is really quite important.

Going back to puppy smuggling for a moment, we would really like to see a reduction in the maximum number of animals that can be in a vehicle from five to three. Sadly, we have to think of how the illegal importers work and what loopholes they would jump through. There is some science behind reducing it to three. Some work was done 10 years ago that showed that over 97% of dog owners have one, two or three pets. We have just undertaken a big dog survey with more than 240,000 respondents and we had exactly the same response—that over 97% of dog owners have one, two or three dogs—so there is good reason for that.

Like my colleague, I am broadly supportive of the livestock worrying provision, but we need some tweaks, particularly on dogs, and the definition of a dog at large in an enclosure or field. We feel that that needs tightening up to protect the livestock.

Q Thank you so much for coming to give evidence to us. The aim of the Bill is to bring all those who keep primates up to the level that you would expect in a zoo. I noticed, David, that you focused in on the welfare concerns, which are of course the aim of the Bill. Why would you be concerned who is keeping the primate as long as we know that they are being kept to zoo-level standards?

David Bowles: There are two issues here. The first is the welfare issue that you rightly raise. It goes back to the point about local authorities. If we need to get enforcement correct, we need to make the rules as simple as possible for the enforcement agents. This piece of legislation contains amendments to the Zoo Licensing Act 1981. Unlike in the Zoo Licensing Act, under which a trained zoo inspector goes in with the local authority inspector, on primates we just have the local authority inspector, who could be inspecting a Chinese takeaway restaurant in the morning and doing this in the afternoon. That is a problem, because you are dealing with the same animal. A marmoset or tamarin in a zoo is likely to have better enforcement and better auditing than a tamarin or marmoset with a private keeper, so it is about trying to make the rules really clear.

We also have a problem with the licensing because the RSPCA is worried that we will have a cliff edge. We do not know how many primates there are in England, but let us say that there are something like 3,000 to 5,000. The RSPCA has been getting an increasing number of calls on the inappropriate use of primates in captivity. Mostly that is because they are kept singly, they are kept in birdcages, they are not given the right ultraviolet lighting, so their bones disintegrate, or they are not given the right exercise. In other words, their welfare is not catered for in terms of the five welfare needs in the Animal Welfare Act 2006.

Under the Government’s plans there is a two-year period to bring in the licensing, and then a six-year period for the licence to operate. We worry that that is quite a long period for things to get out of control. We also worry that after two years primate keepers who have decided to give it up will suddenly abandon their primates. The RSPCA has proposed a ban on the private use of primates, but with grandfather rights, so you have a soft landing whereby if people have primates they are allowed to keep them until they die. Do not forget that marmosets and tamarins have a lifespan of about 10 to 15 years, so it will be a much softer landing.

The real concerns that we have on this are the enforcement issue and whether it is will improve the welfare of primates. Do not forget that we are 11 years on from the primate code that the Department for Environment, Food and Rural Affairs did in 2010. I think everyone now agrees and admits that that has not worked, because it is too complicated for local authorities, they do not understand what it is, and most of them do not even apply it. I do not want to have the same situation in 10 years’ time, discussing why a licensing regime for primates has not worked.

Q Thank you very much; that is really helpful evidence. Can we move on to puppy smuggling, or dog smuggling generally? I will also ask Paula this question in a minute; we have heard evidence that a certain number of pet owners keep more than three or four animals and, occasionally, travel with them. The most interesting evidence we have had is from Brittany Ferries, which chose a limit of five animals per vehicle. Would you like to tell us more about your sources of evidence, and about your feeling that a reduction to a limit of three would not impact on genuine pet owners?

David Bowles: Sure. You have to go back to what we are trying to do with the improvements to the pet imports, both commercial and non-commercial. We are trying to cut down the illegal trade in puppies. Clearly, under covid we have seen a massive increase in the illegal and quasi-legal trade in puppies coming in, particularly from Romania, in response to the huge spike in demand that happened during covid, when new dog owners wanted exercise, mental health improvements and companionship. Those are all very understandable reasons, but obviously supply in the UK could not keep up with that demand, and we went abroad.

We know that puppy dealers have continued despite England’s third-party ban because it has so many loop- holes. Puppy dealers have continued—indeed, they have increased—the number of puppies that they are bringing in. If you look at 2020, there were some of the highest-ever levels of declared legal commercial imports. That has continued into 2021 despite puppy prices actually stabilising and maybe even going down since January. Something strange is happening: puppies are still coming in and being sold at service stations and lay-bys, and people are still making money. The RSPCA have found that some puppy dealers are earning £2.5 million to £3 million a year. These are not small amounts of money.

In response to your question, I will refer to Paula’s excellent statistics. We do not believe that reducing the limit from five to three would make any measurable difference to legal and responsible owners going either on holiday or to dog shows, or to legal importers bringing dogs in, but it will clamp down on puppy dealers who basically make money on the misery of puppies.

Q You can still go to a dog show—you would be part of the exemption—but someone travelling with a pair of dogs, with a friend who has their pair of dogs, would be caught by the reduction. Have you done an estimate of how many genuine travellers would be affected?

David Bowles: No. Dogs Trust has better statistics.

Paula, would you like to come in on that?

Paula Boyden: We have not done any work on that specific issue, but I can repeat the statistics that we have. A paper published back in 2010 by Murray et al. looked at dog ownership within the UK. It found that more than 96% of dog owners have one, two or three dogs, so you are dealing with a minority. Dogs Trust has just undertaken a big dog survey, for which we surveyed over 240 dog owners. The outcome of that was that 97% of dog owners have one, two or three dogs. The numbers are incredibly low.

As David has mentioned, my concern with the comments that we are getting is whether what the ferry companies are seeing is a true reflection of dog ownership, or is it people bringing puppies in for sale to make a profit? It is not normal activity to go out and buy yourself five puppies. Those are the sorts of things that we are facing.

The other thing we have to bear in mind is just how quickly those illegal importers will change their tactics. During lockdown, we were not travelling, so we saw this enormous shift over to commercial movement. We have to think of the unintended consequences of whatever happens. Reducing the number of animals to three per vehicle is an appropriate way to go, because at the moment, you could just pitch up at the port, pick up a couple of foot passengers and bring in 15 dogs.

Q Yes, that is one of the reasons that we are taking regulation-making powers in the Bill: so that we can adjust our regulatory mechanism to cope with the changing world of puppy smuggling, which, as we have seen, changes very quickly—there is a lot of money at stake.

To move on to livestock worrying for a moment, how do you think we can best encourage dog owners to act responsibly around livestock?

Paula Boyden: Part of that will be legislation, but that is only one part of it. We know that the majority of livestock worrying is actually by dogs who are not with their owners and have escaped from a garden, so there is an element of irresponsible ownership there. Certainly, some of the proposals within the Bill—about tackling those irresponsible owners, depriving them of their dogs and banning them from keeping dogs—are appropriate.

However, that is only one part of it, and the proposals could certainly be tightened up. As someone who has worked for the Dogs Trust, but also as a vet and a dog owner, I see no reason why a dog should be off a lead in an enclosure or field where there are livestock. My feelings would be that the species that are listed at the moment is limited. Why would we limit that list of species?

There are a couple of other elements we need to work on. We need to work with the farming community. For example, signs on gates are fine, but if that sign is up 12 months of the year, then folk become conditioned to it because they know that, at times, there will not be livestock in the field. We also need good, accurate recording and reporting of livestock worrying from the police force perspective, because we do not know the true extent, and if we put these measures into place, how do we know what is good or not?

Part of it will absolutely be around owner education, and I have concerns with some of the current wording in the Bill, such as a dog not being deemed to be “at large” if it is in sight of the owner and the owner has a reasonable idea that they can get the dog back. In sight of the owner could be two fields away. For me, that is not under control. I am not suggesting that every time a dog goes into the country, it should be on a lead, but in an enclosure where there is livestock, then I think it should be taken as read that a dog should be on a lead.

Q Are there differences of opinion within the Dogs Trust on the lead issue?

