Points of Order
Wednesday 23rd May 2018
(5 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text
Barry Gardiner (Brent North) (Lab)
On a point of order, Mr Speaker. You are a redoubtable champion of Members seeking to hold the Government to account. One of the things we sometimes resort to in doing that is the submission of freedom of information requests. On 20 July last year, I submitted a freedom of information request to the Department for International Trade, to which I have not yet had a response, nor indeed any acknowledgment, despite chasing it up in March and April. I submitted a separate FOI request on 14 March this year, which did receive a response, advising me that the Department would be unable to respond within 20 days but that a response would be forthcoming by 14 April at the latest. I have still had no such response, despite it now being May.
On 26 April this year, the Cabinet Office and the Office for National Statistics released the annual FOI statistics by Department. The Department for International Trade was the worst of all Departments, with 27% of requests either not being answered within the time limits or not answered at all. That failure prevents parliamentarians from properly scrutinising the Government’s trade policy at a time of intense public debate on these matters—something we have a duty to Parliament to do. I make no judgment of whether it is by intention or incompetence on the part of Ministers, but I seek your advice as to how we may redress the situation.
Mr Speaker
I am very grateful to the hon. Gentleman. I hope he will not take it amiss if I begin my response to him by saying that, although it is an attempted point of order, in a very real sense it appeared to me to resemble an intellectual dissertation, which of itself is no surprise to those of us familiar with the cerebral quality of the hon. Gentleman. I think it is important to distinguish between parliamentary proceedings on the one hand, in respect of which I may have some modest powers and capacity to assist Members, and freedom of information requests on the other, in relation to which I am literally powerless, as those are not matters for me. However, the hon. Gentleman has raised a concern, and it may well be shared by others. It is on the record, and I hope, consistent both with the letter of obligation to those who submit such requests and with its spirit, that full account will be taken of the situation the hon. Gentleman has painstakingly highlighted. If I may, I suggest we leave it there for today.
Mr Speaker
I will come to the hon. Gentleman, of course, but I call Andrew Bridgen.
Andrew Bridgen
On a point of order, Mr Speaker. Following last Wednesday’s difficult day, will you clarify a point of Chamber etiquette? Is it now acceptable in the Chamber to call a colleague a liar?
Mr Speaker
I am extremely grateful to the hon. Gentleman for his point of order. I would say to him very respectfully and courteously by way of reply that I made a statement on those matters in the Chamber. I think what I said at the time was very clear to people, and I do not feel the need to add to that statement. My position has been very explicit. I thank the hon. Gentleman for inviting me to dilate on the matter, but I do not intend to do so, and we shall leave it there. I am deeply obliged to him.
Mr Kenneth Clarke (Rushcliffe) (Con)
Further to that point of order, Mr Speaker. Do you agree that, if action were taken every time a Member of this House felt moved to say under his breath something rather abusive about another Member, the Chamber would be deserted for considerable lengths of time? Do you not agree that it is better to leave this to the body that is now investigating it and hope that some common sense will be applied to this rather overheated subject?
Mr Speaker
I thank the right hon. and learned Gentleman for what he has said, and Members will make their own assessment of it. I simply appreciate the fact that the right hon. and learned Gentleman says what he says on the strength, next month, of 48 years’ uninterrupted service in this House.
Mr Speaker
I am saving the hon. Gentleman up, as I often say. I do not want to squander him at too early a stage of our proceedings. I call Mr Martin Docherty-Hughes.
Martin Docherty-Hughes
On a point of order, Mr Speaker. Two hundred days have passed since my constituent Jagtar Singh Johal was held in India without charge, with accusations of torture and with trial by media. I am grateful to Ministers who have engaged with me so far in holding the Indian authorities to account. Nevertheless, I have now written to the Prime Minister twice, without formal response other than a holding response from their office. Will you assure me that all Ministers of State take their responsibilities seriously in responding fully to a constituency Member of the House of Commons on a critical matter involving a constituent—a UK citizen, and a true son of the Rock of Dumbarton—who has made accusations of torture against a close ally?
Mr Speaker
I hope that these matters are always treated with the utmost seriousness and that responses to parliamentary colleagues are both timely and substantive. I say to the hon. Gentleman, without fear of contradiction, that that notion of a timely and substantive response should apply both in relation to parliamentary answers to parliamentary questions and in relation to correspondence. I was not familiar with all the details of this matter, although the hon. Gentleman has apprised me of some of them, but it is of course important that these matters are addressed fully.
A moment ago, we heard from the Father of the House—perhaps I may respond on this point because it is quite an important one for all of us. A former Father of the House, Sir Gerald Kaufman, when he did not receive substantive replies to questions or letters, was given to tabling a written question on the matter, inquiring when he would receive a substantive reply. If I remember correctly, Sir Gerald was inclined to say that that was an extremely effective technique. I volunteer that advice gratis to the hon. Gentleman.
Simon Hoare
On a point of order, Mr Speaker. As you are probably aware, there have been problems with the wi-fi connection in the House for remote devices during the past few days, and the authorities have been reasonably good about keeping Members up to speed. May I invite you to provide the House from the Chair—today is a sitting day, but we are coming up to the recess—with both an update on progress and confirmation that those of us on recess next week will be able to access the intranet, our emails and parliamentary sites in the usual way, notwithstanding the problems?
Mr Speaker
I believe the Parliamentary Digital Service is attempting to keep Members updated on this matter. It would perhaps be rash of me to proffer any—[Interruption.] Well, it would certainly be rash of me to proffer any technical advice, as I have no expertise in that matter, as the hon. Member for Lichfield (Michael Fabricant) can perfectly well testify. It is probably unreasonable to think that I can offer any sort of oral statement on the matter tomorrow, which is the last day that we will sit before the Whitsun recess, but I think the Parliamentary Digital Service will seek to keep Members updated. On the back of what the hon. Member for North Dorset (Simon Hoare) has said, if there is a further way in which the House Service can help him and other right hon. and hon. Members, we shall do so.
Mr Speaker
However, this particular subject will not have been exhausted until we have heard the views on it of the right hon. Lady.
Anna Soubry
Further to that point of order, Mr Speaker. I am sorry not to have given you notice of this, but it flows so naturally from what was said by my right hon. Friend; sorry, by my hon. Friend.
Anna Soubry
No doubt in time.
Mr Speaker, it has come to my attention that some constituents are unable to email me. I believe this is a common problem from which all hon. Members are suffering. Obviously, we will not know because the emails do not even get into the spam filters. For some peculiar reason, which I will not trouble you with, I found out that one constituent—she had a very serious concern about a personal independence payment application being refused—had emailed me and included attachments, quite properly, with her email; I found out through another source that she had emailed me. Therefore, I could deal with her inquiry, but I would never have known about it if that other source had not contacted me.
I have contacted the parliamentary authority, PICT, on more occasions than I would care or want to remember, I have to say, to no avail. In short, the spam filters are set too high, and there are certain popular email addresses that simply do not get through even to the spam filters. It is a serious problem, and I simply do not know how we can resolve it. Can you help, Mr Speaker?
Mr Speaker
I rather fear that I am not able to help. I do not want to make too many declarations on the Floor of the House. Suffice it to say that I am not myself technologically sophisticated. I think I owe it to the right hon. Lady to disclose that candidly to her. I am not saying that I have not the slightest idea what she is talking about, but I am not closely familiar with the detail, and when it comes to this filter or that filter, it all seems very confusing to a simple chap like me.
I would say to the right hon. Lady that these are serious matters. PICT of course ceased to exist about three years ago, but the Parliamentary Digital Service—I think that is what she means—does try to assist. I think there are ways of dealing with this outside the Chamber, but knowing the right hon. Lady as I do, I feel sure that if she is not satisfied on this matter ere long, we will all be hearing more about it and I will doubtless be hearing more about it. [Interruption.] Indeed, the right hon. Lady will probably send me an email. It is always a pleasure to hear from her both in the Chamber and outside it, but in all seriousness, people are aware of this and I will try to ensure, as of now, that there is some progress and that Members are satisfied, because they should not be obstructed in the discharge of their parliamentary duties. I thank her for raising what she has raised.
It is a case of patience rewarded for the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil).
Angus Brendan MacNeil
On a point of order, Mr Speaker. That was excellent pronunciation, as ever. In the north-west of Scotland, fishing boats have been sold, processing jobs lost and exports lost because the Home Office will not provide visas for such work in Scotland or Northern Ireland. All of that is happening to keep the Home Office happy, essentially. We need seasonal workers from non-EEA countries urgently, otherwise we will only have European Union fishing boats around our waters. How can I best get this matter on the record and raise awareness of it? I seek your advice and guidance.
Mr Speaker
As the hon. Gentleman knows, he has achieved his objective with immediate effect. His words will have been heard on the Treasury Bench and will be recorded in the Official Report by the dedicated and expert staff of the House. He can therefore go about his business with an additional glint in his eye and spring in his step, which might otherwise have been lacking. If he feels that he has not exhausted his energies on this matter, he can of course seek a debate in the Chamber or in Westminster Hall. Who knows? The hon. Gentleman might be successful.
Bills Presented
Non-Domestic Rating (Nursery Grounds)
Presentation and First Reading (Standing Order No. 57)
Secretary James Brokenshire, supported by the Prime Minister, Mr David Lidington, Secretary Greg Clark, Secretary Michael Gove, Mel Stride and Rishi Sunak, presented a Bill to make provision for buildings used as nursery grounds to be exempt from non-domestic rates in England and Wales.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 214) with explanatory notes (Bill 214-EN).
Ivory
Presentation and First Reading (Standing Order No. 57)
Secretary Michael Gove, supported by the Prime Minister, Mr Chancellor of the Exchequer, Secretary Boris Johnson, Secretary Penny Mordaunt, Secretary Matt Hancock, Andrew Leadsom and Dr Thérèse Coffey, presented a Bill to prohibit dealing in ivory, and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 215) with explanatory notes (Bill 215-EN).
Ivory Bill
Monday 4th June 2018
(5 years, 10 months ago)
Commons ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts
Mr Speaker
I will, in a moment, call—hopefully in an atmosphere of calm and excited expectation of ministerial oratory—the Secretary of State for Environment, Food and Rural Affairs, upon whose every word I feel sure all Members present are hanging. They are in a state of some animation, but I know that they will wish to hear about the Ivory Bill and the reason it should be given a Second Reading as they listen to the Secretary of State.
The Secretary of State for Environment, Food and Rural Affairs (Michael Gove)
I beg to move, That the Bill be now read a Second time.
I well understand why so many Members were in the House to hear the application for a debate under Standing Order No. 24 made by the hon. Member for Walthamstow (Stella Creasy). I am sure that I speak for Members in all parts of the House in thanking her for giving us all an opportunity to discuss that important and urgent matter.
Nature, as we know, has the capacity to awe and to inspire, and there are few more awe-inspiring examples of nature than the African elephant. It is a remarkable, keystone species: an icon which, for many of us, sums up nature at its most impressive, transformational and powerful. It is an important species not just because of what it symbolises, and not just because of the economic impact of tourism on Africa, but because it is indeed a keystone species on which the health, biodiversity and resilience of Africa’s economy depends.
Henry Smith (Crawley) (Con)
My right hon. Friend is making a fantastic start to his speech. It is estimated that some 20,000 African elephants are being poached every year, the equivalent of about 55 a day. Does that not mean that it is important for us to pass the Bill as soon as possible?
Michael Gove
My hon. Friend has anticipated exactly the point that I wanted to make. It is critical that, in appreciating the importance of the African elephant, we also appreciate the scale of the threat that the species now faces. My hon. Friend is absolutely right: given that 20,000 African elephants are being slaughtered every year in a drive by poachers to secure their tusks for criminal gain, we face a remarkable onslaught against the species—an onslaught that is devastating communities and upending economies, and also poses an existential risk to the African elephant. Unless action is taken to interdict the poachers and reduce the demand for ivory, it is possible that, on our watch—on the watch of our generation—the African elephant will meet extinction. I think that, as was well said by my right hon. and noble Friend Lord Hague of Richmond, it would be impossible for any of us to face our children and grandchildren and say that we had the opportunity to take steps, legislative and otherwise, to safeguard this magnificent animal, and failed to act.
The Bill gives us in the United Kingdom an opportunity to play our part and to show leadership. We have been invited to show that leadership by the countries at the sharp end. More than 30 African nations have asked us, and others, to do what we can to stop the poaching, to end the trade in ivory, and to restore balance and health to their nations by supporting their efforts to ensure that the African elephant can survive in the future.
Michael Gove
I should be delighted to give way to my hon. Friend the Member for North Dorset (Simon Hoare).
Simon Hoare
I am grateful to the Secretary of State, whose Bill has my support. Will there be an opportunity, possibly in Committee, to consider including in its scope the Indian elephant, the rhinoceros and the narwhal whale?
Michael Gove
I thank my hon. Friend for his support. There will be an opportunity in Committee to consider whether the scope of the Bill is absolutely as it should be. A number of Members have previously indicated their interest in extending its scope to other forms of ivory, such as narwhal horns, and there will indeed be an opportunity to debate precisely that matter in Committee.
I am also happy to give way to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin).
Sir Oliver Letwin
I am grateful to the Secretary of State for giving way, but I was going to ask him the same question and he has given exactly the answer I hoped he would give.
Michael Gove
It is always a pleasure to be on the same page as my right hon. Friend. I am also happy to give way to the hon. Member for Wakefield (Mary Creagh).
Mary Creagh
I thank the right hon. Gentleman for giving way. I certainly welcome the introduction of this Bill, but would he care to comment on the actions of his friend President Trump, whose Administration in March lifted the US’s ban on importing body parts of elephants shot by trophy-hunters? Will the right hon. Gentleman take the opportunity now to condemn without reservation the reversal of that Obama-era regulation?
Michael Gove
I absolutely will, because it is incumbent on all of us across the globe to take action. The specific request from African nations could not be clearer, so it is incumbent on us in the United Kingdom, countries in the far east—which often constitute the biggest market for ivory—and also countries like the United States, which has a distinguished global leadership role, to take action; it is incumbent on all of us to play our part as well.
I think there is an appreciation across the House of the importance of the elephant as a species. I mentioned earlier that it is a keystone species: if it were not for the elephant we would not have the means by which we maintain balance in the savannahs and grasslands of Africa. That is in the nature of the role the elephant plays, by the way in which it feeds and—without wanting to go into too much detail in the House—the way in which it excretes. It is important that we make sure that the elephant survives, because without it savannah and grassland would not survive, and without it we would not have species like zebra or like antelope, and without them we would not have the magnificent predators—the charismatic megafauna, the lions and others which feed on those creatures. So by removing the elephant we would not just see one of the most iconic, beautiful and awe-inspiring species with which we share this planet disappear; we would also unloose upon Africa a cascade effect of environmental degradation and damage that I think none of us could possibly countenance.
Richard Benyon (Newbury) (Con)
My right hon. Friend is making a very important point about the pyramid of biodiversity that is protected when one protects the megafauna at the top, but does he agree that conservation of the elephant is essentially a human interface that we have to get right, and that organisations such as the Northern Rangelands Trust in Kenya have been extraordinarily successful in making sure that local people see the value of wildlife? We can assist in that through our role as an international mediator, although we are not a range state.
Michael Gove
My right hon. Friend, who played an immensely distinguished role as a Minister in the Department for Environment, Food and Rural Affairs in leading on the defence of biodiversity and support for wildlife, is absolutely right. As well as acknowledging the role that elephants play as an iconic species in their own right and as a keystone species in guaranteeing biodiversity, the successful co-existence of elephants alongside man is a sign of an effective and functioning nation in Africa which is on the right path for the future. It has been so encouraging that enlightened leadership across African nations recognises the vital importance of ensuring that man and the elephant can live alongside one another in appropriate harmony.
It is also the case, of course, that there are forces within African nations that can see in the ivory trade an opportunity to make money, to feed organised crime and to support terrorist and other activity, and it is precisely because ivory poaching and the illegal wildlife trade sustain organised crime and subsidise terror that it is in the interests of all of us who not only want to protect nature and biodiversity, but want to see human societies and other states flourish, to take action to stamp out this crime, and that is what this Bill seeks to do.
Richard Graham (Gloucester) (Con)
I welcome the Ivory Bill and the way in which the Secretary of State is putting forward the case for the elephant, but does he agree that one of the difficulties is that if we do things unilaterally they are unlikely to be as effective as if the whole world acts together? Therefore, if we look at the various measures that different parts of the world are taking, for instance the exemption for certain types of ivory from China or the different rules in different parts of Europe, we see that there is a real opportunity for a group like the G20 to harmonise the rules—which musical instruments are going to be exempted and so on—across the world.
Michael Gove
Yes, I absolutely take my hon. Friend’s point. It is important that we co-operate, and one of the things this country will be doing is hosting the illegal wildlife trade summit in October. My right hon. Friend the Foreign Secretary has already been working with other countries, including by visiting Argentina, as the leader of the G20, just two weeks ago, in order to ensure there is the maximum possible buy-in. I had the opportunity myself to talk to a variety of representatives of different nations at the United Nations just a couple of months ago in order to ensure there is that effective co-ordination.
However, there can sometimes be a tendency—I know my hon. Friend the Member for Gloucester (Richard Graham) would not succumb to this—to say, “We need to wait for others to act before we act ourselves.” In so doing, we fail sometimes to act with the urgency, and to show the degree of leadership, that will encourage others to follow. It is absolutely right to acknowledge the leadership shown by the Chinese Government and others in seeking to close their markets to ivory, but this is an opportunity, in this place and at this time, for our generation to show leadership as well. And the leadership we want to show is to specifically ensure that we reduce demand for ivory in this country and globally.
Jeremy Lefroy (Stafford) (Con)
I welcome this Bill and declare an interest as chair of the all-party group on Kenya. Does my right hon. Friend recognise that this is long overdue? In 1989, under the leadership of Dr Richard Leakey, President Moi burnt about 20 tonnes of tusks in order to draw the world’s attention to this pillage of the African elephant. It has gone on for far too long; the population in the Selous in Tanzania has gone down from 55,000 to 15,000 in a decade.
Michael Gove
I thank my hon. Friend for his campaigning in this area; few people know more about, or are more effective advocates on behalf of, Africa and other developing nations than my hon. Friend. He is absolutely right that African leaders have been showing leadership for a generation on this, and it is important that we do our bit now.
I want, too, to give a particular vote of thanks to those of my colleagues in this House and another place who have shown leadership on this issue. I have mentioned Lord Hague of Richmond; as Foreign Secretary he outlined the case for action, and indeed worked with the Duke of Cambridge in order to secure international support for action. It is also the case that my right hon. Friends the Members for North Shropshire (Mr Paterson) and for South Northamptonshire (Andrea Leadsom) when they were Secretaries of State in this Department laid the groundwork for the legislation we are now introducing. It is also the case that across this House, in every party, there have been campaigners who have consistently and relentlessly pressed the case for action and we would not be here without their endeavours. We also would not be in a position to introduce this legislation were it not for the fact that outstanding work has been done by a series of non-governmental organisations—WWF, Tusk Trust and others—and also, critically, without support from the public. When we launched a consultation on the need to take action, there were more than 70,000 responses. That is a clear indication of the extent to which the public want us to act, and the overwhelming majority of those responses were in favour of urgent action. We need urgent action because we know that the maintenance of a legal trade in ivory allows illegal activities to pass without effective countering.
Kerry McCarthy (Bristol East) (Lab)
The Secretary of State gave a long list of those he wants to praise for their involvement in this, but will he join me in praising the rangers who do the work on the ground trying to defend elephants, rhinos and other animals against poachers? It is estimated that over 100 rangers a year lose their lives in violence because of the work they do.
Michael Gove
The hon. Lady makes an important point: the bravery and determination of those who do this work is outstanding. In countries such as Gabon individuals risk their lives to save elephants and safeguard the animals they love in a country to which they are deeply attached, and as it goes in Gabon it goes in many others countries as well.
The hon. Lady’s intervention also gives me an opportunity to thank our own armed services. As the Defence Secretary pointed out, only last week we dispatched more trained military personnel to support the work of rangers on the ground. That capacity of a country like ours to work together and use our expertise alongside the commitment of those from African nations will help us turn the tide and beat back the poachers.
Michael Gove
With that, I am more than happy to give way to my right hon. Friend the Chairman of the Select Committee on Defence.
Dr Julian Lewis
Among the tens of thousands of people who responded to the consultation were my constituents, Susie Laan and Louise Ravula, who are part of a small but effective organisation called Two Million Tusks, representing the million elephants slaughtered in the past 100 years. They did some original research that showed that, in 72 auction houses covering 180 lots of ivory, 90% of the sales of those lots were unable to prove the provenance—in other words, the dating to pre-1947—of the ivory, which is a legal requirement for the sale of ivory at the moment. Does my right hon. Friend agree that that research proves that we need a pretty comprehensive ban if we cannot tell the date of the product being sold?
Michael Gove
My right hon. Friend makes the next important point in the chain of argument for legislation. Yes, we have restrictions at the moment, but they do not work. The existence of the current legal market allows illegally obtained ivory to pass as legally acceptable ivory or worked ivory for sale. In effect, that means that criminal organisations and those who are driven by the significant profits to be made by selling ivory into markets where there is a demand can use the weakness of the existing provision to pass illegal material off as legal. That is why we need to act.
The need to act, to be more precise and to change the burden of expectation is critical in the minds of all those who responded to the consultation and of those African and other leaders who are pressing action on us. They want to ensure that we take steps to communicate to the world that ivory should not be sold, trafficked or displayed in a way that encourages anyone to think that African elephant ivory is a good of ostentation that someone could derive pleasure from demonstrating their wealth by acquiring. The whole point about the trade in elephant tusks is that it is abhorrent and involves unspeakable cruelty, and every possible step needs to be taken to stop it.
Sir Roger Gale (North Thanet) (Con)
My right hon. Friend will perhaps know that there was a debate in Westminster Hall on the fur trade earlier this afternoon. During that debate, the point was made very clearly that one of the reasons why that vile trade should stop was that there was no need for it. Is that not also the case for ivory? There is no need for it.
Michael Gove
My hon. Friend makes absolutely the right point. There is no need for it. This trade has been driven by a belief that, as a result of goods being worked or fashioned in ivory, they have a merit or a capacity to confer on their owner some sort of status. That is completely inappropriate. I sense that there is a recognition across the House that we need to send a message through this legislation and that, through its effective operation, we can end that trade.
Liz Twist (Blaydon) (Lab)
Does the Secretary of State agree that it is important, particularly in the context of the online trade in ivory, to have strict enforcement provisions to ensure that we can follow up our good intentions with practical effects?
Michael Gove
I absolutely agree. The Bill is designed to ensure that we have appropriate ways of guaranteeing effective enforcement, including appropriate penalties. There will be civil and criminal penalties, if the Bill is passed, and those who break the law will face fines of up to £250,000 and criminal sanctions as well. That is only right if the deterrent effect is to be sufficient to ensure that people are not tempted to engage in the perpetuation of this evil trade.
One critical point that was made during the consultation was that, while those in the antiques and art markets are determined to do everything they can to close down the loopholes and to end the illegal trade that has contributed to poaching in Africa, there is an acknowledgement worldwide that there need to be some exemptions. Those exemptions must reflect decisions that have been made by past generations on the use of ivory and the way in which it has been deployed for artistic or cultural reasons in order to produce certain specific artefacts at specific times that have a particular value.
During the consultation, we looked specifically at exemptions for portrait miniatures. These are tiny but, in historical and cultural terms, hugely significant examples of fine portrait work from the 17th and 18th centuries, and they are valuable not because they are painted on ivory but because they are examples of exquisite artistic endeavour. Similarly, we except that there may be a range of items, including furniture, that are of genuine aesthetic merit and of which ivory forms only a small component. We propose to exempt items with a de minimis content of ivory, which no one is buying and selling because of the ivory but of which the ivory is an integral part.
Another exemption that we propose to introduce is for musical instruments. In the past, pianos, bagpipes and other musical instruments including violins required a proportion of their overall composition be ivory. There are now replacements available, so we no longer need to use ivory in any of those instruments, but will continue to respect the needs of the musical sector to have access to—and to be able to sell and buy—historically significant musical instruments from the past.
John Mann (Bassetlaw) (Lab)
Would the Secretary of State accept that his commentary ought to be slightly amended, because we do not all recognise that historic ivory should be kept? Some of us think that this is an excuse for a continuation of the trade and that it creates loopholes and opportunities for those who wish to poach to masquerade their products as historic ivory. In fact, a bit like collections of shrunken heads, certain things were done by past generations, but in today’s more enlightened world, we do not need to keep those things. Some of us would rather see all ivory banned.
Michael Gove
The hon. Gentleman makes a powerful point and he is absolutely right. This is one of the reasons why we are introducing this legislation. There are occasions on which people attempt to pass off as works of artistic or cultural significance items that do not have that significance. They attempt to exploit a loophole and create an excuse or an opportunity to carry on this wicked trade. That is why the exemptions are so tightly drawn, and it is also why the onus is on any individual who wishes to sell an item to prove that it meets the stringent criteria. That switch changes the obligation and places it on the seller.
In the past, it was possible for someone to say—perhaps not genuinely—that they had no idea, and that they thought the item in question was artistically worked and of appropriate provenance and an appropriate age. They could say, “I had no idea. I am terribly sorry.” Those loopholes, excuses and opportunities will end with this legislation, because individuals will have to pay in order to demonstrate that the item they wish to sell meets one of the criteria. This will be a matter that we can debate in Committee, and of course we are now living in more enlightened times, but I believe that some items fashioned in ivory reflect the historical, cultural or artistic importance of a particular period or artistic movement and that we need to respect that, using a clearly high threshold.
I have mentioned that there will be exemptions for portrait miniatures, for musical instruments and for items such as furniture of which ivory forms only a small part. There is one other area. If an item is of truly outstanding historical or cultural significance, and if, for example, a museum wishes to ensure that an item of such significance can be bought and appropriately displayed, that will still be possible if the appropriate steps are recognised and met.
Simon Hoare
I fear that I may be talking myself on to the Bill Committee, but my right hon. Friend has just used the phrase “outstanding historical”. Clause 2, which—I hope he will accept that I make these remarks in good faith—needs some further work and clarity, refers to “outstanding artistic etc value” and puts a huge amount of weight on the Secretary of State in appointing advisers and issuing guidance. The country would breathe easy with my right hon. Friend taking those decisions, but “outstanding artistic” is a broad definition that means all things to all men—beauty is in the eye of the beholder. Will my right hon. Friend commit to thinking in Committee about how the wording can be clarified to give certainty to those with an interest in this area?
Michael Gove
I absolutely take that point on board. We want to ensure that individuals with sufficient expertise from organisations such as the Victoria and Albert Museum are in a position to provide a guarantee of the provenance and significance of the work. It is in no way our intention simply to say that something should be exempt either because of its apparent antiquity or because someone happens to consider it to be of aesthetic merit; we want to ensure that an academically rigorous process is undertaken to ensure that an item’s provenance can be guaranteed and that its aesthetic merit and its dating can be put beyond doubt.
Mary Creagh
Will the Secretary of State comment on the National Wildlife Crime Unit, which is key to tackling the illegal trade in wildlife and wildlife body parts? It is funded by DEFRA and the Home Office to the tune of £136,000 each a year—a paltry £272,000 a year in total. Will the unit’s funding be increased given the potential for free trade deals—if and when Brexit happens—and the danger that the UK could become a back door for body parts from third countries under the guise of free trade?
Michael Gove
It is no part of this Government’s intention—I hope that this will be the same for any future Government—to use any trade deals to erode or undermine appropriate protections for animal welfare and environmental standards. I cannot see how any Government would want to weaken the protections that we intend to place on the statute book through this legislation to end this abhorrent trade.
The hon. Lady rightly pays tribute to the work of the NWCU, and in the run-up to the illegal wildlife trade summit this October we will be looking not just to ensure that we can continue to staff the unit and support the officers who work in this field adequately, but to ensure that we go even further. As several Members have already acknowledged, this legislation, important as it will be, is not enough in itself to ensure that we can effectively counter the poachers and to ensure that the precipitous decline in elephant numbers is at last halted and reversed. The global leadership that I hope other nations will join us in showing at the October summit is critical to maintaining momentum in dealing with this trade. The commitment of not just our armed services, but the rangers referred to by the hon. Member for Bristol East (Kerry McCarthy) and others is also critical. It is also important that we continue generously and effectively to fund international development work in African nations to ensure that people can move towards a sustainable economic future so that the temptation that some may have to connive with or work alongside poachers is removed as well.
In contemplating our ambition to ensure that the African elephant survives and that Africa flourishes, it is critical to recognise that the legislation is not enough on its own. However, without this legislation, we will fail to provide the required leadership on the global stage, we will fail to play our part in ensuring that we close down this wicked trade, and we will fail to acknowledge that the United Kingdom has had its position as a global hub for trade and a centre of excellence in the arts and antiques market used and abused in the past by those who want to continue criminal activity. The responsibility to legislate, with appropriate considerations for exemptions and enforcement, but at pace and with determination, falls on theHouse at this time, which is why I commend the Bill to the House.
Sue Hayman (Workington) (Lab)
This action to tackle the international trade in ivory is welcome, if not long overdue. As I have already confirmed to the Secretary of State, the Opposition will not oppose this Bill, but we will seek to improve it in Committee. Labour’s 2017 manifesto pledged an outright ban on the ivory trade, which was reaffirmed in our recently published animal welfare plan. There now exists widespread cross-party recognition that a comprehensive ban on the sale of ivory is needed. As we have heard, despite a ban on the sale of new ivory having been in place for over 40 years, the decline in elephant populations demonstrates that the ban has simply not stopped the illegal trade.
The illegal wildlife trade has grown rapidly in recent years, and is now estimated to be the fourth largest transnational illegal trade, worth around £15 billion a year. The illegal wildlife trade drives corruption and has also been linked to other forms of organised crime, such as arms trading, human trafficking and drugs. It is shocking that the number of elephants in the wild has declined by almost a third in the past decade, with about 20,000 a year being slaughtered—an average of around 55 a day.
While Britain is not a country of highest concern in our contribution to the global illegal ivory trade, there is evidence that the UK legal ivory trade is being used to launder illegal ivory, which is then legally and illegally shipped to Asian countries. While ivory sales have declined since 2004, a 2016 survey by TRAFFIC, the wildlife trade monitoring network, found that the UK was still a net exporter of ivory, and there was also some discrepancy in the numbers. The UK reported that only 17 raw tusks were exported to other countries, but importing countries reported that 109 tusks had arrived from the UK. TRAFFIC also found that UK ivory traders were often unclear about the laws around the legal ivory trade.
Our priority must be to protect elephants and all the other endangered species, as mentioned by the hon. Member for North Dorset (Simon Hoare), that are hunted for their ivory in Africa and Asia. We have all seen pictures of devastated elephant carcases left strewn around, often with a young calf left by its mother’s body, mourning her loss. Such pitiful scenes remind us just what is at stake and why this Bill is so vital. We must send a clear message at home and internationally that the only ivory that we will value is on a live elephant in the wild. A more comprehensive ban on ivory, building on China’s decision at the end of 2017 to close its domestic ivory market, is a step towards giving the UK greater credibility in seeking to persuade other countries in Asia with a history of ivory trade—Thailand, Vietnam, Japan, Laos and Myanmar—to commit to closing their domestic ivory markets. I will be grateful if the Secretary of State can confirm today what action he is taking in that regard.
As well as the wide support for the ban from charities and politicians, the public also feel passionately about this ban. The Secretary of State mentioned that there were more than 70,000 responses to the Government’s consultation, making it one of the largest consultation responses ever seen by DEFRA. There is now broad consensus that the legal domestic ivory markets contribute to illegal poaching in two main ways: by fuelling the demand for ivory and by providing a hiding place for illegal modern ivory to be laundered through the legal market. However, despite the broad consensus in favour of a ban on ivory sales, there is also agreement, including from the WWF, that we need the exemptions that the Secretary of State outlined.
There will be an opportunity to debate some of the finer points of the Bill in Committee, but today I will touch on some key questions. We have heard about enforcement, and it is important that the Bill is properly enforced through adequate resourcing. It must be clear that there will be oversight and penalties, including imprisonment as well as heavy fines.
In response to my hon. Friend the Member for Blaydon (Liz Twist), the Secretary of State said that he would look to strengthen and resource specialised enforcement to combat illegal ivory dealing, particularly on the internet, and I would be grateful if he could elaborate further on exactly how he sees that being funded and resourced.
We also need further clarity on several of the definitions in the Bill’s list of exemptions. We have already heard about how we need clarity on what “museum quality” means in respect to musical instruments, art and portrait miniatures. There will undoubtedly be further questions on the de minimis rule, as well as on how we will close any loopholes through which the system can potentially be abused, such as by using the proposed replacement certificates.
Can the Secretary of State clarify whether he plans to issue any new sentencing guidance along with this new legislation? It is important that the judiciary have the right level of information and training to issue the appropriate sentences, which will then act as an effective deterrent.
The need for international co-operation on ending the ivory trade cannot be overstated, and the Secretary of State has talked about some of that work. The Opposition look forward to hearing more detail on the Government’s specific role and on the action they will be taking.
John Mann
As the leader of the Labour party has offered the Elgin marbles back to Greece, will my hon. Friend give a commitment that, if the countries from which any ivory in a British museum was originally extracted would like that ivory back—even if the purpose is to destroy such ivory—the next Labour Government will give back those ivory objects?
Sue Hayman
I thank my hon. Friend for his interesting contribution. I am more than happy to discuss that with the Leader of the Opposition.
Labour has always been the party of animal welfare, from banning foxhunting and fur farms in the UK to introducing our landmark Animal Welfare Act 2006. Our 50-point animal welfare plan, unveiled earlier this year, offers a comprehensive and ambitious set of proposals for advancing animal welfare standards, based on the latest science and understanding. Animal welfare policy must be taken seriously, must be comprehensive and must never be based on just a campaign of the month. As hon. Members will know, the Conservative party made promises to ban the ivory trade in its 2010 and 2015 manifestos. After it failed to act, the pledge was then quietly dropped from its 2017 manifesto. I am proud that Labour’s last manifesto called for a ban on ivory sales, and I am pleased that the Government have finally chosen to follow suit.
Kerry McCarthy
I very much welcome the Bill. Does my hon. Friend share my surprise that the Government have managed to introduce this 40-page Bill in a very busy parliamentary timetable but still have not found time to finalise legislation to ban wild animals in circuses? This week we have seen Slovakia become the latest country to introduce such a ban. The Wild Animals in Circuses Bill has been through prelegislative scrutiny, and it has been kicking around for years. It is a very short Bill. Why cannot we pass it now?
Sue Hayman
I agree wholeheartedly with my hon. Friend. I would be pleased if the Secretary of State could announce when the Government will be banning wild animals in circuses. I am a sponsor of the Wild Animals in Circuses Bill, promoted by the hon. Member for Copeland (Trudy Harrison), and it would be extremely helpful if the Secretary of State could bring it forward.
I reiterate my assurance that Labour will support the Ivory Bill on Second Reading, and I hope that both the Government and the House will give careful consideration to how we can strengthen the Bill both in Committee and at subsequent stages.
Mr Owen Paterson (North Shropshire) (Con)
It is a great pleasure to follow the shadow Secretary of State, the hon. Member for Workington (Sue Hayman), who has stated the Opposition’s support for the Bill. My hearty congratulations go to the real Secretary of State for introducing it.
We lose an elephant every 25 minutes, which is 20,000 elephants a year—we should all remember that incredibly simple fact. During this debate we have already lost two elephants. It is estimated that 100 years ago there was an elephant population of about 10 million, and the decline has accelerated. The great elephant census, published in August 2016, found that only 352,000 savanna elephants were left across the 18 countries surveyed—a 70% crash in numbers since 1979, when the total population stood at 1.3 million.
