Last year, we spoke with U.K. lawyer Duncan McNair, founder of Save The Asian Elephants (STAE) and now leader of the Low-Welfare Act Coalition of 200 animal protection organizations and prominent individuals, about the urgent need to protect animals exploited in the global tourism industry (check out the Q&A here).
By then, the landmark Animals (Low-Welfare Activities Abroad) Act had already passed into law, banning U.K. travel companies from promoting or selling attractions abroad that involve cruelty to any vertebrate species, which becomes an offense in England and Northern Ireland.
Yet, nearly two years later, the law has still not been implemented by the British Government—despite overwhelming public and political support, and the backing of King Charles III.
We caught up again with McNair—who was recently named as the Law Society of England and Wales’ “Legal Hero of the Year 2024” for his work for elephants and other wildlife species—to explore what has changed since our last conversation, why the Government is stalling, and what must happen now for the Act to take effect.
Why hasn’t the Government implemented the Act, and what is its current status?
The Government has been persistently lobbied by powerful commercial travel groups and has been meeting with them. They have proved the greatest obstacle to real change for the animals, and the humans who lose their lives when tormented wild animals held in brutal captivity can take no more abuse and attack.
Nearly two years after the Act was passed, our present Government has taken no steps to implement it. The Environment Secretary Steve Reed, having made pledges of support for the Act before his party was elected to power, now seems intent on ignoring the law and is talking and writing about “industry-led, non-legislative action,” a move that would simply hand control back to the travel industry, whose failure of any effective action made the Act necessary in the first place.
What does the Government need to do to implement the Act?
Environment Secretary Steve Reed needs simply to lay a draft Statutory Instrument before Parliament, which lists the cruel activities committed on animals in tourism that the ban on advertising should cover. Until then, the law has no effect.
STAE sent such a list to Labour when in Opposition in early 2024 with detailed evidence of the cruelty involved. Despite discussions and numerous requests to act, the Government has taken no action — even after requesting the list and all the supporting evidence the Low-Welfare Act Coalition has provided to it 18 months ago.
How much public support has the Act received?
Public support for the Act has never faltered. It continues at an extremely high level. An independent survey of the British population was recently published. It was commissioned by Save The Asian Elephants and conducted by Electoral Calculus.
Some key survey findings:
– 88% of voters support the Act, of which two-thirds “strongly” support it
– 61% consider it a “high” or “very high” priority for government action
– 74% would feel “cross” if the Government did not carry out the ban. Only 4% say they would be “pleased”
– 78% are not confident that the Government is committed to ethical animal tourism and protecting endangered species
– 84% think that British tourists should be protected from unknowingly supporting animal cruelty
– 91% state that it is important for the Government to follow the laws passed by Parliament
The Low-Welfare Act Coalition recently met with the Department for Environment, Food, and Rural Affairs (Defra). What explanation did the Government give for delaying the Act’s implementation?
Defra repeatedly cited “complexities,” many arising from meetings with ABTA (Association of British Travel Agents) and several travel companies. Evidently, these are “issues” surrounding “eligibility” (meaning apparently which activities qualify under the Act) and “scope” (meaning, it seems, how many activities should be covered). Other issues supposedly include whether some activities can be done in a high-welfare way, if there’s a role for education, “unintended consequences,” and “trade considerations” pushed by the travel industry.
I stressed that all legislation requires clear wording, but this is no reason to stall implementing the entire Act. If some activities are deemed problematic, they need not delay the majority of being implemented.
Defra also said some travel companies are taking the situation seriously, while others continue to put profit before welfare. There was no indication of any pressure being applied by the Government to the travel industry.
What can our readers do to help make a difference?
Visit stae.org to sign our petition and send out ready-made email letters, follow and share our work on social media, and challenge travel agents and others selling unethical animal holidays (typically those selling direct contact with animals). STAE needs help of all sorts, including in the U.S. Contact us at [email protected] and 07852 416696.
Until the law is implemented, elephants, lions, dolphins, donkeys, and numerous other species will continue suffering in abusive tourist venues, while travelers will remain at risk of catastrophic injury and death. This is a law that, when enacted, throws a lifeline to numerous endangered and vulnerable species. Its measures can be readily adopted by any nation across the world that fosters a market in brutal and dangerous animal tourism. Please join us in urging the Government to act immediately to help end this extreme cruelty once and for all.