Paula Boyden: Not within a specific enclosure. Obviously, we have things like common land, and that is a different element; that is where we do have to rely on dog owners to be vigilant and to ensure, as best they can, that there are no livestock there before they let their dog off the lead. However, if I was in a field of sheep, why would I have my dog off the lead? Even with the best-trained dog in the world, can you 100% say that that dog will not go if a lamb runs away?

It must be proportionate. We do not want to be the fun police; we do not want to stop dogs having off-lead exercise because it is really important for their enrichment, but it must be proportionate. Aside from the financial impact, a dog worrying livestock is traumatic for the farmer. No farmer will want to shoot a dog, but that is the sort of resolution that will happen in those sorts of situations. We want to avoid that, both for the farming community and for our dog owners too.

Q It is a pleasure to be on this Committee. I am really looking forward to it. I think is an interesting and important Bill. Thank you both for giving evidence this morning.

Going to the RSPCA first, this is a slightly odd Bill, in the sense that it is a collection of bits and pieces. While being careful to remain within the scope of the Bill, it is perfectly possible to imagine that there are other things that could have been included. Could you reflect on that first? What would your priorities be if you were drawing up this Bill from scratch?

David Bowles: Yes, it is a bit of a potpourri, you are right, but the RSPCA is not against that, so long as we can get improvements to animal welfare. The Government came in with something like nine or 10 animal welfare commitments, and we are delighted that they are moving on those commitments, whether it is the sentience Bill, this Bill, or the Animals Abroad Bill.

The RSPCA are glad to see the issues that are in there, and the main issue for us is ensuring that it is done properly; you only get one chance at this. I have mentioned primates, and I totally agree with Paula on the livestock worrying side of things. We need to make it as easy as possible for enforcement people. Having statements like “at large” is not an easy thing for an enforcement person to go out with and then work out.

The Scottish Government also passed legislation on this only this year. Unfortunately, their Act is not that helpful for us, because it also does not define “at large”. I think that will be a problem for enforcement agents. We should always look to write legislation that will be easy to enforce. Unfortunately, this Parliament—not this particular Parliament, but Parliament in general—has a track record of passing legislation that maybe has not done what it was supposed to do.

Q That is a very fair point. Turning to primates, I think lots of us are slightly puzzled as to who is keeping primates at the moment. It seems we do not really know how many there are. What is the RSPCA’s view? If I wander around my constituency in Cambridge, am I likely to stumble on someone keeping a primate in their house?

David Bowles: It is very likely. Let us say that 3,000 to 5,000 primates are being kept. Some people keep them because they are exotic and very easy to get—all you need to do is go on the internet, google “buy me a tamarin” and hand over between £1,500 and £2,000, and you can get one. They do not come with any instructions. If you wanted to buy a washing machine, the person selling it would tell you, “You need to put it on this cycle”, but tamarins do not come with instructions. Is it any wonder that people do not know that they need UV lighting and a specific diet, or that they are social primates and therefore need company? Putting one in a birdcage on its own will obviously not meet its welfare needs.

A variety of people buy primates. Although some people get them because they know how to keep them, I fear the vast majority do not know how to do that, and therefore we run into welfare problems. Unfortunately, because the RSPCA is only tipped off by the public, we see only the tip of the iceberg—we know only what the public tell us. As I said, we have unfortunately seen an increase in the number of complaints on primates being kept. In many instances, when we look into those people, the primates are not being kept properly and have welfare problems, and sometimes the person will have to be prosecuted for not keeping them according to their welfare needs.

Q I think it was fairly clear on Second Reading that there is a strong feeling across the House that people would like to see this practice banned; the question is how we do it. One question that troubles me is what happens to those animals if we implement a ban in that transition period. What is the RSPCA’s view on how to do that?

David Bowles: Let us be realistic. There is only a finite number of places where we could put primates that have been confiscated—whether it is Wild Futures or Monkey World, who you are hearing evidence from after me—and they are full. We have to try and manage that problem, which is why, as I said to the Minister earlier, we need a soft landing.

The RSPCA is really worried that if there are licence requirements coming in after two years, there will be a cliff edge: people will keep their primates until the end of the two-year period and then abandon them, whether by turning up to an RSPCA centre or letting them loose—who knows. That really worries us, and that is why we have recommended a ban on the use of primates, rather than a licensing system, but with grandfather rights and a soft landing; as those primates die, they are taken out of the system.

Unfortunately, the primate legislation as written means that if you get licensed, you are still allowed to trade and breed those primates, so you are not going to reduce the primate population. If we want to improve the population of primates kept by private owners, we need to reduce it. Unfortunately, the Bill does not do that. I go back to the issue that the person inspecting and licensing is not an expert; they will not know what they are looking at. If you get licensed by the local authority and your licence lasts for six years, you can then breed your primate and make money from it. Those animals can be sold for a couple of thousand pounds, which is not an insubstantial amount of money. That is the worry for us.

I will try not to hog the witnesses, but may I ask two more questions?

Q Moving on to dogs, I want to return to a point that David touched on around enforcement and, I would say, unintended consequences. There are a number of elements in the Bill where I worry the unintended consequences could mean dogs are possibly kept for long periods of time while legal investigations are going on. We have discussed that in other fora before, around the Dangerous Dogs Act 1991. What would the Dogs Trust recommend that we do to tackle that in general across the Bill?

Paula Boyden: I completely agree. It is a huge worry to think that a dog could potentially be held indefinitely while proceedings go forward. There has to be a means of either expediting those investigations—I appreciate that that is easier said than done; we know that there is huge pressure on the judicial service and police forces—or, if it is appropriate, doing what the Scottish Government have just done, which is introduce a means to be able to move case animals on and rehome them. We see that with livestock worrying; as you rightly mentioned, we see it with section 1 dogs as well. We really need to address it so that we do not have dogs languishing in kennels, because that is not welfare-friendly either.

The whole reason the Scottish Government have introduced this measure is because of delays with animal welfare prosecutions. There was a case I am aware of in Scotland where the dog was kept in kennels for four years, because the defendant would not sign the dog over. We are compromising their welfare. The risk is that, with cases potentially going up to Crown court, they could take even longer. We need to look at that and work out how we can manage it so that we are not keeping dogs incarcerated for great lengths of time.

Q I have one final question for David. There is lots in the Bill about dogs. We have had representations from those who speak for cats. In a lot of cases the nasty stuff we are going to clamp down on is about money, and there is a worry that, if it works on dogs, people will then switch to cats, and there is not sufficient strength in the Bill to stop that happening. What is the RSPCA’s view on that?

David Bowles: The “A” in RSPCA is animals. I do not differentiate between dogs and cats—they are as good as each other, and have as many welfare needs as each other. We have to recognise that there are different markets for dogs and cats. The market for dogs tends to be much more breed-specific; cats tend to be moggies. The way they are brought to market is very different. There is no big trade in cats. There is some evidence that there may be a trade that is starting to rise in breed-specific cats, and that could be mimicking what is happening to dogs, but because the market is very different, I do not think that if we crack down on dogs, people will go on to cats to make money. Frankly, it is a different market and there is a completely different system for how people get their cats. It is also a different system in terms of what breeds they are looking for compared with what dog breeds they are looking for.

That is very helpful. Thank you.

Q Paula, you talked about clarity on the age of animals being brought in. There are many welcome suggestions in the Bill. Many people have said, and I share the concerns, that we need more clarity and detail in the Bill, on issues such as increasing the age to six months, and you talked about reintroducing the rabies titre test. Also, the Bill talks about mutilations, but does not specify the mutilations; there is a similar point about the number of days pregnant. Currently, importation is illegal in the last 10% of gestation, but it is actually very difficult to ascertain how heavily pregnant an animal is.

Can you give us some evidence to help us in terms of tightening up the Bill through putting in numbers, such as six months of age; reintroducing health checks; the rabies titre test; and specifying mutilations such as cropped ears? The hon. Member for Cambridge talked about declawed cats as well. Can you give us specific asks? For example, how heavily pregnant should it be—is it in the last 30% to 50% of gestation? What can we do to tighten up the Bill to make the provisions clearer to the outside world?