Encouraged by my then junior Minister, my right hon. Friend the Member for Newbury (Richard Benyon), and Charlie Mayhew, the chief executive of Tusk, I went to Lewa when I was Secretary of State for Environment, Food and Rural Affairs. Lewa is a brilliant example of how local landowners have created conservancies where the management of wildlife is jointly organised by local communities. The rangers, whom the hon. Member for Bristol East (Kerry McCarthy) mentioned, are all working together, and the local community sees real value in the wildlife. As a result, poaching has been reduced in Kenya in the past couple of years. Lewa is a brilliant example of how, if a local community can see the value of wildlife, it will participate in its long-term regeneration.
A couple of years ago I went to the Kruger national park in South Africa. Whereas in Kenya there was a chronic lack of equipment, in South Africa there was a major general with 35 years’ experience in the South African army who had aeroplanes, helicopters and 700 brilliantly equipped rangers, but they lost four rhinos the weekend I was there. The poachers in the Kruger will move on to the wonderful, huge elephants once they have gone through the rhinos, and the reason is money. Northern Mozambique is miserably poor, and if a person can get one rhino horn out of the Kruger it will keep their community going and they will be a folk hero in their little town.
I have seen two contrasting sides to this issue. There is a big demand for this product, mainly from the far east, and the obvious answer is to grow more. I have thought about this, and that answer is simply not practical. We will never produce enough elephants or rhinos to satisfy the colossal demand. The only answer is to do what this Bill does, which is to sever the demand.
I returned from my trips and met the then Foreign Secretary, my right hon. Friend Lord Hague of Richmond, and we sat down and organised what became the largest world wildlife conference anywhere. We had great help from my right hon. Friend the Member for Putney (Justine Greening), the then Secretary of State for International Development, who has sadly left the Chamber. She completely got my point about conservancies and bringing in the local communities.
Over 40 countries participated at the conference. Sadly I could not participate because I had an emergency eye operation, but the conclusion of the conference was exactly what we wanted: recognition that the illegal wildlife trade and the poaching that feeds it have, in some places, reached unprecedented levels. In response to the crisis, the London conference
“aimed to reverse recent trends of increasing illegal wildlife trade through measures to eradicate the market…ensure effective legal frameworks and deterrents, strengthen enforcement, and support sustainable livelihoods and economic development.”
Also from the conference came the Elephant Protection Initiative, set up by five African countries, and only today I got an email with the latest update—that 18 African countries have now participated in the initiative.
That was all good, and we were world leaders at the time. Other countries then got ahead of us. President Obama and President Xi Jinping of China announced that they would introduce complete bans, and America did so in June 2016, with pretty tough exemptions. China, I think remarkably—this is a real credit to the Chinese Government—took decisions that have closed down whole factories. At the time, a Chinese Minister told me that 34 designated factories would shut and that China intended to shut down its whole ivory trade and manufacturing process by the end of 2017. In 2016 the French also brought in a near complete ban, with tight provisions on trade. We made the right announcements, but we did not actually take action. Meanwhile, those bans have had a significant impact on the value of ivory. It was about $2,000 a kilogram, and it is now about $700 a kilogram.
Our party promised a complete ban in our 2010 manifesto and, in effect, a ban in our 2015 manifesto. Lord Hague and I had not given up at that point, and we worked with non-governmental organisations such as Stop Ivory, Tusk and the Born Free Foundation. I also held meetings with representatives of the antiques trade; the chairman of the British Art Market Federation, Anthony Browne; the chief executive officer of the Association of Art & Antiques dealers, Rebecca Davies; and the secretary-general of the British Antique Dealers’ Association, Mark Dodgson. We came up with a text that they would have been happy to put in our manifesto, which reads as follows:
“As hosts of the 2014 London Conference and the upcoming 2018 London Illegal Wildlife Trade Conference, we will continue to lead the world in stopping the trade in illegal wildlife products, which is responsible for the poaching that kills thousands of elephants, rhinos, tigers and other species, negatively impacting livelihoods and security. In response to overwhelming international opinion, expressed at both the CITES and IUCN meetings held in 2016, we will proceed with our commitment to introduce tighter legislation to close the domestic ivory market with appropriate exemptions covering objects of artistic, cultural and historical significance. We will further commit to support the range states of species impacted by illegal wildlife trade, in particular for elephants, rhinos and tigers and will continue to oppose any call for resumption in trade of products from these species.”
When we see the number of people who have signed the petition and who have reacted, we see that had that been in our manifesto, the result of the election a year ago might have been different. It is a great pity that that was omitted from our manifesto. I really believe that what the Secretary of State has brought forward today does honour that jointly agreed statement, and it should encourage a speedy passage for this Bill.
Let me give a crude summary of where I think the antiques trade is at the moment. I think it admits that the Bill, as drafted, is tighter than it would like, but it can live with it. Anthony Browne has written to me, saying:
“Our primary concern now is that the Government’s exemptions should not be made more restrictive by amendment during the bill’s passage through Parliament.”
That is a very helpful statement from the antiques trade. As was said by my right hon. Friend the Member for New Forest East (Dr Lewis), who has sadly now left his seat, the Two Million Tusks report discovered that only 1.49% of lots for sale in auction houses contained ivory. Given that the total antiques market is worth about £9.2 billion, we see that we are talking about a round of drinks and the trade can probably manage without that business, although this should not be tightened up further.
I am fully aware that other Members are keen to speak, but I wish briefly to mention a few amendments that the Secretary of State might like to consider in Committee. It is obvious that exports, especially those to the world’s largest illegal ivory markets, are our most direct contribution to the global trade in poached ivory. An approximate analysis of the impact of the ban as proposed in the Bill is that about 25% of currently traded ivory items will fall under the exemptions. The UK exported about 35,000 ivory items to Asia from 2010 to 2015, which means that even with the exemptions in place, exports would still have totalled more than 8,000 items. That would mean the UK would still have been among the highest exporters of antique ivory in the world, even on the basis of the proposed ban.
The overriding concern is that the sale of such important items to markets in Asia fuels ivory’s desirability in the minds of consumers. Most people will of course not be able to afford to buy the rarest and most important items that this exemption is to cover, but seeing those pieces being acquired by people in their country will reinforce ivory as a luxury commodity that people wish to own, fuelling desire for items that are affordable, many of which are likely to be fakes from newly poached ivory. The exemptions in the Bill must therefore be incredibly rigorously defined and enforced.
As a start, I wonder whether the Secretary of State would consider having an annual register of how many items exemptions have been issued for under the historical, artistic and cultural definition each year, with a full description and pictures of each item. Such an annual register would be publicly available, and it would demonstrate the commitment that this exemption is for the rarest and most important items only and would allow public scrutiny.
Let me make a few brief suggestions as to how to improve the Bill. Clause 3(1) would be greatly improved if it were to specify documentary evidence to support the application and establish the legality of the ivory item, including age and provenance, as well as proof of identity and the owner’s address. Documentation will not always be available, but the lack of documentation would be a factor in the assessment. This applies in particular to online sales and exports. I would be very grateful if the Minister could provide a little more detail on how he thinks these regulations will apply to online sales, where we know flagrant cheating takes place. The declaration provided for in clause 3(1)(d) should include confirmation that the dealing complies with the convention on international trade in endangered species, or CITES, and the Control of Trade in Endangered Species Regulations, or COTES.
The exemption certificate specified in clause 4(1) should also include the name of the owner, given the reference to an exemption certificate being issued to a “different person”. In general, a new owner of an item subject to an exemption certificate should be required to register their ownership, whether on a prohibited dealing or not, so that a record of ownership is maintained. That will help the register. On clause 4(5), more safeguards are needed on issuing replacement certificates. An item could have several replacement certificates, which could be used to sell items illegally. Under clause 4(5)(b), how could someone legally acquire an item but not obtain the certificate? Careful attention to the numbering system might resolve that issue. On clause 6, we need a clarification of what a “portrait miniature” is—we need a definition.
Importantly, on clause 9(5), the exemption does not apply to items that consist “only of unworked ivory” and therefore excludes tusks. I understand that that is the opposite of what was intended. This is the only reference in the Bill to unworked ivory, and specifying it in this provision calls into question what is meant in the rest of the Bill. Those words should therefore be removed.
The defence of ignorance in clause 12 is a real concern, particularly as it is well known that that the illegal trade is fuelled by unscrupulous traders marketing ivory as a bone or as ivory sourced from other species, such as a mammoth. There should therefore be a basic sanction based on strict liability.
The Secretary of State should also be able to include other ivory-bearing species not listed in the CITES appendices in clause 35(3). As the Born Free Foundation has indicated, there has been an increase in the purchasing of hippo and other non-elephant ivory in the UK to replace elephant ivory in the internal trade. The BFF infers that the legal and illegal trades are targeting these other species, as the Government’s focus is on elephant ivory. Given that the total number of hippo in Africa is only about 25% of the figure for the elephant population, a ban must be careful to ensure that it does not unintentionally place these species under yet more pressure. It would therefore be sensible to specify hippos in the Bill now, rather than to have the delay of putting through a statutory instrument later.
Kerry McCarthy
I agree with the right hon. Gentleman about extending this provision to other species. Subspecies of hippo, warthogs, walruses and whales are all in the CITES appendix of endangered species, so the approach being taken does not seem to make sense. We know that this will be the only time we have an Ivory Bill before this House for many years to come, so if we are going to try to protect those species, it makes sense for us to do it now, in this Bill.
Mr Paterson
I am grateful to the hon. Lady for her support and I totally agree: if we have the option to put this in, which the clause gives us, we should just get it in the Bill. We know that there will quickly be a diversion to hippos if we do not provide for that.
I am fully aware that others want to speak, so I come to my last point, which is about enforcement. I had interesting negotiations with our current Prime Minister when she was Home Secretary about funding the national wildlife crime unit, and I am pleased to say that that funding is to run until 2020. We would like a strong, firm reassurance from the Minister that this legislation will need enforcing and will need the right level of expertise. The wildlife unit is absolutely brilliant; it is located just south of the river, in a strange suburb where there is a large, redundant Russian tank. For those who cannot find it, I should say that it is painted in party colours. I recommend going to see the NWCU, however, as it does fine work. We need clarity that it will be beefed up and properly resourced for the future. On the same grounds, the CITES Border Force team at Heathrow needs sufficient levels of manpower and resources, as they will be our frontine of defence against illegal imports and organised criminal activity coming into the UK.
The London illegal wildlife trade conference is back on 10 and 11 October. With this Bill, we have a wonderful opportunity to regain our leadership on this issue. How quickly can the Secretary of State get this Bill, which we all support, through its parliamentary process and on the statute book? I will support the Bill this evening.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
The Scottish National party welcomes the fact that robust measures to help to protect elephant populations for future generations are one step closer to becoming law and being realised. Today is a good day in Parliament, for this is the right thing to do and we are getting on with achieving it together.
I am pleased that work on the Bill has included widespread consultation with experts, including the environmental groups and charities that see the desperate plight of the decline in elephant populations and the carnage of poaching. They have worked so very hard, and I pay tribute to the International Fund for Animal Welfare, Stop Ivory, the Born Free Foundation and Tusk, to name just a few. The general public overwhelmingly support a ban on ivory, guiding Parliament, as they always do. We must be mindful that we are simply the representatives of the people’s voice. With the 70,000 responses to the consultation, the people have spoken, and we must listen.
Musicians and representatives of the antiques trade have contributed to the process, stating that the preservation of ancient ivory is important, but fundamentally ivory belongs to elephants and rhinos—to nature, not to mankind.
Dr Cameron
I thank the hon. Gentleman for that intervention. I am well aware that he is keen to destroy our ancient bagpipes, or perhaps to send them back to Scotland, where they belong. [Laughter.] That is certainly an issue for the Scottish Government and they will take it forward.
The cross-party support for the Bill is absolutely astronomical. People often ask whether we spend all day in this Parliament arguing just for the sake of it. I have to remind them that some of the very best work, which is often not reported on—the majority of our best work—is completed with cross-party agreement. The Bill is a perfect example of that. It forms part of our party’s manifesto commitments and also my personal pledge to my local constituency in 2017.
I wish to touch briefly on several issues that will require further consideration in Committee. The wording “rarest and most important” appears to have been altered to “rarity”. There is concern that the test may have been toned down. We hope that the wording will remain as strong as possible. Guidance is required alongside the Bill to ensure that adequate safeguards are in place for its implementation. An annually published register would assist, to determine how many items have been issued each year with exemptions and to ensure the veracity of this crucial legislation moving forward. Safeguards are needed for the issuing of exemption certificates, as they could be replicated to sell illegal items.
Also, we need assurances that the assessor will be employed by the institution doing the assessment rather than appointed, so that they have no conflict of interest in commercial trade. A definition of portrait miniatures is needed. New legislation must be enforceable, and it is important that there is permanent funding for the national wildlife crime unit so that that can be in absolutely no doubt. Finally, sentencing guidance will need to be timeous to ensure that those who seek to ignore this critical legislation and who engage in such atrocities against nature are punished severely from the get-go.
When I was in Kenya with the International Development Committee, I had the privilege of visiting Nairobi national park and the Sheldrick elephant orphanage, where I spent time with the valiant rangers who protect baby elephants whose mothers have been killed. They were tiny little elephants that came up to my waist—and unfortunately I have quite short legs, so the House can imagine how tiny those little elephants were. They needed nurture to survive, but had been taken from their mothers and their natural environment, ravaged by the greed and destruction of mankind. I pay tribute to those involved in the vital work to rehabilitate those elephants and get them back into the wild.
The SNP will support the Bill in Committee and at its subsequent stages. Today, we turn a corner, working together for a future in which elephants survive and continue to stride proudly across the savannahs of our natural world, for future generations.
Neil Parish (Tiverton and Honiton) (Con)
It is a great pleasure to follow the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who made the point that the Bill has cross-party support. I welcome the fact that the Secretary of State has taken the bull by the horns—perhaps that is the wrong analogy to use in this instance—and very much taken on board the ban on ivory sales. He is driving it forward in his characteristically forceful way. I urge him to go even further, because it is the international ivory trade that matters. It is great that the Chinese are introducing a ban, but we need many Asian countries to stop buying ivory, because if there is no value in ivory, people will not risk their lives to deliver it around the world. We are setting a great example.
I pay tribute to my right hon. Friend the Member for North Shropshire (Mr Paterson) who did a lot of very good work when he was Secretary of State. In his characteristic way, he was a hands-on Secretary of State and went right to the heart of Africa to see what was happening.
As we sit in the House today, we do not realise the dangers faced by the rangers. As the hon. Member for Bristol East (Kerry McCarthy) said, they risk their lives, day in, day out, to try to protect elephants. In many African states, the political and military situation is difficult, and in many places wars are going on, so there is added danger for rangers trying to protect elephants. Through everything that we do, including international aid, we need to try to make sure that we can deliver a better life for so many people in Africa so that they do not go out poaching and can find other ways to make a living. That way, the rangers will not have to risk their lives, day in, day out, to try to protect elephants.
We cannot keep losing more than 20,000 elephants a year. They will be extinct, if not in our generation, certainly in the next. We cannot allow that to happen, so this ban on the sale of ivory in this country is a good step in the right direction. I know that those in the antiques trade are worried, but the problem is that it has been so difficult to identify what is antique ivory and what is not, so a ban on the sale of virtually all kinds of ivory is the best way forward. If we can stamp out the demand, we will drive down the value, which will save many elephants throughout Africa.
I very much welcome what the Secretary of State is doing and know that he will raise this issue internationally and in all his discussions around the world. We do not want to see America rolling back its position and allowing more ivory into America, because that would increase the demand. With the market in China now drying up, we really have the chance to save many more elephants in Africa.
When the ban on the sale of ivory is introduced, will the Secretary of State make sure that it is vigorously enforced? It is no good introducing legislation unless we can enforce it vigorously. Can we also make sure that the penalties for those who wilfully ignore the ban are proper deterrents? Again, it is no good introducing legislation if there are no real teeth to make sure that people adhere to it. We want to be certain that we are not going to trade ivory in this country.
We can bring about a huge reduction in the number of elephants that are slaughtered throughout the continent of Africa. Earlier, Members questioned whether we needed to protect the Indian elephant. Indeed, there are also other species of animals with ivory that we may need to protect as we go forward. If anybody can get a measure through this House quickly, I believe that it is you, Secretary of State. With the support of the shadow Secretary of State and of Parliament, I believe that we can do this. There are times when Parliament robustly debates matters. There are times, dare I say it, that Prime Minister’s questions resembles something of a bear garden. However, there are times such this when we can all unite. This Bill is long overdue. Many of us have been campaigning in this House for a ban. I very much welcome what you are doing, Secretary of State, and I am sure that it will have complete cross-party support tonight. I urge you to work even faster—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I just cannot let the hon. Gentleman get away with this. It was alright the first time. Then I tried not to listen the second time. But then he referred to the Secretary of State as “you” for the third time. I simply would not be carrying out my duty if I did not stop him and ask him to please address the Chamber through the Chair. Just call the Secretary of State “he” or “Secretary of State”, or “the right hon. Gentleman”, or something other than “you”—please.
Neil Parish
I apologise, Madam Deputy Speaker. I did not intend to offend anybody. I will just say to the Secretary of State that you will—[Interruption.] The Secretary of State will get on with the job and deliver this Bill as quickly as possible, with the help of cross-party support.
John Mann (Bassetlaw) (Lab)
Let me add my congratulations, too. As I told a group of constituents in this very Chamber this morning, my role as a Back-Bench MP is to highlight the idiocy of the Front-Bench spokesperson who should be immediately sacked for failing to listen to the wisdom that I offer, or immediately promoted to greater things for their infinite wisdom. I offer the Secretary of State the opportunity not to have his career spiked by suggesting that he listens to me on this question of museums and artefacts.
I offer the Labour Whip, my hon. Friend the Member for Bristol West (Thangam Debbonaire), my willingness to sit on the Bill Committee in order to ensure that the detail of the Bill is sufficiently clear to meet the purposes and the wishes of the House. I am sure that the shadow Front-Bench team will be delighted to have me in some Committee Room for a period of time on such important matters. None the less, I volunteer to do it, and I look forward to receiving the call.
As well as congratulating the Secretary of State on bringing forward, very appropriately, this piece of legislation, I also must congratulate two women Members of Parliament who have campaigned on this matter very assiduously over very, very many years. I am now desperately trying to remember their exact constituencies. I am talking about my hon. Friend the Member for Bristol East (Kerry McCarthy) and the hon. Member for Mid Derbyshire (Mrs Latham). They have both worked assiduously, and both have challenged their own parties to ensure that progress is made on this matter. That is not always the easiest thing to do. I pay tribute to them. Their role has been important.
Of course, one can have quibbles, and that is what Bill Committees are for—or Committees of the whole House if one does not have the opportunity to serve one’s country in that way—in order to strengthen and improve any Bill. There are some small issues to deal with. However, with due respect, I shall not give my own Front-Bench team such an easy time by merely referring to our party leader when it comes to discussions on our policy. We are a very democratic and open party and autonomy is given to the Front Bench. Therefore, in the Bill Committee, I am anticipating that my party will look at the question—let us call it the Elgin question—of what happens to artefacts. I am not just referring to the Scottish Government; there are local authorities across the country that could be doing things as well. I am not saying this to add humour to the debate. The situation with the elephant species and our responsibility to the planet has reached a critical point. That has been cited by all the experts, and, of course, the most famous of all of those in this country is David Attenborough. I seem to recall him saying that we are at the last 1% of time in terms of the population of these great species.
Frankly, if we cannot deliver on this, we do not deserve to be parliamentarians. We have a moment and a chance to do something, and we must take that chance not just with a piece of legislation, but with what goes beyond it. This matter needs to be addressed, along with two others. The first of those others is cyber-crime. The Government are currently investing lots of resource in cyber-crime—and correctly so. Cyber-crime involving the trade in endangered species, not least in ivory, is phenomenal. I pay tribute to the work that eBay has done to ban ivory from its sales. There are also many other ways in which the internet is being used for trade. I think that we could be wiser and sharper. At the conference in October, trade must be a vital part of the agenda, because, by definition, international co-operation can be the only effective way of dealing with such cyber-crime. We can lead the way as well by tweaking our legislation and by improving our resource.
The other matter that I wish to address is in relation to our international development work. The Batwe, the forest dwellers, are, without question, the poorest people on the planet, and yet, as the custodians of the forest for millennia, they are a perfect group of people for protecting the forest elephants in particular. The small numbers of the Batwe who remain are vastly unemployed and live in the most pitiful of conditions on the edge of the forest in places such as the Democratic Republic of the Congo, Burundi and Uganda. There is an opportunity to do something that would be both humanitarian and effective. With the Bishop of Durham and other parliamentarians, I have had the honour and privilege of visiting the forest with an income and making a critical contribution to protecting such people and to renewing their traditional way of life. The two things come together very smartly, but straightforwardly. There is also an opportunity to experiment modestly, but urgently, to see whether that works. It would be significant if there were a country willing to accept our assistance.
My next point has been mentioned by the Secretary of State: the use of the British Army in ranger training. I have actually just approached the Royal College of Defence Studies and suggested co-operating on writing a paper on this. Such training has been done successfully in Malawi and in Gabon, but we also have a vested interest. We could give the Parachute Regiment, for instance, a training opportunity in an area of danger. For example, they could use drone technology in training rangers—whether military, civilian or a combination—in countries that want to do that. That is a huge training opportunity in these less conflictual times.
It is far better to carry out such training in large countries such as Tanzania, Botswana or Zambia, or wherever there is a country that wishes to receive such training. We win in a very significant way by training our military. Where else? We do drone training on Ascension Island because we cannot find anywhere big enough in this country to do it. Yet, that technology would clearly be transformational if it were given to rangers who were trained to use it.
I had the privilege of opening and assisting at the US embassy’s annual technology challenge, which addresses the issue of dealing with wildlife crime through technology. The event takes place annually in London, and allows entrepreneurs from the IT sector here to develop products to assist in countering wildlife crime using the most advanced technology. It is a brilliant initiative by the Americans. There is a combination of factors, and we can use our skills there. We can facilitate the development of those skills in countries that want them and that can quite clearly see the economic benefit of doing so in terms of direct jobs and the tourism potential. Far more importantly, this is about national identity and national pride. This is about indigenous species in countries in both Asia and Africa that are in danger of being wiped out, so it seems that these measures would be an easy win.
We could put in considerable resource compared with what was there before—in fact it would actually be minuscule in terms of what we are doing anyway, because we already have to train our own people. We have that training ability and we have the ability to pass it on. And I would go further. Some of the best ranger trainers and counter-poacher rangers in Africa are ex-British military and this would be a great opportunity for those who have served our country to develop skills, particularly if they pass them on.
I recommend those policies to Labour Front Benchers as well. With that, let me recongratulate the Government on their brilliance and look forward to assisting them in realising their goal.
Several hon. Members rose—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I am afraid that I have to implement a time limit of eight minutes.
Zac Goldsmith (Richmond Park) (Con)
It is a great honour to follow the hon. Member for Bassetlaw (John Mann) and I strongly endorse much of what he said. This Bill is pure good news, which is a very rare thing in Parliament, from my short experience. I thank the Secretary of State for being true to his word and actually delivering the Bill, having promised that he would do so.
The situation today is desperate. As we have heard, every 25 minutes, an elephant is killed for its tusks. That is 20,000 elephants a year. There has been a 90% collapse in the elephant population in the last century. Notwithstanding the leadership that this country has undoubtedly shown in recent years, the UK has historically been a very big part of the problem. According to TRAFFIC, it is estimated that the amount of ivory equivalent to that from more than 1 million elephants was transported from Africa to the UK between 1860 and 1920. As we have heard, we are still significant exporters of ivory today.
We are on the brink of losing forever the world’s most iconic species—a sentient, highly intelligent animal. And we are not doing it for any justifiable or noble reason; we are doing it so that a few people can have trinkets. It is a brutal, barbaric business that directly funds some of the most abhorrent organisations on the planet today. In the case of al-Shabaab, the organisation responsible for the appalling events in the shopping mall in Nairobi six years ago, it is estimated that 40% of its funding comes from the ivory trade. We know that, where poaching happens, it enriches the worst possible people, but it also destabilises and impoverishes whole communities.
We also know that bans work. In 1989, we had a worldwide ban approved by CITES and immediately poaching levels fell dramatically—as did, by the way, the price and the value of ivory. Tragically, 10 years later, after suspicious levels of lobbying, so-called one-off sales were allowed, and the market was flooded with legal ivory, in turn making it easier for traders to launder illegal ivory. That is exactly why the Bill that we are passing today—I very much hope we are passing it—is so important. If it is passed, we will have introduced one of the toughest ivory bans in the world.
That is fantastic news but, at the risk of sounding churlish, I want to make a few minor suggestions. First, I very much hope that the Bill is passed—I am speaking more quickly as the great Secretary of State departs the Chamber; I hope that he catches this point—before the illegal wildlife trade conference in October, because otherwise we will lack the authority that we are going to need in order to be able to ask other countries to do their bit, and we will need to ask a lot of other countries to do a great deal.
Secondly, the ban will be meaningful only if it is properly enforced, so we need to provide a long-term settlement for the National Wildlife Crime Unit, as well as resources for the CITES border force team. Thirdly, as we have heard, the Bill currently applies only to elephant ivory. The risk is that we will be displacing demand from elephants to other ivory-bearing species such as killer whales, sperm whales, walruses, hippos and narwhals, all of which are under varying levels of threat. There are only 100,000 hippos in the world today. That is staggeringly depressing. I hope that the Government will look again at including a wider range of species in the Bill.
In October, we have the IWT conference, following the first one four years ago. It is right that we should celebrate some of the good news. It is fantastic that China is closing down its state-owned carveries and banned all domestic ivory trade at the end of last year. The US has introduced a near-total ban. Hong Kong is promising to do the same. However, we must also acknowledge that the problem is growing, not shrinking, despite everything we have heard and seen over the past few years. The conference is an opportunity for us to exhibit real ambition. We need to use every lever at our disposal to encourage other countries, including the members of the European Union, to introduce their own ivory bans as a matter of urgency.
We need to tackle online crime. We heard a bit about this from the hon. Member for Bassetlaw. So much of the trade has shifted online. I recommend that colleagues read a recent report by the International Fund for Animal Welfare called “Disrupt: Wildlife Cybercrime”. It paints a very bleak picture, but it also gives reason to be cheerful. In March this year, 21 companies, including Google, eBay, Facebook, Instagram, Microsoft and Alibaba, joined forces with the WWF, IFAW and TRAFFIC to launch the Global Coalition to End Wildlife Trafficking Online. And it works: in just one year, eBay removed more than 25,000 listings from its site.
We need to expand the focus of the summit beyond ivory. In the past decade, more than 7,000 rhinos have been poached for their horns. Grey parrots are being hoovered out of the African continent at a totally unsustainable rate. Since 2000, l million pangolins have been caught and sold for meat and medicine. Fisheries are being desecrated by illegal fishing operations all around the world, plunging the communities that depend on them into desperate poverty. This is organised crime on a massive scale. That needs to be reflected in our approach.
Finally—again, I echo some of the remarks by the hon. Member for Bassetlaw—we need to see a much greater emphasis on this and a greater level of commitment to it from the Department for International Development. It is extraordinary that just 0.4% of our vast official development assistance budget goes towards nature, let alone tackling the illegal wildlife trade. We may be part of a small club of nations honouring our commitment to meeting the UN target on overseas aid, but we are miles behind countries such as Germany, the USA and others when it comes to funding restoration of ecosystems, tackling wildlife crime and protecting the environment. There is a link between poverty alleviation and environmental sustainability—that is well established and unarguable. That must now finally be reflected in the work of DFID, not least so that the public, many of whom are very sceptical about its very existence, can buy into it and understand what it does. It is time for DFID to wake up.
Alex Chalk
I am grateful to my hon. Friend; I have ruined his peroration. Does he agree that there would be a great deal more buy-in from the public if the Department for International Development were renamed the Department for International Development and Conservation, so that people could understand that that was a key part of its mission?
Zac Goldsmith
I totally agree with the thought behind my hon. Friend’s question. Whether that should be the Department’s name, I do not know, but I agree with where he is coming from.
There is a clear link. One only has to look at Somalia. There is a direct link between the collapse of the fisheries off the coast of Somalia—the moment when it was declared a dead zone by the United Nations—and the rise in piracy. There were tens of thousands of families with boats and children to feed, and knowledge of the seas but no fish to catch. What did they do? They became pirates. The same is now beginning to happen around Senegal as a consequence of illegal activities by vessels from all around the world. When we destroy ecosystems, we plunge the poorest people—the people who most depend on the free services that nature provides—into hideous poverty. It is the most destabilising thing we can do, and DFID has not yet exhibited any understanding whatsoever of that well-known and well-understood phenomenon. It is time for DFID to wake up.
Jim Shannon (Strangford) (DUP)
It is always a pleasure to speak in debates on these issues. First, I want to state that I fully support the Bill and congratulate the Government and the Department on the way they have constructed it. They have put a lot of effort into ensuring that there are the necessary exemptions for ivory in musical instruments and antique ivory.
I am a country sports enthusiast and I enjoy all country sports. However, uppermost in my mind is that any country sport can only be done hand in hand with common sense and conservation, and I have practised that over the years in pursuing country sports. We must put money into the land to take from the land. We must encourage the growth of flocks and habitats for those flocks, to enable us to shoot and ensure that the environment can handle it. That must be the case if country sports and shooting are to continue. This debate has shown clearly that that has not been the case historically in the ivory trade, which is why the present position is so precarious.
As the World Wildlife Fund outlined in its briefing paper for the debate, we are in the midst of a global poaching crisis that threatens decades of conservation success and the future of many species. The illegal wildlife trade has grown rapidly in recent years and is now estimated to be the fourth largest transnational illegal trade, worth more than £15 billion per year. There are many iconic animals across the world, but this debate is about elephants, which are probably the greatest animal in my opinion; others may disagree. We have to retain their numbers and their habitat. As the WWF says, the illegal wildlife trade drives corruption, impacts the rule of law, threatens sustainable development and has been linked to other forms of organised crime such as arms, drugs and human trafficking. The hon. Member for Richmond Park (Zac Goldsmith) made the point that people turn to other methods of securing income, and illegal trade is the upshot of that.
There are approximately 415,000 African elephants. In the last decade, their number fell by about 111,000, mainly due to poaching, and around 20,000 African elephants are estimated to be killed by poachers annually. In the time that we have been having this debate, between three and four elephants have died across the world at the hands of poachers, and before the debate is over, that number will have doubled and perhaps trebled. That is an indication of what is happening. Some 55 of these grand, beautiful animals are killed a day. It is not only an adult elephant that is being killed; poachers are leaving a baby elephant to its own devices, and it often ends up dying as well. The gestation period of an elephant is 18 months. That gives us an idea of how long it takes to try to claw back what has been lost. That is something we cannot ignore.
It is clear that steps must be taken, and taken quickly, to align us with other nations in the attempt to cease this trade. I went to Kenya with the Armed Forces Parliamentary Scheme, and we had a chance to see the big five. I remember getting up close and seeing the beauty and brilliance of the elephants and being struck by the intelligence in their eyes. It is such a pity that those who poach them do not share their level of intelligence to understand that they are not only needlessly taking life, but will no longer be able to profit from it. It is clear that, while we carry out the normal protocol of check, double-check and triple-check of new legislation, we must seek to do that as quickly as possible to bring us up to international standards.
I watched a wildlife programme on TV last night, which showed a new way to try to alert people to what poachers are doing. People are putting collars on zebras and other animals. Whenever they see the animals running—they could be running from a lion, but in many cases they are running from poachers in the area—they are able to pinpoint where they are. This is another way of trying to address the issue. We must do everything we can to deal with it.
I have been contacted by auction houses—I have one on the boundary of my constituency—regarding the limited exemptions for antique ivory. The Secretary of State addressed this in introducing this debate and responding to interventions. I have been assured that auction houses and their trading partners are not averse to the legislation, as it stands; that is what they are telling me. They can well see the need to play our part on this horrendous trade, but there is certainly a little fear that any tweaking carried out may adversely affect their ability to sell genuine antiques that are historically and culturally important.
I commend the Government for the exemptions, in the provisions, for bagpipes, violins and pianos. I think that they have made sure that the trade in antiquities is allowed to continue. Pre-1975 musical instruments are also covered by the Bill. There is a real need for balance and to ensure that there is a clear distinction between the modern ivory trade and that in historic or antique ivory. I am given to understand that a strict number of things to be done while selling antique ivory has been suggested. That is right and proper. However, it is also so important that we do not stifle the legal trade in antique ivory while trying to eradicate the modern illegal ivory trade. There are businesses that rely on this antique trade. They must not be prevented by any changes in the Bill from selling items that are culturally and historically important.
I welcome the fact that the words “enter and search premises” will apply across all the regions of the United Kingdom of Great Britain and Northern Ireland. Indeed, there are further steps that we can take over the cyber-sale of animals and their products. I believe this Bill must be the first of many conversations about how we can conserve and preserve for future generations.
The International Fund for Animal Welfare has said:
“Over a six week period in 2017, with a focus on France, Germany, Russia and the United Kingdom, IFAW’s team of experts and researchers uncovered that thousands of live endangered and threatened animals and animal products were offered for sale online.”
I ask the Minister what we are doing to address the issue of online sales. Many of us understand that, when people can buy ivory online or show ivory for sale online, we need to do something about it and cannot ignore it.
IFAW has identified 5,381 advertisements spread across 106 online marketplaces and social media platforms. It has catalogued 11,772 endangered and threatened specimens worth over £3 million. Again, that shows the magnitude of the problem. I commend the IFAW and other organisations and charities for all that they do. The way in which they highlight this issue, raise awareness and tell us all what is happening is good for us and the story we are telling the House today.
There is work to be done and I would like to see us in the House playing our part to conserve in a common-sense way. We can do our bit here. Let us do it through this Bill.
Mrs Pauline Latham (Mid Derbyshire) (Con)
As my hon. Friend the Member for Richmond Park (Zac Goldsmith) said, this is good news. It is very rare to have good news that is supported by all parties in this House. I cannot say I disagree with anything that has been said by anybody on either side of the House, which is also pretty rare. I am delighted that the Bill has come before the House.
My right hon. Friend the Secretary of State has shown huge leadership by pushing the Bill forward, and I think he will bring it in as swiftly as he possibly can. He is, of course, building on the work of other Secretaries of State before him, and particularly on the leadership of the right hon. William Hague—Lord Hague—and the former Prime Minister David Cameron, who said that we should leave this world a better place. I believe that by passing the Bill, we will do that.
Africa needs elephants more than it probably realises in many cases, because it needs the tourism they bring. Many people in the House have young children. I am fortunate enough to have five grandchildren, and I want them to see the elephants. My eldest granddaughter, who will be 14 next month, has seen elephants, but if the ban does not go through and other countries, such as China and America, do not support it in a more limited form, my youngest, who is only three, may not see those iconic creatures, which we all think are fantastic for every reason we can possibly imagine.
The saddest thing about elephant poaching is that it is the oldest elephants that are poached—because they have the biggest tusks, they are a target for the poachers. They are the wise ones of the herd, and they teach and explain to younger family members exactly how to behave. Unfortunately, we are getting some rather wild elephants that are delinquent because they have not had that training, so the sooner we can breed more elephants in the wild to keep the groups together and make those groups larger, the better. As my right hon. Friend the Secretary of State said, we need to keep the beautiful savannahs as they are.
