On 14th December 2023, the UK government introduced new legislation regarding the keeping of primates as pets. This move was welcomed by the British Veterinary Association (BVA) and animal welfare organisations including the RSPCA, as there has long been concern over the welfare of these highly intelligent and social animals when kept in domestic settings. But what does this legislation actually cover, is it a complete ban? And where does that leave existing owners of pet primates in the UK?
Table of contents
Primates as pets
It is estimated that there are currently around 5000 primates kept as pets in the UK; despite the RSPCA describing them as not being good pets. These are thought to include marmosets, capuchins, squirrel monkeys and lemurs. These animals can be long lived, (often 20-40 years) and have very highly complex needs, both in terms of medical health as well as emotional and mental wellbeing. It is rarely possible to meet these needs in a domestic setting; especially as primates have a basic requirement for socialisation with other primates. Human interaction is no substitute for this.
Primates require specialist nutrition to prevent conditions such as metabolic bone disease (rickets). And specialist veterinary care is not always readily available. There are human health risks associated with the keeping of primates as pets too; many diseases of primates are zoonotic i.e. can be transferred to humans. Adequate space must be provided – not easily achieved in a domestic setting, especially when the need to live as part of a primate group is taken into account. And while these curious creatures may appear cute and fun, they can be highly aggressive despite their often small size; particularly if their behavioural needs are not being met.
Currently the following legislation applies to pet primates:
- The Animal Welfare Act 2006 – which makes it an offence to cause any unnecessary suffering and an offence to fail to provide for a kept animal’s welfare needs.
- The Code of Practice for the Welfare of Privately Kept Non-Human Primates – This code is not a law, however any breach of the code can be used as evidence in a prosecution brought under the Animal Welfare Act. The code also provides information on how to care for primates.
- The Dangerous Wild Animals Act 1976 – this only applies to certain species of primates.
Primates in zoos
This updated legislation does not apply to primates kept in zoo collections as these premises are already regulated under the Zoo Licensing Act 1981. Nor do primates used in a science/research setting where the Animals (Scientific Procedures) Act 1986 applies.
As a vet who has some experience of working with primates in a zoo setting, I have seen first-hand the extensive environment and incredible level of detail, knowledge and dedication that is required to care for primates in captivity. It is a constant challenge. And I struggle to see how even the most dedicated of pet owners could achieve this on the scale that is required in order to satisfy the social needs of these animals.
New legislation
Although the UK government billed this as new legislation in December 2023, saying it “delivers on promise to ban keeping of primates”, it is actually secondary legislation under the existing Animal Welfare Act 2006 and is not a ban at all. Rather it will introduce a “licensing scheme setting strict rules to ensure that only private keepers who can provide the highest welfare standards will be able to keep primates”. This licensing scheme is expected to come into force in 2026 and will apply only in England. Although it is hoped that similar policies will be enacted in the devolved nations too.
Licensing
Licences will be issued by a primate keeper’s local authority following inspection and will be valid for 3 years, with reinspection required before each licence renewal. Standards will cover the following aspects;
Nutrition
Adequate and species appropriate food and water provision, with vitamins and supplements where necessary.
Environment
Species appropriate habitat which provides opportunities for primates to interact with and exert control over their environment. Provision of adequate space for the species in question will be essential and may be one of the most difficult aspects for pet keepers to comply with. Temperature standards may be detailed as well as required enclosure structures to encourage natural behaviours such as climbing and swinging.
Veterinary care
Keepers may be required to be registered with a specialist veterinarian.
Behaviours
Good primate welfare can only be achieved where animals are able to express natural behaviours including social interaction, therefore enrichment activities and appropriate social groupings will be very important in meeting these new standards.
Breeding
Whilst breeding of pet primates will not be banned, a strong emphasis will be placed on the need for this to be as natural as possible, with hand rearing under exceptional circumstances only.
Handling and restraint
Appropriate handling is necessary to minimise stress in primates and ensure animal and human safety
Transportation
Currently governed by the Welfare of Animals (Transport) (England/Scotland/Wales) Order 2006(2006/2007 respectively).
Enforcement
According to the government, failure to comply with licensing could result in an unlimited fine or removal of the primate; but this is not actually as straightforward as it may sound! Established primate groups may not readily accept a single incomer and pet primates that have been kept alone for many years or even decades may struggle to adapt to new group environments.
Based on the consultation document that was issued ahead of this legislation, it seems that where a licence has not been obtained, local authorities will then inspect, supported by someone suitably qualified to assess primate welfare and keeping standards. The following action will then be taken:
- If possible, keepers will be advised on how they can comply with licensing. Reinspection will be arranged and where appropriate, a licence granted.
- Where compliance is not possible, for example where primates are being kept in very small premises, arrangements for removal of these animals would be made, subject to appropriate rehoming being available.
- Where appropriate rehoming is not possible, for example with elderly primates who may be caused more distress by rehoming attempts, individuals may remain in their current circumstances for the rest of their lives, subject to annual vet visits. This would only be possible if their basic needs could be met.
- Any animal that is not having its basic needs met and who is experiencing suffering that cannot be rectified, would be removed and all efforts made to rehome it.
Is it enough?
I think that depends on the exact details of the licensing standards and how strictly enforced they are. The BVA (British Veterinary Association) has urged the government to “work closely with veterinary and zoological organisations to get this right”. It certainly seems to be a step in the right direction so I’m hopeful that by working together and engaging positively with pet primate keepers the animal loving British public, we can make the most of this opportunity to improve pet primate welfare in the UK.
Discussion