Paula Boyden: You mentioned the minimum age of entry. The proposal is six months. We would really like to see that science, as there is a potential to start looking at older dogs. The reason I say that is because of the disease risk from those dogs, which I appreciate is not part of the scope today. We have 12 years of serology data on the rabies vaccination and the rabies titre test from the 12 years prior to the change in 2012. We know that the animals that are least likely to respond to the rabies vaccination are young dogs—young, naive animals—those under a year of age, I would say, particularly with large breeds. The wait period would bring the time period in line with the incubation of the disease—most cases of rabies will present between three and 12 weeks post infection. That measure starts to give us a good framework, should we want to expand that at a later date.

On pregnancy, David mentioned third-party sales. It is not a bad piece of legislation, but I go back to a previous comment—we need to take a holistic view. This is all about the supply of and demand for dogs. Illegal importation is one side, but the domestic legislation around breeding and sale is also important. We have to tie them together. Since that legislation on third-party sales came in, we have seen a significant increase in pregnant mums coming in. This time of year, we are seeing a surge because they are all coming in for the Christmas market, because it completely circumvents the ban on third-party sales.

As a minimum, we ought to be reducing the gestation period to a maximum of 30% —a maximum of one half to two-thirds pregnant. We had originally said 50% of pregnancy, and the reason for that was that the New Zealand Animal Welfare Act 1999 protects unborn offspring at 50%, but having spoken to colleagues at the Department for Environment, Food and Rural Affairs, I understand that you can use ultrasound and the kidneys appear at about 42 days, so that could be quite a good indicator. The challenge with ageing at the moment is that it is very subjective. You are looking at the body weight, the size, of the puppy, but you are also looking at the eruption of the teeth—the adult teeth—which again is going to be variable. So having something that is a little bit more specific would be great, and if it were reduced to 42 days, it would mean that—well, certainly looking at the figures that we have, over 70% of the pregnant mums that were seized would have been illegally imported, compared with a smaller proportion. It is very, very difficult to say that a bitch is 50 days’ pregnant versus 54 days’ pregnant or whatever. The issue is having that specificity.

The journeys that these mums undertake are horrific—that is the only way I can describe them. They do not have enough room. There is no temperature regulation. Quite often, they are not fed, because if they are not fed, there is very little coming out the other end. They are given very little water. They have no breaks. That is not a way to treat a heavily pregnant animal of whatever species we are talking about. So the aim should be to reduce that and, as I mentioned, to absolutely ban the commercial importation of pregnant mums as well.

Sitting alongside that is the issue of mutilations. We very much support the ban on importing dogs that are mutilated—docked and cropped, and you mentioned cats that have been declawed. The one thing that does not happen at the moment is visual checks on importation. The checks are undertaken by the carriers, which we feel is wrong. That should actually be done by either an independent or a Government agency, so that there is no conflict there. But it should at least involve a visual check. We have demonstrated that on a number of occasions when we have actually imported a toy dog and nobody looked in the crate to see that it was a toy dog. We need that to see what the position is: “Does this actually match up? Does this animal actually need a physical examination?” We are not saying that we need to be hands on with every animal, but having a physical check is really quite critical in this respect.

In terms of mutilations, as I have mentioned, it is really important that we ban not only the importation but the sale of those dogs and cats so that they cannot be passed on, but we would very much welcome a very tight exemption so that, as a rehoming organisation, we could rehome them rather than the dogs being confined to our care for the rest of their lives. That is exactly what we have with section 1 dogs at the moment, because we cannot rehome them.

There is another thing sitting alongside this. We have spoken about the checks at the ports. I have two comments. One is that the risk with raising the minimum age of entry to six months is that we may see a shift from what we have at the moment, which is illegal importation, whereby the puppies are declared and have a passport but the information is wrong, to true smuggling, whereby they are hidden. We need to be mindful of that and look at how we can address it.

The other thing that we need alongside this, aside from the enforcement, is penalties, because the penalties just are not there. We have had approximately 2,000 puppies come into our care since we have been working with Animal and Plant Health Agency colleagues at Dover. Out of those, there have been three prosecutions and not one custodial sentence. If I use the analogy of cigarette smuggling, the maximum sentence there is seven years, whereas the maximum sentence for this is a year. I find it quite strange that if I were caught smuggling cigarettes, the last thing that would happen is that I would be given my cigarettes back, yet that is what has happened to the importers—they can claim their puppies back. One thing that we have seen through lockdown, because of the increased demand and increased prices, is more and more puppies being reclaimed through quarantine, because there is still a profit to be made. That is fundamentally wrong. At the moment, there is no deterrent to trying to circumvent whatever rules we put in place.

Q Thank you; that is really helpful. Finally, do you feel that if we added some specifics to the Bill, that would give clarity in how we legislate? Obviously, the science is evolving, but the Secretary of State potentially then has discretion to add things as the science develops. In terms of putting six months in the Bill, putting in pre-import health checks for things like brucellosis and specifying some of the mutilations, do you think that that would give clarity to the Bill?

Paula Boyden: It would certainly give clarity. I appreciate that there are benefits on either side. If the Bill goes through as it is, you can then bring something in under secondary legislation. Obviously, putting it in the Bill brings it in more quickly, but if secondary legislation allows us to make more changes, I think we have to weigh that up as to what is the most appropriate thing to do.

David Bowles: It is really important that the ban on importation, whether it applies to cropped dogs or puppies under the age of six months, applies to everything, because one lesson that we have learned from the puppy trade is that the dealers will make money out of anything; they will exploit loopholes. While I have total sympathy with people who are importing dogs from abroad that have had their ears cropped, it makes it really difficult for enforcement in the UK, because people then just say, “I’ve imported that dog with cropped ears”, rather than, “I’ve just done it myself last week”.

Q I am very interested in and intrigued by this issue; I have a background in local government, so I understand how difficult it is at the moment to take part in these schemes and things like them. What do you think that Government would need to provide to allow local authorities to be able to enforce the licensing part of keeping primates as pets?

David Bowles: There are three points—and there is no easy answer to this. The RSPCA has been working with the all-party parliamentary group on animal welfare to try to consider how we can improve this situation.

The obvious one is money, but then you get told that all the time. Secondly, there is training. There are a number of very good training courses out there for local authority staff, but there are also some very poor training courses. I worry that a local authority employee would just go on a poor training course and have the certificate for it on their wall, but they will not have the same competence as somebody who has been on a course run by, say, the City of London.

Thirdly, where you are seeing things moving is local authorities, because of the budgetary issue, starting to pool resources. There are some very good examples of where local authorities have joined together. There is a very good one in Wales, but there are also a couple of good ones in England, where local authorities have decided to pool their resources and work together on the enforcement issue. I think that is the way forward.

Q That is certainly true on enforcement for things such as tobacco, interestingly. I know that you have suggested that this measure is pretty unworkable and will not achieve what needs to be achieved, but once somebody has got a licence and they need to go for the veterinary checks, do you think there are enough qualified vets in the UK at the moment to be able to do these checks appropriately, and will people who keep animals under a licence be able to keep up with what they need to keep up with in order to hold that licence?

David Bowles: There are two problems. First, once you have got a licence, you have got a licence for six years. That is a long, long time. If you are talking about the lifespan of a marmoset, that is almost half its lifespan. So that is a very long time. The RSPCA would like to see that licence period reduced to a year.

Secondly, you are right, because this is all about expertise. When you are dealing with animals, it is not just expertise on the enforcement side that is needed; expertise on the vet side is also needed. Obviously, I defer to the very experienced vet at your table. There are very experienced wild animal vets out there, but they are not all over the place. The difficulty is that if you are presented with an animal that you have never been presented with before and you do not have experience of that animal, there could be a problem to work out whether its welfare needs are being met.

Q Would you also be concerned about the transportation of primates around the country in order to find those vets?