Poachers kill many rangers, and I would like more Department for International Development money to be spent on training more rangers. The hon. Member for Bassetlaw (John Mann) spoke about using alternative technologies, and that is something that DFID could explore. We could spend more time training people in African countries to understand how they can best beat the poachers, who are pretty clever and ahead of the game. We need to beat them at it.
African elephants are important, but we need to look at other species with tusks that contain ivory, including rhinos and Indian elephants. We need to think hard about how we can include those species, but I do not want to water down the Bill. I want it to be specific, because it is important, but perhaps the Secretary of State will look at how he could include other species later, particularly to save the rhinos, which are on the verge of extinction.
There are many other things that we could do to help the world, including the rainforests. Tigers are endangered, as are gorillas, giraffes and many more animals. We need to save them from extinction because, as I have said, I want my grandchildren and great-grandchildren to be able to go and see those different species. It is important for all of us to give future generations that opportunity.
There are a couple more points that I want to mention, but I do not want to take too much time, because this debate is fairly short. It would be useful if DEFRA published a register showing how many exemptions have been issued under the historical, artistic and cultural definition every year, so that a picture could be built up of all the relevant artefacts, which would be verified by people who know what they are doing, such as the V&A and other museums. That register ought to be publicly available, and it would demonstrate a commitment that the exemption is for the rarest and most important items only, not just any old ivory artefact.
Several Members have mentioned the National Wildlife Crime Unit. I hope that the Secretary of State will be able to announce permanent funding for the unit, as its existing funding expires in 2020. That should be part of the UK commitment to enforcement. I also hope that the Border Force CITES team at Heathrow will have sufficient manpower and resources, as it will be the frontline of our defence against illegal imports coming into the UK and organised criminal activity.
Finally, I would like to discuss Hong Kong. Although the Chinese support the ivory ban and, I am pleased to say, were ahead of us, I am told that in Hong Kong—I have a nephew out there—ivory continues to be passed off as mammoth tusks. It is perfectly legal to trade mammoth tasks, so will the Secretary of State work with Chinese leaders to try to shut down that market? Perhaps he could include a ban on mammoth ivory to close that loophole. People can test the difference between mammoth and elephant tusks, but what border agent or police officer would know about that? They would not challenge it, so we have to be firm and make sure that we close as many loopholes as possible to save these iconic animals that we all want future generations to see. However, I continue to congratulate the Secretary of State on moving fast; I would like to see him do more and move faster.
Mr Ranil Jayawardena (North East Hampshire) (Con)
I am delighted to rise in support of the Bill. Although our constituents usually see the theatre of questions to the Prime Minister, it is on occasions like this, when we all work together, that the House is strongest. Today is a great example of that. We often work collegially across the House in Committees and all-party groups to achieve good, positive steps like this.
As someone who founded the all-party group on endangered species, along with many Members some who are here, I am pleased that the Government have taken this decisive action and that the group has been able to support the Government’s work in this area. Even when some thought it might be just a little too difficult, we held their feet to the fire. I therefore welcome the action that is proposed by my right hon. Friend and parliamentary near neighbour the Secretary of State for Environment, Food and Rural Affairs.
The all-party group is now ably led by my hon. Friend the Member for Redditch (Rachel Maclean). We work alongside like-minded Members with the stated aim of ensuring
“that the plight of endangered species is on the political agenda of government”,
and we will not be going anywhere.
Elephants—those strong, smart, gentle, beautiful animals—are most definitely, and sadly, in the endangered category. As has been said, according to the WWF, the number of African elephants has fallen from between 3 million and 5 million to 415,000, while the number of Asian elephants has halved over the past three generations. It has also been said already—although it is such a shocking figure that it should be said over and over until something is done about it—that 20,000 elephants are slaughtered every year to fuel the global demand for ivory. It is absolutely horrifying but, in the midst of the horror, we have a glimmer of good news today, as this issue is now firmly on the Government’s political agenda—indeed, it is on their legislative agenda too, as the Bill proves. That the Government recognise the need to protect animals and that the Bill will help to close ivory markets and reduce both the price of ivory and the incentive to poach is good news.
I was, of course, first elected to this place in 2015, and the Conservative manifesto on which I stood promised that we would tackle the international wildlife trade and press for a total ban on ivory sales. I am pleased to be able to help deliver on that promise today.
The Bill builds on the proactive and global action that the Government have taken. We held the first international conference on the illegal wildlife trade in London in 2014 and we will soon host the fourth, having supported Vietnam and Botswana in hosting two more. As an aside, and as my hon. Friends the Members for Richmond Park (Zac Goldsmith) and for Cheltenham (Alex Chalk) said, the UK spends 0.7% of its GNI on aid, and I believe that wildlife protection would be a worthy use of our aid budget. I therefore urge Ministers to expand that spending.
The UK has successfully lobbied for the EU-wide adoption of a ban on raw ivory, and the UK Border Force successfully targeted ivory sent through postal systems with the WWF-sponsored wildlife crime operation of the year for 2016, Operation Quiver.
We have worked constructively with China to jointly develop and implement law enforcement measures to tackle illegal trade, in stark contrast, I am genuinely sad to say, to past Governments. In 2008, the then Government gave the go-ahead for China to become a licensed trading partner for 108 tonnes of ivory. On my last visit to China, I made the point that it needed to stop the ivory trade. The change in its approach from then to now is remarkable and laudable. I hope that it will go further in the years ahead not only to enforce its law more strongly across the whole of that vast country, but to widen its scope so that other species, such as tigers, get greater protection too.
These are great first steps—they are great steps, but they are just great first steps. As always, we must do more, and for many good reasons. As my hon. Friends the Members for North Dorset (Simon Hoare) and for Richmond Park mentioned, the scope of the Bill should be wider. Clause 35 is unnecessarily narrow in referring to the meaning of ivory as only coming from
“the tusk or tooth of an elephant.”
The explanatory notes cite many other species that would be eligible for regulations to be laid at a future date, but why wait? Why wait for there to be an issue that affects other animals adversely when we can act today? My right hon. Friend the Secretary of State talked about our goal in providing leadership to the world on this important issue. I say to him and to the Minister that we should deliver that leadership not just for elephants but in pursuit of our goal of protecting animals more widely from what is a wholly unnecessary activity.
Rachel Maclean (Redditch) (Con)
My hon. Friend was kind enough to mention the all-party group. He set up the group, kicking off excellent work on this issue. He talks about how the Bill could go further. Does he agree with both me and the International Fund for Animal Welfare’s submission to the debate that we need detailed guidance on what items of artistic and cultural merit should be exempted from the Bill? It is very important that we get the guidance right, so that things do not slip through and contribute to poaching.
Mr Jayawardena
I thank my hon. Friend for her kind words, and I urge her to go further in her leadership of the group to deliver what she sets out. She is right that we must be very clear about what we are seeking to achieve. We do not want to create loopholes for those who would seek to perpetuate such crimes against elephants and other animals. We must not allow those loopholes to exist, and we must not create new ones that they would wish to exploit. As my hon. Friend the Member for Mid Derbyshire (Mrs Latham) set out, there is a potential loophole in the case of species that are alive and well today but perhaps lower in number than we might like, and in the classification of ivory from mammoths. We could be creating an unnecessary loophole instead of closing it right now. Indeed, I believe we should do that. Unless we are to carbon date every piece of ivory coming through customs checks, we might find that those who commit these crimes will continue to do so.
Britain is very proudly a nation of animal lovers. Animals have a very special place in British society and in the hearts of the generous British people, with a quarter of annual charitable donations going to animal welfare causes. It should therefore come as no surprise that the Bill has wide support from beyond the predictable non-government organisations, which are to be lauded for their efforts in this area. It is so important that the public are on the side of this initiative. Out of 77,000 respondents, 88% supported a ban. The British public want this. Members have called for this. Animals deserve this. Let us get on and do it.
Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)
I am delighted to be able to speak on this important Bill, following on from my hon. Friend the Member for North East Hampshire (Mr Jayawardena), and to continue to highlight just how Britain is taking the lead across the world in protecting the special and diverse wildlife across our planet. From oceans to the illegal wildlife trade, the Government are showing the environmental leadership that other countries across the globe can emulate and learn from.
There are, sadly, so many species of wildlife across the earth that need our protection from all manner of viruses, diseases, human poaching and destruction of habitat. The poaching and hunting of elephants for ivory is decimating elephant numbers, maiming and killing those sentient animals in the most cruel fashion, and fuelling serious and organised crime which has led to corruption in many of the states where elephants are poached.
The forests of central Africa are the hardest place to study or protect elephants, but it seems they are the first to be hit by poachers. Over the last decade, their number has declined by almost a third. I will not repeat the many statistics already shared with the House, but as my hon. Friend the Member for North East Hampshire just said, the statistic that 20,000 elephants are being lost every year should shock every person listening to or reading this debate.
The demand for ivory in the far east has been the primary driver of the renewal of killing over the last two decades. In the last four years, the wholesale price of raw ivory in China has tripled and reached a $2,100 a kilo. It is unacceptable for nations to stand by as elephants are killed in their hordes for their ivory. I am proud that, in order to protect elephants for future generations, we are introducing one of the world’s toughest bans on ivory sales. The maximum available penalty for breaching the ban of an unlimited fine or up to five years in jail seems appropriate, but we must ensure effective enforcement. This tough action will send a message to poachers and countries across the world that Britain is not prepared to stand by while the poaching continues unabated.
While I fully support the Bill and protecting the African elephant, I agree with my hon. Friend the Member for North Dorset (Simon Hoare) about extending its provisions to Asian elephants, the rhino and the narwhal. It is important to consider that when we get into Committee. This is a one-off opportunity to highlight those particular mammals.
I want to raise an issue regarding the exemptions in the Bill. It is good news that there will be exemptions for musical instruments created before 1975 and items with less than 10% ivory content created before 1947—two years when steps were taken towards reducing the ivory trade—as well as those rare items and portrait miniatures that are at least 100 years old. Sales to and between museums will also be allowed, which, thanks to the Bill’s registration process, will help us to catalogue these historic items, which are part of the world’s artistic heritage.
The WWF has been clear that it does not believe that the exemptions will have a negative impact on the poaching of elephants or the illegal ivory trade. I also note that the exemptions in the USA, which are more relaxed than those in the Bill, have already resulted in a significant decline in the ivory trade across the pond. Given all that, as well as the Chinese ivory ban, which came into effect a few months ago, and the consequent fall in the ivory price, we can have every hope that the Bill will contribute to a reduction in the poaching of our wonderful elephant.
With this in mind, I would ask the Minister to consider one further narrow exemption that I as a Northumbrian MP believe is important for our musical heritage and which should be included in the scope of the exemptions for older musical instruments. In the north of our great country, the pipes—bagpipes and Northumbrian—have been a military and cultural part of our heritage for centuries, and pipers have a particularly long history in Northumberland. The Northumbrian pipes are a physically smaller and perhaps less terrifying musical instrument than their bigger cousin north of the Tweed.
The Northumbrian Pipers’ Society is extremely concerned, as am I, that this excellent Bill will inadvertently risk doing severe damage to our piping tradition and therefore to our regional musical heritage. The retrospective nature of the proposals on musical instruments containing ivory, which will make it unlawful to sell or hire instruments made with any ivory in them after 1975, even though they were made perfectly legally and were exclusively made using antique or CITES-licensed ivory, will, according to some estimates by key pipe makers and figures in the tradition, result in at least 500 to 600 sets ceasing to be marketable.
I must declare an interest: my daughter is a Northumbrian piper and owns a set of pipes that contains ivory. I do not know when it was made, and we do not intend to sell it, since we hope to perpetuate this musical Northumbrian tradition by passing them down the generations, but this is no less of an issue for all that. We bought them from a family whose grandfather had died and none of whose children had learned to play. We have been the happy recipients of a musical instrument and a county tradition.
Most of our Northumbrian pipe makers are retiring, including the amazing David Burleigh from the village of Longframlington in my constituency, and the Northumbrian Pipers’ Society relies heavily on second-hand sets to fill the gap and be sold on to those of the next generation, such as my daughter, to continue this ancient musical tradition. It would be a huge error to inadvertently suffocate one of our country’s finest musical traditions—it is the only instrument indigenous to England that has an unbroken history of performance—by missing a small exemption to this Bill, which I do not believe would have a negative effect on the poaching of elephants since we are talking about pipes made by recycling old or ancient ivory.
I think it fair to say that extending the exemption to cover all sets of Northumbrian pipes made before and during the Bill’s passage would not in any way encourage poaching or feed the illegal trade in ivory, given that the ivory concerned comprises very small pieces that could not realistically be reworked for sale in any other form. I should be delighted to meet the Secretary of State to discuss the matter in more detail, and to find a way of protecting the great tradition of those instruments and the heritage of Northumberland.
Apart from that one issue, which I call on the Government to consider further, I am delighted to support the Bill and to ensure that the UK leads the world in tackling the scourge of the illegal wildlife trade. I want the children of the future to watch “The Jungle Book”, which is my favourite film—[Laughter.] Confessions, Madam Deputy Speaker! I want those children to see the wonderful herd of elephants on Jungle Patrol, and to know that they are seeing a representation of a living, thriving animal community, not an extinct species.
Several hon. Members rose—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I am afraid that I must reduce the speaking time limit to five minutes.
Sir David Amess (Southend West) (Con)
I congratulate all the animal organisations that have encouraged the Government to introduce the Bill, and I completely agree with what my hon. Friends the Members for Richmond Park (Zac Goldsmith) and for Mid Derbyshire (Mrs Latham) said. However, there are three people I wish to single out. The first is Mr Attenborough, whose wonderful films and programmes have transformed people’s perceptions and views of animals, not just throughout our country but throughout the world. If only I had a voice like Mr Attenborough’s, Madam Deputy Speaker, wouldn’t I be worth a lot of money?
I also wish to congratulate a lady called Lorraine Platt. I do not wish to upset a number of my colleagues—I do not think that there are any farmers in the Chamber at the moment—but I have been here for quite a while, and there was a time when it seemed that if an animal walked or moved a bit quickly, one might be encouraged to shoot or snare it. Lorraine Platt has transformed my party’s perception of the way in which we treat animals, and I salute her for that.
Finally, I congratulate the Secretary of State. We heard from my right hon. Friend the Member for North Shropshire (Mr Paterson), but this is a moment for celebration—and here I come to the remarks made by the hon. Member for Workington (Sue Hayman). Looking around the Chamber, I think that I have been a Member of Parliament for longer than anyone else who is present, and I have a good memory of how we have dealt with animal welfare measures in the past. We have not always been brilliant on the issue. In fact, it was David Mellor, when he was a Minister, who amended a raft of legislation—I happened to be a member of the Committee considering the Bill in question—but the hon. Lady mentioned the Labour party. It is absolutely true that when Tony Blair took office, animal welfare organisations were very enthusiastic about the way in which the party would develop, and huge amounts of money were given to it.
I salute what I see as a major victory on foxhunting. Indeed, I can tell my colleagues that I was one of the only five Conservatives who used to vote in favour of banning it. How that has changed in 2018. Colleagues saw that when our Prime Minister made an off-the-cuff remark about a free vote on bringing back foxhunting, it went down like a lead balloon. However, let me say gently to the hon. Lady that by the time Tony Blair left office, when I had strong contacts with many animal welfare organisations, I felt that there was some disappointment, so I salute what the Secretary of State is doing. I cannot keep up with it. Each week, each month, all the things we have been asking for for such a long time are happening. The House will be united in encouraging him.
Elephants are wonderful animals. I have kept most kinds of animal, but I have never owned an elephant. We have not had room for one—although, according to my wife, I sound like a herd of elephants when I go up and down the stairs. It is impossible to imagine a world without elephants: that is unthinkable. We need only see the television programmes in which an elephant dies and all the others gather round it. They are absolutely wonderful animals, and what has been happening is barbaric.
I recently met Mr Duncan McNair, founder of Save the Asian Elephants, a remarkable association, and I gently say to the House that we must discourage our constituents from going on safaris where they ride on elephants. They should learn in detail how these elephants are restrained; it is quite wicked.
I was in Strasbourg last week. It was the first time I have ever been there, and it was wonderful. I addressed the Intergroup on the Welfare and Conservation of Animals, and it is going to follow our lead in this regard.
I do not judge a society just on how it treats human beings; I judge it also on how it treats animals. This is a great day for the House of Commons and a great day in terms of progress in animal welfare.
Alex Chalk (Cheltenham) (Con)
It is a great pleasure to speak in this debate. I want to underscore some of the points already made and develop a further point that I canvassed briefly with my hon. Friend the Member for Richmond Park (Zac Goldsmith).
The first reason why this Bill is so important is the context. Elephants are in decline by 8% per annum according to the 2016 great elephant census, and we have heard today some other startling statistics: 55 elephants killed per day, 20,000 per annum, and an elephant dying every 25 minutes or so. There is legislation in place, but it is inadequate: in 1990 ivory was banned under the convention on international trade in endangered species, but that of course covered only post-1990 ivory. The message is therefore unclear and inconsistent, and this excellent Bill will help to bring clarity and consistency. As others have indicated, it also closes off that loophole that exists and the scope to launder illegal ivory as legal ivory.
In due course, after the Committee stage and when this Bill is enacted, the message will go out that the UK ivory market is closed to all items containing ivory, apart from a few very narrow exceptions. That is fantastic, and it also means that the UK will take on a role of global leadership and will be very well placed come the October meeting on the illegal wildlife trade.
There is also a point that I want to develop which will add to this debate. My hon. Friend the Member for Richmond Park made the point powerfully that the British people want to ensure that when we play our important role in the world in this area we can bring real ammunition to the fight. However, we should look at the budget we allocate to this important priority for the British people. When we look at the language used in how we go about deploying that financial firepower, we see that it is very narrowly focused. I am referring to the fact that every year the UK spends 0.7% of our gross national income on international development. We have the Department for International Development, but it is very narrowly focused, because its sole goal, as indicated by the House of Commons International Development Committee report, is ending poverty. That is because in 1970 the UN target was set and at that point the UN General Assembly said the money must be spent on overseas development assistance. So the money must be spent on development assistance, and the Act which enacted the 0.7% requirement was called the International Development (Official Development Assistance Target) Act 2015 and the Department is called the Department for International Development. What I would like to see—and what I sense that my constituents in Cheltenham would like to see—is for that Department to become the Department for International Development and Conservation, because at the moment the sole focus on poverty is a difficult pill to swallow. I have poverty in my constituency—there are areas of entrenched poverty—and it is therefore a difficult sell to say that £14 billion must be dedicated exclusively to that fight.
To put this in context, our entire prisons budget is about £4 billion, yet we will be spending £14 billion on tackling poverty. This wonderful Bill, which has enjoyed cross-party support, presents a great opportunity; it can be the springboard for us to do something bolder and more radical. There should be greater fluidity in terms of how we spend this money. Before anyone says that we cannot do that because the OECD says that it must be limited to international development, let me remind the House—lest we forget—that because the United Kingdom is an international aid superpower, we were able to leverage that power to achieve some flexibility in February 2016. We are now allowed to use the money in that budget to pay for peace and security-related costs, so why can we not go one step further? Why can we not use the excellent opportunity presented by the Ivory Bill to go further and to direct that money towards conservation? Let the moment start here. The Department for International Development should in due course become the Department for International Development and Conservation.
Stephen Kerr (Stirling) (Con)
I rise to speak in support of this important measure. Indeed, I applaud the first five words of the Bill. Someone said earlier that it was a short Bill, but I do not find it particularly short. However, clause 1(1) is short enough. It states:
“Dealing in ivory is prohibited.”
That is a measure that I believe commands the support of both sides of the House. I stand here in the full knowledge that my constituents, from the very young to the most senior, feel passionately about protecting and preserving the elephant, which is sadly now under critical threat. I also want to speak on behalf of my grandchildren, and of their children yet unborn. I do not want to be part of a generation of humanity that stood by and allowed avarice and cruelty to destroy one of the most extraordinary creatures ever to grace this planet. It is unimaginable to me that the generations yet to come might never see an elephant in its natural environment.
If we do not take the lead on this matter, who will? I for one am proud that we are taking the lead, and the Bill shows that the United Kingdom is once again leading the world in animal welfare. By implementing one of the toughest ivory bans worldwide, this Parliament is sending the world the clear message that we are aware of the dangers facing the elephant population and that we are prepared to do something about it. The worldwide ivory trade has had a massively negative impact on elephants. The statistics have been rehearsed many times during the debate, and they are terrible. The WWF estimates that the current elephant population is barely a tenth of what it was in the early 20th century, and even now 55 elephants are killed for their tusks every day.
However, the ivory trade does more than kill elephants. A ground-breaking study by Dr Katharine Abernethy of Stirling University—where else?—found that routes forged by ivory smugglers enabled trade in other critically endangered species. The demand for ivory creates smuggling routes across forest borders, and those routes are then used by traffickers moving other animals, such as the pangolin. Pangolins are scaly, ant-eating mammals. Their meat is considered a delicacy and their scales are deemed by some to have magical medicinal properties. The pangolin is considered to be one of the most trafficked animals in the world today; it is probably the most trafficked animal that most people have never heard of. The WWF classifies the African elephant as “vulnerable”, but it classifies two of the pangolin species as “critically endangered”, the most serious classification, meaning that those species are at serious risk of extinction.
I therefore welcome the Bill on many different levels, and I hope that it sends a clear signal that the UK intends to bring down the ivory trade and the other criminal smuggling routes it enables. However, my attention has been drawn to certain aspects of the Bill. I believe that some of the definitions will need to be looked at closely in Committee, and either expanded or tightened. For example, clause 6 deals with pre-1918 portrait miniatures, but I believe that the definition of a portrait miniature needs to be looked at. Clause 7 deals with pre-1947 items with low ivory content, providing for an exemption if
“the volume of ivory in the item is less than 10% of the total volume of the material of which the item is made”.
It has been brought to my attention that that measure could have unintended consequences, because the Bill in its current form would inhibit the sale of small antique items consisting entirely of ivory made before 1947. We need to look at these definitions and their consequences, and we need to be determined about what we want this legislation to do.
I am pleased that clause 8 mentions pre-1975 musical instruments, because I am a piper, owning a priceless set of bagpipes with ivory mounts that my father got me—long before 1975, I hasten to add. Those mounts do make me sad, but it is a precious instrument and it makes a glorious sound, symbolising so much for my countrymen. I hope that the House will remain united as the Bill moves through Parliament and that we stamp out the ivory trade, because we must.
Eddie Hughes (Walsall North) (Con)
I beg some indulgence, Mr Deputy Speaker, because the start of my speech may seem slightly unrelated to the topic we are discussing. As a football fan, I am a frequent visitor to countries around the world. I do not know much about football, but I love to see it being played internationally, so in 2010 I found myself in South Africa for that great tournament. Who could forget some of those incredible games? We saw Portugal take on the mighty North Korea and defeat them 7-0, and the final saw Spain win their first World cup, defeating the Dutch 1-0 in extra time with Iniesta scoring the goal. However, what was most memorable about my trip to South Africa was the incredible countryside.
I took the 200 km “Garden Route” trip from Cape Town along the coast, through the wine regions, and on to the Tsitsikamma national park and over the suspension bridge that crosses the Storms river—breath-taking scenery and amazing countryside—and I then headed north to Kruger. I was travelling with some friends, and I like to go to bed early, so I left them at the bar, drinking heavily. About an hour later, my good friend Tony awoke me with a tap and said, “You need to get up and see this.” We opened the door of our chalet and immediately outside was a huge elephant within touching distance, eating from the trees. It was incredible to see a magnificent animal like that in a semi-natural habitat, although I appreciate that eating next to a chalet is not completely natural for an elephant. I have two children, one of whom is currently touring the world. She has spent five months in Australia, and I hope that she will one day have the opportunity to see such magnificent elephants in their natural habitat. The work we are doing this evening could lead to that being a more likely possibility—indeed, a probability—in the future.
It is important to remember that we are a long way from South Africa, but the work of the British Government takes us to these places around the world. If I remember correctly, Cyril Ramaphosa became the South African President in February this year, and he met the Prime Minister in April to talk about the work that the British Government can do with South Africa in the future. I understand that we have committed approximately £50 million over the next four years to work with the South African Government to create employment and help the country to overcome barriers that will allow other countries, including the UK—this will be particularly important post-Brexit—to work and trade with South Africa and other African nations. If they lose out on the income from trading in ivory, it is important that that is replaced somehow.
There is an interesting supply-and-demand argument around the money in the ivory trade. In 2016, approximately 100 tonnes of ivory was publicly destroyed to say to the smugglers, “We are destroying this stuff; it has no place being traded.” However, it is understandable that poor countries such as Zimbabwe, which tried to sell 70 tonnes for approximately $35 million, feel that they need the income. I believe it is incumbent on us to help support Zimbabwe industrially in order to make sure it can replace that trade.
I conclude with the words of Charlie Mayhew, the chief executive officer and founder of Tusk:
“We believe that an unambiguous message should be communicated to the world that elephants are globally protected and that buying ivory is no longer socially acceptable.”
Robert Courts (Witney) (Con)
It is an enormous pleasure to speak in this debate, and it is also a great pleasure to follow my hon. Friend the Member for Walsall North (Eddie Hughes), who has this evening demonstrated the real mix of wit and insight that the House has come to expect from him.
It is a real honour to speak in this debate, which shows the House at its best as we come together to make law at a time when we can feel the era changing. Not so long ago a person who wished to indicate that they were civilised and that they had travelled the world would do so by bringing something back, and that something would be a part of an animal they had killed to demonstrate that they had been to those places and seen those exotic animals.
Times change, and social attitudes clearly change. It is now no longer acceptable for fashion to be facilitated by cruelty, and that is the law we are discussing tonight. We realise, as we have heard a number of times this evening, that the scale of elephant killing is gigantic. We have lost five or six elephants since the start of this debate. The statistic is that we lose 20,000 elephants a year or one elephant every 25 minutes, which is extraordinary, but those dry statistics just do not do justice to the issue.
Anybody who has been to see elephants—ideally in their natural environment, as my hon. Friend the Member for Walsall North has, but even in captivity where they are being bred or researched for conservation reasons—will realise the extraordinary beauty, sensitivity and intelligence of these animals. Elephants seem almost human, and anybody who has seen footage in a wildlife documentary of parent elephants mourning a dead baby elephant, or mourning one of their own group, will realise quite how important it is that we protect them.
It is important that we have a functioning ecosystem. It is not just elephants, because all the other animals that live on the African plains depend on elephants keeping the ecosystem healthy. Of course it is far more important than that. It is important for the animals, it is important for our environment and it is also important for the people, because we now accept in this House and across the country that we should be protecting, not plundering, developing countries. If developing countries have a resource such as eco-tourism, we realise that we should be helping them—not exploiting them but protecting and helping them to profit from eco-tourism.
I agree entirely with every hon. Member who has said today that they are standing up on behalf of not just current generations but their children. I have a two-year-old toddler, and I would like him to be able to go to Africa or to other countries around the world to see elephants in their natural environment. It is crucial that we do this.
The human impact is so important because it goes further than simply helping people. As with the illegal drug trade, the organised crime ramifications of wildlife crime are enormous. We have heard from a number of Members on both sides of the House that 100 rangers are killed by poachers each year as they try to protect elephants. We simply have to ensure that we stop the demand, and we can do that with the Bill.
I have sympathy for those who require exemptions for various reasons—for example, for cultural reasons—and I am grateful to the Government for thinking about those reasons and for introducing defined, narrow, clearly interpreted and well thought through exceptions, which I also support.
At present, unfortunately, the current regime simply is not working. I ask the Government to consider some of the definitions in clause 35, which other Members have raised. My constituency contains Cotswold Wildlife Park and Gardens, and I may be unique in being a Member of Parliament who has bottle-fed a baby rhino, which I was greatly honoured to do at that park. I am of course aware that rhinos could be affected and so it is strange that the explanatory notes state that the
“delegated power could…be applied if the restrictions under this Bill inadvertently lead to the displacement of the ivory trade from elephant ivory to another form of ivory.”
That is likely to happen and we ought to deal with it now.
In the last few seconds available, let me say that I am grateful to those from all over West Oxfordshire who have written to me to express their support for the Bill. They are on the right side of history and so are the Government.
Huw Merriman (Bexhill and Battle) (Con)
It is a pleasure to be the last Back Bencher to speak. I shall be looking to the hon. Member for Bassetlaw (John Mann), whose yawning ratio has increased, to see when I should sit back in my place.
I absolutely support this Bill, for all the reasons as everybody else. Therefore, I will not rehearse those arguments and will instead focus on two matters, the first being the definition of ivory. I note the points that have been made about how that can be extended. The explanatory notes say that under clause 35 the definition can indeed be extended to cover beyond elephants. However, that would happen only if the Government took the view that there had been a shift towards trade in other ivory—they would then perhaps then extend this. It would be a bit more up front to put that extension in place immediately and I cannot understand why this is limited just to the elephant tusk.
The second point I want to make is about the exemptions. In the event that we are to have exemptions, and we see the Bill contains some limited ones, surely it makes sense for the Bill Committee to get those absolutely right. Notwithstanding the point made by my hon. Friend the Member for Witney (Robert Courts), my concern is that I do not find those exemptions particularly tight. There is a series of exemptions. For example, clause 2 refers to pre-1918 rare items and those with artistic, cultural or historical significance. We all have a view on what such things could be and it will be incredibly difficult to differentiate objectively. The Bill also mentions other time limits; there are references to 1975.
I find the exemptions somewhat random, so my idea to throw into the pot is that we have just one pre-defined list—a “now or never” registration, using pre-1947 as the date. People would not be able to add to the list and anything that has not been registered would just get destroyed. That should include museums. Thereafter, we would have the pre-defined set of items in place, we would have certainty and this could not be gamed. We would therefore just have one criterion. That registration process would be paid for, and any excess amounts banked by the Government should be spent on prohibition work in the field in the countries where this exists. If anything in the list is transferred, there should be a 20% tax, which would also go to those causes.
Those are my ideas to throw into the pot. A lot more could be done in Committee to get these exemptions narrowed and standardised, and to give better legal certainty that this will work.
Holly Lynch (Halifax) (Lab)
We have had an excellent debate this evening, and I thank Members from across the House for their contributions. To reiterate what my hon. Friend the shadow Secretary of State said in her opening speech, the Labour party welcomes this Bill and we will be supporting it this evening. Of course we will, however, be seeking to play a role in testing and tightening it in Committee, particularly on its exemptions.
We have heard some well researched and articulated speeches and interventions, and I shall mention just a few. My hon. Friend the Member for Blaydon (Liz Twist) and the hon. Member for Strangford (Jim Shannon), among others, made an important point about online sales. There must not be an online market for such items, and I would be keen to explore every opportunity to close loopholes for the sale and trade of ivory as this Bill progresses. My hon. Friend the Member for Wakefield (Mary Creagh), the Chair of the Environmental Audit Committee, and others made an important point about the funding of the National Wildlife Crime Unit. It is an important part of resourcing the enforcement efforts required to really enact this legislation in the way that we envisage, and I look to the Government to reassure us further on that point and commit to funding the unit beyond 2020.
The right hon. Member for North Shropshire (Mr Paterson) made a passionate speech based on his experience in this policy area and rightly paid tribute to the bold action taken by the Chinese Government. He also reflected on the difficult and insatiable relationship between supply and demand that will persist unless we step in and sever it.
The hon. Member for Walsall North (Eddie Hughes) made a characteristically interesting speech that I thoroughly enjoyed. He made a serious point about the economic impact on certain countries of banning the ivory trade and what we might need to consider by way of support as we move through the transition.
It is worth reflecting on the public’s role in the progress that has led to the Bill before us and thanking them for their contributions. I am mindful that the last time the House debated this issue was in a Westminster Hall debate on an e-petition calling on the Government to shut down the domestic ivory trade, which secured more than 100,000 signatures. Further to that, as the Secretary of State mentioned, after the Government opened their consultation on the proposals at the end of last year, a staggering 70,000 people and organisations responded. More than 80% of responses were in favour of measures to ban ivory sales in the UK; that has no doubt assisted in the shaping of the Bill.
I think, based on the contributions we have heard, that we all share a great sadness that the illegal wildlife trade has grown rapidly in recent years. It is absolutely right that we take robust domestic action to tackle it head on, while demonstrating leadership on this issue to the rest of the world. Despite the convention on international trade in endangered species of wild fauna and flora, to which 183 states are party, and the introduction of an international ivory ban in 1989, we have still witnessed a worrying upward trend in illegal killings since the mid-2000s. As we have heard, recent estimates of African savanna elephant populations indicated a 30% decline in numbers between 2007 and 2014. That is 144,000 fewer elephants.
The examples of decisive action taken by the US and China have already had a positive impact, so we welcome this domestic action, which we hope will help to turn around the situation. One issue that we wish to explore further in Committee is the possibility of displacement and unintended consequences, for which we will have to be ready. There have been suggestions that the Chinese Government’s interventions on ivory may have brought about an increase in trade in neighbouring states in which controls are more relaxed. I was interested to hear the point made by the hon. Member for Mid Derbyshire (Mrs Latham) about mammoth tusks, which proves that workarounds will be found by unscrupulous poachers if there is scope for them to find them.
My hon. Friend the Member for Bristol East (Kerry McCarthy), the hon. Members for North Dorset (Simon Hoare), for Bexhill and Battle (Huw Merriman) and for Mid Derbyshire, the right hon. Member for North Shropshire and several others made the point that clause 35 sets out the meaning of ivory as being
“ivory from the tusk or tooth of an elephant.”
Both the Bill and the explanatory notes reflect on the possibility of a clampdown on elephant ivory resulting in an increased threat to other animals—such as hippopotamuses or a variety of marine animals—but neither offers a comprehensive framework for responding to that threat. Sadly, we can envisage that unintended consequence becoming a reality if we are not prepared for it.
Labour has long been the party of animal welfare, from banning foxhunting and fur farms in the UK to the introduction of the landmark Animal Welfare Act 2006, and I am grateful to the hon. Member for Southend West (Sir David Amess) for acknowledging that. In an insightful speech, the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), said that nobody could get legislation through quickly like the Secretary of State. That having been said, we welcome the opportunity to congratulate the Secretary of State and his team on finally bringing some legislation to the Chamber. For all his bold announcements, we are reassured that he is finally translating the words and consultations into action and law change, as this is the first piece of primary legislation that we have seen from him since his appointment to the role.
Earlier, the hon. Member for North Thanet (Sir Roger Gale) made the point that if the Government can implement a comprehensive ban on ivory, they could also look into a comprehensive ban on fur, as debated in Westminster Hall today. Further to the point made by my hon. Friend the Member for Bristol East, they could also look into banning the use of animals in circuses. We look forward to seeing legislation on both those issues in the not-too-distant future. Again, we welcome the legislation before us and look forward to revisiting the detail in Committee.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I wish to thank Members from all parties for their contributions to this really important debate. I am encouraged by the strong consensus in the Chamber that the Bill is essential in the fight against the poaching of elephants for their ivory. I am grateful to Members on both sides of the House for that clear cross-party support. There were some excellent speeches from the hon. Members for Workington (Sue Hayman), for Halifax (Holly Lynch) and for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who showed such important cross-party consensus on the fact that action must be taken.
Restrictions on commercial activities in ivory and other products from endangered species were first introduced when the United Kingdom became party to the convention on international trade in endangered species of wild fauna and flora, CITES, in 1975. The EU wildlife trade regulations introduced in 1997 implement CITES in a stricter manner than is required by the convention. The Bill now builds on those existing regulations to underline the fact the United Kingdom does not accept that ivory should be seen ever as a desirable commodity or, even worse, as a status symbol.
The Government have introduced this Bill quickly—only six weeks after we published our consultation response. We recognise the need to act quickly, which has been highlighted by many Members throughout the House—I am very grateful for that. I am hopeful that Members from across the House will work together to ensure the swift passage of the Bill through Parliament in the weeks ahead.
Before I respond to individual points raised by Members, I should like to pay tribute to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). Indeed, this Bill bears the hallmarks of her committed campaigning and energy, which make her such a popular figure in the House. Mr Deputy Speaker, I am sure that you and Members from across the House will join me in wishing her a speedy recovery. I will do everything that I can, to the best of my endeavours, to provide cover for her from the substitutes’ bench until she returns safe and well to join us in this place.
We should also recognise, as many Members have, the incredible efforts of the 70,000 individuals and organisations that took the time to respond to the consultation that was launched last October. It is particularly encouraging that some 88% of respondents supported the ban on the sale of ivory. I thank the environmental bodies represented in those responses, and those from the antiques trade, the music sector and others, for their constructive engagement and support. I have been particularly heartened to see the endorsement of our approach from conservation organisations such as the WWF, the Tusk Trust, the Zoological Society of London, the Born Free Foundation and Stop Ivory, among others. It is most welcome and sincerely appreciated.
That engagement and the level of support for our proposals has convinced us that it is right that the Bill sets out a strong ban to protect elephants in the wild from poaching, with only a very limited number of exemptions for ivory items that would not contribute either directly or indirectly to poaching. We believe that approach is both proportionate and, of course, robust, as it should be.
When I saw elephants in the wild during a very memorable visit to Tanzania in 1988, the African elephant population was estimated to be 600,000.
Sir David Amess
I have been listening very carefully to what my hon. Friend is saying. When it comes to the Committee stage of the Bill, will he look very carefully at what colleagues on both sides of the House have said and extend the ban to include, for instance, rhino horns?
David Rutley
We have already taken very strong action to combat the illegal trade in rhino horn. Other Members have also talked about the need to extend that to other ivory-bearing species—I will come on to that later if I can. Under clause 35, the Secretary of State does have powers to extend that ban if there is sufficient displacement. That is a delegated power and we will obviously take it very seriously. We can debate that more in Committee.
As I was saying, figures for the elephant population have moved from 600,000 when I visited Tanzania to just 415,000. That is a depressing decline of more than 30%. As many Members have said, we need to ensure that future generations will be able to see these splendid and iconic creatures in their natural habitats and not in captivity. We want future generations to be able to benefit from that.
We are taking positive steps that will lead the way in the global fight against elephants heading towards extinction. The Bill achieves that by banning commercial activities in ivory, which we define as buying, selling or hiring ivory; offering to buy, sell or hire ivory; and keeping ivory for sale. In so doing, we will put a responsibility on both the buyer and the seller, and capture the actions taken by the middlemen who facilitate or support the trade—for example, those advertising ivory illegally. Many hon. Members have mentioned their concerns about online trade, which the Bill seeks to tackle absolutely. However, it should be noted that the ban will not prohibit owning, inheriting, donating or bequeathing ivory that is currently permitted. That will extend to Northumbrian pipes, which my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) will be pleased to hear.
The Bill sets out five limited and targeted exemptions to the ban, including a de minimis exemption for items with low ivory content; musical instruments; portrait miniatures; sales to and between accredited museums; and items assessed as being the rarest and most important examples of their type. Those strictly defined exemptions were informed by the consultation and by fully examining global best practice. They have been carefully designed to cover items that, when sold, do not directly or indirectly fuel the poaching of elephants. A certification process is applied to the exemption for the rarest and most important items, while a self-registration process applies to the other four categories.
Finally, the Bill provides for the offences, sanctions and powers necessary for the enforcement of the ban. A mixed regime of criminal and civil sanctions has been applied, recognising that offences are likely to range in severity. Enforcement agencies are empowered by the Bill to ensure that those acting in breach of the ban will face the appropriate punishment. We remain committed to setting a high bar internationally on sanctions for illegal wildlife trade activities. As such, the maximum criminal sanction of five years’ imprisonment or an unlimited fine will be applied. That is in line with existing sanctions under the Control of Trade in Endangered Species (Enforcement) Regulations 1997. Those penalties rightly reflect the serious nature of the ban. The powers to enforce the ban will be conferred upon the regulatory body, the police and customs officials. Those powers are derived from the Police and Criminal Evidence Act 1984.
Let me move on to some of the issues that hon. Members have raised in this consensual and important debate. It is great to have the support that we have seen from across the House, including from my hon. Friend the Member for Mid Derbyshire (Mrs Latham) and the Chair of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish). We heard from Northern Ireland with the contribution of the hon. Member for Strangford (Jim Shannon), and from my hon. Friends the Members for Southend West (Sir David Amess), for Newbury (Richard Benyon) and for Walsall North (Eddie Hughes), with characteristic flair and commitment.
My right hon. Friend the Member for North Shropshire (Mr Paterson) raised a number of important points. I praise his commitment to this vital work and the contribution he made when he was Secretary of State. He raised concerns about the rarest and most important items. I reassure him that clause 3 is very much a framework, not a comprehensive list; further information will be given in guidance. He and the hon. Member for East Kilbride, Strathaven and Lesmahagow also suggested an annual register of the rarest and most important exempted items. We will happily look at how that data can be published, including by using the new IT system that will be developed to facilitate this task.
Members were concerned about online sales. The Bill captures and fully addresses that issue. As I said before, it will be an offence to facilitate a sale. Some Members mentioned how important it is to look at other ivory-bearing species. They included my hon. Friend the Member for Richmond Park (Zac Goldsmith), who has made huge contributions on this subject, and my hon. Friends the Members for North East Hampshire (Mr Jayawardena), for North Dorset (Simon Hoare) and for Bexhill and Battle (Huw Merriman)—my hon. Friend came up at the rear of the debate, but made an important contribution. Clause 35 will provide that opportunity. I would also like to reassure some colleagues, who have wondered whether the Bill covers Asian elephants, that it categorically covers both African and Asian elephants.
The hon. Member for Bassetlaw (John Mann) raised what he called the Elgin question. I can tell my hon. Friend—he knows why I call him that—that it should be called the Bassetlaw question, without a doubt. I will make sure that I get back to him in writing to address the question of whether ivory should be returned to a museum in a country of origin.
The hon. Member for Workington asked about funding for enforcement. The Office of Product Safety and Standards has now been confirmed as the regulator. It will have a vital role in working with the police and customs officials to tackle this very significant crime. We can talk more about that role in Committee, as I hope she agrees. The work carried out by the National Wildlife Crime Unit is also absolutely critical. She asked about funding for that work. I assure her that we are looking at that vital issue ahead of the IWT conference, and I am sure that the Secretary of State will be working on it with the Home Secretary.
Mr Jayawardena
I should declare an interest in relation to a visit I made to Sri Lanka. In Sri Lanka, much conservation work is done with Asian elephants. Currently, however, Sri Lanka is not eligible for aid funding. In line with what my hon. Friends the Members for Cheltenham (Alex Chalk) and for Richmond Park (Zac Goldsmith), among others, have said, will the Minister agree to look at how more aid funding could be allocated to supporting conservation efforts?
David Rutley
That is an important point. I am sure that the Secretary of State has been looking at it over recent months, and I will be happy to raise it as well and to meet my hon. Friend to discuss it more fully.
Mr Paterson
The Minister touched on the conference in October. As there is tremendous, overwhelming and, I think, unanimous support for the Bill, how quickly does he think he and his colleagues can get it through the Commons, through the other place, and on to the statute book?
David Rutley
That is a vital question. I have looked at my boss, the Secretary of State, and his look said it all: it will be at pace. I am sure that there will be the same commitment when we work with Members from across the House. This activity needs to be stopped, and it needs to be stopped very speedily. We will be playing our part in Parliament to make sure that that happens.
The hon. Member for Workington asked what actions are being taken to lobby other countries. Clearly, the IWT conference will be a chance to take that work forward. The Secretary of State and the Foreign Secretary are working very hard to make sure that this work is taken forward with other states around the world.
My hon. Friend the Member for Southend West confirmed his passion for protecting elephants, but it is also important to note that he confirmed that he is a national treasure himself—one that should definitely be preserved.
It has been a real honour to have been able to participate in this debate and to help to take forward this vital legislation on behalf of the Government, but also on behalf of my hon. Friend the Member for Suffolk Coastal. We do wish her a very speedy return to this House.
We want these proposals to be passed through the House speedily, but also to be implemented speedily to tackle the heinous crime of poaching. I am grateful to Members on both sides of the House for the support that they have shown for this Bill. I urge them to continue to demonstrate their support as the Bill makes progress through Parliament—hopefully very speedy progress, because that is what it definitely deserves. I know that through the media others will be watching what we are doing in this House. With the illegal wildlife trade conference in October, global leaders will be arriving in London. They will be able to look at what we are doing, and we will be able to demonstrate to others that we mean what we say on ending the trade in ivory. We hope that other nations will follow our lead by helping to close down their own domestic markets, and that this Bill will inspire them to do so. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Ivory Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Ivory Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 21 June 2018.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Rebecca Harris.)
Question agreed to.
Ivory Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Ivory Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred by the Secretary of State under or by virtue of the Act.—(Rebecca Harris.)
Question agreed to.
Ivory Bill (First sitting)
Tuesday 12th June 2018
(5 years, 10 months ago)
Public Bill CommitteesRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 June 2018 - (12 Jun 2018)
The Chair
Before we begin, I have a few preliminary announcements. Will people ensure that they switch electronic devices to silent? I remind Members that teas and coffees are not allowed during sittings. Time Witness Until no later than 10.25 am World Wildlife Fund; Born Free; International Fund for Animal Welfare Until no later than 11.25 am Stop Ivory; Tusk Trust Until no later than 2.15 pm National Wildlife Crime Unit; CITES Border Force team, Heathrow Until no later than 3.00 pm British Art Market Federation; British Antique Dealers’ Association; Philip Mould & Company; Music Industries Association; Musicians’ Union Until no later than 3.45 pm British Museum; Victoria and Albert Museum
We will first consider the programme motion on the amendment paper. We will then consider a motion to enable the reporting of written evidence for publication, and a motion to allow us to deliberate in private about our questions before the oral evidence session. I hope that we can take those motions formally, because we are a bit pressed for time.
Ordered,
That—
(1) the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 12 June) meet—
(a) at 1.30 pm on Tuesday 12 June;
(b) at 11.30 am and 2.00 pm on Thursday 14 June;
(c) at 9.25 am and 2.00 pm on Tuesday 19 June;
(d) at 11.30 am and 2.00 pm on Thursday 21 June;
(2) the Committee shall hear oral evidence on Tuesday 12 June in accordance with the following Table:
(3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 13; Schedule 1; Clauses 14 to 19; Schedule 2; Clauses 20 to 42; new Clauses; new Schedules; remaining proceedings on the Bill;
(4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Thursday 21 June.—(David Rutley.)
The Chair
I have been advised that the witness schedule on the Order Paper is incorrect. For the avoidance of doubt, the schedule in the order just agreed by the Committee is the correct one. We changed it slightly because of other events today, to ensure that the witnesses are dealt with appropriately.
The deadline for amendments to be considered at the first line-by-line sitting of the Committee was the rise of the House yesterday. The next deadline will be the rise of the House on Thursday for the Committee’s sitting a week today.
Resolved,
That subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(David Rutley.)
The Chair
Copies of written evidence that the Committee receives will be made available in the Committee Room.
Resolved,
That at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(David Rutley.)
The Chair
We will now hear evidence from the World Wide Fund for Nature, Born Free and the International Fund for Animal Welfare. Before I call the first Member to ask a question, I remind Members that questions should be limited to matters within the scope of the Bill, and that we must stick to the timings of the programme motion. Could the witnesses introduce themselves for the record and to check the sound?
Cath Lawson: My name is Cath Lawson, I am the chief adviser on wildlife at WWF UK.
Will Travers: My name is Will Travers, I am the president of the Born Free Foundation.
David Cowdrey: My name is David Cowdrey, I am the head of policy and campaigns at the International Fund for Animal Welfare.
Sue Hayman (Workington) (Lab)
Q
Will Travers: That is an important question. Context is important; we all feel that it is important that whatever other considerations there are for non-elephant ivory-bearing species, they do not blow this legislation off course or delay it significantly. We all share the view that it would be a tragedy, to put it in informal terms, if we worked really hard to save elephants and other species were collateral damage in the process. But we need to consider a number of species.
We suggest that the Government commit to a rapid consultation after the Bill, to look at hippos, narwhal, hornbill—which are also facing extinction because their bills are a surrogate for ivory—walrus and not just CITES-listed species but non-CITES-listed species. We recognise that the trade—particularly the legal one—is entrepreneurial and will move to wherever there is an opportunity. Species such as warthog could come into the frame very rapidly as interest in ivory shifts from elephants, which are getting a huge amount of attention, to other ivory-bearing species.
In summary, we would like real attention to be paid to the issue, but we want to make sure that that does not in any way delay this process. That would be detrimental to what is under way.
Cath Lawson: We endorse that opinion. We are happy that the Bill as it stands, which allows for consideration of other ivory-bearing species at a later date, is sufficient. We would be comfortable with Will’s suggestion of expansion to non-CITES-listed species, too, but our concern would be that to include other non-ivory-bearing species at this point would cause delays to the Bill. With the illegal wildlife trade conference in October, we are keen that the Bill moves quickly through the legislative process.
David Cowdrey: Again, I endorse what WWF and Born Free just said. There should be flexibility in the Bill to include other species in future, but at this time the focus should be on delivering for elephant ivory, which the consultation was about and where a lot of the research was. That flexibility should enable the inclusion of further species should they be exploited and should there be a need to add them.
Mrs Pauline Latham (Mid Derbyshire) (Con)
Q
David Cowdrey: I totally agree with that. We have all worked so hard to get to this point to deliver one of the strongest ivory bans in the world. The initiative that has been taken by all parties and the cross-party support shown on Second Reading have been superb, and there is an opportunity to provide that protection. As we said, as long as there is that flexibility, and consideration for other species, which can be applied in future, and as long as further consultations can be held and we can have those discussions, I would agree totally with that.
Cath Lawson: Yes, WWF would be happy to engage in that consultation process, but for it to be separate to passing the Bill.
Will Travers: Just for the Committee’s interest and information, we are talking about huge volumes of trade in non-elephant ivory. I have four figures that might be helpful. From 2007 to 2016—just under a decade—78,000 hippos and hippo products were exported by CITES parties. Hong Kong imported 60 tonnes of hippo ivory between 2004 and 2014. Between 2007 and 2016—those dates again—7,000 narwhal products were exported and more than 172,000 walrus specimens were reported to have been exported on the CITES trade database. Those are not insignificant by any measure—they are enormously significant. With that kind of volume now, as we have just mentioned, the shift away from elephant ivory could put insupportable pressure on these other species, which is why we would like to see an accelerated process for that after this process has been undertaken. That is a very helpful suggestion.
Kerry McCarthy (Bristol East) (Lab)
Q
Cath Lawson: From WWF’s point of view, I cannot comment on the legislative process but we would certainly want to see a consultation process around those species before inclusion in a Bill. That is why it needs to be a separate process.
Kerry McCarthy
Q
Cath Lawson: Similar to the process we have gone through for the Ivory Bill, looking at the impact of UK trade on those species, and implications further down the line in terms of limiting that trade.
Kerry McCarthy
Q
Cath Lawson: Yes.
Kerry McCarthy
Q
Will Travers: In trade.
Kerry McCarthy
Q
Will Travers: My understanding is that it is genuinely an alternative ivory that is used in decorative materials. It is used in inlays and in almost exactly the same way as elephant ivory is used except less so on the whole. Less so in a large carved tusk in the shape of little elephants, for example.
Kerry McCarthy
Q
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
Q
Cath Lawson: We certainly recognise the risk, and that is why we are comfortable with there being the option in the Bill as it currently stands for consideration. Our concern is about including them in the body of the Bill now and the delay that a consultation process on that would cause for the passing of the Bill.
Henry Smith (Crawley) (Con)
Q
David Cowdrey: For me, in relation to the legislation and its global impact, introducing one of the toughest ivory bans in the world will establish us firmly as a global leader. In Europe at the moment there are discussions about an ivory ban; on Second Reading there was a discussion about how our ban should act as a template for the European one. It gives us a good opportunity to push for a European ivory ban equal to, if not stronger than, the one we are introducing in the UK. Globally, that will have a massive impact on closing down those markets and the trade that is currently going from Europe to south-east Asia.
Concerning the United States and China, China is implementing its ivory ban very strongly at the moment and doing a very good job. It still has further to go; Hong Kong will be closing down in 2022, and we look forward to that because there is still trade going on legally there. The United States also has its ban, which is doing very well, but it has a federal law and state law, so it is much more complex to interpret. The UK could provide the template for the rest of the world.
Will Travers: I agree with everything that has just been said. I will point out that the UK does not have anybody whose livelihood depends on ivory, whereas in China there were individuals whose livelihoods depended on the ivory trade. China has taken that resolute decision, notwithstanding the fact that people’s livelihoods to a degree depended on it, to move out of it. That is important. It is complex in the US, as has been said, because of the federal and state situation, but the US has also taken resolute actions. The UK, having proclaimed that it would take action quite some time ago, is now in a position to reassert itself as a leader on this issue, not only on our own domestic front, but in the investment we make in supporting African countries in their efforts to tackle illegal trade. Just this morning, there was notification of another seizure by the Kenyan authorities in Mombasa.
It will be one of the toughest. It might not be the toughest—I believe that Taiwan, for example, has a full ban, which is coming in in very short order, with no exemptions and no compensation—but we will certainly be up there.
Cath Lawson: I very much endorse what has already been said and reiterate the point that with the October meeting of the illegal wildlife trade conference, the passing of this Bill would put the UK in an incredibly strong position to advocate to those countries that have yet to make commitments, particularly the neighbouring countries around China, where we risk seeing a knock-on effect of China’s ban.
Alex Sobel (Leeds North West) (Lab/Co-op)
Q
Will Travers: As far as I am aware, they cover only elephant ivory.
Simon Hoare (North Dorset) (Con)
Q
David Cowdrey: For the October illegal wildlife trade conference we have a global stage. Senior politicians and Heads of State will come to the UK, and announcing that we have on the statute book an ivory ban that is one of the toughest in the world will be critical as part of that global leadership. As for acting as a deterrent, we know that closing down markets alone will not stop the illegal ivory trade—it is an illegal trade and we need good enforcement measures to go alongside it. We have opportunities with the illegal wildlife trade conference regarding our own law enforcement. The National Wildlife Crime Unit is funded only until 2020, and that funding must be renewed and become permanent if we are to show global leadership in acting as a deterrent and having the correct law enforcement. The CITES Border Force team is our frontline of defence at Heathrow, and they are conducting training all over the world. When staff leave or posts become vacant they must be renewed because we must maintain that capacity to act as a deterrent.
As organisations, we invest—as do the UK Government —in anti-poaching work on the ground. This is not just about closing down markets or legislation; this is about enforcement and feet on the ground doing that anti-poaching work. It is a mixture of measures, but with this Bill the UK can show that global leadership of taking the right steps in the right direction. We know that the Government are also investing in a lot of work overseas by having troops going to Malawi, training rangers, and other overseas investments.
Cath Lawson: We very much endorse that. To ensure that the impact of the Bill is realised there must be sufficient effort to raise awareness of it, and sufficient support resource going to the implementation of enforcement. We must particularly seek long-term funding for the National Wildlife Crime Unit.
Will Travers: Yes, I would agree with all that, and I want to show the Committee something that may help understanding. The question was about what the Bill’s impact on poaching will be, and it is hard to make a direct correlation. However, we can have a direct impact on other aspects that relate to poaching. I am holding a piece of ivory and it looks antique to me. It obviously looked antique to half a dozen ivory dealers who looked at it and said, “Yep, that is pre-1947. We would be happy to sell it”. We had it DNA tested, and it is from about 2000. It is a modern piece of ivory—well, the ivory is from 2000 but the carving was done later. This must have come from an elephant that was poached in the past 20 years. The Bill will help to deal with that, and that is a direct link to poaching. It is very important.
Investment in wildlife law enforcement in Africa is really important. It is about boots on the ground, but also about agencies that prosecute people. It is about legal systems and ensuring that deterrent sentences are indeed just that and are effective, and that people do not get off with a slap on the wrist. It is about ensuring that law enforcement officers are properly trained and can carry out their duties effectively. The African Elephant Coalition includes 30 countries with African elephants that have worked together, united, to try to deal with this issue across international borders. I am sure future speakers will talk about the countries of the Elephant Protection Initiative, which are coming together under a common agenda.
My final point is that we need to step up and think about investment in a slightly different way. In my view, there is a common linkage with our clear objectives in overseas development, which are to deal with poverty and to provide opportunity. Those are also based on healthy and secure environments, including wildlife environments. Many of the ecosystem services that the poorest people in Africa depend on come from protected areas. If we are not investing in the protected areas where elephants and other species live, we are not doing a great service either to the species we wish to protect or to the people who live literally downstream from those protected areas.
David Cowdrey: One of the points that has been mentioned is that the Bill is about not only law enforcement but deterrence. There is an opportunity here to introduce a set of sentencing guidance for courts in the United Kingdom, to provide that information to magistrates and judges when prosecuting cases. We need appropriate sentences to be given for the crimes at the end of the day. Having the Bill on its own and having law enforcement is one thing, but we need good sentencing guidance to ensure that appropriate sentences are given.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Q
David Cowdrey: I attended the Partnership for Action against Wildlife Crime conference at Kew last week, and one of the questions I asked was about the growing issue of cyber-crime. Does the National Wildlife Crime Unit have sufficient resources to tackle the illegal wildlife trade online? Quite clearly that is something it would like additional resource for.
As Will said, these criminals are working in an environment where they can adapt and change very swiftly. The online market provides anonymity, as they can create false identities, so trying to prosecute them becomes much more difficult. Only yesterday we had the introduction of new guidelines on the control of trade in endangered species from the Department for Environment, Food and Rural Affairs, which was fantastic. They include a new crime if someone is advertising an endangered species on annexe A and does not have an article 10 certificate.
Steps are being taken, but we are always playing catch-up with these criminals. We need the resources to be able to prosecute them. That goes not only at the UK level but at international level, with Interpol and within the countries where these crimes are taking place on the ground with poaching.
Will Travers: One of the tools at our disposal is to make sure that the charges for the exemption certificates are sufficiently high. I know that it is meant to be a cost-recovery process, but they should be sufficiently high to make sure that the very limited number of exemption certificates that are applied for are not applied for in a frivolous way, so people are not applying for lots of exemption certificates, which would defeat the object. We need to come back to the core principles of what we are trying to do here and ensure that these exemptions are extremely limited. One way of doing that is to say that if you want an exemption certificate, it will cost—I will make up the figure—£1,000. I think people will think twice when they have to go through that process and fork out £1,000 but might not get the certificate at the end of the day. That is another mechanism that we should look at.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
Q
There has been some concern that the ban might lead to displacement to other countries, for example in the far east. You have addressed that to some extent in your comments. Can you reconfirm for the Committee that you believe that the ban will help and that the October conference could be an opportunity to start tackling concerns about displacement?
Cath Lawson: Yes, very much. We feel that we have had the opportunity to input into this process, and we are grateful for that—the consultation process has been very inclusive. If the Bill can be passed in time for the October conference, we can show that we have one of the world’s strongest pieces of legislation on ivory. We feel that it would put the UK in a strong position to work with other countries, particularly those neighbouring China: Laos, Thailand, Bhutan. There is certainly a risk of displacement from China to those sorts of countries, and this would help them move forward with their ivory legislation as well.
Will Travers: I totally agree. With regard to the voice, it was one of the biggest responses in the public consultation, showing the depth of public concern. It was generated not just by advocacy organisations such as those represented here and others; the public in general wanted to have their say. With regard to displacement, the fact that the Foreign Secretary is so invested in the issue—as was his predecessor—bodes well, because the FCO has a really important role to play in making sure that our position on this issue is well understood in the countries that were just mentioned. Although the Bill is about the domestic ivory trade, it is important that it does not become a domestic issue; it is an influencer far and wide, particularly in those countries that have yet to make their position as clear as they could.
David Cowdrey: I agree. We have been listened to and consulted well. The consultation run by the Ivory Bill team at DEFRA should be congratulated on doing a superb job. They have consulted far and wide, with a range of organisations, and constructed a carefully crafted Bill.
There is always a risk of displacement to other countries. The investment that is being made and the training that the UK can provide—not only through our armed forces but through our police services—is excellent. The Metropolitan police in the UK have developed an ivory fingerprinting kit, which is now being rolled out to over 18 countries globally. The British high commission in Mozambique has invited me back to do some training with rangers and ANAC, which is the national parks authority. That is a piece of frontline equipment that can help catch ivory poachers on the ground, and it will also be appearing at the IWT conference in October. Team GB have a huge amount to contribute to law enforcement on the ground, and can provide expertise, training and resources where displacement is happening. Those are good strategic opportunities for tackling some of these real hotspots around the world.
Will an ivory ban help? Yes it will. This is a really good piece of legislation that will provide that global leadership and that position. The opportunities you have within the European Union to get a strong ivory ban in Europe and use this as a template are critical. Every available opportunity should be used to push this across Europe via colleagues, so that we can roll out this ivory ban and get a global ban. This is what we really need in order to start tackling the trade. You have a great opportunity and I wish you well.
Liz Twist (Blaydon) (Lab)
Q
David Cowdrey: Additional measures have just been introduced in the Control of Trade in Endangered Species (Enforcement) Regulations. Anybody offering an annexe A specimen will need to display their article 10 certificate. That is a new requirement that we welcome. Enforcement is an issue. There has just been a major conference with Interpol in Lyon with law enforcement agencies from across Europe and the world, which was co-partnered with IFAW. It was looking at how we can tackle cyber-crime and where it is moving—again, it is the impact of Facebook closed groups, which are very difficult to penetrate, and also the dark web. An awful lot of further work and investigation is needed by global enforcement agencies, but also by our own enforcement agencies. We have to remember that this is a criminal activity, undertaken by organised criminal gangs using the same routes they use for other commodities, such as guns, people and drugs. It is the fourth largest illegal activity in the world. It is undermining communities and Governments and therefore needs to be a priority. Tackling this in any way we can, and especially online, is going to be critical.
As Will said earlier, these are criminal groups that will adapt and change at the flick of a switch. When one market closes, another one will open. They will use technology to the fore. Now, with our tenBoma scheme in Kenya, we are creating a network to defeat a network, which is critical. We are using the same intelligence software used to tackle poachers before they shoot the elephant, so we can anticipate where they are going to be and make sure the resources from the enforcement agencies are deployed. Enforcement online and on the ground, and using technology, is vital if we are to defeat the poachers.
Cath Lawson: We certainly agree that the online trade is very much a concern, but we feel that the Bill as it stands, and the exemption for what is specified—with some tweaks that I hope we will have an opportunity to talk about later—is pragmatic and sufficient to not pose a significant risk.
Robert Courts (Witney) (Con)
Q
David Cowdrey: Yes, I agree. With 20,000 elephants being killed every single year—around 55 elephants a day—this is poaching at an incredibly high, industrialised level. We saw in a three-year period between 2010 and 2012 approximately 100,000 elephants being poached. This is genocide for elephants on a vast scale. It is industrialised poaching to go to the markets. Something absolutely critical on enforcement is therefore needed. We need to acknowledge the scale of what is going on and the legislation needs to deal with elephant poaching urgently. Over the past two years, the work that the Government has done in preparing the Bill—gathering evidence about ivory markets and ivory poaching, and listening to people—has been absolutely critical in developing what we have in front of us today. So yes, we agree.
Cath Lawson: The urgency is because of the detrimental impact on elephants, but also because of the leverage value that the October conference offers. Having the legislation in place by then means we can maximise that leverage value.
Will Travers: I agree with both colleagues. I do not want to bombard the Committee with statistics, but one that always sticks in my mind is that Tanzania was regarded, for many years, as an elephant stronghold—it had the second largest elephant population on the continent. Yet between 2009 and 2014—in five short years—its elephant population fell from more than 100,000 to just over 40,000. That is 1,000 elephants poached every month for 60 months. That just gives you a sense of how once it reaches that kind of critical mass, once law enforcement has broken down to the level that the poachers are winning, the situation can go from hero to zero extremely quickly.
Robert Courts
Q
Cath Lawson: That is my understanding, yes.
Will Travers: I am not at all technical on this, and you know it far better than I do, but it seems to me that if we can get this through, with the provision that the Secretary of State can look at other non-ivory-bearing species and bring forward whatever measures he or she wishes in short order, then the consultation may be very short and serve only to verify the situation, rather than to do a long exploratory digging into it—in other words, just to verify the kinds of figures I gave you earlier. The Secretary of State can then come forward with secondary measures, which will hopefully address the issue very quickly. I hope that would be the sort of commitment we could count on.
Robert Courts
Yes, clause 35(2) would clearly allow the Secretary of State to bring forward delegated legislation. Can I focus on one other thing you said? That is to include ivory from an animal or species not, for the time being, covered by that subsection. You mentioned non-ivory-bearing species. Did you mean non-elephant?
Will Travers: I am sorry; I meant non-elephant ivory. I have mentioned warthog. At the risk of upsetting people who are concerned about a very small amount of Aboriginal use of walrus, that is really important, but so is mammoth ivory. We should at least be aware of the volume of mammoth ivory in trade. Recall that this is in trade. I have the import figures for the United States. They keep a close record of all mammoth ivory in trade, and I will just give you three years. This is only mammoth ivory carvings—there are lots of different categories— but in 2013 there were 5,049 mammoth ivory carvings and 773 tusks. In 2014 there were 19,335 carvings and 338 tusks. In 2015 there were 7,822 ivory carvings and 120 tusks. That is a not inconsiderable amount of trade in an ivory product that, in marketplaces in the far east, is definitely a surrogate for modern elephant ivory.
Anna Turley (Redcar) (Lab/Co-op)
Q
David Cowdrey: Those are all excellent points. The Bill will clearly close down markets in the UK. The more markets we close down, the more we deprive people of money and income. The price of raw ivory that was publicly for sale was $2,200 per kilo. After China introduced its ban, it went down to $1,100 and then down to $600. It is now about $450. There has been a massive devaluation in the price of raw ivory, making it a less viable option. Such things are incredibly useful.
With regard to help for communities, on Second Reading there was an interesting discussion in which Members talked about how some of the Department for International Development’s budget might be used. We have to consider a holistic approach. The communities are not isolated from poaching, and the impact of poaching on communities is not isolated from the illegal wildlife trade; they are joined up and hand in hand. There are good opportunities that exist with our overseas development budget to take a more integrated approach to delivering holistic aid and support and anti-poaching measures, to help build communities and tackle corruption.
The support with efforts through the DEFRA challenge fund grant, through DFID and the FCO’s interaction with other communities is also important. It needs to go hand in glove. This is a complex situation that you cannot just wave a wand or a Bill at. It is all part of a jigsaw that really helps, but our overseas aid is another part that we could potentially re-examine and look at, to provide better integrated aid.
Cath Lawson: The WWF would very much endorse that position. I do not think we need additions to the Bill, but we are supportive of wider conversations about looking at overseas aid for ecosystem-based funding, and looking at bigger-picture landscape approaches to some of the critical habitats where the illegal wildlife trade impacts on the survival of certain species.
Will Travers: I endorse everything that has just been said, and I totally understand that when it comes to spending the £13 billion or so a year in our DFID budget, in most cases we must be risk averse. However, for this sort of issue—I used this term before when I talked about it with Justine Greening three years ago—we need a sort of adventure capital fund. We need a modest amount of money with which we try innovative, new things on the ground or with partners, and try to deliver something that will change the game on the ground and speak to all the issues that have been raised, such as secure ecosystems, secure livelihoods, alternative livelihoods and food security at landscape level. Sitting right in the middle of that can be conservation. If the brief is whether we can make conservation work for communities and people, I think the answer is yes, but it needs not insignificant—although not huge—pump-priming to really get it going. That is where DFID, which is a completely different entity from the one we are talking about right now, could have a major role.
David Cowdrey: I agree about some of the technical developments and initiatives that the UK can take. I mentioned fingerprinting earlier, and across Africa most countries do not even have an electronic fingerprinting database. When we are dealing with international criminal syndicates and gangs, countries are not capturing the information, and they do not have the capability to share it with neighbouring countries. These are transnational crimes. We must consider how we can develop these countries in a way that provides practical enforcement and really helps them to develop.
We can help to defeat these international criminal syndicates, and simple investments that can be done through development grants or a challenge fund are really important. A national fingerprinting database for a country could cost as little as £60,000. Look at that as an investment and a way to help tackle corruption and crime, including not just wildlife crime but crime and terrorism. That has a massive impact across the world. In tackling the illegal wildlife trade, we must consider some of those simple enforcement measures that can make a game-changing difference on the ground for those countries.
Mrs Latham
Q
Cath Lawson: It is certainly something that we would be comfortable with. I mentioned an amendment earlier. At the moment the Bill includes CITES-listed species, but mammoth, as an extinct species, are not a CITES-listed species and never will be. One option would be to remove that caveat in the existing legislation, but that could be part of a later consultation process.
Sue Hayman
Q
Cath Lawson: During the consultation process, we did not advocate for additional species to be added. Our advice in the consultation response was to focus on elephant ivory.
Will Travers: We did comment on other species, and we did advocate that there should be consideration, which is what I believe clause 35 refers to. The definition of ivory in the Bill is ivory from elephant species. I understand why it is important to make sure there is consideration of other species, for which there has been no full consultation. We want to understand what is going on with hippo ivory, with narwhal ivory, with walrus ivory, with warthog ivory—non-CITES listed—and with extinct, non-CITES-listed mammoth ivory. There may be—I am just trying to think of the right way of expressing this—specific exemptions that would have been considered for inclusion specific to, for example, mammoth ivory that we would be discussing now had that been part of the overall process to start with.
Sue Hayman
Q
Will Travers: No, but we are rather hopeful that we don’t restrict ourselves to CITES species.
Sue Hayman
Q
David Cowdrey: The built-in flexibility under clause 35(3), and the opportunity for the Secretary of State to add, means you would not need to go through a consultation process. If we were informing the Secretary of State of a shift that has taken place in conservation terms with species that are coming under threat, there should be an ability to provide that evidence for action to be taken swiftly to add those species immediately within the Bill. That flexibility currently exists under clause 35(3).
In relation to the speed of the Bill, I hand it back to you as hon. Members. That is in your remit—your court. As an NGO, we would like to see this Bill completed and into legislation by October, prior to the IWT conference, so we can have a global stage to announce this fantastic piece of legislation. So I hand the ball back to you.
Simon Hoare
Q
The other thing, very briefly, is whether you have had a look at the enforcement regulations, as set out in later clauses of the Bill. Do you think they are about right, too lenient or top-heavy?
The Chair
May I ask you to be quite brief with your answers? I might be able to squeeze in one more question if we are quite rapid.
Cath Lawson: On the point about the definition of ivory, I am not certain whether mammoth would be included. One of the points we would be keen to raise is that there should be a very clear definition of ivory within the Bill. At the moment, it is referenced in a number of places, and one clear definition would be useful.
In terms of enforcement, we feel it is appropriate, but as mentioned previously there is a need for sufficient resourcing to ensure enforcement is carried out in full.
David Cowdrey: On definitions, I would look at other ones within the Bill. There is one in the explanatory notes, where it currently talks about “outstandingly valuable” and outstandingly high artistic and cultural value. When the document was originally published, and the Bill was announced on 3 April, it referred to
“the rarest and most important items of their type”.