David Bowles: I would be concerned, and not only because the present legislation allows the breeding of primates from a licensed keeper and the sale of primates. So, there is a commercial trade element. How will those primates get from one place to another? They have to be transported. When you are dealing with primates that at the moment are not being kept in appropriate conditions—you know, kept in a parrot cage, with no enrichment, in a very small space, on their own—I worry that that person will also not how to transport their primate adequately.

Q Thank you. I have two more questions on the importation of dogs, if that is okay. First, what provision do you need to see at Border Force level in order to implement these changes and ensure adequate checks?

Paula Boyden: At the border, first and foremost we need cover at the right times. We know that there is limited cover at weekends and in the small hours. The importers know that too, and that is quite often when animals are illegally imported, because there are limited checks.

As I mentioned, it is really important that we consider shifting the checks from the carriers to a Government agency. That should involve a visual check. The analogy that I have used many times is that at the moment it is a bit like you or me walking through an airport with a paper bag over our head, because there are no visual checks. That is why we have been able to import toy dogs into the country on a number of occasions without being challenged. We really need to address that. We will need individuals with a level of animal welfare knowledge, so that if there are concerns, they can flag them and arrange for a full physical check.

Alongside that, the physical resources at the ports are limited. For example, if somebody sees a dog that they think is pregnant, where will she be taken to allow her first, to rest, and secondly, to be examined? She cannot be left portside in the middle of June when it is 25°. We need to think about that side of things as well. It is not just Dover; the importers are very clever, and we need to look at other ports around Great Britain as well.

Q That is very helpful. I was interested in what you were saying about mutilation and rehoming in the UK. I should probably declare that I own a dog that has a docked tail, who I rehomed. Are you concerned about people who do not have any evidence that they genuinely rehomed an animal that already had a mutilation? Will they be caught out, not having been in any way involved in the mutilation, because they had rescued that animal? What are your views on that? Clearly, mutilation is awful and horrific, and we heard about declawing cats. What more could be done to raise awareness of why this is so negative? Could the Bill help do that?

Paula Boyden: The Bill, by mentioning mutilation, is highlighting that it is not appropriate. Speaking as a vet as well as for the Dogs Trust, I can think of no medical reason why you would mutilate a dog’s ears. It is the wrong bit of the ear that you would operate on. I understand that in other countries, there are breed standards in which the ears are cropped. I suggest considering a time-limited and very tight exemption for individuals who are caught now—who perhaps already have a dog that is mutilated, and are truly relocating—to allow them to bring their dogs into the country, but that would have to be incredibly tight, because any exemption is a potential loophole. That is something that we could think about. It should be time-limited. If the dog was mutilated before the legislation comes in, obviously within 10 to 12 years that exemption should not be necessary.

I would endorse the point that if these dogs and cats are imported into the country, it would allow us to rehome them responsibly, and give them a much better quality of house. We probably have some of the best kennelling in the world, but it is not the same as being in a home.

David Bowles: I concur with everything that Paula said, but we should not forget that tail docking is permitted in certain circumstances, if the vet believes that that dog will be used for certain activities, whereas dog mutilation has been prohibited for many years. There are different reasons why that is done; as Paula rightly says, there is no reason to mutilate a dog’s ear. It is done purely from vanity, and because some societies believe that some breeds look better like that. It is totally bizarre.

There are different issues there. The RSPCA has been asked by, for example, diplomats in other places who have a dog with a docked tail whether they can bring it back in. Under the legislation, the Secretary of State can allow certain exemptions, and I think that is right. Again, I emphasise that if we have a loophole for rescue organisations, the puppy dealers will jump straight through that door.

Paula Boyden: David mentions that a lot of the imports come from Romania at the moment. The cropping of ears is illegal in all EU member states, so there is no reason why there should be cropped dogs in any EU member state.

David Bowles: Except it is legal in Serbia, and those Romanian dogs are Serbian dogs.

Q Following up on Vicky’s point about future-proofing and imports, do you think there is a way we can future-proof against trends such as brachycephalic—short or flat-nosed—pets? One in five pets bought now has this big potential problem because of the trend for short-snouted dogs. In the legislation, we are talking about banning imports and setting standards. Is there a way to do that in legislation, or is it too difficult, practically, to protect and future-proof against trends?

Paula Boyden: That is a really good question. It is quite difficult with brachycephalics. We are always treading a fine line, because we do not want to demonise these breeds. We have been working very hard, as has the RSPCA, on groups such as the Brachycephalic Working Group, with the Kennel Club and breeders to try to improve breed standards, so that we are not breeding for extremes. That is obviously a slow burn; it is not something that will happen overnight. It is quite difficult to predict the next trend. Certainly, when I was growing up, it was Rottweilers and Dobermanns. There is a big surge in hybrid crosses at the moment.

We have to get the message across that health matters over the looks of a dog. Again, it is very easy for us to say that—we have all the information about how one should go about getting a dog—but unfortunately we live in a demand society, where it is, “I want that, and I want it now.” That is part of it. As it is all about supply and demand, part of it is educating those who are looking to get a dog, so that they take their time and get the right dog, rather than getting one virtually at the click of a button. That is one of the challenges.

Q In the current market, what is the drive from imports? We now have the chance to block or ban things in certain ways, to stave off a trend. How much does demand drive imports? If, for example, Italian greyhounds get more popular and become the next trend, how much do you see the outside market respond to that, so that we get those imports? How responsive is it? We seem to have a chance to drop that, if practicable.

Paula Boyden: The importers are very good and adaptable, and we have seen this. We have been running the puppy pilot for six years. You will not be surprised to hear that the majority of dogs that have come through our care have been French bulldogs, bulldogs and pugs; dachshunds are now the leading breed. During lockdown, because so many people were getting dogs, we saw a bit more variety, but they are the key breeds that are coming through, so we will see that adaptability.

Kennel Club registrations of French bulldogs went up exponentially, but only a small proportion of them were registered. If we do a back-of-the-envelope calculation, there were 9 million dogs in the UK at the time, with an average lifespan of 12 years. I am not saying that supply must equal demand, but it will. We therefore need 750,000 dogs a year. The Kennel Club registers about a third of that, so where do the others come from? That goes back to my comment about being holistic. We do not have true traceability. You need a licence to breed a dog only if you breed three or more litters a year, so where people produce fewer than three litters, we do not know who or where they are. That favours illegal importers, because they can easily advertise online.

One of my key points is that we need to step back and take a holistic view of the supply and demand of dogs. The demand is important. The Department for Environment, Food and Rural Affairs is doing its “Petfished” campaign, which is fantastic, but we need to start joining these dots up a little bit more.

David Bowles: Certainly, importation has hugely satisfied the demand for cropped-ear dogs, and that loophole has led to an increase in dogs being cropped in the UK. With brachycephalics, it is really interesting. As you know, back in 2005, a handful of French bulldogs were being bred and registered each year, but now thousands are. Will that trend continue? Probably not. We are possibly seeing the start of a decrease in French bulldogs, but people will go on to something else.

You asked how to future-proof the legislation. At the moment, under the Animal Welfare Act, a breeder could theoretically be prosecuted for breeding a French bulldog that has not had its welfare needs cared for, because it cannot breathe. The difficulty is proving intent and where that started off. That is why there has not been any progress on that.

Q I have a couple of questions about clauses 26 to 41 in part 2 of the Bill, specifically about dogs attacking or worrying livestock, and about criminal enforcement. I was a solicitor for many years, appearing in the courts. The vast majority of animal welfare proceedings were brought by the RSPCA, not by the police. The Bill talks about the police; it does not talk about private prosecutions or the role of organisations such as the RSPCA in enforcement. Do you foresee any role for the RSPCA or third-party agencies in this process?

David Bowles: You are probably aware that the RSPCA investigates probably about 85% of issues under the Animal Welfare Act. You are probably also aware that under our new strategy, we are in discussions with Government, the Attorney General’s Office and the police about the handing over of prosecutions to the statutory agencies. The primary reason for that is the changes in sentencing, which obviously we fought for and wanted. You will start to see a prison sentence of up to five years. We do not believe that it would be good for a non- governmental, non-statutory agency to be doing something where somebody could end up with up to five years in prison. A lot of the enforcements in this Bill are down to local authorities and down to the police.

The RSPCA will continue to investigate animal welfare issues—for instance, getting the calls on primates that are not being cared for properly. We will continue to enforce those. That is why we wanted a ban—because we want to make life easier not only for local authorities, but for us. I would love for the RSPCA not to have any calls on primates whatever, and for us not to spend the money investigating those cases and then trying to rehabilitate those primates. I do not believe, given how the Bill is written at the moment, that that will happen.

Q I think there is a concern about how these matters are prosecuted. Paula, you touched on the potential for a dog to be kept in kennels for a long time. Clause 27(2), (3) and (4) appears to suggest that if a dog is seized by the police, the owner has seven days to claim the dog back, and if that does not happen, the dog can be given to another owner or potentially destroyed. I do not know whether that is your understanding. Clearly, we want to avoid at all costs healthy dogs being destroyed after seven days. Do you have any thoughts on how we address that part of the Bill?

Paula Boyden: The devil is in the detail on that. One would hope, and what would be great to see there, is that within the seven days there is some sort of behavioural assessment of that dog—of whether it is appropriate to rehome it. It might involve an irresponsible owner who is not prepared to put the time and effort into training the dog, fencing their garden or whatever it takes. I would very much hope that there will be a little bit more detail about what happens within the seven days. I would certainly support the concept that we do not want dogs just languishing in kennels for protracted periods of time, but it has to be proportionate.

Q It is almost certain that somebody arrested for an offence like this would either be released under investigation or granted police bail. Is the position that you would like that until there is a charge, the dog must be kept with the owner, or do you feel that with release under investigation, it could be many months before a charge even comes? What should happen to the dog in those circumstances?

Paula Boyden: Again, it depends on the circumstances. If, for example, it is a repeat offender who clearly has not learned from the first time, I would hope that they would be encouraged to sign the dog over, because they are clearly not going to step up to the mark and do something about it. In that situation, rehoming might be the most appropriate thing for that dog. If it is a first offence, again, it depends on the circumstances. Anybody can make a mistake.

Q I am talking about prior to charge—when somebody is arrested, interviewed and released on bail by the police, so there is no charge. What happens to the dog in those circumstances?

Paula Boyden: In those circumstances, there is the first stage—whether they need to take evidence and those sorts of things—so we assume that that is done. Obviously the person is innocent until proven guilty, so there is the question of whether it is appropriate for the dog to go back to that person, but again it will depend on the circumstances. If, for example, the dog has escaped from the garden, the sensible thing to do is to say, “Okay, we can get the dog back to you, but you’ve got to fence your garden first of all.” Then it depends on their commitment to doing that as to whether they have the dog back or it is deemed appropriate for the dog to be rehomed.

David Bowles: The RSPCA would share some of your concerns about some of these seizure issues. Paula has rightly talked about some of the kennelling issues with the police. I am not sure if you are aware, but the Scottish Government passed legislation this year—it has only been in place for two months—that allows the Scottish Society for the Prevention of Cruelty to Animals to get rid of a seized animal, whether it is a farm animal or a dog, after 21 days, rather than waiting for the court case to take its route. We would like to see something similar happen in England. If the person is found not guilty, then there is a compensation process under the Scottish legislation. That safeguards the welfare of the animal, because they are not languishing in kennels. Do not forget that even before covid, some cases took two or three years to get to court; under covid, 2020 was essentially written off, and we are seeing a huge backlog in court cases.

I worry that we have a lot of dogs, in particular, languishing in kennels, and their welfare needs are not being cared for. Once the court case is finished, it will be up to somebody, perhaps the Dogs Trust or the RSPCA, to try to rehabilitate the dog.

Q Thank you all very much for coming to give evidence; it is great to meet you. I will start with Alison and focus on primates to begin with. I do not know whether you heard the evidence from David from the RSPCA in the previous session, but he took the view that it would be preferable to have a blanket ban on primate ownership. I know that in the past you have thought about that very carefully, and you took the view that a licensing system would be preferable. Do you want to tell us more about your views on that?

Dr Cronin: Yes. Over the years of rescuing and rehoming primates from the British pet trade, we have come across numerous individuals who have reached out to us to rehome the primates that they have kept as specialist keepers. I mean that in the true sense of the word. They are hobbyists who are dedicated to the care and welfare of their animals. They keep them in zoo-style environments with indoor and outdoor enclosures and access to professional veterinary care and social groupings. They feed them appropriate diets, stay up to date with the most current literature, and keep them as a specialist keeper, often contributing to conservation programmes that are zoo based.

I have received numerous calls from people of that type asking me to rehome their primates because they are getting elderly or see their circumstances changing, and want to do the correct thing by their primates. In those circumstances, I have often asked those individuals to keep their primates until the situation occurs where they feel that they can longer look after them, because I have so many that are being kept in bird cages, in solitary confinement and in people’s sitting rooms.

For me, it was a case of being practical and acknowledging that primates can be kept by private individuals to a reasonable standard of welfare if the appropriate guidelines and legislation are set out. The problem in existing legislation is that all marmosets, all species of tamarin, titi monkeys and squirrel monkeys—totalling 66 different species of primate—can be bought and sold over the counter or on social media like budgies or goldfish. No offence to budgies or goldfish, but those are animals with higher sentience, family groupings and greater physical and emotional needs, so greater concern needs to be given.

I am trying to be practical. I am trying to offer what I consider to be reasonable adjustments to current legislation and employing existing legislation, which is the strongest in the country right now that protects captive primates—the Zoo Licensing Act. I have just tried to offer a practical thing. I am not concerned about making a political statement about where the animals are kept; I am simply concerned about how they are kept. To me, the most important aspect is the health and welfare of these animals, not who is keeping them.

Q Thank you; that is very helpful. Do you have views on the proposed transition scheme? The RSPCA talked to us about grandfathering rights. Do you have a view on how we should best move from the current system to the new system?

Dr Cronin: I think giving people the opportunity to make the circumstances correct is probably the right thing—again, I am trying to be practical. Because there is no registration system for said 66 different species of primate that can be kept, we do not know how many are out there right now. Some organisations have tried to put numbers on it, but they range from 1,000 to 5,000. Which is it? Actually, we don’t know. Where will all those animals go? Monkey World has taken in more than 120 primates from the British pet trade, in more than 25 years. I have taken in 15 just over the last two years.

The number of species and individuals is clearly increasing. In order to deal with the situation practically, if there are circumstances in which some of these shorter-lived primates—I am still talking about 12 to 15 years—can have their needs met in a captive situation, should these animals be allowed to live out their lives in what is deemed to be appropriate and reasonable circumstances, rather than just taking a categorical stance? Again, as I am on the frontline picking up the pieces, I am trying to offer a practical solution, when I know I already have over 100 primates on my waiting list.

Q Are you concerned that if there were to be an outright ban, you would have more pieces to pick up?

Dr Cronin: Any form of this legislation will cause an increase in the numbers needing rehoming—that is just a fact. All organisations are agreed that something has to change so that the species with no registration system have some form of protection of their care and what they are provided. Everybody is agreed that something has to be done here, and we will do our best to accommodate and pick up the pieces.

Q You clearly have a wealth of experience in caring for primates. Do you feel we have tapped that experience to inform the new zoo standards? Has your voice been heard?

Dr Cronin: I have just recently—within the last few weeks—been taken on to the zoos expert committee. I have come in at a later stage, but I am impressed with what has been proposed. Perhaps contrary to what was stated earlier, it seems to me that the standards are put across a level playing field, focused on bringing perhaps the smaller zoos that are not ticking all the boxes up to the same standard, regardless of size.