It seems to me that there has been a change in some of the wording that was announced by the Government in terms of what has appeared in the Bill. We would strongly advocate that, when it comes to definitions, the words
“the rarest and most important items of their type”
are reinstated in the Bill to make sure that, if an exemption is given, it is only for these extraordinary items, rather than creating something which allows trade in something which is just of outstandingly high value, rather than
“the rarest and most important”.
We believe there should be tighter control under the definition of the Bill.
Cath Lawson: That is something WWF would also endorse. Similarly, around the portrait miniatures, we feel very much that, within the body of the Bill, there should be a definition of what constitutes a portrait miniature—a specification of a size and the fact that it is painted on ivory.
Will Travers: Briefly on the enforcement issue, I think the provisions are okay, but it depends how frequently they are applied at the most severe level. Our judicial system should be encouraged to take the strongest possible measures provided for under the Bill—hopefully, the Act—in order to serve as a deterrent.
David Cowdrey: On the enforcement measures for portrait miniatures, having a size definition would be really important. One that has been put forward is something having a height of less than eight inches and a width of less than six inches. I believe you are speaking to a representative from Philip Mould later today. Getting that definition of a portrait miniature, which they have been working on with the Victoria and Albert Museum, is really important to help with enforcement, because if you have not got some widths, dimensions and a description, how can you enforce the legislation? Having that clarity of enforcement is really important.
Luke Pollard
Q
David Cowdrey: Absolutely. It is absolutely critical, where you have an exemption—especially for these items where I am challenging the definition and it should be “the rarest and most important”—that we should be publicly accountable for what is being listed. We have been told that this is only for exceptional items—we are anticipating 75 to 150 a year. Having a public register and seeing what has been sold for what amount is critical. Having that posted as an annual report on the website, publicly available to everybody, gives scrutiny to the legislation and to the processes involved, so I would fully endorse that.
Will Travers: I couldn’t have put it better.
Robert Courts
Q
Cath Lawson: Yes. Mammoth and warthog are not CITES appendix-listed.
Robert Courts
Q
Will Travers: Yes, the casqued hornbill has been on appendix 1 since 1975, and it is facing extinction right now.
Robert Courts
Q
Will Travers: It is appendix 1, so there should be no trade.
Robert Courts
Q
Will Travers: Yes, that is CITES appendix 1.
Robert Courts
Q
Will Travers: No, it is traded as if it is ivory. It is an ivory surrogate, whereas rhino horn is not traded as an ivory surrogate— it is traded as rhino horn.
Robert Courts
Q
Will Travers: It is not dentine. It is not made of the same material, but it is traded as if it is ivory. It is regarded by consumers and treated as if it is an ivory product, although it is not technically an ivory product.
Robert Courts
Q
Will Travers: It should do. Of course, because it is appendix 1 on CITES, there should be no legal trade anyway. It should all be illegal trade. I guess one could argue that there might be some historical antique going back to whenever, but that should be covered.
The Chair
I am afraid that brings us to the end of the allotted time. I thank the witnesses for their evidence.
Examination of Witnesses
Alexander Rhodes and Charlie Mayhew gave evidence.
The Chair
We will now hear oral evidence from Stop Ivory and the Tusk Trust. We have until 11.25 am for this panel. May I ask the witnesses to introduce themselves for the record?
Charlie Mayhew: My name is Charlie Mayhew. I am the chief executive of Tusk Trust.
Alexander Rhodes: My name is Alexander Rhodes. I am from Stop Ivory.
Sue Hayman
Q
Charlie Mayhew: The short answer is yes. There must be a concern that the criminal syndicates that operate in this space might well be inclined to move to trade greater figures in hippo, mammoth, walrus and other ivory-carrying species. There certainly is that concern.
Alexander Rhodes: Of course, there is the risk that that will be a result of tightening controls on elephant ivory in this way. I feel strongly, however, that sending a clear message, as this does, on elephant ivory is critical at this time. Our colleagues have given the numbers beforehand. Particularly looking at the conference in October, the focus on elephants is very important. We are talking about trying to achieve a decrease in the killing of elephants by stopping ivory being traded. We must continue to focus strongly on the elephant ivory.
Sue Hayman
Q
Alexander Rhodes: Without a shadow of a doubt.
Charlie Mayhew: Absolutely. The public, in whichever part of the world, who ultimately buy ivory do not necessarily differentiate where that ivory has emanated from. We have an opportunity here, in introducing this legislation, which as people have previously said is one of the toughest bans in the world, to send a message that ivory should now be socially unacceptable. If we can try to use this legislation, particularly with the upcoming illegal wildlife trade conference and attendees coming from all over the world, the rest of the world should follow suit.
Mrs Latham
Q
Alexander Rhodes: Yes. Perhaps as a bit of context around that, it is interesting to note that the crisis that was recognised just before the last London conference came about because of the professionalisation of poaching. Illegal organised crime stepped in and added elephant ivory to its inventory because there was no legal international trade and there was an opportunity. That took place in circumstances where, internationally, there was confusion, and there was no common position on whether elephant ivory should or should not be traded—that rift had been in place since 1989.
Over the four years since the London conference, strong consensus has been built internationally that the ivory market should be closed. Importantly, that has taken the form of two international resolutions, one at CITES and one at the IUCN, that domestic markets for ivory—that is what we are talking about—should close, as should some of the other leading markets for elephant ivory, such as those in China and the US, and we are looking forward, beyond there, into Europe. That certainty about the illegality of ivory has significantly changed in the price of ivory.
When we started looking at this issue at the time of the first London conference, many people said that closing markets for ivory was a stupid thing to do, because all it would do is drive up the price. They said that destroying stockpiles of ivory, or locking them up so that they could not be traded into the market, was a stupid thing to do, because it would just drive up the price, and that the more scarce you make things, the higher the price becomes. Interestingly, David mentioned prices earlier, and the change that we have seen during this period, and the effect of the measure, has been that, in China, the price of a kilo of ivory between the time of the last London conference and now has gone from $2,500 to $450. In some African countries there has been a similar collapse in the price of ivory paid to gunmen. That wider context goes to the point about clarity on the legality, or illegality, of ivory.
I tend to agree with what Charlie said, which is that if you say, “Ivory is banned”—this is called the Ivory Bill, and the basis on which it was built was a commitment to close ivory market—that is pretty clear, and it falls within the international consensus that has been built on elephant ivory. My personal view is that, yes, it would make great sense to expand the Bill to cover mammoth ivory and other types of ivory for species that are threatened as a result of this trade. Such a measure would disincentivise people from going and killing those animals, whether they are doing it cynically for their own profit or because it is the only choice they have on the table—that is possibly something else we may discuss.
The real question in my mind, however, is whether, if we start trying to expand the Bill now, we will lose the effect that we can get, and the UK’s role in that momentum, which is already making a massive change. I return to what David said, which is that this is perhaps more your area of expertise than ours, but I think that is the balance to strike.
Mrs Latham
Q
Alexander Rhodes: I am not.
Mrs Latham
So us doing something like that would set a further example to the world.
Alexander Rhodes: Without a doubt.
Anna Turley
Q
Charlie Mayhew: I am certainly not an expert in parliamentary process and the legalities of this, but if there was a way of extending the reach of the Bill to include those species without delaying the process, and without there being a threat of judicial challenge from any area, then we would all love to see that happen. Perhaps the issue really is where that challenge would come from if you were to extend the Bill to the other species. Representatives from the antiques trade will be coming in later today, and although I am not an expert in the area of antiques, I am not sure that they would object to hippo or walrus being included, because I suspect that their interest is in antique elephant ivory. I might be wrong on that, but it would be worth investigating. The point here is that we do not want to see anything that delays the progress of the Bill. The international momentum on the issue is very real, and we do not want to do anything to slow the process down, not least because we are losing 55 elephants a day to this illegal activity.
Simon Hoare
Q
Charlie Mayhew: Yes, I think that is broadly right. It is quite clear that the Secretary of State and, indeed, the Foreign Secretary, who has taken a very keen interest in the issue, are anxious to have the Bill on the statute book—or very close to being there—when they host the international leaders here for the conference. Otherwise, we would find ourselves in a potentially embarrassing situation in which China will have stolen a march on us—thankfully, actually. It would put us in a rather weak position as the host of the conference if we say that we have not got our own house in order prior to the conference.
That is the balancing act here. As I have said, I do not know whether legally you have to have a consultation period in order to expand the remit of the Bill, but after listening to what has been said, that might or might not be the case. As I said earlier, where would the challenge come from if you were to expand it? We need to find that out.
Alexander Rhodes: I agree with that position. However one expanded it, it is important to leave clause 35(3) in, in order to be able to add further species over time, if necessary, even if the initial list was expanded in the Bill itself.
Simon Hoare
Q
“an animal or species not for the time being covered by that subsection only if the animal or species is currently listed in an Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.”
Would you prefer to see that caveat deleted, given that there may very well be some species that we may wish to take out but because they are large in number—a warthog has been cited—are therefore not covered by CITES?
Alexander Rhodes: Yes—I think the words from “only” onwards.
Luke Pollard
Q
You talked a lot about the October conference and just how important that is for the overall global effort against this activity. How powerful would it be for the UK to have introduced by that point a ban not only on elephant ivory trade but on other ivory trade? If banning elephant ivory is going to be such a big moment, would it not be an even bigger and better moment—an even larger cause of celebration—if we were also able to show in October that we have banned the trade in hippo, walrus and whale ivory?
Charlie Mayhew: Without a doubt it would send a very clear message to the world. It would also continue to show the UK in the lead on the issue; the UK was in the lead back in 2014, when it first instigated that conference. It would really help to focus minds at the conference on the need to put in place enforcement right across the world.
In addition, we hope to see at the conference further efforts to improve enforcement on the ground—we heard a little about that earlier this morning—and investment in tackling poaching. Since 2014 there has been considerable success in places such as Kenya, where poaching is probably down by about 80%, because they invested heavily in tackling the issue on the ground. It can be done, if there is the international will to get behind it and invest in the work.
Luke Pollard
Q
Charlie Mayhew: Potentially. It must have an influence when other countries see what we have done. Hopefully it would also influence our European colleagues, which is the next big prize for us. We want to see a similarly strong ban put in place across Europe.
Alexander Rhodes: My short answer to your first and second questions is yes, I think so. The second point I wanted to make about the impact of the London conference is just to re-emphasise the importance of closing the domestic market here in the UK for elephant ivory. The elephant protection initiative, which Will mentioned, was launched by five African leaders at the first London conference. We fostered and supported that initiative. The Government then supported the birth of that African-led initiative with funding through the challenge fund.
The elephant protection initiative is in two parts. The first part is to deal with the product, close domestic markets and put ivory stockpiles that have accumulated over time beyond economic use. The second part is then to deal with the animal. The proposal to deal with the animal is to implement the African elephant action plan. That is a plan agreed between all African states that have elephants. It addresses all the issues to do with the management of elephants alongside people. It deals with law enforcement and protected areas on one side, and human-elephant conflict and sustainable livelihoods on the other.
One of the great things that has happened since the first conference, and as we begin to look to the second conference, is the building of this international consensus to close domestic elephant ivory markets, as well as the collapse in ivory prices that we have seen alongside that. What that does in practice is relieve the pressure slightly on countries that have elephants and are trying to manage those elephants. It allows them then to focus more on some of the other issues, as well as dealing with illegal poaching and the interference of criminal gangs. It also allows them to focus on problem management, sustainable livelihoods and so on. Those things are obviously something that we would all come in behind on.
As we look to this next conference in October, the elephant protection initiative will form part of it. It is now 18 African countries strong, having started with five at the first London conference and having been supported by the British Government the whole way through. The focus at the conference will not only be on celebrating the push to close domestic markets, but very much on raising funding and applying funding under common national plans under the African elephant action plan. That is development funding as much as anything. Focusing on that as much as on what we were talking about earlier with elephant ivory more broadly will be critical in demonstrating the success of closing domestic markets in terms of the survival of the species.
Trudy Harrison (Copeland) (Con)
Q
Charlie Mayhew: I do not have that information, but I anticipate that that figure would be across most ivory, and you would see something similar reflected.
Trudy Harrison
Q
Charlie Mayhew: To the lay person, it is very difficult. If you walk into a market in Portobello Road or in Hong Kong, it is virtually impossible to tell the difference. It is certainly impossible to tell the age of it, as Will demonstrated with the piece he had.
Trudy Harrison
Q
Charlie Mayhew: Absolutely. That happens regularly. In fact, you only have to go to online markets to see people trying to pass off ivory described as “ivory-coloured bone” to get around the legislation. That is one of our big concerns, with regard to the Bill hopefully having a real impact in closing down online sales. That really needs to be looked at.
Trudy Harrison
Q
Charlie Mayhew: We have concerns about whether it will have the teeth to stop the online markets. That possibly needs to be looked at.
David Rutley
Q
The other point I raised earlier, which has not been so fully examined with this panel, was displacement, and what more you think we could do to stop it as the focus on ivory moves to the far east—whether the October conference will help, or whether anything else could be done.
Charlie Mayhew: First, I echo the comments of the previous representative of the NGOs. I think that DEFRA and the British Government have been extremely good at consulting with us all. We certainly feel that we have been very involved—as involved as we could be expected to be. That has been fantastic.
The 2014 conference saw the launch of the British Government’s illegal wildlife trade challenge fund. Tusk has been a beneficiary and has managed two very major grants under that programme that have had a significant impact on the ground. I urge the Government to continue to support that funding—if possible, to expand that funding. Only yesterday I had a report of a poaching syndicate that had been arrested as a result of some of the training that we had implemented under that challenge fund grant. We have also been working with the Ministry of Defence on the deployment of soldiers out in Malawi, which has been hugely successful and very welcomed by that Government.
The British Government have a significant role to play in using our expertise in various areas to help those countries—not only in Africa but, as was said earlier, in helping to clamp down on the trade in the far east. We should continue to provide as much support and funding as we can to eradicate this illegal trade, not least because it is known that the trade has been exploited not only by criminal syndicates but by armed militias, rebels and terrorists. This goes much further than just being a criminal activity; it really impacts on the security of many of these countries.
Alexander Rhodes: I would like to add my thanks to the Government, and to DEFRA staff in particular. The consultation has been run extremely carefully and we certainly feel that we have been well consulted. It seems that everybody has had an opportunity to put things in, as I think the public response demonstrates. The electronic means by which people could engage were heavily used by the public, in order to be involved in the consultation, so thank you very much for that. I endorse what Charlie said.
Dr Cameron
Q
Alexander Rhodes: Yes, I think so. There are a couple of parts of how the Bill works internally and we have put in submissions on that in writing.
Dr Cameron
What would you like to see?
Alexander Rhodes: First, it seems that the exemption certificates process needs to work hand in glove with the registration process. It would make sense, when one is looking at clause 10 on registration, for the Secretary of State to have to register an item under that clause if an application is made in the way envisaged in clause 10(1), and also on the issuance of an exemption certificate. That means that when an exemption certificate is issued, it is automatically put on to the register. Then I think the system ties up. Replacement certificates can be checked against the register much more closely because it is automatically part of the register in the first place. Everybody understands that things get lost from time to time, so I think it makes sense for there to be a provision for replacements, but if the exemption certificates automatically form part of the registration system, that will help.
Secondly, while accounting for data protection requirements, the register should be public, not least because if it is not, the Government are going to find themselves swamped with freedom of information requests, which we all know take up valuable time, money and resources. I actually wonder whether in the implementation, the technology may become more streamlined and efficient for the Government Departments that have to operate it. There was a question in the previous session about whether there were enough resources. Patently, one reason why the current system does not work is that the Government resources are too limited to operate it fully. If there was an electronic register and it was publicly available, that would help.
I will make one final point on this. As I said, these points are supplementary to the ones we have submitted in writing. There is some wording, if I can find it, that seems to envisage—if you have it, Charlie, maybe you will take the point?
Charlie Mayhew: In clause 4(5), we feel that more safeguards are needed for replacement certificates. As it stands, an item could have several replacement certificates, which could be used to sell similar items illegally. We are concerned that under clause 4(5)(b), someone could legally acquire an item but not obtain the certificate. A buyer should not be able to buy an item relying solely on the seller’s assurance that the item had a certificate but they do not have it any more. We suggest, as a minimum, the deletion of clause 4(5)(b), to avoid suggesting that dealing can take place without a certificate.
Alex Chalk
Q
Charlie Mayhew: If anyone had suggested back in 2014 that China would implement a ban there would have been disbelief around the table. The fact that they have gone to the extent of doing what they have done must be recognised and applauded. A great deal of credit goes to the Duke of Cambridge for the work he did on his visit to China and the conversations he had with President Xi on this subject. In that sense, the UK had significant influence in bringing about China’s ban.
We know that China is watching what the UK is doing; there has been plenty of evidence of that. By going ahead with the legislation we are proposing, we are at least backing up and endorsing China, which is the world’s biggest market for ivory. As was said earlier, we want to do everything we can to help China influence its neighbours; there is already evidence of the market displacing to some countries on China’s borders. It is good news that, although Hong Kong is working to a slightly longer timeline, it has indicated that it will impose a ban. Taiwan has done so as well, which is good. We need the other countries in the Asian bloc to follow suit; the UK taking this position now can only help to encourage that.
Alexander Rhodes: In terms of process, at a sub-governmental level we operate on the international stage in the same forums that Governments do at a governmental level—particularly, in this circumstance, through the CITES convention and IUCN. In terms of building international consensus, two international resolutions under the two international agreements stating that domestic ivory markets should be closed have been really important. The NGO community has been working closely, both together and with Governments, to try to build on and achieve those agreements, but ultimately, they are agreements between Governments.
As we look forward, although the market may close in China, there is real concern about some of its neighbouring countries. Those neighbouring countries need to come on board—first they need to agree that the domestic market should close, and secondly they need to do something about it. The UK Government will be in a much stronger position at the next CITES standing committee, and the run-up to it, if we stand shoulder to shoulder with other countries and tell them that that is what we think they should do, having ourselves passed this Bill .
Liz Twist
Q
Charlie Mayhew: This is not my area of expertise, but some of our statistics suggest that through the auction houses, 91% of ivory lots sell for £400 or less. That market in trinkets and small stuff is the sort of thing you see all the time on the internet, and often the descriptions will not say “ivory”—or if they do they will say that the ivory is pre-1947. You have to do a test on ivory at quite considerable cost if you really want to know whether it is pre-1947. There is undoubtedly a big online market, and it should be covered by this Bill. Such sales tend to be items that are 100% ivory and they will not fall under the de minimis exemption. The question is to what extent the Government and enforcement agencies can realistically enforce the ban for online trading—I am sorry; that is beyond my paygrade.
Alexander Rhodes: The UK domestic trade in ivory impacts on elephants because we are the largest exporter of ivory pieces to China. From 2010 to 2015, 36,000 pieces of ivory were exported from the UK to China. The next country by volume after us was the US, with just over 9,000 pieces. We play a big role in this, and almost all of that is mediated over the internet. To my mind, if it were possible the Bill should say that ivory may not be bought and sold over the internet because that would make it so much simpler for the enforcement guys. It makes it cheaper and easier. If someone is selling ivory online, that should be the wrong side of the line so that they can be chased down.
Liz Twist
Q
Alexander Rhodes: Yes. I agree with previous comments that the wording in the Bill does not quite reflect what was discussed in the consultation about the rarest and most important pieces of ivory. However, if a museum wants to buy a piece of ivory, which will necessarily fall in that category, it will not be buying it online. If a private collector is buying a piece that is of the rarest and most important type of its kind, they will not be buying it online. If you are buying a bit of inlaid furniture, you are unlikely to be buying it just online. You may see it online, but you are unlikely to be buying it online. The category of ivory that is traded online is the low-value Victorian stuff, which is being shipped overseas, where it contributes directly to consumer markets that are principally fed by modern, current ivory from elephants that are being killed as we sit in this room.
Under the current Bill, we can look at the provisions and enforce it for online trade. Fine. Why not just say you cannot deal in ivory online, which will make enforcement so much simpler? If one could achieve that, it would be the first prize.
Sue Hayman
Q
Charlie Mayhew: Absolutely. As part of this Bill—I believe DEFRA is planning to do this anyway—we need a significant awareness programme, not only for the judiciary but for the general public. That is essential. Educating the public, the judiciary and the enforcement officers is absolutely essential.
We very much hope that, in the same vein that DEFRA has consulted us to date, it will be willing to consult us on the guidance notes. I fully endorse that. There is a desperately increasing need to educate the judiciary in African countries on enforcing the legislation against the illegal wildlife trade, poaching and so on. In some countries, they are more advanced than others. We see how important it is that the judiciary fully understands the scope of this Bill and how it is going to be enforced.
Alexander Rhodes: It is interesting that a number of the African countries that are members of the elephant protection initiative and others have been working hard with support from colleagues to develop prosecution and sentencing guidelines for wildlife crime, in particular in relation to the ivory trade.
Sue Hayman
Q
Alexander Rhodes: Really importantly, it is something we can learn from and it is quite good that we can learn from what African countries have been doing in relation to that. Interestingly, we paid for it anyway. In the context of Angola, for example, where we are working at the moment, a challenge fund grant is paying for a programme of legislative reform review and prosecutor and judicial training.
Kerry McCarthy
Q
Alexander Rhodes: The purpose of this is clarity and certainty, so my preference would be for it to be straightforward. If it is ivory, you cannot sell it, and you cannot deal in it, online. To add a little context, you are right, of course. Not only are musical instruments with bits of ivory in them bought and sold online but some inlay furniture is also sometimes bought and sold online. However, it is the overwhelming minority of musical instruments or pieces of furniture that contain ivory of that kind.
My personal preference, for clarity and therefore for certainty, would be for it to apply across the piece. Of course, if it applied only to part of the piece, that would still be better certainty than its not applying at all.
Kerry McCarthy
Q
Alexander Rhodes: That is the opportunity of the Bill and of October. It is also the opportunity coming out of the broad consultation with musicians. We have had great conversations with them.
Kerry McCarthy
Q
Even in the future, I do not think that he would realise that there was a ban on him putting his guitar on eBay. I would not want people criminalised for doing something like that. You are not talking about people making huge amounts of money in the ivory trade; you are talking about somebody who just happens to have a product that has a bit of ivory in it. We will ask the Musicians’ Union what they think.
Alexander Rhodes: It is a balance.
The Chair
Are there any further questions? Okay. If there are no further questions, I thank our witnesses for their evidence.
Ordered, That further consideration be now adjourned. —(Mims Davies.)
Ivory Bill (Second sitting)
Tuesday 12th June 2018
(5 years, 10 months ago)
Public Bill CommitteesRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 June 2018 - (12 Jun 2018)
The Chair
We will now hear oral evidence from the National Wildlife Crime Unit and the CITES Border Force team at Heathrow. We have until 2.15 pm for this third panel. The air conditioning does not appear to be working so well today, so if people want to take their jackets off, feel free to do so. For the record, will the witnesses introduce themselves?
Grant Miller: I am Grant Miller, senior officer with the Border Force based at Heathrow, leading the CITES team that enforces the UK’s obligation to the convention.
Chief Inspector Hubble: I am Chief Inspector Lou Hubble, head of the UK National Wildlife Crime Unit. We work with police forces throughout the UK, supporting them in enforcement. We also collate and disseminate intelligence throughout the UK and internationally in relation to wildlife trade.
Sue Hayman (Workington) (Lab)
Q
Grant Miller: Our roles are quite distinct, which allows us to work hand in glove. The Border Force role is to disrupt the illegal trade—import/export—and trans-shipment of ivory through the UK. Our focus is largely on the export of our historically held ivory, which is traded over online auction houses and is then shipped predominantly to China and Hong Kong, but there is an emerging market in Vietnam for those goods as well. Border Force no longer has an investigation function; we hand all our intelligence from investigations to the National Wildlife Crime Unit with a view to it investigating those offences. So they are very much clear roles that allow us to work in partnership.
With regard to resources in Border Force, we have a dedicated unit that has been established for 30 years now and a team that is regarded as probably one of the best in the world at enforcing controls against the illegal wildlife trade. It is a team of 10 staff with national responsibility. We are, however, supported by every other uniformed Border Force officer, who has a basic level of skill in being able to identify animal and plant products.
Like every law enforcement manager, we could always use more resources and could always deliver more. However, what a small, highly focused team with clear objectives gives us is an easily moveable unit to actually address the changing risk. It allows us to be a lot more dynamic in addressing the risk and very flexible in moving from postal to air to maritime environments. At the moment, against the Border Force control strategy, our resourcing is adequate to control the threat.
Chief Inspector Hubble: When Border Force makes seizures of items being exported from the UK, it passes that intelligence to us. We collate that intelligence, develop it and research it to look at the number of items that people might be buying, selling or trading. We look at their associates. We try to map a network of people that they are linked in with, and ultimately we produce an intelligence package that goes out to a police force in the area where the person is committing the offences.
We have four officers who provide an investigative function to support police forces on the ground, and they work with police officers throughout the investigation: taking statements from witnesses, linking in with experts, compiling prosecution files, assisting with search warrants, and attending court to provide evidence. Due to our limited resource, we have to be really selective in what we deal with, so the number of investigations that we get where people are trading at a lower level would generally be sent to local policing to deal with. As a national unit, our focus has to be on those who are trading more and more products. Ultimately, that is where we can make a difference, linking in with the bigger players and those trading internationally.
One seizure by Border Force can result in months and months of investigation for us, and we can compile hundreds of intelligence logs from that one investigation. At the moment, we struggle to disseminate all that intelligence back out to Border Force, to close that loop, because we just do not have the resource to develop that. We have to be selective in what we deal with, but we certainly support Border Force in the work we all do on a day-to-day basis, and we welcome the introduction of the Bill.
Henry Smith (Crawley) (Con)
Q
Grant Miller: Chief Inspector Hubble and I were fortunate last year to do a training mission in South Africa for seven sub-Saharan Africans, in conjunction with the Chinese CITES management authority. During that workshop, the Chinese presented their comparative interpretation of the US ban and the Chinese ban and of the impact of these. It became evident that their view was that the Chinese ban was far more robust and had delivered closure of the trade. They felt that the US ban had left so many exemptions that the trade was allowed to continue despite there being a ban. If you accept their argument, we would like to see enforcement having to allow as few exemptions as possible so that the ban is, in reality, a ban on the ivory.
Henry Smith
Q
Grant Miller: From a Border Force point of view, we have two issues: establishing that it is ivory and then whether it is permitted. If those are identified, an offence has been committed. The more exemptions you have, the harder it becomes for the police to enforce.
Chief Inspector Hubble: I echo Grant’s comments. From an enforcement perspective, any Bill has to be enforceable; if not, it is just guidance. It is not legislation if it cannot be enforced. Within the Bill, we would welcome the minimum number of exemptions.
We also have some concerns that, as the Bill stands, we have to prove that it is ivory and that the person dealing in it knew, or ought to have known, that it was ivory. If you look on eBay at any given moment, you will find a number of items being offered for sale that are not labelled as ivory. From an enforcement perspective, if someone is buying something that is not labelled as ivory, and they are selling it as something not labelled as ivory, how do I prove they knew it was ivory? With the Bill as it stands, that, for me, is a real concern from an enforcement perspective. The onus should be on them to prove that they did not know, not on me to prove that they did.
Liz Twist (Blaydon) (Lab)
Q
Grant Miller: I do not think that a ban on trade is ever a good thing. The internet for me is cyber-enabled crime. It is merely a means to communicate better. The goods still have to cross borders. Canalisation is a customs tactic. Routing goods through set points is still a robust means to control the trade.
The online auction houses could do more to self-police. I think they avoid the issue. For instance, on the ivory listings we often see photographs of the ivory clearly showing Schreger lines, and questions have to be asked as to why someone is posting a photograph of Schreger lines. The other thing that has come up on listings on online auction houses is the weight of the goods. Again, when the trade first started to emerge, the weight was never shown. That now features on almost every single item. In effect, the ivory is sold per kilo. There should be better controls, but I do not think banning it completely is ever a good thing to do.
Liz Twist
Q
Grant Miller: It is misdescribed online. It is not sold as ivory; it is sold as ox bone. eBay has taken steps to say that ivory cannot be listed, but when individuals do not list it as ivory—“Chinese artefact” is another term that is used—how do you establish that it is ivory, and where do you stop controlling the trade and saying it is not allowed?
Liz Twist
Q
Grant Miller: From an enforcement point of view, our default position will be to go to the Customs and Excise Management Act 1979. The Bill establishes a prohibition on dealing ivory. That Act gives us far stronger enforcement powers and greater potential sentences—up to seven years and an unlimited fine. The Bill defines the offence, and I think it will give the police additional powers, but we would go for the “knowingly concerned” provision under the management Act. The Bill widens that slightly by referring to what a person should reasonably be expected to know. There may be some room for the Bill there, but from a Border Force perspective, the management Act provides us with all the powers we need to police any prohibition.
Chief Inspector Hubble: From a police perspective, as we have seen on eBay, if you ban the trade in ivory, people will not call it ivory. At the weekend, there were more than 1,400 items offered for sale on eBay as “bovine bone”. From the photographs of those items, I can see that a significant number of them are actually ivory, but it would not be practicable to issue a warrant for every single one of those 1,400 people selling ivory—we cannot achieve that. Some of them will be one-offs, where they have sold only one or two items; some of them sell it time and again as bovine bone. If they buy it as ivory and sell it as bovine bone, clearly they know it is ivory. If they buy it as bovine bone because somebody else has misdescribed it and they sell it as bovine bone, how do I prove that they knew it was ivory? I cannot.
Liz Twist
Q
Chief Inspector Hubble: I would love to have a dedicated cyber-team looking at this day in, day out, with real training and a focused effort. Lots of people in the NGOs we work with are doing work around cyber-related crime. We are in the process of setting up a cyber-working group to try to pull some of that effort and interaction together and to have that group as a priority delivery group alongside the priority delivery groups we have for the other six UK wildlife priorities. That is going to be a significant resource. I am not sure whether it is too big to manage, but we felt we had to do something to try to get people sitting around the table and working together.
Trudy Harrison (Copeland) (Con)
Q
Grant Miller: Yes, they have. Most recently, we and the National Wildlife Crime Unit did three training missions to Malawi. We first brought Malawian enforcement to the UK and then delivered three workshops out there, and they have adopted the UK model of having a wildlife crime unit to handle all the intelligence, with clearly defined roles. Our environmental security taskforce meets every six months to plan operational activity. The Border Force has trained in more than 50 countries globally—most recently in South Africa, as I said. We are doing work in Hanoi, Mongolia and Cambodia, where we hope to deliver in the next year. So yes, exporting our knowledge and working practices does go on and is proving successful.
The Border Force has also deployed 28 officers into Africa, and it is expanding a similar sized team in Asia to build general customs capability. Illegal wildlife trade will be one strand that is focused on. On World Environment Day a couple of weeks ago, an operation into illegal wildlife trade was run in Nigeria by UK Border Force officers. It identified eight dirty suitcases full of ivory that the Nigerian authorities had forgotten about.
Trudy Harrison
Q
Grant Miller: Elephant and mammoth ivory has distinctive markings called Schreger lines, and the angle of those lines will identify whether it is elephant or mammoth. Other ivory forms have very distinctive shapes or formations. For instance, hippo teeth tend to be quite triangular in shape, which affects the styles of carving and so on that can be done. We also deliver training, and all our officers have modules that teach them the techniques of identifying the five main types of ivory that we encounter at the border.
Trudy Harrison
Q
Grant Miller: If ivory is highly polished, the Schreger lines can become more difficult to identify, but again we generally have the skills within the team to do it. If we do not, we reach out to experts. We will predominantly go to the National Museum of Scotland and Andrew Kitchener, who will always provide expert advice, from an academic, about what we are looking for.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
Q
Chief Inspector Hubble: Our funding is committed until 2020, but beyond that we have had no formal indication that we will continue to be funded. That does cause concern. It is difficult for us to plan and commit to long-term strategies, and difficult for us to form business plans when in 20 months’ time we may not exist. It is difficult for me to keep my staff motivated when they have no job security—a whole raft of concerns are caused by funding.
Dr Cameron
Q
Chief Inspector Hubble: We act as a centralised hub throughout the UK to collate intelligence, and we work with all 43 police forces on that. I am sure you are all aware of the strains on modern-day policing at the moment, and dealing with ivory is probably not at the top of the list when they are looking at terrorism, child sexual exploitation, human trafficking, drugs and firearms. Ivory will not be up there with that, but as a national unit we can drive the issue and make sure that things are investigated as they should be with police forces. Without that central resource, it would very much be down to individual forces to decide what they do or do not deal with, and I fear that ivory may drop off the radar with some of them.
Dr Cameron
Q
Grant Miller: The Border Force is centrally funded through the Home Office, and CITES enforcement sits as a medium priority for Border Force. Because we are mandated to enforce the CITES regulations and the convention, we must exist to authorise and endorse the permits. There is no indication that the team is under any threat from Border Force management.
Dr Cameron
Q
Grant Miller: Certainly with the unit, and it is about the added value of our relationship with them. Border Force could exist and we would go out, detect and disrupt the trade. If we were to lose the unit, the capacity to then investigate and prosecute would be lost, but our key function would still continue, and we would detect and disrupt.
Mrs Pauline Latham (Mid Derbyshire) (Con)
Q
Chief Inspector Hubble: Would you like to ask Grant his question, while I ponder my response to that one?
Mrs Latham
Q
Chief Inspector Hubble: If we find somebody who is selling a few items, we would probably work with local police to go and educate that person rather than go for a full prosecution, because part of our work is about prevention. Ultimately, it is not about locking up the bad guys; it is about there not being any bad guys in the first place. If we can work with people and prevent them from committing crime, that has to be a good starting point. If we have low-level criminality, we would approach and deal with it that way.
We have an ongoing investigation at the moment, which I cannot talk too much about. We did a warrant earlier this year where we recovered a significant number of CITES specimens, including ivory, and we are continuing to push that forward. Watch this space for the outcome of that one. Our workload and work remit are significant across the whole spectrum of wildlife crime, from the really low-level individual to the significant traders making lots of money from the illegal wildlife trade.
Mrs Latham
Q
Grant Miller: No, we are not. The Bill, as it is scheduled at the moment, would list those items as prohibitions, and Border Force’s role is to secure the border against all prohibitions. So that would naturally fall into our remit, and we would be in a position to police that, if that was Parliament’s wish.
Mrs Latham
Q
Grant Miller: No, it would not be a problem.
Kerry McCarthy (Bristol East) (Lab)
Q
Chief Inspector Hubble: Yes, we would still have to prove that they knew it was ivory and that they had then mislabelled it, knowing that it was ivory.
Kerry McCarthy
Q
Chief Inspector Hubble: All the time that the burden of proof is on us to prove that they knew, that is difficult from an enforcement perspective. If the burden of proof was on them to prove that they did not know it was ivory, that would make enforcement much easier.
Kerry McCarthy
Q
Chief Inspector Hubble: Absolutely.
Kerry McCarthy
Q
Chief Inspector Hubble: That is because eBay banned ivory as a listing two or three years ago: eBay was openly selling ivory and an approach was made to it to say, “This is illegal, you cannot do this.” It took the ivory category down, so now people call it bovine bone or ox bone, but clearly it is still ivory.
Kerry McCarthy
Q
Chief Inspector Hubble: Absolutely. In general, we do not deal with the people who will apply for exemption certificates and who will register their items and apply for permits, because they are the responsible, law-abiding people. We deal with the ones who have a complete disregard for policy protocol legislation. We deal with the ones who are deceptive, who lie and who want to make money out of this. The burden of proof has to be manageable and has to be able to be enforced, otherwise it is not enforceable legislation.