I think I am pleasantly surprised, as a user of the Zoo Licensing Act, to see a bit more focus on conservation and spelling out what that is. I could go through details over and over again. In particular, recently I was very dismayed to see so many of the larger zoos in the country immediately claim, after only a few weeks of closure, that they would potentially have to euthanise animals if they did not receive financial grants from the Government. Our organisation is not a large zoo in comparison to most. I am dedicated to the care and welfare of my animals, whether it is for my lifetime or for one year, and I think that it is essential that zoos operate with a budget that enables them to close for one year. That is an obligation that they should have to the endangered species that they are protecting, and one on which they seem to have fallen short up until now. Details such as that are in the proposed legislation.

Q Thank you; that is very helpful. Jo, how do you feel about the arguments about a blanket ban versus a licensing system?

Dr Judge: We would also support a licensing system. I agree with many of the points that Alison made about primates as pets. We think that you should be banned from keeping primates as pets in a domestic setting, but there are a number of responsible, registered—with BIAZA—keepers who keep their animals to a zoo standard, and their animal welfare is at the highest level. They play an important part in some breeding and conservation programmes. Although we fully agree that you should not be allowed to keep a lemur or marmoset in a birdcage in a living room, and would like to see that banned, we think that a well-resourced and effective licensing system is the way to go to enable the people who keep those animals at high welfare standards and contribute to conservation programmes to keep those animals. As Alison said, a complete ban would drive the trade underground and leave more animals in need of rehoming and more animals likely to be abandoned. We are very much in favour of banning them as pets but allowing a licensing system for responsible keepers.

Q I will move to Simon. Do you feel that the zoo standards have been drafted in consultation with the experts on your committee?

Dr Girling: Yes, I genuinely do believe that that is the case. We currently have 12 members plus myself on the committee. The members cover a wide range of disciplines, from veterinary surgeons who have worked for many years and are recognised as specialists within the community to those who are working in a variety of zoo licensed premises—from larger zoos to smaller ones. We have members from academia, covering various areas of welfare, ethics and education, and we have local authority representation.

In addition, the standards have not been drafted purely by the committee. The committee has involved the zoo community, the British and Irish Association of Zoos and Aquariums. A number of members of BIAZA’s groups have contributed. These are just a few of them: the reptile and amphibian working group, terrestrial invertebrates, the native species research committees, veterinary working groups, elephant welfare groups and great apes welfare groups. We have widely consulted with the industry, from zoos to aquaria, and across a wide range and spectrum of different zoo licensed premises to ensure that the standards genuinely represent both what the industry wishes to drive forward and what we feel is important, which is improving conservation and welfare in zoo licensed premises.

I am very pleased to have new members such as Alison on board to bring their expertise and scrutiny and to bring different perspectives on these new standards, which I genuinely believe will improve welfare and conservation in zoo licensed premises in the UK.

Q Thank you. Do you feel that it is a good move to absorb the conservation standards within the other zoo standards?

Dr Girling: The conservation standards have not so much been absorbed but created within the standards. There was very little reference to conservation in the standards originally. Zoos have given many different examples over the years of contributing to conservation, including simply donating money to organisations that carry out conservation on their behalf or, in some cases, breeding species that are not on any sort of IUCN red list and saying that that is conservation.

We do not believe that, in a modern zoo, that actually represents conservation, so the Bill provides an opportunity for us to more clearly define what conservation is and how zoos can implement that, and to tailor it to ensure that it reflects the size of the zoological collection. We would expect some of the larger zoos not only to collaborate with conservation measures, but actively to lead them. It is an opportunity, which I believe the standards reflect, to significantly increase the definition of what conservation is and to improve it within zoo licensed premises.

Q Great. Finally, are you aware that the consultation will start shortly and are you geared up for joining in with it?

Dr Girling: Absolutely. Hopefully, the consultation will be out before the end of the year. It will be a 12-week process targeted to the industry and other bodies, such as local authorities that have a stake in the zoo world and veterinary organisations involved in it. There will be discussion—quite rightly so—and there will be some areas that people will want more detail on, but I am confident that the standards as they stand represent a significant improvement in clarity, particularly on welfare and conservation.

That will help when we are talking about local authorities potentially being able to implement penalties, because it will give them more teeth to deal with zoos that are genuinely failing. I am confident that the consultation will be out in the next month or so, so that we can get the standards into force. We have to remember that this is the first major change to the standards for nearly 10 years, so a significant amount of change has occurred.

Dr Judge: May I come in on a couple of those points? ZEC has done a fantastic job and has involved different individuals from different BIAZA working groups in its consultation, but BIAZA itself has not been involved in the consultation and has not seen the majority of the standards yet. Those experts have been involved in developing the standards, but at the moment there is no requirement for any consultation when the standards are reviewed. We would like to see some assurance that when standards are reviewed, now and in future, there is wider consultation.

Q For what it is worth, I can give you the assurance that there will certainly be a consultation starting shortly. I believe you have been involved in some of the discussions about that.

Dr Judge: Yes, we have, but it would be great to have a requirement set down somewhere that that will always happen when they are being developed rather than when they go out for wider consultation.

ZEC gives advice to the Government, and that advice is great, but there is no transparency about that at the moment. There is no requirement for it to publish its advice. We would like to see the advice around the standards brought into line with the new animal sentience committee, and it being given the ability to publish its advice, so there would be greater transparency, which would make the standards process more robust.

On moving conservation into the standards, we very much support the highest conservation requirements for zoos and aquariums. We believe that all modern zoos should provide impactful conservation, so we support that, but we would like assurances around consultation, transparency and accountability of the standards as they are reviewed.

Q Thank you for coming to give evidence to us today. I am still slightly confused about the group of people we are dealing with. I think we are all agreed that there is a group—of how many, we are not sure—who are keeping primates in entirely inappropriate conditions, and we want to clamp down on that.

However, I listened very closely to your evidence, and you both said, “a number of”. A number can be anything from one to quite a few. I am not at all clear how many people we are talking about who are, in your words, in a position to keep primates to zoo standards. I would really welcome a stab from both of you at how many people we are actually talking about. That goes back to my question to the RSPCA: who are they? They are clearly not the kind of people we are trying to clamp down on, who are keeping primates in totally inappropriate conditions. How many can do it properly?

Dr Cronin: In our experience over the years, I can only comment on the numbers and proportions I have seen. Specialist keepers who have reached out to us or that I am aware of are probably one in 30. It is a very small fraternity of people—the personal hobbyists, if you will—who are prepared to spend the amount of money, time and effort needed to keep these animals properly. It is not straightforward; you have to invest a lot of time and effort into it and have back-up resources for going on holiday, or anything like that. So the number of specialist keepers is very small.

What has happened in the last decade is that social media has driven the trade in keeping exotic pets—primates in particular—in households to increase someone’s social media standing and the like. It has got out of control, and I think everybody agrees that that is the frontline that needs to be tackled first. Then, perhaps, additional legislation to deal with any outstanding issues surrounding those specialist keepers might be a follow-on. However, I think we all agree that the frontline triage is to stop the over-the-counter trade of primates being sold in birdcages to be kept in sitting rooms in solitary confinement. I do not think anybody has a problem with that being the primary focus.

Dr Judge: It is very difficult to put a number on it. We only have a handful of what we call our accredited associates, who are people who keep primates to that zoo standard in a private setting. There are also a number of sanctuaries that do not have a zoo licence because they do not allow visitors, which is what would tip them over into needing a zoo licence. At the moment, it is unclear how those sanctuaries would be affected by a ban. Presumably, with the licensing procedure, they would be able to carry on.

Those people are genuinely very passionate about their primates. The ones we deal with are very keen to be involved in conservation and breeding programmes; they are also people who will take animals that other people cannot properly house, and so on. They form a vital part of the safekeeping of primates in the UK. We do not know how many there are at the moment, but it is unlikely to be a massive number.

Dr Cronin: May I add one short comment? There is also an issue with pet shops and people taking advantage of loopholes in legislation by keeping primates in the pet shop, but not offering them for sale. Do those animals fall under the pet shop licence, or are they now in need of a dangerous wild animals licence, or the specialist keepers’ licence we are talking about? The whole issue surrounding pet shops needs to be tightened up. Also, as was mentioned earlier, there are all the farm parks that currently fall in between legislation. Are they zoos or not if they have a parrot and a marmoset? It is in those situations that animals are being neglected and falling short of legislation.

I was going to come on to that.

Dr Cronin: Sorry.

Q No, it is fine. I think we are basically agreeing that the number is very small, which means that the other group, those who are not appropriate, is massively larger. The question then becomes: what happens to all those primates in this situation? Again, it is the transition question. What would your view be on that?

Dr Judge: There has to be a reasonable period over which this is going to be implemented. If there are welfare issues, obviously, that should be paramount and there should be rehoming and the ability for that. The difficulty will be the capacity for rehoming. I know that Monkey World, for example, is at capacity—if not possibly over capacity—a lot of the time because of the rehoming that it does. While zoos will assist wherever they can, the actual capacity within zoos is restricted because it is not easy to take a pet monkey and put it into an established social group of primates kept in a zoo situation. Zoos have long-term management plans for all those animals, and they have a carrying capacity. The worst examples need to be rehomed as quickly as possible, but having a system whereby people are checked and then there is a longer period—I think it is two years at the moment—to get those into better premises could be useful. However, it all has to come down to the welfare issue.

Dr Cronin: There is a further twist in the tail there too and it falls back to the ZEC committee and the zoo’s licensing. A lot of the animals have come via captive-bred animals from zoos. When we are talking about breeding primates for so-called conservation purposes—and sometimes it is not actually so—so-called surplus animals are created that are then rehomed at various rescue centres or sanctuaries that may or may not be licensed, or they find themselves into the pet trade. That is where I suppose my worlds are colliding. There needs to be tighter legislation in the ZEC committee, in my opinion, to limit and control the breeding of species that are not conservation priorities and to ensure that those animals—that the zoos are obligated to care for what they breed. That is just a moral principle that we live by at Monkey World: anything that is born at the park I am obligated to care for for its lifetime, unless I can find a home of better quality than we provide already. That is something that needs to be fully embraced throughout the zoos up and down the country.

Dr Judge: In good, modern zoos, sending animals into the pet trade would never happen. It is against our sanctions. However, not all zoos are BIAZA zoos and the ones that do not adhere to those higher standards are the problem. It is those lower levels that we need to bring up to match the other standards. Within good zoos and aquariums, and the whole of BIAZA zoos and aquariums, breeding is very carefully planned and it can be done at a European level for conservation breeding, but they have to know what they are going to do with those animals when they breed them.

Q I think there is evidence of some danger of unintended consequences here in some of this. If I can just move on and include Simon. I am slightly troubled by this spectrum of sanctuaries, small zoos and farm parks, exactly as you have just been saying. Will the measures in the Bill result in a lifting of animal welfare standards in general, taking into account that spectrum that may or may not be covered by the legislation?

Dr Girling: I genuinely believe that they will for a number of different reasons. The standards, as I am sure the Committee knows, have been altered to ensure that grey areas—ideas of best practice, so-called “shoulds” or “coulds”, suggestions that this is the best way to manage an animal—have been pretty much removed wholesale from the standards and replaced with “musts”. Consequently, it has inevitably resulted in an increase in standards throughout this document. I am confident that this new set of standards will improve the welfare of captive animals, including primates, and I certainly welcome the extension of welfare standards for primates from the zoo standards to all primates kept in captivity, just to echo what both Alison and Jo have said. Yes, I believe these standards will result in that and that may well result in some issues for some current zoo-licensed premises. They will have to improve their game or there may be the ultimate sanction of the local authority removing their licence if they do not come up to the new welfare standards.

Q What happens to those animals then?

Dr Girling: It depends on the individual collection. They become the responsibility of the local authority in the first instance, because when the local authority removes the licence, it becomes responsible for the welfare and care of the animals. It then absolutely becomes a potential issue to rehome those animals to other zoological collections. As Alison has already acknowledged, many collections—zoos, sanctuaries and so on—are already at capacity.

We would expect that the standards will take some time to implement once they have been agreed, so there will be a lead-in period in which it would be plainly obvious to collections that the standards are improving. We sincerely hope that this will give everybody time to improve their game and to improve the welfare for their animals should it have fallen short of the new standards. Inevitably, yes, it may well result in animals needing to be rehomed, as Alison indicated.

I am not sure whether I feel more sorry for the animals or the local authorities. I will leave it at that.

Q Thank you, Chair. I declare an interest: with the all-party parliamentary group on zoos and aquariums, I successfully supported the levelling-up fund bid of Twycross zoo, which is in my constituency.

To summarise, I am concerned about the public’s perception around welfare. It sounds natural and very obvious to say, “Let’s ban primates as pets.” What we are hearing from you guys is that, practically, that is very difficult because they are complex animals that may build relationships with a specific keeper. You cannot suddenly move them into another group very easily. Alison, you pulled a face there—that is what I am interested by, because I am coming at it as a lay person. If we choose a licensing system over an outright ban, how can the Government explain that to the public with the understanding and nuance in the message that you have just put forward?

Dr Cronin: I would be perfectly happy to accept a ban, but I am not, as I said before, trying to make a judgment on where the animals are kept—that is not my purpose. I am here to speak for those who do not have a voice: the monkeys and apes. I am concerned about how they are being kept. I am just trying to stay laser-focused, so to me, it does not matter whether they are kept at Monkey World, at Twycross zoo, or in somebody’s back garden.

Depending on who they are or how wealthy they are, somebody’s back garden might have higher standards than either Twycross zoo or Monkey World. I am trying to be practical in saying, “That can happen; that is realistic.” Why should a person be stopped, simply because they are a private individual, from doing a good job, potentially in both conservation and welfare? Should they become incorporated, and then would it be okay for them to keep those animals? I am trying to stay focused on the purpose and intent of what is being proposed, not on the moral principle of whether these animals should be kept in captivity.

On your comments about which animals become attached to people, I suggest to you that if they have become attached to people, they are perhaps not being cared for in an appropriate manner, because they should be living with others of their own kind and living appropriate lifestyles as marmosets, tamarins, squirrel monkeys or capuchin monkeys. We have not encountered primates that we have not been able to rehabilitate. We are known around the globe for taking some of the most difficult species, including great apes, and rehabilitating them into large, natural—well, natural when living in captivity—social groups. It is possible to do; it takes a lot of time, effort and money to do, and you have to be dedicated to that purpose. That is where the rescue work that we do at Monkey World is different from the average—I do not mean that in a derogatory way—zoo or wildlife park: we have a specific focus, and it can be done.

Dr Judge: I agree with Alison that it has to be welfare focused. The argument is that these people are keeping them to a very high standard of welfare, and that is what is important. As Alison says, it does not matter where that is, as long as their welfare is being adequately cared for.

Q We have heard from all three witnesses that this is going to drive up the standard of animal welfare. The danger of adding the conservation bit is that we are potentially a little blurred over what conservation looks like, and what standards are driven there. Could I ask you to comment on what the proposals will look like for conservation? Will it be a percentage of turnover? Is it the number of projects that you run elsewhere in the world? Is it the amount of expertise that you export? I guess that there is the danger that we need to be prescriptive, but being too prescriptive is problematic. [Interruption.]

Human welfare is being looked after as well; that is good to see. Simon, I hope you got that question. The concern is that we need a good definition of conservation, but if it is too prescriptive we create a problem. What is your response to that as the ZEC?

Dr Girling: Thank you very much. It is a thorny issue, and I am confident that the conservation measures that are in the proposed standards that will go out for consultation are significantly increased in content and clarity. At the same time, they are not saying things like, “You need to donate £X to conservation in order to tick a box.” They focus more on the meaningful conservation measures that organisations can carry out. It is about enhancing and encouraging zoological collections—zoo-licensed premises—to engage in the process of research and conservation.