Kerry McCarthy
Q
Chief Inspector Hubble: We have to apply a proportionate response to any investigation that we undertake, based on what they are doing, what they have done before and whether they are willing to engage through an education process or a preventive measure. All those factors determine the outcome and the sanction.
Kerry McCarthy
Q
Chief Inspector Hubble: Absolutely, yes.
Alex Sobel (Leeds North West) (Lab/Co-op)
Q
Grant Miller: Our ability to take cases and offenders before the courts would be impacted on greatly. We would be pushed into going out to each constabulary, looking for a supportive senior manager to take on an investigation on our behalf. If we were not able to find that, our activity would be just to disrupt and seize, and the threat would just continue. We share intelligence—we are very much a data-driven organisation—to get our targets and to know where we are working. If we do not get that feedback, ultimately we will become a self-fulfilling prophecy.
Anna Turley (Redcar) (Lab/Co-op)
Q
Grant Miller: We work very closely with Interpol, the World Customs Organisation, the United Nations Office on Drugs and Crime and the CITES Secretariat. In October last year, I took the chair of the Interpol wildlife crime working group, a global executive that co-ordinates and provides advice to the Interpol environment directorate on our activity. We are very well connected.
I am delighted to say that during the London conference on 10 and 11 October, we will host the Interpol wildlife crime annual conference, from 8 to 12 October. It will probably bring together in the region of 90 countries, to work through a five-day workshop along with civil society and academia, to develop intersessional projects that Interpol can work on to tackle the illegal wildlife trade. We are well connected.
We deliver training on behalf of the World Customs Organisation, in Operation INAMA, which is an African-based operation that assesses an organisation’s capacity to enforce the controls against the illegal wildlife trade. Border Force contributed heavily to its design and it is now moving on to the fifth country where the assessments will be delivered. Last month, 90 countries took part in a global operation called Operation Thunderstorm. Its results are embargoed until 20 June, but I can share with you that ivory exports from the UK were targeted, and we had some great successes. Those investigations are still ongoing with the National Wildlife Crime Unit.
Anna Turley
Q
Chief Inspector Hubble: Our role is to collate intelligence for people who are living outside the UK, and to disseminate it through appropriate channels to relevant countries. The National Wildlife Crime Unit sits on a number of working groups with Europol and Interpol to target the illegal wildlife trade. Last month, I went out to Vienna to speak at a United Nations Office on Drugs and Crime conference on how corruption facilitates the illegal wildlife trade. We work very closely with Border Force in delivering training in other countries to try to get that message across.
The Chair
Order. The microphones seem a little low today, and some colleagues are saying it is difficult to hear. May I encourage everybody to project and to articulate clearly? I am sure that will not be a problem for colleagues. A little louder, please.
Anna Turley
Q
Grant Miller: Border Force has a team of 10, and last year was our best seizing year. It was not good for civil society. In excess of 1,000 seizures were delivered during the year, across all commodities.
Chief Inspector Hubble: I have a team of 12. I have four investigative support officers working on the ground, supporting police forces, two analysts, three intelligence officers, one indexer and an office manager. I do not have the figures to hand for how many investigations we have been involved in, but every seizure that comes from Border Force will come to us. We also work across six of the UK wildlife crime priority areas. CITES is one of those priority areas, but we have a significant remit outside CITES, looking at domestic wildlife. Bats, badgers, bird of prey persecution, freshwater pearl mussels and poaching all sit within UK strategic priorities at the moment, and our work is split between all those areas.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Q
The Government have said that the Office for Product Safety and Standards will be the responsible regulator. How do you see your respective organisations interacting with that new regulator in this respect?
Grant Miller: We would look to engage with it very early on. In the UK, we have a body called the CITES priority delivery group, which brings together all the actors involved in this, and we would certainly look to invite it to sit on that. The contribution it can make is through intelligence. If it identifies goods that may be imported or exported, it must get that intelligence to us to enable us to target better at the border. Having another organisation involved in the fight adds more strength. We are looking at developing our productive relationship with it.
Chief Inspector Hubble: We would be keen to establish protocols very early on. The Bill gives it the authority to inspect premises and apply for search warrants. We are keen to ensure its activities do not jeopardise ongoing enforcement operations, so it is key that we all link together to ensure that, if we are looking at the same people, we have a targeted, focused approach to dealing with them.
Luke Pollard
Q
Grant Miller: I do not think there would be a great expansion for us. Many of the species that you could be looking at, for example, hippopotamus, etc., are already listed on CITES. If we were to see them on import or export and there were no permits, our action would still be the same to seize and refer.
If mammoth ivory or warthog, that have been mentioned, are brought in, we have the ability to detect them, but we are not taking any seizure action. We are almost doing half of it. We are detecting it, but we are not then building the case and making the referral. I think the increase in work would be marginal for us at the border.
Chief Inspector Hubble: The role of policing throughout the UK is to uphold and enforce the law and deal with those who break it and we will continue to do that. From an intelligence perspective, we currently do not have any evidence to suggest that the trade around those other species is of significant number to warrant anything. We have to look at priority species that we deal with. In CITES, we have a number of priority species that we look at that have been raised there either from a conservation perspective or from a volume crime perspective. We would have to be intelligence-led and guided by scientific authorities before we would be able to put them on the Bill, because we have to be intelligence-led as a police unit.
Sue Hayman
Q
I do not know how we tackle this. This may sound naïve, but I do not know the answers. Do you have the ability to do “stop and search” random checks on items being sold from eBay, for example? Is that something that the police can do? If you looked at something and thought it was ivory, would you have the power to go in and check it?
Chief Inspector Hubble: If the information is in the public domain and the item is being openly sold on eBay, we can take screenshots, get details of the seller of these items and our intelligence function would do some research with eBay to look at other items that they have bought and sold. We would start to build that intelligence package with a view to going out to police forces to get some enforcement action taken.
Sue Hayman
Q
Chief Inspector Hubble: The Bill provides for an offence of facilitating.
Sue Hayman
Q
Chief Inspector Hubble: The approach to eBay initially got ivory removed as a category. People are now selling it as all the things that you have just looked at, and eBay will argue that it has too many items to police each one of them. It has a legal framework in place and anybody who tries to take eBay to court for facilitating an offence under the Bill is a braver person than I am.
Sue Hayman
Q
Chief Inspector Hubble: I do not know.
Sue Hayman
Q
Chief Inspector Hubble: We would certainly welcome better self-policing and self-regulating by online auction houses with some responsibility on them for the items that they are making money from the sale of. I do not know how we do that.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
Q
To go back to the regulator for a minute though, do you both agree that having the regulator in place will help you with your work, because it will help to raise awareness of the new regime that will come into place, and because it will work with the antiques sector and musicians to help to improve compliance and assess compliance in future? Would that help you with your work?
Grant Miller: It would certainly help us. We have found the antiques trade to be very receptive. We have delivered training sessions to it on the rules and regulations, and generally, the larger auction houses have been keen to work with us and to drive the illegal trade out of their supply chain. An increased resource—another body—actually going round and delivering a prevention message, and helping and enabling an understanding of the controls, will assist us, but an awful lot of the illegal trade at the moment sits outwith the regular auction houses. It is private individuals who are sourcing ivory from car boots, house clearances and so on, and that illegal trade will continue. They have no intention of complying with any rules or regulations, so that market will continue for us to police.
Chief Inspector Hubble: From an enforcement perspective, we echo those thoughts about working with auction houses. We are regularly contacted by people within the industry for advice—for them to satisfy themselves that they are complying. Although it is good to raise awareness of an issue, ultimately that may result in increased reporting of it. Once the Bill comes into force, if a member of the public sees something on sale that they think is ivory, inevitably they will report it, which comes back to the issue of resourcing and how we deal with the potential increase in the volume of crimes that we will have coming in to us.
The Chair
If there are no further questions from Members, I thank the witnesses for their evidence and we will move on to the next panel.
Examination of Witnesses
Anthony Browne, Mark Dodgson, Emma Rutherford, Paul McManus and David Webster gave evidence.
The Chair
We will now hear oral evidence from the British Art Market Federation, the British Antique Dealers Association, Philip Mould and Company, the Music Industries Association and the Musicians Union. We have until 3 pm for this fourth panel. I invite the witnesses to introduce themselves for the record. I call David Webster first.
David Webster: Thank you very much. I am David Webster, the national organiser for live performance for the Musicians Union. We represent 30,000 musicians across the UK in collective bargaining and general representation.
Paul McManus: My name is Paul McManus. I represent the Music Industries Association, which is the trade body for the musical instrument industry that has been around since 1882 when it started as the Piano Manufacturers Association. We represent the shops that sell the musical instruments, the luthiers who make them, the manufacturers, the distributors and the music educators.
Emma Rutherford: I am Emma Rutherford. I am a consultant in portrait miniatures for Philip Mould and Company.
Mark Dodgson: I am Mark Dodgson. I am the secretary general of the British Antique Dealers Association, otherwise known as BADA. Our association is itself an antique this year—we are celebrating our 100th anniversary—and we represent about 320 of the UK’s leading fine art and antique dealers.
Anthony Browne: I am Anthony Browne. I am chairman of the British Art Market Federation, which is an organisation that was brought into being about 20 years ago to represent all the elements of the UK art market, whether it be principal auction houses, smaller auction houses or dealer organisations such as the British Antique Dealers Association.
The Chair
Thank you very much indeed, and congratulations to Mr Dodgson’s organisation. May I ask any Members who have a declaration of interest to make to do so now publicly, please?
Thangam Debbonaire (Bristol West) (Lab)
I received a donation from the Musicians Union at the last general election and the previous one. I want to put that on the record—it has been declared in the Register of Members’ Financial Interests.
Kerry McCarthy (Bristol East) (Lab)
I also received a donation from the Musicians Union at the last election.
Mrs Pauline Latham (Mid Derbyshire) (Con)
Q
Emma Rutherford: The suggestion of 6 inches by 8 inches for portrait miniatures—I have some with me, because it is always easier to show an object—is very sensible. I have three very typical portrait miniatures here, painted watercolour on ivory, which represent 80% of 18th-century portrait miniatures painted on ivory—this is the kind of size we are talking about. Six inches by 8 inches will cover 90% or 95% of portrait miniatures.
Mrs Latham
Q
Emma Rutherford: It is sometimes difficult to measure the actual miniatures because most of them are framed or cased, and we cannot get them out easily without damaging them. I would probably do it by sight of the ivory itself and not the frame, because the latter is probably unfair, given the differences in the scale of frames.
Mrs Latham
Q
Paul McManus: Correct.
Mrs Latham
There would be no new instruments with any ivory content, would there? When did that stop?
Paul McManus: We ceased in two real tranches: 1975 and 1989, when the two different types of element were made mandatory. That means that hundreds and hundreds of what we would class as vintage musical instruments are out there, belonging to musicians, and indeed representing their livelihood in many cases. But we ceased in modern manufacturing as the legislation came in. As an industry, we like to think that we have been very compliant with the right rules. We abhor the trade itself and have nothing but support for everything being done here, but equally passionately we support the exemption for these antique musical instruments that keep musicians in their livelihood.
David Webster: Absolutely. I cannot add to that. As we understand it, since ’89 there has been no use of ivory in the manufacture of accessories for instruments or of parts of musical instruments.
Mrs Latham
Q
David Webster: A musical instrument is a very personal item. For our members—musicians—it is probably the biggest investment they are ever going to make. In some cases, that investment needs to be of some value to them, for example if they need to retire due to ill health or they get to the end of their playing days and they wish to retire with some kind of dignity, which it is everybody’s right to do. The investment in that instrument is the most important thing they have. The ability to trade that instrument is the key to their being able to retire with some dignity and comfort, which is the right thing to do.
Mrs Latham
Q
David Webster: In terms of—
Mrs Latham
In terms of what they would pay.
David Webster: There is no one figure, but it is hundreds of thousands in some cases, tens of thousands in other cases and thousands in others. It all depends on the instrument, when it was made, who made it, its tonal qualities and who has played it before the current owner. You cannot pin it down to one particular price.
Mrs Latham
Q
David Webster: A Stradivarius. Some old and ancient cellos.
Mrs Latham
Q
David Webster: They might do. It might be in the bow. The very small amount of ivory in a violin or a stringed instrument would generally be in the tip or the frog of the bow, and it is a very small amount. There may be a little on the tuning peg. It could be an antique guitar.
Paul McManus: It can be pianos, too. In the 1960s, we had 40 companies manufacturing pianos in the United Kingdom. There are hundreds of old ivory-keyed pianos in circulation around the United Kingdom. They were made when other materials were not readily available. That all stopped back in 1975, but to take a good example, the largest piano auction house in the world is in the United Kingdom. It is called Piano Auctions Ltd. It sold nearly 500 pianos at auction last year, some 60% of which had old ivory keys. Frankly, it would not be in business if it was not selling them. The only alternative to the exemption—I know this would happen—is for piano shops to strip off those ivory keys, throw them in a bin and replace them with plastic ones. To me that would almost seem a double tragedy for the poor animal that gave up the ivory in the first place. Right down in the hundreds of pounds range, there will be an old piano that someone’s grandmother used to own that they are trying to move on to a school or whatever.
Mrs Latham
Q
Paul McManus: They can gift it, but lots of people are still trying to make some money from these products. There are hundreds of them around the United Kingdom. These are all one-on-one transactions. There is no trade here. These are just individual transactions between a musician and another musician. That is the way our industry works.
The Chair
Before I call Liz Twist, I want to say that members of the panel should contribute, even if you are not addressed by name, if you wish to. We can make this more interactive. If your contribution is relevant to the organisation you represent, feel free to make it.
Liz Twist
Q
David Webster: That is a concern, obviously, if the ivory was legitimately sourced and worked. So far as I understand it, for bagpipes it is the rings that go into the bit that comes out of the bag—I am not sure what you call it, but that is the part that has ivory. They could be affected, but if the ivory is old ivory—ancient ivory—and it has been worked legitimately since 1975, they might be caught up within the Bill. We are very happy with the Bill as it stands, and we would not like it to be changed unless there was a move to extend it to cover the instruments that you are talking about.
Henry Smith
Q
Mark Dodgson: We have looked at some of the figures from CITES; they have a database of exports of ivory. For example, in 2015 there were 1,200 CITES licences issued for items containing antique ivory going to China and Hong Kong.
Now, you need to bear in mind that the United Kingdom has—well, it was the second, and it is now possibly the third largest art and antiques market in the world. So, in the context of such a large entrepôt market and also in the context of so many cultural objects being repatriated to the Chinese—their ceramics obviously being the key one there—that number is actually not particularly surprising. I do not know specific figures for other countries.
Anthony Browne: What has happened generally in the art market in recent years is the rise of China as a major buyer for all sorts of works of art, so it is not particularly surprising that Chinese buying has had more of an impact in recent years than it had in the past. To some extent, it reflects that. It also reflects the fact that our history has meant that an awful lot of these objects that originated from China and Japan, and that came here, are finding their way back again.
Paul McManus: For our sector, it is practically negligible. I mean, we have nothing organised in collecting this to then sell it on anywhere. This is just individual musicians, as we said earlier, or the odd music shop here or there, but it is all sold within the UK—nearly all of it—because it is just a consumer-driven thing over here.
Emma Rutherford: For portrait miniatures, there is no market at all in the far east; there are no collectors there.
Mark Dodgson: Actually, that is quite an interesting point, because we find that there are a lot of western cultural items that contain ivory, or that are made entirely of ivory, that are of no interest to the Asian market. They are predominantly interested in their own cultural items.
Anna Turley
Q
Mark Dodgson: I think it is slightly difficult to give a quick answer to that one; we would probably want to speak internally about it. However, I have worked at the British Antique Dealers’ Association for more than 20 years, and my own experience is that I have not seen those materials—those items from those animals—incorporated in many objects. There is the concept of scrimshaw, but generally speaking—when I was watching the online broadcast of the earlier sessions, I heard someone suggest that ivory inlay from, I think, hippos was used in antiques. I have to say that in my experience, I have not come across that. I have asked a few people about that, and they are not aware of it.
Anthony Browne: I have nothing to add to that. No, I think I would concur with that. Ivory is the ubiquitous substance in the arts of the past, definitely, rather than these other substances.
Emma Rutherford: In portrait miniatures, it is elephant ivory and no other type.
Paul McManus: From our point of view, since synthetic materials came in, pianos have been coated with synthetic materials. The most another type of bone might be used for is repairing an old ivory key that had broken, but if that became banned—well, we would use something else.
Alex Chalk (Cheltenham) (Con)
Q
Anthony Browne: Yes, there are concerns, and I am glad you have mentioned this. The legal advice that was given to one of our members—I am very happy to make it available to the Committee—is that giving these powers to civilians is most unusual indeed, if not unprecedented, except where public safety considerations are in prospect.
The representative from the police who gave evidence earlier referred to their usefulness in making people aware of the legislation. We do not have an issue with that. The police and customs officers’ powers of entry, search and seizure are entirely in line with the Police and Criminal Evidence Act 1984, so again, we have no issue at all with that. We do have very serious reservations about the powers of seizure and so on, both in clause 17 and in schedule 1. I am not a lawyer, so I am somewhat out of my depth if I get into a detailed conversation about this. However, we have a memorandum that I am very happy to submit for consideration, if the Chair would find it helpful.
Alex Chalk
Q
Anthony Browne: That is one consideration, and we are not clear about that. Also, they have got these really quite draconian powers, which are not normally made available except in the case of dealing with public health, where there is a real public need to intervene.
The Chair
For the record, anyone, including distinguished members of the panel, can continue to submit written evidence through the parliamentary website with a reference to this Bill.
Kerry McCarthy
Q
Paul McManus: Let me be very honest: we are extraordinarily grateful that this exemption has been considered at all. The vast majority of instrument manufacture involving ivory ceased around 1975. There was some continued use of ivory, with the other ivory that was not brought into enforcement until 1989. While it would be tempting to say “Can we have a bit more, please?”, if I am totally honest, we were so delighted with the proposal as it stood that, considering it would catch the vast majority of instruments, we did not want to appear over-zealous in our presentation to you.
Kerry McCarthy
Q
Paul McManus: It is a challenge. As an industry, we have been dealing with the rosewood legislation that CITES brought in last year. Nearly every guitar is made with rosewood, so we have had to try to educate an entire industry that makes guitars—both here and overseas—and every musician buying or selling a guitar, about the fact that rosewood is now a protected product. It is tough; I will be honest with you.
I suspect that ivory will rise to the top in awareness quicker than rosewood did. We have had to use every communication channel we can. We have gone to special Department for Environment, Food and Rural Affairs meetings in Bristol to educate the whole industry and take our members to it. Back to the online platform debate—to be fair, some of the online platforms have now been putting up information saying, “If your guitar is rosewood, you need to be aware of x, y and z,” as they have done with ivory. It is a challenge, but we just have to do everything we can to communicate this. There are so many platforms that people can buy and sell through.
Kerry McCarthy
Q
Paul McManus: Every instrument will come to less than 20%. A piano is 3%, because of the total volume of the product the ivory keys are 3%. There are a few instruments, such as accordions, that will get into the double digits, but nearly 99.99% will come under 20%. It will not be a problem in the percentage; it will be the article 10 provisions that you have to—
Kerry McCarthy
You would think a light would go on in the head with a piano, because everyone knows that the keys are made of ivory. As David mentioned, if you have a smaller instrument in which a tiny bit of the bow is made of ivory, the issue is how that is even flagged up.
David Webster: It is difficult. You might find that on a banjo, for example, the fret board has a bit of ivory on it, or the tuning peg. As far as registration is concerned, the Bill refers to a fee for registering the instrument, to be set by the Secretary of State. We would ask that the fee be waived for professional musicians, who generally do not earn a large amount of money. They might spend many years doing various jobs, but they do not earn a huge pot. Their major investment is their instrument, and we would not want to see them pay a large fee to register it in order to be able to trade it.
Kerry McCarthy
Q
David Webster: It is not in the Bill. It is “as prescribed” by the Secretary of State.
Kerry McCarthy
No ballpark fee?
Paul McManus: A CITES article 10 is normally about £30, but the registration might be separate from that.
David Webster: These are working musicians and the instruments are the tools of their trade. It is an important distinction. This exemption is welcome because it really does recognise that these are working instruments, tools of the trade, and a cultural heritage as well as what the musician needs in order to do their job on the world-class platforms we have in the UK.
Kerry McCarthy
Q
David Webster: I think it would cause a problem for musicians, yes. If there was a total ban on selling instruments online, you would have to travel in order to have face-to-face consultations. Musicians generally know what they are selling when they sell their instruments. An online sale facilitates musician-to-musician instrument selling, and an online ban would not help at all as far as our members are concerned.
Kerry McCarthy
Q
Paul McManus: Yes, and the problem is that the minute you say something cannot be done online, people get around it. You can buy a gun bag on eBay with a free gift inside it, because you cannot sell guns on eBay. People will get around it. David is right; a lot of musicians need to talk to other musicians around the world about their products. If it has been promised to a guy in America for 10 years, it will be done online.
David Webster: If it is a serious sale, they will be able to see it online and pay for it online, but they might want to actually try it out. When you buy an instrument, it is not just the instrument; it is also the ergonomic feel within the body and the tonal quality. Collectors might want to buy online and that would affect them, but the professional musician will always play the instrument before purchasing it.
Trudy Harrison
Q
Paul McManus: There are a few, and they come under antiques. We saw a lute that had nearly solid ivory plating over the whole thing, but that was pre-1947. It dated back to the 1800s.
Trudy Harrison
What about post-1947 musical instruments with more than 20% ivory?
Paul McManus: There are virtually none. The most we could find was an accordion that was laden with ivory, but it still did not make 20%. We have some parity here across the ocean with the Americans, which is always a good thing. As far as we can see, the 20% de minimis would catch everything.
David Webster: When we went to our members and asked what they had, generally speaking they were things like bagpipes with ivory mouths, bassoons with an ivory ring at the top, cello bows and other stringed instrument bows, flutes with ivory caps, ivory screws and so on—very small amounts when you consider the entire instrument. Nothing really jumped out at us.
Trudy Harrison
Q
David Webster: But then you would destroy the instrument.
Paul McManus: You would also destroy the ivory by taking it off, frankly.
David Webster: You would pretty much have to destroy the instrument to carbon date the ivory, which is why we welcome the self-declaration part of the registration. We think that is a very sensible move, and we welcome that. Sometimes you have to destroy the instrument in order to carbon date, and that would be a great shame.
Trudy Harrison
Q
Paul McManus: You would nearly always break the ivory when taking it off the product.
Mark Dodgson: Most inlay that features on anything, such as the thin slither on a piano key, is very unlikely to be capable of being reused or exported. We have had this discussion previously. Objects with small, thin slithers are of no use to anyone who wants to use them further.
Dr Cameron
Q
Anthony Browne: The proposals on certification are very sensible. They deal with all the eventualities quite well. I have to say that this whole certification system grew out of discussions that we have had for a very long time with DEFRA officials and with NGOs, and it is very robust as it is. It will apply to a small number of very recognisable and unique objects, which is really why it will be effective. It is analogous to all sorts of licensing systems in that respect. The proposals for replacement, re-registration in the event of a transfer and so on, seem to me to be eminently sensible.
Mark Dodgson: The only thing I would add to that—I agree with everything that has been said—is that there should be some facility for someone to check whether a certificate is genuine, perhaps online. Likewise, in the case of registration, I wonder about online purchasers. It is not clear to me from the Bill whether a buyer will have the opportunity to check through DEFRA whether a particular registration has been made.
Dr Cameron
In terms of the documentation?
Mark Dodgson: Yes, I am talking about the items that are registered under clause 10.
Dr Cameron
We heard concerns about duplicate certificates. Is that not something that—
Anthony Browne: I would not have thought that would necessarily be a problem. You get a duplicate certificate if you lose one, I think—there is a provision for getting a replacement one.
Dr Cameron
Q
Anthony Browne: One would have to ask the people who administered that, but I do not think the provisions in the Bill are weak. They should be workable, just like issuing any paperwork.
Mark Dodgson: The certificates are in respect of the most distinguished objects. They are all unique, and they are not likely to be easily muddled up with something else. If the concern is that they could be mixed up with other objects and used for other objects, I think that is unlikely.
Anthony Browne: If I may, I will add something to this. Certification is straightforward, because you are dealing with objects that are unique, rare and important, so there are not likely to be lots of them. I do have some concerns with the registration requirement for the de minimis objects. There is a sort of Catch-22 built into the de minimis. The Government have opted for 10% by volume. We argued for a higher percentage, in common with other countries, but the Government took that decision—so be it.
What the registration of objects will mean is this. There are quite a number of common or garden, utilitarian objects—many of your constituents probably own them if there has been a death and the house has been cleared—with minute amounts of ivory in them. They are by no means unique objects: they are Victorian or Georgian chests of drawers with tiny ivory lock holes and that sort of thing. There is no indication as yet what the cost of registration will be—one of you asked about that—but it could make selling such things completely uneconomical. The managing director of Lyon & Turnbull in Edinburgh sent me an email making that point. They are frequently asked to clear out estates when people are downsizing or moving house.
In the future, families who want to sell such things will be faced with two options. If there is something that looks like a small bit of ivory, it falls within this Bill, although it is well under the de minimis. If the cost of registration is more than negligible, the family is very unlikely to want to do that as it will simply not be economical, particularly as they do not know whether the object will sell. It could lead to an awful lot of objects with small amounts of ivory, which are reusable and recyclable and can be used again instead of buying new furniture, ending up in landfill because people cannot register them because the cost is too great. Even if they do register them, they are by no means unique, so what will the register do to help? I do not see how the register helps with a chest of drawers that looks identical to thousands of its cousins. Our concept was always that if an object is below the de minimis, it should be saleable—straightforward. If you sell something above the de minimis because you get it wrong, you are liable to criminal or civil prosecution, which is as it should be.
The registration of de minimis will do two things. You will simply deter people from registering, and then these objects will be destroyed or mutilated, as people try to hack the bits of ivory off—what is the point of that?—or they will just end up in landfill. I do not think this is a sensible aim. I wonder whether the Committee could look at this again. I do not think it would weaken the Bill in any shape or form. It would still be very easy to police, as it is a very low de minimis, and it will be completely apparent whether an object contains more or less than 10%. The penalties exist, and so on and so forth. It will prevent a lot of things that can usefully be used again or bought by the next generation from being used in that way. I do not think doing this will undermine the objective of the Bill at all. I just suggest that as a point that has been made to me.
Sue Hayman
Q
Anthony Browne: Yes, I quite agree. I think the 10% means that it is pretty straightforward, but because of the penalties people will always err on the side of caution. We were very pleased that the Government chose volume, rather than weight, which is notoriously impossible to judge—volume is a sensible way of approaching it. As I said at the beginning, we think 10% is rather low, but we live in the real world. I do not think 10% by volume will be impossible, but people will err on the side of caution, so I would have thought that you will probably not get people rubbing up against the maximum and risking criminal penalties.
Mark Dodgson: Members of the British Antique Dealers’ Association were quite surprised at the 10% and the way it was set. We could not quite see from the documentation in the consultation why 10% had been chosen, versus perhaps 30% or 40%. Just so that you are aware, because the 10% is proposed to be set in that way, items such as a silver teapot—this is a Georgian silver teapot with an original ivory handle—
The Chair
Order. Although this sitting is being televised, it is not particularly regular for Hansard to have to describe artefacts. Given that this is perhaps a unique circumstance, could you briefly describe it for the record?
Mark Dodgson: Yes, I am showing an image of a silver teapot with an ivory handle. Sorry, Chairman. The point is to make it clear that this is the type of object that, set at 10%, would fall above the de minimis. It would be fairly straightforward to identify that as being more than 10%. My members are very concerned that the only other exemption that the teapot could attempt to meet would be the clause 2 exemption. The query among our membership is whether objects of that nature would actually meet the clause 2 requirements.
On the point about estimating the proportion of ivory, 10% for some items is all right. For inlaid objects it falls right in the middle of a series of smaller objects with ivory inlay, such as Indian Vizagapatam boxes and so on. It would be quite difficult for dealers to work out which side of the 10% they are on.
David Rutley
Q
Anthony Browne: The sense I get, having talked to EU colleagues, is that they are arguing for a much less stringent ban than the Bill adopts. If that happens, there is no doubt that, as far as the decorative arts are concerned, markets in Europe will inevitably be more attractive. That is the inevitable consequence of legislating in this way. With regard to whether the UK’s lead will be followed by the European Union, you probably have a better idea than I do. I think there is no doubt, as the preamble and explanatory notes to the Bill say, that what is proposed is one of the most stringent restrictions anywhere in the world.
Mark Dodgson: From my experience, I too think that continental people in the trade would resist the level of restrictions suggested in the Bill. People need to be aware that on the continent, until recently, ivory tusks have been exported. Germany still has ivory workshops. We are already a long way ahead of those countries anyway.
David Webster: I was talking to some musician colleagues at a social dialogue in Brussels yesterday and shared with them the content of the Bill, and they seemed very impressed by it. Yes, we would hope that the UK’s lead would be followed. I spoke at the consultation conference last December on behalf of musical instruments, along with our colleagues from the International Federation of Musicians.
Paul McManus: Similarly, we have communicated with all the equivalent trade bodies around the world about where we are. Everyone in the musical instrument industry has been rather impressed by what the UK is proposing, as being pragmatic, sensible and proportional. We have nothing but praise for what has been done so far.
Emma Rutherford: For portrait miniatures, my colleagues in Europe just hope that they follow the UK’s lead and grant portrait miniatures an exemption.
The Chair
As there are no further questions, I thank the witnesses for their evidence. We will now move on to the next panel.
Examination of Witnesses
Hartwig Fischer, Dr Antonia Boström and Anthony Misquitta gave evidence.
The Chair
We will now hear evidence from the British Museum and the Victoria and Albert Museum. We have until 3.45 pm for this session. Could the witnesses please introduce themselves, for the record?
Dr Boström: I am Dr Antonia Boström, director of collections at the Victoria and Albert Museum.
Hartwig Fischer: I am Hartwig Fischer, director of the British Museum.
Anthony Misquitta: I am Anthony Misquitta, general counsel and secretary to the board at the Victoria and Albert Museum.
Mrs Latham
Q
Hartwig Fischer: I am confident that museums in Great Britain and universities have enough experts to be able to deal with these questions and to come up with very sound judgments on the aesthetic or historical cultural significance of any object.
Dr Boström: I concur with that. We have world-renowned experts at the Victoria and Albert Museum in the history of ivory sculpture and objects.
Mrs Latham
Q
Dr Boström: We already have an opinions service, which is a public-facing service. Each curatorial department, on the first Tuesday of the month, has a public opinion session. We would certainly be able to offer the service through that. Whether a more robust service beyond that is needed, and what that might be, is one of the discussions that is on the table, I think.
Hartwig Fischer: In view of the importance of what the Bill addresses, I think provision should be made for those experts to give expert advice. There is an investment of time and expertise that should be covered, because it is during working hours.
Kerry McCarthy
Q
Anthony Misquitta: As museums, we are not in the business of selling. We are not really entitled to sell. Once an item enters the collection of a museum, that is normally it. The term we use is de-accession and we have very narrow powers to de-accede. Certainly, once it is in the collection, we are not in the market to then sell it back into private ownership. Normally—99.9% of the time, and probably more than that—when it enters a museum’s collection, that is it forever.
Kerry McCarthy
What about acquisition?
Anthony Misquitta: An example could be a musical instrument with more than 20% ivory content, of which we have some. We have some that are almost 100% ivory.
Dr Boström: Or a piece of furniture.
Anthony Misquitta: Or potentially a piece of post-1918 art deco furniture, for example, that is of significant cultural value.
Sue Hayman
Q
Hartwig Fischer: I would be very surprised if any of those institutions breached the law. We have extremely strict procedures in place for due diligence on provenance. Before any object enters our collection, it goes through many filters and is closely monitored. My understanding is that it would be exceedingly difficult for any of these institutions to do this. It is unlikely that something like this would happen inadvertently. It would be most exceptional for something like this to happen. I am very confident that these institutions are extremely conscientious when it comes to acquiring objects.
Anthony Misquitta: There is a very strict accreditation regime for museums in this country. Accreditation is by Arts Council England. Where a museum falls foul of those very strict rules, it loses its accreditation and that is catastrophic. It loses its Government indemnity scheme, it is unable to loan to or receive loans from other museums, and its charitable status is thrown into jeopardy. There are a number of checks and balances in the accreditation regime.
I will not say that museums never break the rules, because it is a very tough climate for museums—not the likes of the museums before you, but it is a difficult period for regional museums. Sometimes they are faced with the stark option of selling an item or closing, for example. They might sell an item and run the risk of losing their accreditation, but it is not something that they would do lightly and it is devastating if they do.
It may be necessary for the Arts Council to think about adding reference to this legislation to its accreditation tests.
Sue Hayman
Q
Anthony Misquitta: I think so. I am talking off the top of my head, but that is a possible answer.
Sue Hayman
Q
Trudy Harrison
Q
Dr Boström: According to the criteria that are set out here?
Trudy Harrison
Yes.
Dr Boström: It had not occurred to me. I assumed that we all speak as one. I imagine that there would have to be a quorum.
Trudy Harrison
Q
Dr Boström: Absolutely. I think the basis from which we all begin is as one on criteria. There might be a difference of date—1540 or 1545, for example. Some scholars like to get into the details, but I think difference would be more on that basis than on the general principles that we would abide by.
Anthony Misquitta: The Waverley Committee decides on whether an item qualifies for an export licence. I am not aware of the extent to which they differ in their views when they consider whether to allow a licence, but I think their procedures are robust. I envisage that, whatever committee is chosen for the purposes of ivory, it would adopt a similar framework and governance to the Waverley Committee, which I understand is effective.
Dr Boström: It is very effective in its checks and balances and decision making by committee on the advice of an expert.
Anna Turley
Q
Dr Boström: Yes, I am. I believe that, as Anthony has outlined, it would be rather like the way we act as expert advisers to the export licence committee through the Department for Digital, Culture, Media and Sport, based on the expertise we have among all the national museums. These export licences are shared across museums according to the expertise in place, so it would be absolutely directed to those experts in ivory—ivory carving or musical instruments—and the expert would pronounce on that. I have no doubt that the expertise would be in place.
Hartwig Fischer: Museums are responsible for collecting only what is really significant to deliver their mission, and we all have limited space. I think the criteria are robust and we can work with them because we have worked with them all along. It would be the ambition of any curator or museum person to get just what is really significant for the collection—that is to say for the public in the end, and for future generations to learn about the past.
Liz Twist
Q
Dr Boström: I would say that that ties in exactly with the way that the export licence procedures have prescribed institutions, experts and advisers. I imagine it would be largely along the same lines, so that seems perfectly reasonable.
Anthony Misquitta: As Antonia has mentioned, there needs to be a degree of flexibility in the definition, because depending on the nature of the object—musical instruments would be different from furniture—a different set of experts will be required. I would therefore welcome a degree of flexibility, and some guidance—I hesitate to say further secondary legislation—from DEFRA as to how the prescribed institutions shall be constituted on a case-by-case basis would definitely be helpful.
Alex Sobel
Q
Hartwig Fischer: It is a numerical question, basically, because we are talking about proportions and percentages, and I assume that can be measured. Conservation departments of all museums have specialists for all materials, and I am confident that they would have the means to establish the ratio when they look at an object.
Alex Sobel
Q
Dr Boström: Yes, it will be like any object analysis report. When any object comes in as a new acquisition or there is a proposal for treatment, very detailed reports are put together and detailed empirical and scientific analysis is done of the object. A lot can be established about materials with very sophisticated microscopes and other technical things. It is material science, and that is what we do very well, as does the British Museum.