That does not necessarily mean that some of the smaller and less financially robust zoological collections have to release wildcats into England, or something of that nature. It is tailored to ensure that they are encouraged to collaborate, share data and information, and get involved in such things as local wildlife trust research and projects that are on their doorstep, all of which can be meaningful conservation. It is not about breeding animals that do not appear on the International Union for Conservation of Nature red lists, and calling that conservation. It is not about simply giving money to projects and saying, “That’s our conservation,” or “We’ve sold so many gifts at the gift shop, and we’re generating income for conservation.”

It is about being able to demonstrate to the inspectorate when it comes round for the zoo licence that they are actually engaging. Some of it is about outputs and publications. That does not necessarily have to mean peer-reviewed publications, but it is about communicating what they are doing to the wider public, contributing to organisations such as BIAZA, the European Association of Zoos and Aquaria, and wildlife trusts and so on in a meaningful way that demonstrates their engagement in conservation, rather than it just being a tick-box exercise. As you rightly say, that should be without saying, “No, no, no—you have to do this one very specific thing.” Hopefully, this will allow zoological collections—[Interruption.]

Q In the previous answer, which was interrupted, you mentioned getting the message out to the public. The public are more aware of the situation, both with welfare and conservation. Do you foresee a traffic-light system, like we have in health or education with Ofsted, to say that this is adequate or that is good? Is a green, amber and red of conservation and welfare being thought about going forward, so that the public can make a decision about what they are going to see and what is being done? I appreciate that the issue is important for those looking at the standards, but getting that message across to the wider public would also be very interesting.

Dr Girling: Yes, there are certainly many merits to traffic-light systems. I know that Jo and BIAZA have promoted a system similar to that, which will help the wider public understand conservation measures. We do not specifically address a traffic-light system within the conversation standards; we are trying to keep it to a series of “musts”, and then provide guidance on that.

An awful lot of very good conservation is done in zoos in the UK. However, no matter what is done, in a lot of cases we are not good at communicating about it to the wider public. Education is clearly one of the main planks of the zoo licensing system. Getting the message out there is a really important point: what are they doing, how are they doing it and what difference is it making? Is it having a measurable impact?

Q I have some quick-fire questions. I am intrigued, because breeding seems to be quite contentious, given some of the written evidence we have received and evidence we have heard today. I have some very technical questions. How effective are contraceptive methods—the Bill refers to “temporary contraceptive measures”—and how long is average gestation for a primate?

Dr Cronin: That varies; it depends on what species of primate you are talking about. For marmosets and tamarins, it can be anywhere from four months to six months, that kind of touch. The reproduction rate also needs to be considered. Marmosets and tamarins generally give birth to twins. It is sometimes triplets or even quadruplets, but the usual survival rate—in the wild, anyway—will be for twins.

The potential turnover of animals into the pet trade from breeders and dealers is high. As soon as infants are removed from a female who has given birth, she will immediately become receptive to the male and begin the process all over again, so you end up with females that are literally knackered from being used for breeding. It is quite tragic to see.

Q How effective are the contraceptive methods?

Dr Cronin: We vasectomise everybody we get in. That is far less invasive than a castration, or a hysterectomy for a woman. There are permanent methods, but there are also temporary methods that can be used, such as implants. Pretty much the same available forms of human contraception can be achieved in non-human primates.

Probably not 100% then, based on humans?

Dr Cronin: No, we have had birth control accidents at our park using implants, intrauterine contraceptive coils and the pill. That does happen. There are permanent ways, if you were simply a hobbyist who did not want to breed animals yet wanted to keep them in a social setting.

Q One contention is the concern about licensing individuals and the risk. You mentioned that one benefit is for breeding programmes, but others, including the British Veterinary Association, which provided written evidence, seem quite concerned about the risk in allowing that to continue. Do you think there is an issue around that? Finally, do you feel that the length of time for the licence, and how the Bill does not at the moment require an annual check with a vet—

Dr Cronin: Sorry, it is my understanding—perhaps I have misread or misremembered—that there were suggested annual check-ups by the local authority within that six-year framework.

With the local authority, but not with a vet.

Dr Cronin: I thought it was with a vet, or a specialist.

Every two years, not annually.

That is every two years, but for vets—hang on; let me find the right bit of the Bill.

Q So it is not annual. Would you prefer it to be annual? Is six years too long?

Dr Cronin: Being practical, that sounds untenable. The weight unloaded on local authorities has to be balanced. I am not sure that I see all this being dumped on the local authority on an annual basis. I think that every two years is acceptable. I would think that every six years is too long. I think that a fair medium has been struck.

Q Is six years too long for a licence to be granted?

Dr Cronin: For a licence? With interim checks, that probably is acceptable—these are rather long-lived animals —so long as those biannual checks occur and circumstances have not changed. Part of the evidence we supplied is that there should be an amendment to the Bill that if amendments to a licence are requested, such as an increase in numbers or species kept or a change or deviation, that would immediately obligate another local authority check before the licence was amended.

Previous witnesses this morning suggested that putting the burden of inspection on local authorities might create too great a burden. The example used was that perhaps a chap looking at the tandoori place in the morning would be inspecting this in the afternoon.

Dr Cronin: Correct.

Q However, I think you suggested that the new legislation would narrow the field of legitimate keepers to the point where there would be a very small number nationwide—perhaps 100 to 150. Which view do you subscribe to: will local authorities face too great a burden, or will the number be so small that it is a manageable burden? I realise that those things are not mutually exclusive.

Dr Cronin: Potentially, at the outset, it will be rather large. If all the individuals who currently keep primates in what I would call a bird cage or a parrot cage in their house step forward to register their animals, I suspect that what would happen would not be a whole lot different from what currently happens. We will see the effect of people not continuing to buy the animals as the legislation has duration, with the trade being limited and the grandfather clause.

The people who keep animals in bird cages in their sitting room may not be aware of the new legislation. Will they then step forward to announce, “I’ve got a marmoset in a bird cage in my sitting room” to the local authority? I suspect that will not happen. In the end, they will only be turned over by the friends and neighbours who report them. Then it will be up to the local authority, and that is sort of where we are right now.

I am sort of wondering whether the changes in law will actually have a dramatic effect on the animals being taken in or local authorities being overstretched. It is impossible to say how it will play out—you would need a crystal ball. However, I suspect that it will not be a radical change from where we are. My immediate hope is that the trade in selling these animals for commercial exploitation will stop; over time, I hope that all this will wind down, so that all we have left are primates being kept in reasonable conditions in facilities that are up to zoo standards throughout the country. That would be the goal and target for me.

Q That is incredibly helpful, thank you. As a follow-up, I wonder whether you could both reiterate whether you feel that private keepers, when properly regulated, can provide the same standard of welfare as a small zoo. I think you have been pretty clear on that, but I would like to reiterate that point.

Dr Judge: Yes, absolutely.

Dr Cronin: Yes, absolutely. I have witnessed it. It is rare that I turn down people’s request to rehome their primates if I am able to take them in. However, in some circumstances I have seen private individuals who keep their animals in extremely good conditions; that is why they have approached us—because either their circumstances are going to change or they are getting elderly, and before their health deteriorates they want to ensure the health and welfare of the monkeys they keep.

The individuals are so dedicated to those animals that, at that point, I have to say, “Look, we have to do frontline triage with marmosets in bird cages. Perhaps you should keep them. When the time comes, I assure you personally that I will look after your monkeys.” Inevitably, those dedicated keepers want their animals sorted and they want it right now. I have seen good, dedicated keepers.

Q So it is your view that the problem we are facing is people basically keeping monkeys in bird cages—not the good private keepers who maintain a high standard of welfare?

Dr Cronin: Correct, but those specialist keepers are very few and far between. My take-home thought for everybody here today is about the head of the snake: the unscrupulous breeders and dealers who do know how to keep the animals correctly and are capable of breeding them at a high rate, but who are simply churning them out in order to maximise their profits. That needs to stop now.

There is also a huge human toll that is not often discussed. Well-meaning members of the British public are being taken advantage of. A lot of the animals we rescue at Monkey World come to us from people who did not realise. Ignorance is no excuse but, at the same time, it is currently legal to buy a monkey over the internet or from a local pet shop. They are told it is just fine to take it home individually in a bird cage—