Mrs Latham
Q
Anthony Misquitta: No museum will be selling to anyone, least of all an overseas institution. Speaking for the V&A, and I have seen the British Museum’s governing statute, I do not think we have the power—I know we do not, and I do not think that the British Museum does—to sell an item to an overseas institution, so I do not think that that would ever happen.
Mrs Latham
Q
Anthony Misquitta: They are loans. I have concerns about loans, which I would like to raise at some point, but no, once an item is in a museum, that is it.
Mrs Latham
Q
Dr Boström: In the rare cases that an object is de-accessioned, which is very rare and has so many strictures around it, it would always be through a third party. It would never be a direct sale to another museum; it would always go through an auction house or a dealer; it could never be directly to another institution.
Mrs Latham
Q
Dr Boström: To protect against inappropriate de-accession and sale. It is checks and balances.
Mrs Latham
Q
Dr Boström: Yes.
Mrs Latham
Q
Anthony Misquitta: Yes. The V&A, like the British Museum, has thousands of items on loan throughout the world at any given time. We also loan in items as long and short-term loans. As the Bill is drafted, on my reading a loan is “dealing”. That means is that we can loan a work—in the United Kingdom, for example, I do not think it will be a problem because we would loan a work only to another accredited museum; we would never loan it to a private individual.
On the international stage, we often loan our works overseas. ICOM is a dominant force in the international museum world, but it is not everywhere. For example, we have a very close relationship with an institution called the Design Society in Shekou, Shenzhen, in China. We have a long-term relationship and have loaned a number of items to that institution, but it is not ICOM-registered, so we have to worry about our commitment—these items are out on a medium-term loan of a couple of years. I have an anxiety that when the Bill is enacted, suddenly we will be acting unlawfully, because overnight such loans will become unlawful. It is fixable with some transitional provisions, but that is one of the anxieties that I have.
The other anxiety concerns loans from private individuals. At any given time, we have a number of very valuable loans from individuals—amazing works, amazing individuals who lend us their works, often for decades at a time—but those are loans in from individuals who are not accredited museums. So we have a large job on our hands, which is to identify all those works, to attempt to get certificates for them and to deal with a great deal of logistics in relation to such activity—that is achievable but will involve quite a lot of work on the museums’ part. Again, some generous transitional provisions may help ease that pain.
Mrs Latham
Q
Anthony Misquitta: The terminology used in the Bill is “dealing”, and the definition of dealing includes the word “hiring”. I am sure the intention is not to capture these loans, but as it is currently drafted the Bill does capture them.
Mrs Latham
Q
Hartwig Fischer: I would like to corroborate that. Lending is part of our key mission. We hold these collections for the public and share them as widely as possible. It is also part of our mission as national museums to project British values across the globe by engaging with other institutions by sharing knowledge and heritage. All our museums—ICOM museums included—are bound by an extremely strict code of ethics. Any museum dealing with another institution is bound to check the ethical validity of the other institution. To the best of my knowledge, all museums do that. Again, you have a number of codes and procedures in place to make sure that there is no breach. The fact that museums rank among those public institutions that enjoy the highest trust is evidence that this has worked and is reliable.
Luke Pollard
Q
“‘ivory item’ means—
(a) an item made of ivory, or
(b) an item that has ivory in it,
but does not include an item consisting only of unworked ivory”.
Can you help me understand how many of your collections include unworked ivory in this respect? Do you think that exemption is appropriate, or does it actually cover a much larger section of items in museum collections?
Anthony Misquitta: I do not think we are concerned by that. As a museum of art and design, we are not interested in unworked ivory; we are interested in worked ivory.
Dr Boström: That does not really pertain to us, no.
Anthony Misquitta: We are not worried by that distinction, because we work only in highly crafted art and design.
Hartwig Fischer: However, among the national museums is the Natural History Museum, which is one of the grandest and most important of its kind in the world, and it might have—it probably does—unworked ivory as part of its documentation of natural history. So yes, it is likely that our museums have only ivory that has been worked—carved, incised or what have you—but it might very well be that the Natural History Museum, in living up to its purpose and mission, has unworked ivory in its collections.
Luke Pollard
Q
Hartwig Fischer: My hunch is that since 1975 there have been no purchases of unworked ivory, so I do not see any museum—any natural history museum or any museum of this kind—engaging in anything like this. These are historical holdings.
Dr Boström: Further to that, because they are historical holdings—as in the Pitt Rivers Museum or any of the famous university museums with natural and artistic objects—I imagine that there is enough in the existing public collections, across all museums, that, should it be necessary to display or interpret unworked ivory for an educational purpose, we do not have to go anywhere else for unworked ivory.
David Rutley
Q
Dr Boström: Are you talking about the volume of acquisitions, or the objects that might come to us?
David Rutley
Q
Hartwig Fischer: I am personally not in a position to answer that question, I am afraid, because I do not have a sufficiently deep and detailed overview of what is happening in the trade. We see from the museum side that a very small quantity of objects qualify to enter the museum. When it comes to museums and what we see generally, even following what is happening in auctions, we are talking about small quantities. We are not talking about thousands of objects. The material that is historically relevant and significant is very limited.
Dr Boström: If one were to talk about taste in ivory carving and collecting, we always associate the working of it more with the 17th and 18th centuries, and the collectors with the end of the 19th century. It is not foremost in collecting practices or trends.
Hartwig Fischer: It remains to be seen what will actually come up for certification. One will have to react to the volume to see how best to deal and cope with it efficiently.
Sue Hayman
Q
Dr Boström: I imagine that, in parallel with the export licensing, even if objects were to come to a small museum or be associated with it, it will be devolved back to the major national museums—where many of the experts reside, because of a reduction of curatorial staff in our regional museums—to help them, in the way we do in other cases.
Hartwig Fischer: We have wide-ranging national partnership programmes in place. We work with 150 small and bigger institutions across the country. There is a well-established network of exchange, skill sharing and trust. We are confident that we will find a solution. We are engaged in helping museums that do not have the expertise to cope with these questions.
The Chair
If there are no further questions from Members, I thank the witnesses for their evidence today.
Ordered, That further consideration be now adjourned.—(Mims Davies.)
Ivory Bill (Third sitting)
Thursday 14th June 2018
(5 years, 10 months ago)
Public Bill CommitteesRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 14 June 2018 - (14 Jun 2018)
The Chair
Before we begin, could colleagues ensure that electronic devices are either turned off or switched to silent mode? As colleagues know, teas and coffees are not allowed during sittings. It is rather warm in here today, so of course you can have water. This sitting is being recorded, so can Members project their voices for the recording, given that the windows are open because of the temperature in the room? Please feel free to take off your jackets. At noon, the Division bell will ring and both Houses will observe a one-minute silence. There will then be a bell at the end to mark when we can return to business. That is, of course, to mark the one-year anniversary of the Grenfell Tower tragedy.
We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. It shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same or a similar issue. Please note that decisions on amendments do not take place in the order they are debated, but in the order they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause that the amendment affects. In particular, new clauses will not be decided on until the end of our proceedings on the content of the Bill. I will use my discretion to decide whether to allow a separate stand part debate on individual clauses and schedules, following the debates on the relevant amendments.
Clause 1
Prohibition on dealing in ivory
Question proposed, That the clause stand part of the Bill.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
It is an honour to serve under your chairmanship, Mr Pritchard. Before I set out the detailed first clause of the Bill, it is worth reflecting why we are here after a very busy day yesterday. I therefore want to say a few words of introduction. The overriding purpose of the Bill is, of course, to protect an endangered species—the magnificent elephant—from being poached for its ivory. We can do that in the UK by closing our domestic market for ivory to all but a very small number of exempted items. That will eliminate the opportunity for UK markets to be abused by those trying to sell illegal ivory, and will send a very strong message globally that the UK believes that ivory should not be traded and that it is a thing of the past. It was refreshing to see the hon. Member for Workington and Members from both sides of the House agree to those fundamental points on Second Reading.
The Bill is a key part of the co-ordinated approach we are taking to the illegal wildlife trade more broadly. Hon. Members on both sides of the Committee were keen to position the Bill as such. Alone, it will not do all the work we need. We need to work on key initiatives, including providing training for heroic park rangers, who risk—and, sadly, all too often lose—their lives in protecting the wildlife that we and they value so much. As we look forward to the illegal wildlife conference in October, we need to ensure this Bill makes as much progress as possible, so it can send the strongest message that this country, this Government and this Parliament strongly support banning the sale of ivory.
Clause 1 will ban the vast majority of dealing in ivory in the UK. Our starting point is that all trade in ivory is prohibited, unless the item in question meets one of the very narrowly targeted exemptions we will discuss later. The clause clearly sets out that the buying, selling and hiring of ivory is prohibited in the UK, that holding ivory for sale or hire is prohibited, and that the import and export of ivory to and from the UK is prohibited, unless the limited exemptions are met. This prohibition will send out a clear message that the UK will not be involved in the commercial trade of ivory, and that such activities are not acceptable.
Subsections (2), (3) and (4) define which activities are prohibited under the Bill. They align with the existing definition set out in the EU wildlife trade regulations for commercial use, which we fully respect. The clause places no restrictions on the right to own ivory or hold it for non-commercial purposes. It is important to stress that gifting, donating or bequeathing ivory is similarly unaffected.
Subsection (4) expands on subsection (2). Subsection (4)(a) states that the “buying” or selling and so on of ivory “outside the United Kingdom” is not covered by the Bill. If a UK citizen was to purchase ivory while they were in a third country and acting in accordance with the laws of that country, it would not be an offence. However, they would be required to comply with the measures in the Bill and the existing CITES regulations, should they wish to bring that ivory item back into the United Kingdom. That is why we intend to design the IT system to take account of such situations as well.
Subsection (4)(b) goes on to state that it is an offence for somebody in the UK to buy, sell or hire ivory to or from a third party “outside the United Kingdom”. In effect, this measure prohibits remote purchases—in other words, those undertaken over the internet or by telephone—unless the purchaser is satisfied that the item meets an exemption under the Bill, and registers it as such either before or at the point of purchase.
Simon Hoare (North Dorset) (Con)
The thought occurs to me—I do not know whether there is any evidence for this or whether it is in the Minister’s mind to consider it at some later point—what risk is there of people who hitherto traded in and collected ivory merely swapping it for another piece? “I will swap this piece that I have with that piece that you have.” No money changes hands, but in essence it is a trade at nil profit value, or something of that nature. Is there a risk of that happening, and if so, is it addressed in the Bill?
David Rutley
There is a risk that that could happen, but the Bill covers it, and we will look at that issue in further stages as we go through the Bill, line by line.
Subsection (5) provides a simple definition of ivory in relation to its prohibition by the Bill, capturing that “ivory” covers items made solely of ivory or worked items containing ivory. The clause is integral to banning the dealing of ivory in the UK and to achieving our aims: removing the UK from international trade in ivory; and not fuelling international ivory markets.
For those reasons, I seek the support of members of the Committee and I move that this clause stand part.
Sue Hayman (Workington) (Lab)
I thank the Minister for his speech and for recognising the importance of our working together constructively across the House on this very important Bill, because the Labour party welcomes this Bill. It is a good piece of legislation and one that we wish to support.
The amendments and new clauses that we have tabled for debate in Committee have been tabled in the spirit of co-operation, to improve the Bill and make it the best it can possibly be, as we work to ban the ivory trade.
I have a small query about subsection (2). During the evidence sessions, concerns were expressed by museums staff about the definition of “dealing” and about how loans for exhibitions could fall foul of the Bill. For example, Anthony Misquitta of the Victoria and Albert Museum said:
“The terminology used in the Bill is ‘dealing’, and the definition of dealing includes the word ‘hiring’. I am sure the intention is not to capture these loans, but as it is currently drafted the Bill does capture them.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 61.]
In the Bill’s explanatory notes, page 9 says quite clearly that,
“the prohibition applies to the exchange of ivory for any good or service and, therefore, is not restricted to financial transactions, or exchanges for money.”
Hiring or offering to hire ivory are prohibited activities; such activities include temporarily obtaining an ivory item in return for a payment or other exchange of goods.
Therefore museums raised the concerns that loans of ivory for exhibition could fall foul of subsection (4) (b), and be seen as “hiring” the ivory, although they would receive nothing in return. Can the Minister confirm for me and reassure museums that that will not be the case, and that loans to and from museums will not fall foul of the legislation? Also, could appropriate guidance be provided to museums that are supporting the Bill, so that they can properly understand the situation?
David Rutley
I thank the hon. Lady for those questions. It is worth reiterating the point about the so-called swapping of pieces of ivory. So that Members on both sides of the Committee understand, that would be considered bartering, because it would be exchanging for a valuable consideration, so it would be prohibited.
The point about museum loans is a very good one, which was raised in our excellent evidence session. Loans between accredited museums, or from a private owner to an accredited museum, would be considered hiring and therefore would be permitted under the terms in the Bill for museums.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Pre-1918 items of outstanding artistic etc value and importance
Question proposed, That the clause stand part of the Bill.
David Rutley
The clause provides for limited and targeted exemption from the prohibition on the dealing of ivory for items of outstanding artistic, cultural or historical value that are assessed as rare and as important examples of their type. We recognise that there is a certain stratum of ivory items that are of genuine artistic, cultural or historical importance and that are traded not because they are made of ivory but because of their artistry or rarity. That is why we have created a category of exemption to allow such items to continue to be commercially traded if an independent expert assessor advises that they meet strict criteria.
As we heard in evidence on Tuesday, the criteria that must be met for an item to qualify for the exemption set a very high bar indeed—a detailed description of those criteria will be published in guidance—and, as a result, the exemption will apply to a very narrow stratum of items. Two conditions must be met for an item to qualify for exemption. First, the item must have been made before 1 January 1918, meaning that only items that are more than 100 years old may qualify. That is a fixed date, unlike the rolling 100-year approach in the American system. Secondly, the item must be assessed as being of outstandingly high historical, cultural or artistic value. Consideration will be given to whether the item is rare and whether it is an important example of its type, and to other criteria that may be issued in statutory guidance at a later date.
We do not believe it is appropriate or, indeed, possible for the Government to make such an assessment without obtaining advice from experts, so the clause includes a power for the Secretary of State to prescribe a list of advisory institutions. That power will be exercised before the Bill comes into force. Those institutions will be authorised to provide advice on whether an item meets the criteria. Eminent institutions such as the Victoria and Albert Museum and the British Museum, from which we have heard and which have renowned expertise in areas and periods of artistic history relevant to ivory artefacts, have confirmed that they would like to be involved in that process, as we heard on Tuesday. Such institutions already provide advice to the Government on matters of pre-eminence and national importance, such as under the export licensing regime for cultural objects, as we heard from the V and A.
Those institutions will of course be required to ensure that their best-qualified experts are engaged to assess items. Those experts will provide advice to the Animal and Plant Health Agency, which will act on behalf of the Secretary of State. An assessor will advise whether an item meets the conditions for exemption. The APHA, acting on behalf of the Secretary of State, will then decide, based on that advice, whether an exemption certificate should be issued. The Secretary of State may, if necessary, update the regulations prescribing advisory institutions, for example if a source of expertise moves from an institution or a new centre of expertise emerges. Further details of the assessment criteria will be provided through guidance before the Bill is commenced.
Preliminary work is already in train and will be taken forward over the summer. Department for Environment, Food and Rural Affairs officials will work closely with their colleagues at the Department for Digital, Culture, Media and Sport to produce that guidance, which will draw on existing criteria used by the Government to assess works of art for pre-eminence and national significance.
Alex Chalk (Cheltenham) (Con)
May I ask the Minister about clause 2(4)? It reads:
“An exemption certificate for an item may be issued only on the application of the owner of the item.”
Will he clarify that “owner” also includes an agent of the owner, as is normally the case in other legislation? It would be unfortunate, for example, if an owner had given a long-term loan to a museum and the museum was then barred from making an application on that owner’s behalf. We want to get these certificates done as quickly as possible and for there to be no bureaucratic hurdles.
David Rutley
My hon. Friend makes an important point. The Bill provides for that. The hon. Member for Workington raised some interesting questions around this, which we will debate shortly. For the reasons that my hon. Friend set out, agents will have the ability to get involved in that process.
Sue Hayman
I thank the Minister for that explanation. I ask for one more small clarification, which I think should be quite straightforward. Subsection (5) talks about prescribed institutions, and page 10 of the explanatory notes says that it
“confers a delegated power on the Secretary of State…to designate and update a list of institutions”.
However, the Bill does not mention updating. Will the Minister clarify that that is the position?
Will the Minister also clarify whether that provides the Secretary of State with the ability to remove an institution if for any reason that institution does not meet the required standard?
David Rutley
I thank the hon. Lady for those points. On updating the list, yes, those powers will absolutely be available through delegated powers. On removing bodies from that list, yes, the Secretary of State will absolutely have that power if required. Let us hope it is not.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3
Applications for exemption certificates
Sue Hayman
I beg to move amendment 1, in clause 3, page 2, line 29, leave out “a person” and insert
“An owner of an item when”.
This amendment would clarify that only the owner of an item can apply for an exemption.
This should be fairly straightforward. It refers back to clause 2(4), which, as we have just heard from the hon. Member for Cheltenham, states:
“An exemption certificate for an item may be issued only on the application of the owner of the item.”
However, clause 3(1) states:
“A person applying for an exemption certificate for an item must—”.
To tidy this up so that both subsections use the same language and to avoid any confusion, the amendment suggests amending clause 3(1) to read:
“An owner of an item when applying for an exemption certificate for an item must—”,
so that those two subsections work together effectively and efficiently.
David Rutley
I understand that the amendment’s intention is to clarify that only an owner of an item can apply for an exemption certificate. However, although I understand the point that the hon. Lady makes, I do not think the amendment is appropriate. It is the Government’s intention that the application for an exemption certificate under clause 2 will be completed by the owner or by somebody acting on behalf of the owner. This is intended to take into account the owner’s circumstances; the owner may have instructed an agent to act on their behalf, or the owner may not be capable of completing the registration process—due to illness, for instance—so a family member may be able to do so on their behalf.
Subsection (1)(a) states that the name and address of the owner must be stipulated on an exemption application, which reflects the concerns that prompted the tabling of the amendment. Under clause 10, the item is registered using the owner’s details. The primary intention of the clause is to ensure that items meet the criteria for the applicable exemption. The identity of the person making the application is much less significant than ensuring that items containing ivory that should be prohibited from dealings are restricted from the market. For those reasons, I ask the hon. Lady to withdraw her amendment.
Sue Hayman
I am happy to withdraw the amendment. With reference to what the hon. Member for Cheltenham said earlier, it would be good if the guidelines clarified exactly what some of the terminology means and who is then applicable.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Sue Hayman
I beg to move amendment 2, in clause 3, page 3, line 5, at end insert—
“(2A) Where an application it referred to a prescribed institution, the institution must notify the Secretary of State of any intention that the institution may have to purchase or hire the item.”
This amendment requires a prescribed institution to declare any interest that it may have in acquiring the item, in order to make the Secretary of State aware of any conflicts of interest.
The Chair
With this it will be convenient to discuss amendment 3, in clause 3, page 3, line 13, at end insert “, and
(d) notify the Secretary of State of any interests, whether commercial, pecuniary, or personal, that the assessor may hold in respect of—
(i) the person applying for an exemption certificate, and
(ii) any person known to by the assessor to be seeking to buy or hire the item.
(3A) If the Secretary of State believes that any interests declared under subsection (3)(d) create a conflict of interest, the Secretary of State may deem the assessor to not be nominated by the prescribed institution, and shall notify the institution accordingly.”
This amendment requires the assessor to make a declaration of their interests, and grants a power to the Secretary of State to deem an assessor to not have been nominated if the Secretary of State believes there to be a conflict of interest.
Sue Hayman
Amendments 2 and 3 takes us back to concerns raised with me about potential conflicts of interest when prescribed institutions acquire an item. Amendment 2 is designed to give confidence that acquisitions are transparent and that conflicts of interest would therefore not arise. There are also concerns about conflicts of interest between nominated assessors and prescribed institutions, but I will come on to that when I speak to amendment 3. On amendment 2, I hope the Minister will want to ensure that the Bill is as transparent as possible and that we do not have a situation in which conflicts of interest can arise between a prescribed institution and anyone else involved in the application.
As I have said, amendment 3 is designed to deal with conflicts of interest between nominated assessors and prescribed institutions. The concern is that the Secretary of State prescribes the institutions but the institutions can then choose their own assessors who may not be employed by the institutions. We need to be clear that there is no vested interest and no conflict within the commercial trading. The amendment seeks assurances that there are no conflicts of interest in the appointment of an assessor and that if any concerns arise at a later date the Secretary of State will be able to step in and take action. Both amendments seek to minimise the risk of conflicts of interests, in order to give full confidence in the certification process.
David Rutley
I thank the hon. Lady for her suggestions in the two amendments. On amendment 2, we would all agree that a declaration of a conflict of interest is a necessary requirement in many areas. I do not, however, believe that the amendment is necessary, as I hope I will be able reassure the hon. Lady, because we intend to take measures to that effect.
Clause 3 provides for the certification process that applies to pre-1918 items of outstanding artistic value and importance, and takes into account whether the item is rare and the extent to which it is important. The clause also sets out the role of the designated assessor. Our aim is to appoint eminent museums and academic institutions to act as assessors for the exemption. We are in discussion with some of those institutions. We have built safeguards into the process by which they will be able to provide advice. We intend that the institution and assessor will be asked to sign a waiver before accepting a commission to assess an item from APHA to confirm that they have no commercial interest in that item. The final decision whether an item meets an exemption will fall to the Secretary of State through the APHA.
On amendment 3, it is feasible that an institution asked to assess an item might wish to acquire it for its own collection, thus leading to a potential conflict of interest. Additionally, the pool of owners and collectors of such items will clearly be small. In some cases, the assessing expert might even know the owner through seeing the item. We therefore intend that advisory institutions and the assessors that they appoint to assess an item will sign a waiver to the effect that they have no interest in purchasing an item when accepting a request to assess it. Obviously, that will be a very small set of circumstances because, as we heard in the evidence session on Tuesday, the number of transactions will be very small. With that explanation, I ask the hon. Lady to withdraw her amendment.
Sue Hayman
I thank the Minister for his explanation. I would be interested to know more about how the waiver will be built into the Bill, to give me confidence that it will be structurally part of it.
David Rutley
I will seek some inspiration to ensure that the hon. Member for Workington, which is an incredibly nice part of the world—
Anna Turley (Redcar) (Lab/Co-op)
I will help the Minister out, to allow the transaction to take place. I was interested by his reply. Is he essentially saying that by ruling themselves out of undertaking any transactions, organisations that have a genuine interest in acquiring something will under no circumstances be able to apply to register or purchase it, even if they are transparent about wanting it to be part of their collection? Given that only a small number of institutions specialise in the specific areas that we are considering, we may rule out some of our best museums from being able to undertake that process or purchase a valuable item.
David Rutley
I will first answer the question asked by the hon. Member for Workington, and I am sure inspiration on that technical point will come shortly. On ensuring that the waiver fits into the process, it will not actually be in the Bill, but it will be in the binding memorandum of understanding that we will agree and sign with those institutions. On that other technical point, I will get some inspiration shortly.
Simon Hoare
Does the Minister agree that of all the stellar attractions that the Opposition could put before us, the shadow Secretary of State is one of the brightest adornments of the Opposition Benches in the Bill Committee this morning? We all look forward to her erudition and forensic analysis of the Bill, and to what she can contribute to this important debate.
David Rutley
My goodness! I do not think I can disagree with a word of that. We are forever grateful. Indeed, I am genuinely grateful for the conversations that we have had outside the Committee and elsewhere. We are all trying to progress the Bill, and these questions are absolutely right.
The point made by the hon. Member for Redcar is particularly interesting and I would like to consider it further. We would all agree that we want museums to be able to acquire important items for public enjoyment, so we need to further understand the implications of the point she raised.
Sue Hayman
I thank the Minister for that further explanation; I appreciate it. On the understanding that a memorandum of understanding will lay out all those areas so we cannot fall foul of any conflicts of interest or difficulties within the certificate, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss new clause 1— Reporting requirements: Exemption certificates—
“(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State must—
(a) prepare a report on applications for exemption certificates that have been granted during that year, and—
(i) lay a copy of that report before Parliament, and
(ii) publish the report.
(2) Subsection (1) does not apply in relation to a year if section 3 of this Act has not been in force at any time in that year.
(3) A report prepared under this section must include the following in respect of each exemption certificate granted—
(a) the description or descriptions provided in accordance with section 3(1)(b) by the person that applied for the exemption certificate,
(b) the photograph or photographs provided in accordance with section 3(1)(c) by the person that applied for the exemption certificate,
(c) when the certificate was granted, and
(d) any other information that the Secretary of State considers appropriate.”
This new clause requires an annual report to be published with details and pictures of all items that are granted an exemption certificate under section 3.
David Rutley
The Bill provides two distinct compliance processes. Clause 3, along with clause 4, provides for the first of those, which is a certification process that applies to the exemption of the rarest and most important items of their type. Anyone who wishes to carry out commercial activities with an item under this exemption must apply and be issued with a certificate to do so. The other process is self-registration, which applies to the other four categories of exemption and is dealt with in clause 10.
The certification process is the more stringent of the two compliance processes and includes an assessment of the item by a relevant expert, who will advise the Secretary of State on whether it meets the published criteria for the exemption. Given the highly specialist nature of assessments needed under the exemption criteria, and the likely value of many items considered, the Government consider a certification system most appropriate.
The clause sets out the minimum information and evidence an applicant must provide to demonstrate how the item meets the criteria for the category. As we debated in the response to amendment 1, the applicant may be the owner of the item or someone instructed to act on behalf of the owner.
Statutory guidance to be published before the Bill comes into force may stipulate further information requirements. For example, the applicant must include physical details and descriptions of the item, including photographs. In addition, they may provide details of the item having been previously displayed in a museum or evidence of its providence or historical associations.
David Rutley
As I was saying, the Animal and Plant Health Agency, on behalf of the Secretary of State, will check that all necessary information has been completed and that the application is reasonable. For example, if the application is clearly for an item that is not pre-1918, that will not be considered reasonable and it will be rejected. If satisfied, the APHA will refer the application to an appropriate designated assessor, provided for under clause 2. Although the application’s initial stages will be similar to those for the self-registration system—submitting requested information via the online system—the certification process diverges significantly, as the information provided will be passed by APHA to one of the listed prescribed institutions for expert advice, as discussed earlier.
As we discussed in response to amendments 2 and 3, the institution will be required to confirm via a waiver that it has no commercial interest in the item before accepting a commission. That is to avoid any potential conflicts of interest. The assessor, as a relevant expert, will be best qualified to assess the item against the conditions of the exemption. APHA will then decide whether to issue an exemption certificate, taking into account all relevant factors, including the expert assessor’s advice.
When making an application, the applicant must pay a fee as set by the Secretary of State through regulations. In practice, the set fee will be paid to cover the application’s administration costs. If referred to an expert assessor, an additional fee will be paid to cover reasonable costs incurred by the assessor. The additional fee will be considerably higher than the fee applicable to the self-registration process, reflecting the specialist advice needed and the limited number of unique items for which the process is designed to cater.
I thank the hon. Member for Workington for tabling new clause 1. Clause 10(5) sets out the minimum information and evidence that the Secretary of State must record with regard to both successful and revoked exemptions to applications. That information includes a description of the item and photographs and expected dealings in the item. Furthermore, statutory guidance to be published before the Bill comes into force may stipulate further information requirements to be captured. The Government share the hon. Lady’s aim of being informative to the public and agree that being as transparent as possible about how the system is working in practice will be essential to ensuring public confidence in it. As such, I assure her and the Committee that we already intend to publish headline data on the number of exemption certificates issued each year for items exempted under clause 2.
I will, however, issue a note of caution with regard to publishing the information described in subsections 3(a) to (d) of the new clause. The exemption will apply to a very limited number of outstandingly important items. As such, and particularly when considering the small number of people who are likely to own and wish to sell such items, it is highly possible that the owner may be identifiable through the publication of photos and so on of an item, which would have serious repercussions in terms of personal privacy and data protection. Any information that the Government publish on annual exemptions must be fully in line with the Data Protection Act 2018. In the light of the assurances that the Government intend to publish information on the number of certificates issued, and with reference to the provisions of the Data Protection Act, I ask the hon. Lady not to press the new clause.
Sue Hayman
The reason for tabling the new clause is that quite a number of people felt that this was an important issue, on Second Reading, in the written evidence and in the oral evidence sessions. If there is a proper report, as opposed to a headline report, that would provide us with important, ongoing evidence and allow for confidence in the Act. All items, not just the headline items that have been granted an exemption certificate, would be included in the reporting requirement under the register that we propose.
I will refer to some of those who have said that they would like to see such a register. On Second Reading, the hon. Member for Mid Derbyshire made an excellent suggestion. She said:
“It would be useful if DEFRA published a register showing how many exemptions have been issued under the historical, artistic and cultural definition every year, so that a picture could be built up of all the relevant artefacts, which would be verified by people who know what they are doing, such as the V&A and other museums.”
She also suggested that the register should be publicly available, in order to
“demonstrate a commitment that the exemption is for the rarest and most important items only, not just any old ivory artefact.”—[Official Report, 4 June 2018; Vol. 642, c. 116.]
The International Fund for Animal Welfare and Born Free both support the proposal. They told us in evidence:
“It is absolutely critical...that we should be publicly accountable for what is being listed.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 17, Q24.]
A public register would go some way towards establishing a wider understanding and consensus about what constitutes the rarest and most important items, which we know prompted much discussion during the drafting of the Bill. Having a publicly available register would help to inform that process as we go forward. We are not talking about a lot of items. IFAW has suggested that it would be about 75 to 100 items a year, which should not be a huge burden on the Government. Having a publicly available register also provides proper scrutiny and transparency to the legislation and the processes involved.
The Minister confirmed on Second Reading that he would be happy to look at how data could be published, including using a new IT system that would be developed to facilitate the task. I would ask that he does that. I know that he has raised concerns about security and data protection, but I feel sure that we could come up with a method of photographing, data collection and registering that need not fall foul of either data protection or identification and security laws. I do not see why photographing an item in a particular way, as they do for museum catalogues and auctions, would require the identification of the owner. I ask the Minister to reconsider the new clause.
David Rutley
I thank the hon. Lady for her points. She makes an important point—[Interruption.]
Mims Davies (Eastleigh) (Con)
Sorry. I have no idea how it has managed to do that. I am sorry.
David Rutley
It is fine; we all have these technological moments.
The hon. Member for Workington raised some points made by my hon. Friend the Member for Mid Derbyshire and others, and we will certainly consider how we can address some of those concerns. The challenge is that it would be unlikely that we could publish more detail on the specific items exempted, for data protection reasons. However, we will consider whether we could break down the headline figure further, for instance to cover broad categories of items such as statues, reliefs or furniture. I give an undertaking to consider that further.
Liz Twist (Blaydon) (Lab)
Does the Minister agree that, given that the whole aim of the Bill is to protect the elephant, we need as much transparency as possible about whether the system that has been devised is operating well, and we need to know what is being exempted? The suggestions put forward by my hon. Friend the shadow Minister are really important in ensuring that we have transparency in the wider field, and that people can see that the Bill is operating in the best interests of the elephants, frankly.
David Rutley
The hon. Lady makes an important point. We are trying to do this for the elephants, so we want to ensure that our approach will provide greater transparency. The balance we need to strike is also about privacy. The technical difficulty is that these items, as we have heard, are small in number, but quite easily identifiable, so could quite easily be linked to individuals.
The approach that I would like to put to the Committee, and that we are looking to take forward, is that we will look at broad categories, which—although I call them broad—will be about specific types of items. That will help us better to track the sorts of items that will be covered under the exemption. I hope that those reassurances are strong enough for members of the Committee.
Anna Turley
I appreciate the Minister’s response, but does he agree that if we have to come back for subsequent legislation, having as much evidence as possible laid before us in the House will enable us better to scrutinise and create further legislation along these lines? I ask that particularly in the light of responses from the Government that indicate a concern just to get the Bill through and then potentially to widen the scope later on. Surely having more evidence on the success and application of the Bill will enable us as parliamentarians to improve future legislation.
David Rutley
The hon. Lady makes a good point. We are trying to get the right balance between privacy and transparency. That is a real challenge in lots of legislation. I also point out that items that are registered, as opposed to certified, will come under clause 10. We will publish data on those items as well.
We are looking at ways of making it as transparent as possible, but the issue with the rarest and most important items is that they are more easily identifiable with an individual than items in some other categories, which is why it might be more difficult in this area than in others. I hope that explanation is helpful. We will do everything we can to try to bring transparency. We are very committed to doing that, and I will work with officials, while the Bill is in Committee and beyond, to see how we can make that more definitive.
Sue Hayman
I thank the Minister for all his comments and for taking the matter seriously. However, because of the number of people who stressed that they felt that this was incredibly important, both for transparency and for getting a proper understanding of the kinds of items that we are looking at in order properly to monitor what the Bill is achieving, I stand by the new clause and would like to press it to a vote.
The Chair
On a point of procedure, to guide the Committee, the Question that I am about to put relates to clause 3. New clause 1 would be decided upon, if Members so chose, at the end of proceedings, after we have deliberated the contents of the Bill as it stands. The Question now relates to clause 3, not new clause 1.
David Rutley
Mr Pritchard, I think we need a bit more clarification. We want to ensure that everybody is clear.
The Chair
New clause 1 will be decided on after we have considered all the clauses and schedules already in the Bill as drafted. All new clauses, whatever their number, come after all the clauses and schedules have been decided upon—they always come at the end—but there will be an opportunity to vote on the new clause if the shadow Minister wishes to press it to a Division.
Sue Hayman
Thank you for that clarification, Mr Pritchard.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4
Further provision about exemption certificates
Sue Hayman
I beg to move amendment 4, in clause 4, page 4, line 8, at end insert—
‘(5A) Subject to subsection (5B), the Secretary of State may not issue a replacement certificate in respect of an item if a replacement certificate has previously been issued in respect of the same item.
(5B) Subsection (5A) does not apply where—
(a) an exemption certificate has been applied for under section 3, and issued, in respect of the item since the last instance of a replacement certificate being issued,
(b) the owner of the item has changed since the last instance of a replacement certificate being issued, or
(c) it seems to the Secretary of State that there are extraneous circumstances that warrant issuing a further replacement certificate.’
This amendment creates a limit of one replacement certificate being issued for an item. After one certificate is issued, a further replacement certificate can only be issued if a new certificate is applied for under section 3, or if the owner of the item changes, or if there are extraneous circumstances that warrant issuing a replacement certificate.
Sue Hayman
The amendment is about further provision for exemption certificates. Under subsection (5), we are looking at a particular concern to do with potential abuse of replacement certificates, which came up a number of times in evidence. Proposed new subsection (5A) limits the Secretary of State, subject to a number of exemptions under proposed new subsection (5B), to ensure that we do not end up with a situation in which a lot of certificates are flying around the place.
The issue was raised in Tuesday’s evidence sessions by the chief executive of the Tusk Trust. He expressed his concerns and said that more safeguards were needed for replacement certificates because, as things stand, an item could have several replacement certificates which could be used to sell similar items legally.
Alex Sobel (Leeds North West) (Lab/Co-op)
I have the case of a constituent who is trying to get a second replacement passport. The stipulation is that he has to go to the Home Office for an interview, to verify his identity and why he needs a second replacement passport, and to provide his documentation. That is to prevent passport fraud. Surely the same conditions should apply to replacement exemption certificates.
Sue Hayman
It is really important. We heard an awful lot during the various evidence sessions about how the UK is one of the largest markets in the legal ivory trade. A knock-on effect of that, however, is that we help the illegal ivory trade, simply because of how the whole trade operates. We therefore want to clamp down on the illegal ivory trade and on the ivory trade in this country, because we need to ensure that we leave no loopholes and that nothing in the Bill could be abused by unscrupulous people. If we are not careful with the replacement certificates, as my hon. Friend said, it is possible that more than one replacement certificate could be issued for one item over a period of time and then used to sell on a third item.
IFAW was also concerned about that, stressing that more safeguards were needed to issue replacement certificates, because in theory an ivory item could have several replacement certificates issued over a number of years, and unscrupulous people might use such a certificate to sell similar items legally. Given that the whole point of the Bill is to stop illegal ivory trading and the poaching of elephants, we need to ensure against any such opportunities for unscrupulous people. Any replacement certificates must be issued rarely and with due consideration.
David Rutley
I thank the hon. Lady for her amendment, which recognises an important issue: to ensure that, through our legislation, we do not create any loopholes—something she is keen to avoid, as we all are—that could be exploited by those wishing to circumvent the ivory ban and continue to trade ivory illegally. I understand the concern that an individual might exploit the provision to issue replacement certificates under the exemption for the rarest and most important items. Such an individual might, for example, fraudulently use replacement exemption certificates for non-exempt items.
However, we clearly heard from the Victoria and Albert Museum and the British Museum that items exempted under clause 2 will necessarily be unique pieces, meaning that there is an exceedingly low risk that a certificate, which will include a photograph, can be used fraudulently for another item, because they are so unique. I must first say that such an action would of course be an offence under the Fraud Act 2006 and might be subject to criminal sanctions, a custodial sentence or a criminal fine. I also want to reassure the hon. Lady that the process an individual must follow to request a replacement will be carefully developed with APHA, alongside other online application processes required for the implementation of the Bill.
As stated in the Bill, a replacement certificate will be issued only if the original has been lost, the original is not passed on by the original owner when the item is sold, or for any other reason the APHA considers appropriate. It is expected that the owner will need to submit an application to request a replacement and declare why a replacement is required. The APHA will compare information provided by the owner against the database of exempt items to ensure that the item in question has indeed been issued a certificate in the past.
A unique identification number will be included on the certificate, which associates it with the exempt item. Certificates will also include the photographs of the item originally submitted when applying for the exemption and a narrative description of the item. Given the nature of items exempted under this category, it is highly unlikely that there would be another item of such close similarity that it could reasonably be taken to be covered by the certificate issued for another item—they are so distinct and different. That will ensure that prospective buyers and enforcement agencies will be able to check that items for sale are compliant with the ban, and will therefore allow any fraudulent activity to be identified by enforcement agencies and the appropriate sanctions to be applied. With that explanation, I ask the hon. Lady to withdraw her amendment.
Sue Hayman
Sorry; I just had to look up what the APHA was—I should know these things.
David Rutley
Excuse me. It is the Animal and Plant Health Agency. There are a lot of acronyms.
Sue Hayman
Yes, quite. Just to confirm, is the Minister talking about developing processes for how it would be managed alongside the Animal and Plant Health Agency?
Sue Hayman
As this is a fraud issue, is he looking at doing it with any other agencies that have expertise in that area? I do not know whether the Animal and Plant Health Agency has expertise in fraud—I am sorry to be a bit ignorant.
David Rutley
I think we are all learning through this process, and Committee stage is about getting into the details and ensuring that we get the right answers to those important questions. The APHA and the enforcement bodies will have full access to the database of exemption certificates, and we have full confidence that they will consider applications for replacements—there will not be many—very sensibly, with reference to the history of applications for that item. The point that I think the hon. Lady was making is whether the enforcement bodies will be engaged in creating the guidance. She is nodding from a sedentary position. My understanding is that we will involve those bodies as well. We want the best expertise to ensure that this process is as watertight as possible.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
Could the Minister clarify the types of circumstances in which a number of replacement certificates might be required, and how likely that is to happen? Would there be some way of tracking the number of replacement certificates so that such certificates would not flood the market, or, if such certificates did become more apparent, that could be identified extremely quickly?
David Rutley
Those are more good questions. I explained a little bit in my remarks—I apologise if I ran through them too quickly. An example would be if a certificate was lost or not passed on appropriately from the original owner when the item was sold. There are situations in which that can happen, and we need to be open to that; we live in a world where people lose things. The hon. Lady makes an important point about tracking. That is where the APHA will be able to log the number of replacements and take the appropriate action. If there is a pattern of behaviour that looks odd, obviously it will be on to that.
The important thing to bear in mind as we go through the Bill is that we are spending a lot of time on the most important areas. It feels like this is a big category, but actually there is a very small number of items. In this particular category it will be much easier to track patterns of behaviour than it would be in some others.
Sue Hayman
I may have missed this in the Minister’s comments, but will the number of replacement certificates issued every year be available publicly? Will the register that is being created for items also include whether replacement certificates have been granted for those items?
David Rutley
I await a little inspiration on that point, but it is worth pointing out that the Secretary of State can revoke a certificate if he has cause to do so. Some people might not have focused on that. If there is a pattern of behaviour, certificates can be revoked. That is an important point to consider. On the point about the number of replacements that have been put into the public domain and whether that will be published, we certainly will consider that.
Sue Hayman
The important thing for us on the replacement certificates is to have proper reassurance that there is no potential for abuse, and that the Minister understands the concerns raised in evidence by a number of organisations. If the register will look carefully at how many certificates are sent out each year, so that we have a clear idea of the situation, that will give us an idea of whether abuse is likely to be taking place. If it is being monitored by the Animal, Plant and Health Agency and tracked and we know that the fraud services are involved, that is extremely useful.
It is really about giving proper reassurance to all the agencies involved that no element is open to abuse. But if the register is tracked and abuse is found to be taking place, even though we are talking about only a small number of items, it would be useful to revisit this, perhaps after 12 or 24 months, just to see whether the replacement certification process is working effectively.
David Rutley
This is a real-time conversation—that is what we are here for. Some very good points have been made. I hope that the hon. Lady will gain some reassurance from what I have said; bodies will review the certificates and the replacements will be tracked. On behalf of the Government, I will give due consideration to the proposal for publication. Law enforcement agencies will track this, as they can share and exchange information under the Data Protection Act. That is another layer of protection. We all want a tight system. The steps to achieve that have been set out in this clause.
Sue Hayman
On the understanding that the Minister takes the concerns forward and brings into play a lot of the areas that we have discussed and agreed upon, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 4 ordered to stand part of the Bill.
Clause 5
Fresh applications and appeals
David Rutley
Clause 5 makes provision for an owner of an ivory item either to make a fresh application for an exemption certificate under clause 3, where the Secretary of State has revoked a previously issued certificate under clause 4, which we spoke about, or to appeal the Secretary of State’s decision to refuse a previous application.
The clause simply sets out that any reapplication for an exemption certificate will be treated as a new or fresh application. It will follow the same procedure as set out in clause 3, and will incur the same fees. The clause gives the Secretary of State a delegated power to set in regulations provisions for an appeals process against a decision to refuse an application or to revoke an exemption certificate. The appeals process will give individuals the right to a fair hearing by an independent and impartial panel. That is consistent with article 6 of the European convention on human rights. A recent example of an appeals process that is article 6-compliant and, like the Ivory Bill process, is outlined in secondary legislation, is section 48(3)(f) of the Children and Social Work Act 2017, which allows appeals when courses for mental healthcare professionals are not approved.
Any appeals process is intended to incur fees that are reasonable and proportionate to the cost of dealing with the appeals. Our intention is to establish an appeals process through regulations before the Bill is commenced.
Sue Hayman
It is very important that the appeals process is robust. When we look at appeals processes in other Departments, we see how important it is that this appeals process is efficient and effective. Too often, appeals get bogged down. We must look at the Department’s resources and how it will handle appeals to ensure that people do not have to wait for a long time without knowing what is happening. I seek some reassurance from the Minister about how that will be managed through the Department.
David Rutley
As the hon. Lady says, we need an appeals process. It must be efficient—we do not want logjams—and the relevant bodies must be fully sighted of the appeals so that they can spot any trends that look odd and take appropriate action. The design is very important. The process will be established before the Bill is commenced.
Liz Twist
Can the Minister please explain whether the appeal will be considered as if it was a fresh application, or whether the appeal body will review the first decision? That is a fine distinction, but it is important. Will it be a second bite at the cherry, or will it be a review?
David Rutley
The hon. Lady makes an interesting distinction. The appeals will be set out in regulations—that is the answer to the previous question. My understanding is that it will be a fresh application. I will carry on talking about the importance of that for a second. We must make sure that people who believe that their application is right have the ability to do that. It will not be considered as an appeal. We will be agreeing the process for appeals over the summer, ahead of laying regulations. What we are saying is that it will be a fresh application.
Liz Twist
I realise that it is difficult when things are happening in real time. I make that distinction because it seems to me that if we set up an appeals process and give it status, the people making the appeal should not get a second bite at the cherry and start with a fresh application unless it is something radically different. The process should be for somebody to review whether the appeal has been considered properly.
David Rutley
I understand the point that the hon. Lady is making. An owner can make a fresh application if they wish, and pay the fee again. That is separate from the appeals process. They make an application, and if that is rebutted they can make a fresh application. The appeal is a separate process.
Liz Twist
I am even more confused. I know that this is really difficult, but perhaps I did not express myself properly. Once the application is made, I understand that there will be a right to an appeal if it is refused. At that stage, will the appeal be reconsidering the original application, or is it a chance for somebody higher up to have another go at deciding?
The Chair
Order. This is a debate, rather than a question and answer session, so it would be helpful for the Committee to get full and comprehensive answers, which are hopefully being inspired as we speak. I will call the shadow Minister, so that inspiration has a little bit more time.
Sue Hayman
We are trying to understand the process of how the appeals are working and, if an application is refused, how that appeals system will work, and whether people who have had an application refused will be advised to put in an appeal against that specific application or whether it is more practicable to start afresh and put in a new application. If it is a new application, to my mind, it is not an appeal to the previous application. We need to get that differentiation absolutely clear, as to the spirit of what the Bill is trying to achieve and the meaning of the terminology.
David Rutley
I thank the hon. Lady for filling that time, which shows true co-operation. We are trying to get answers to these questions on both sides. I really appreciate that. I will try one more time to explain the process. Forgive me if I have not been as clear as I should have been. Initially an individual or the owner makes an application, which is refused. The appeal is then considered by a separate new assessor once. Separately, an owner may make a new application and pay the fee again, but after the appeal has been heard.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Pre-1918 portrait miniatures
Sue Hayman (Workington) (Lab)
I beg to move amendment 5, in clause 6, page 5, line 6, at end insert—
‘(1A) In this section, “portrait miniature” means a portable portrait that is—
(a) of no more than 204mm in height,
(b) of no more than 153mm in width, and
(c) made by painting on to a sheet of ivory no more than 5mm thick.’
This amendment defines a ‘portrait miniature’ for the purpose of the exemption.
Sue Hayman
The purpose of the amendment is to address a specific issue that has come up clearly in both the written evidence and the oral evidence we heard on Tuesday. A expert from Philip Mould & Company came to speak to us about portrait miniatures, because they are such a specific form of art that separate consideration is required.
Groups including the World Wildlife Fund and the International Fund for Animal Welfare, as well as museums and art galleries, were keen to get a proper definition and understanding of what kind of art works the Bill would affect. They asked for a size criterion in the definition of a portrait miniature, and the hon. Member for Mid Derbyshire raised that during the evidence session because she knows it is needed to avoid confusion about exactly what a portrait miniature is. Compared with the picture at the back of this room, something the size of an A4 sheet of paper could be considered a portrait miniature.
It is important to get a clear definition in place, so that the exemption cannot be abused. The consultant on portrait miniatures from Philip Mould & Company suggested that we go for a maximum size of 6 inches wide by 8 inches high. She said that that would cover between 90% and 95% of all the portrait miniatures that she was aware of. In the amendment, we have converted that suggested measurement into millimetres and stated a maximum thickness. I understand that earlier portrait miniatures are slightly thicker than later ones, owing to the technology used to slice the ivory. On the basis that we are now a metric country, even though personally I would much rather deal with inches—[Hon. Members: “Hear, hear!”] If the Minister accepts the amendment, I would be happy for him to turn millimetres into inches, but because we are a metric country and my understanding is that these days our laws are made in metrics, not in feet and inches, we have converted the 8 inches by 6 inches into 204 mm by 153 mm.
Alex Sobel
On that generational point—[Interruption.] I am sure that my hon. Friend the shadow Secretary of State will forgive me, as I am reinforcing her point.
Alex Sobel
No, no—the point is about metric against imperial measures. Parliament first debated metrification in 1818, which is the period when many portrait miniatures were created. We finally had Government policy agreeing metrification in 1965, but as we know, it was not fully implemented in shops until 2009. We should not be looking here at the same sort of timescale to get metric measures for ivory portrait miniatures. Doing that here and now would be much simpler than wrangling over it for the next 200 years.
Sue Hayman
I thank my hon. Friend for giving us the benefit of his extraordinary knowledge and wonder whether he has thought about joining the V&A staff in the future.
Simon Hoare
Does the hon. Lady have a legitimate expectation that that exchange might be heard on the wireless tomorrow?
Sue Hayman
It may be, as the hon. Gentleman’s previous very kind comments may be. One never knows.
I hope that the Minister will accept the amendment, because it would not change the focus of or detract from anything in the Bill. All it would do is provide clarification, the need for which I thought was universally accepted when we were taking evidence.
Anna Turley
I agree with my hon. Friend. Earlier this week, we heard powerful evidence that the sizes are pretty similar, pretty standard. The amendment would cover 90% to 95% of portrait miniatures. The witness we heard went so far as to say that putting this in the Bill was “very sensible”. That is a direct quote, and it is high praise indeed for some of our legislation to be described as sensible. I think that this provision is the way forward. It is very difficult to see any objection to having it in the Bill.
Sue Hayman
I thank my hon. Friend for that intervention. She is right: the expert said that this would be a “very sensible” thing to do. I hope that the Minister recognises that the amendment is designed to support the Bill by making it generally more effective and giving owners of items a better understanding of exactly what kind of exemption certificate they should apply for, so that the process can move forward much more smoothly.
Mrs Pauline Latham (Mid Derbyshire) (Con)
I endorse what the hon. Lady has said. It was clear in the evidence that a measurement was wanted. The whole point about the Bill is that we need clarity and absolute certainty so that everyone knows exactly where they stand. If an item were bigger than is suggested, it would not be considered a miniature, because a miniature is something small. Whether the measurements are in inches or millimetres, I do not mind, although like the hon. Lady, I do not really understand millimetres; I only understand inches. I am interested in what my hon. Friend the Minister has to say, but whether it is stated in the Bill or set out elsewhere as guidance, I would like the size to be specified if possible.
David Rutley
I thank the hon. Members on both sides of the Committee who have contributed to this debate. I acknowledge the intention behind the amendment to provide further definition to clause 6 on exemption of pre-1918 portrait miniatures. When the Government consulted on the ban on ivory, the evidence obtained indicated that there is no universally accepted definition of portrait miniatures on the basis of size. Furthermore, the definition of “miniature” is, strangely enough, a reflection not of the item’s size but of the technique used to create it. As a result, these items can range in size.
Our assessment is that, within the currently proposed definition, the sale of portrait miniatures is not likely directly or indirectly to fuel the continued poaching of elephants. As evidence to our consultation from the antiques sector, the public and some conservation bodies indicated, an exemption for portrait miniatures under the current definition would be proportionate and justified. The items will need to be registered under clause 10 and go through the application for exemption process described in clause 3, which states that an item must clearly satisfy the conditions for exemption or be referred to a prescribed institution for inspection. The process is sufficient for ensuring that items meet the exemption for pre-1918 portrait miniatures.
Although no clear proposal for a size qualification of portrait miniatures was put forward during the consultation, it is something that we have always been keen to consider. I thank the shadow Minister for her proposal.
Kerry McCarthy (Bristol East) (Lab)
When we took evidence on this point on Tuesday, the expert, Emma Rutherford, was asked whether the frame should be included and what should actually be measured. She said that she thought it would be done by size of the ivory, because frame sizes differ. If we are to go down the path of judging something by size, is it the Minister’s view that frame should not be included and that only its contents would be measured?
David Rutley
Perhaps finishing the point I am trying to make will clarify the matter for the hon. Lady, and I will then go on to the point about the frames. I am grateful for the amendment, and I also note the helpful detail from Philip Mould & Company given during the evidence session. We will continue to consider this issue fully.
Sue Hayman
I appreciate the Minister’s response, but to be honest I felt that this was a pretty straightforward thing that we could move ahead with. There did not seem to be any disagreement at all. Philip Mould & Company is the expert in portrait miniatures. Emma Rutherford brought some along to show to us, and she was pretty clear on the definition. The amendment would be an extremely helpful addition to the Bill and I do not really understand why the Government will not consider it.
David Rutley
I assure the hon. Lady that the Government will give it full consideration, as I said. This is one point in the Bill’s passage. We will give full consideration to what has been said in Committee today and in the evidence sessions.
Liz Twist
I urge the Minister to think carefully about including a definition in the Bill. I think we all think we understand what is meant by a miniature—I have a pretty clear idea—but in the Bill, to which people will turn to argue points in disputes, it is important to spell out what we actually believe a miniature to be.
David Rutley
We will give that full consideration. I understand the point that hon. Members have made, that including a definition would add greater clarity. We will make that definition as clear as possible. However, as I have said several times now, the point has been made very clearly by Members on both sides of the Committee and we will give it full consideration.
Sue Hayman
Will the Minister expand on what he means by “give consideration”? I am sorry to push this, but I really think it would be helpful to have a definition in the Bill.
David Rutley
I understand that the hon. Lady’s enthusiasm knows no bounds; she is very passionate, as we all are, but I think she understands that there are formal processes that need to be gone through as part of the legislative process, and there will be moments at which these points can be given full consideration as the Bill progresses over the next few weeks.
Dr Cameron
It appeared to me in the evidence sitting that the expert was clear about the size of portrait miniatures, but the Minister has said there is a range, rather than a definite size. I wondered whether, in that case, the range could be set out in the Bill, or whether we could seek clarification: is there a clearer definition of portrait miniatures than the Minister’s initial evidence suggests?
David Rutley
Yes, there are different ways in which that could be reviewed; it could be by range or by definitive sizes. As I said in my earlier remarks, I think that the contributions made by Philip Mould & Company were helpful and we want to give them due consideration.
Alex Chalk
I am reassured by the Minister’s undertaking to give this important matter, raised in good faith by the Opposition, full consideration. Can he clarify that in the course of that consideration he will seek the best possible range of expert advice, to ensure that any future amendment will not have to be amended further in due course, and will truly meet the point that has properly been raised?
David Rutley
Absolutely; we want the best advice, and I think we have received some very good advice. We just need to give it due consideration as the Bill progresses.
Kerry McCarthy
Looking back again at Emma Rutherford’s evidence, she said that 90% to 95% of miniatures would be within the range of 6 by 8 inches. Clearly that means that 5% or 10% are outside that. We did not press her—perhaps we should have—on the importance of that. She seemed quite relaxed about the fact that most would be covered by that rule if we were to introduce it, but I think if we are to consider introducing a size provision, we need to know whether some important miniatures would be excluded, and perhaps tweak it or at least bear that in mind.
David Rutley
I think that relates closely to what my hon. Friend the Member for Cheltenham said. We need to get the best available advice on how to define that. Important points were made about frames, and so forth, which need to be considered. We want to get the best advice and expertise available, to get the definition right, and then, as the hon. Member for Blaydon said, make the definition transparent and available to anyone.
Simon Hoare
I entirely take the point made by the hon. Member for Blaydon about the need for clarity in handling disputes. If I have heard my hon. Friend the Minister correctly, to deal with this important issue he proposes to take further soundings and seek clarification, and, when he and the Department have reflected on the amendments and discussion in Committee, to give the Government’s response on Report in the House, as is proper.
David Rutley
My hon. Friend makes an important point. I hope I have provided some reassurance to Members on both sides of the Committee that we are taking the matter seriously. I have never said that we are giving something serious consideration as often as I have in the past couple of minutes, and clearly my voice and tone are not as reassuring to people as they should be, but in the spirit of what we are trying to achieve, I hope that Members understand that important points were made in evidence, and there are processes that need to be undergone. Members have made important points in Committee about ifs, buts and maybes, and they need to be worked through, but I make a commitment that we shall give the matter proper consideration, with the right expertise, and move forward as quickly as we can. I hope that reassures Members on both sides.
I did not realise that there was so much interest in portrait miniatures until we got involved with the Bill.
Sue Hayman
I think the reason there is quite a lot of interest is partly that Emma Rutherford, the consultant, brought along such beautiful examples of portrait miniatures, but partly that it seemed to be a straightforward, easy thing on which we could all agree. I think that is why there has been such interest. I must say I am reluctant to let this go.
David Rutley
I understand the hon. Lady’s frustration to some extent, but having been asked to come off the substitutes bench to act as a Minister for a few weeks, I am learning that processes need to be put in place to ensure that various regulations and laws are respected and due process is followed before any changes are made. That is the point I am trying to make, perhaps not as elegantly as I should, but I hope that reassures her.
Sue Hayman
With reference to the point made by my hon. Friend the Member for Bristol East about looking at the implications of size, will the Minister undertake to work with me to take the matter forward and to table an amendment for consideration on Report, so we have that clarification in the Bill?
David Rutley
That is an excellent suggestion, and I look forward to working with the hon. Lady in the spirit of co-operation that we have seen today, to see how we can move it forward.
Sue Hayman
On the understanding that we will work together and table an amendment to clarify that area on Report, I am happy to beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 6 ordered to stand part of the Bill.
Clause 7
Pre-1947 items with low ivory content
Question proposed, That the clause stand part of the Bill.
David Rutley
Clause 7 sets out the second exemption under the Bill. Subsections (1) and (2) state that items made before 1947 in which the ivory content is below 10% of the total volume of the item and the ivory is integral to the item, so it cannot be removed without damaging it or without difficulty, are exempt from the prohibition of sales, provided they are registered under clause 10.
The 1947 date for de minimis items derives from the EU wildlife trade regulations as the date before which worked ivory does not currently need a CITES—convention on international trade in endangered species—certificate to be commercially traded, and is familiar to those in the antiques sector. That familiarity will aid the ban’s implementation.
The exemption recognises that items with a very low ivory content, such as inlaid furniture, or a dish or a teapot with a small ivory handle, are not valued on the basis of their ivory content. Further, in such pieces, the ivory is incidental and integral to the item. It cannot be easily removed, so it is not vulnerable to recarving. The threshold of 10% ivory content is higher than in a significant number of countries. At federal level, the US has a 50% by volume limit or 200 grams threshold for de minimis exemption, although some states, such as New York and California, have implemented tougher thresholds.
The de minimis threshold is supported by key non-governmental organisations, including the World Wildlife Fund, the Tusk Trust and International Fund for Animal Welfare, which recognise it as a tough measure. Enforcement agencies have also indicated their gratitude that we have opted for a volume rather than a weight-based threshold, as it is far easier to assess.
Ordered, That the debate be now adjourned.—(Mims Davies.)
Ivory Bill (Fourth sitting)
Thursday 14th June 2018
(5 years, 10 months ago)
Public Bill CommitteesRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 14 June 2018 - (14 Jun 2018)
Sue Hayman (Workington) (Lab)
The Opposition are quite happy with clause 7, which relates to pre-1947 items with low ivory content. Concerns were raised in evidence, both written and oral, by some members of the art world that the 10% volume could be problematic. We saw a silver teapot with quite a large ivory handle, and there were concerns that that could fall foul of that exemption and that removing the handle would cause irreparable damage to the artefact. My understanding is that the measure encompasses most items that fall into this category, but it would be interesting to hear from the Minister any comments that were made following the oral evidence we heard on Tuesday from art experts.
Alex Chalk (Cheltenham) (Con)
I want to make a few remarks about clause 7, and I do so having in mind the views of some small-scale auction houses that have raised concerns with me. The concerns are intended to be constructive, and I recognise that there are important competing arguments, but the question is whether it is really necessary to require the registration of pre-1947 items with low ivory content. The concern has been raised that that could lead, however unintentionally, to the law of unintended consequences such that a clause that was designed to preserve and exempt could inadvertently lead to damage and destruction, and I will explain why.
The first thing to note is, of course, that clause 7 is designed to catch items with a low ivory content of below 10%. I am advised that 10% is in fact the lowest or equal lowest figure in similar jurisdictions and that ordinarily 20% tends to be the threshold.
What sort of items are we talking about? We might be talking about an oak chest that has ivory escutcheons—the small amount of ivory that might be around a keyhole—or a teapot, which the hon. Member for Workington referred to, that has an ivory spacer. In other words, there is a small sliver of ivory between the teapot and the handle that is designed to insulate the handle and ensure that the heat is not conducted along it. We are talking about very small amounts of ivory. Such items cannot sensibly be referred to as an ivory object, because the volume of ivory is so tiny.
The auction houses make the point that these items do not really contribute to the ivory trade. I will explain their concern. Let us suppose that items come to light in the course of the sale of a deceased relation’s property and it emerges that one item contains a vanishingly small amount of ivory. Their concern is that there could be a perverse incentive on the part of the owner to say, “Oh, for goodness’ sake, registering this is going to be onerous and difficult. Either we should simply try to prise out the piece of ivory, thereby damaging the item itself, or we should destroy it altogether.” I am also advised that some of the items that we could be considering are brown wood furniture, which is not as desirable as it once was, and therefore there is a risk that the items could end up in a skip, which is clearly not want anyone wants to achieve.
I absolutely recognise that there is a powerful counter-argument, which is that if we want the whole exemption regime to be coherent, it is important that every single ivory content item that is exempt is properly registered, and there is a risk, therefore, that we could create inconsistency. I entirely acknowledge that powerful argument, but it seems to me that the auction houses have a point, so I invite my hon. Friend the Minister to comment on the issue of registration.
It is key that we ensure that the registration process is quick, affordable and not too bureaucratic, so that when an item is discovered in the course of a furniture sale, instead of being told that it will cost a huge amount of money and time to defer the process, an individual can be advised that it will be a matter of a short, proportionate pause and a small, proportionate outlay to ensure that the item becomes legal. The undesirable incentives that I have referred to would, therefore, be avoided.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
It is good to serve under your chairmanship, Mr McCabe, and thank you for keeping me in order. Like other hon. Members, I was keen to get to my feet to talk about this important Bill.
A few points have been raised. I am grateful for the broad support for the de minimis category. The hon. Member for Workington asked whether we had heard from any art galleries and so on about the 10% threshold. In general, we monitor their feedback following our Tuesday evidence sessions. So far, interestingly, there has been very broad support for what we are doing. In the spirit of being collaborative, as we have been today, we will share any further information with her.
My hon. Friend the Member for Cheltenham raised several important points about the registration process. It is important that we are trying to establish a prohibition and that only small exemptions would be available. Sometimes, when we start to think about those exemptions, there is a tendency to want to try to open them up, but actually, we are trying to narrow them down. That means that we need to have a consistent approach and to be able to monitor the application of the exemptions using the electronic database that we are setting up. It will not be burdensome on resources; it can obviously absorb large amounts of data. Those resources will be needed to carry out spot checks and compliance checks.
The Government want to ensure that we have as limited a burden as possible on the application, so it will be easy to do online, but it is critical—my hon. Friend caught the balance in his contribution—to ensure that data is available to enforcement authorities and potential purchasers of the item to ensure that they act in compliance as well.
Alex Chalk
I appreciate that the details may have to be settled in due course, but can the Minister give an indication of the approximate cost of an application and the approximate length of time it will take to complete?
David Rutley
It will be a relatively speedy process. On the cost, we have said that small fees will be involved. That will become clear as we carry out the work. The aim is to recover the costs involved in establishing the IT system and the compliance arrangements, rather than to create surplus funds. The fees will be small and the process will be as simple as possible, but it is there to create a consistent approach.
Sue Hayman
I have a small comment about the points made by the hon. Member for Cheltenham. In relation to the fairness and openness of what we are trying to achieve, keeping the exemptions as small and as tight as possible is important, and we would support that. The enforcement officers we heard from on Tuesday made it clear that they would want as few exemptions as possible in order to do their job successfully.
David Rutley
I thank the hon. Lady and, once again, we strongly agree on the same point. We are saying that the exemptions need to be robust, and my hon. Friend the Member for Cheltenham is saying that they also need to be proportionate. I think we have the balance right.
It is also important to reiterate to my hon. Friend that although people may want to sell some of those items, and we are putting a ban in place to make that more difficult, they can be gifted or donated to other people who might appreciate or have space for them. Certain charities might benefit, but the items would not be for resale. Gifts and donations are fine. We just have to look again at the way we treat ivory. This involves a cultural change for some people. We are all on a journey and the measure will help in that regard.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Pre-1975 musical instruments
Question proposed, That the clause stand part of the Bill.
David Rutley
The clause exempts from the prohibition of commercial dealing certain musical instruments containing ivory. Subsection (1) sets out that if a musical instrument is made before 1975 and less than 20% of it contains ivory, the item will be exempt, provided that it is registered as set out in the Bill, from the prohibition of the trade of ivory in the UK.
Subsection 2(a) defines a musical instrument as an item whose primary purpose is to be played as a musical instrument. It explicitly excludes items that, although they may technically be used as an instrument—in other words, they could produce a sound or be used to beat a rhythm—that was not their primary purpose on manufacture. That also extends to items intended as ornaments.
Subsection 2(b) confirms that items used as an accessory to play a musical instrument, such as a violin bow, are within the definition of the clause. The exemption recognises that musical instruments, particularly expensive ones, continued to be made with ivory until late into the 20th century. As the Government have no intention to unduly affect artistic and cultural heritage, nor to unduly affect the livelihoods of professional musicians, the exemption extends on the general de minimis exemption.
We heard from the musicians sector about the significant value of some instruments and the role they play in professional musicians’ retirement plans. The backstop date at which Asian elephants were first listed under appendix I of CITES was 1975, before the poaching crisis of the 1980s. Evidence provided through the consultation, including from the Musicians Union, showed that the vast majority of commonly played and traded instruments, including violins, pianos and bagpipes, contain 20% ivory or less by volume.
Sue Hayman
The evidence we took on Tuesday from musicians was interesting. They supported and broadly agreed with the measure, and were pleased with the exemptions because they will allow them to continue to work as musicians, whether professional or amateur. It was particularly interesting, however, to hear them say that they have had to deal most recently with the rosewood legislation, which CITES brought in last year. Rosewood is a protected species and that has had a big knock-on effect on the music industry because of the number of instruments made from rosewood.
The musicians said that that legislation had resulted in them having to fund a large education programme for their members and the wider music industry, so that the music industry understood that rosewood was now a protected product. They said that the legislation has had a large impact on the music industry, both in manufacturing and in buying and selling. I raise the issue because they said that it has been a really big challenge for them. Although they welcome and support the Ivory Bill, it would also create similar challenges, as they would have to do a fairly large education programme right across the industry—all sorts of people have musical instruments and many people have very old instruments, which might be in their attic—just to get that understanding across.
Education was discussed on a number of occasions in the evidence sessions. What kind of educational support programmes and guidance are the Government considering in relation to the Bill? Are they seeking to work in particular with industries, such as the Musicians Union, to get that information across to its members? Otherwise, it is a huge burden on them to do it on their own.
Kerry McCarthy (Bristol East) (Lab)
I start by drawing the Committee’s attention to my entry in the Register of Members’ Financial Interests.
It was good to hear the Musicians’ Union and the other associations that gave evidence confirm that they were delighted with the progress that has been made. I know that when an ivory ban was first talked about, they were very concerned that, given all the talk about the antiques trade and the obvious focus on conservation and animal welfare, musicians would get left out and owners of instruments containing a small amount of ivory would be overlooked. It is very good that the Government have listened to them and seem to have reached an agreement. They also confirmed that although the ivory ban was introduced in two tranches—in 1975 and 1989—they were comfortable with the fact that the ban applies to all instruments post-1975.
However, I still have a couple of concerns. I think that we will get on to one of them later, when we discuss clauses 10 and 11. It is about the fact that the registration certificate travels with the owner. So, if an owner sells an instrument, the new owner has to go through the whole process again, as opposed to the certificate travelling with, or being attached to, the instrument. I would have thought that something similar to car logbooks could be used, whereby there is just a change of name on the certificate; but we will discuss that later.
During the evidence session, there was some proposal about a blanket ban on online sales and I know the Minister would have noted that there was concern about that. However, it does not look as if anyone is bringing forward such a ban. We did not discuss it when we were considering clause 1, so I think that we are okay on that point.
However, one issue that musicians need clarifying in the Bill is whether exempted instruments that are sent abroad for repair will be allowed to return to their owner without any huge delays or additional paperwork. I think that such instruments would be at the higher end of the market. Because of their rarity, intricacy and value, they often need to be sent to other countries for intricate repairs, so it would be a real problem and a huge shame if they were to be confiscated, either abroad or on their return through customs. So I should be very grateful to the Minister for clarification of whether he has looked into that; if not, perhaps he could make efforts to address that issue in the Bill.
My other concern echoes what my hon. Friend the shadow Minister said about how we raise awareness of this provision. The Musicians’ Union can obviously reach out to its own members, and if people are professional musicians or own a musical instrument business, this is something they may well hear about. However, I am concerned that an awful lot of people, including some people who may just own guitars, may not hear about it.
When Alan Johnson was Home Secretary, people praised him for having come from a humble background and having attained such an exalted position, but what he still really wanted to be was a musician and I think that Tony Blair was of the same opinion as well. Indeed, I suspect that there are rather a lot of men of a certain age who have still got their guitars sitting there, which they have had for a rather long time. [Laughter.] It is people such as that who may well be affected by the Bill, so how do we spread word about it to them?
I have a friend who is not only a musician but a guitar repairer; he has been doing guitar repairs for more than 30 years and is attached to a particular shop. He must have worked on thousands of guitars over that time, including some incredibly intricate ones. In fact, he repairs not only guitars but ukuleles, mandolins and banjos. I remember that one instrument in particular was inlaid with all sorts of mother-of-pearl and lights that flashed every time a string was plucked. That one was incredibly rare and required an awful lot of work.
What is interesting is that I spoke to him and asked, “Were you aware of the rosewood ban?” He said yes, because the shop knew about it and had stopped selling rosewood guitars; it sells fake rosewood guitars now. However, when I mentioned ivory to him—bear in mind that this is somebody who for 30 years has taken guitars to pieces and put them back together again, and twiddled with the knobs, and got vintage knobs off one thing and put it on another thing—he said, “Oh, I just assumed it was bone on the guitars that I worked on.” He had no idea that he might be working on instruments that had ivory on them. I suppose the shop will get to hear about the legislation, but he does a lot of repairs for people who just phone him up or musicians who pop in and give him their guitars to work on.
I will tell my friend about the legislation, so he will be in the clear, but how do we ensure that all those musicians who come in and out of the shop realise that they have ivory in their guitars? Obviously, that also applies to all sorts of other instruments that might have a small, perhaps not very noticeable, piece of ivory in them. How will they know what the requirements are? The registration certificate is quite complex and a lot of people will just not bother completing and submitting it, even if they are slightly aware, because they are unlikely to be caught. There will be a job of work to do to ensure that people do not fall foul of the law without meaning to.
Liz Twist (Blaydon) (Lab)
Has the Minister considered the position of a local regional musical instrument, the Northumbrian pipes, which are peculiar to Northumbria and the surrounding area, including my constituency? A number of pipe-makers have expressed concern about how they can preserve and continue the tradition of Northumbrian piping, given the current provisions. Clearly there is the question of the percentage exemption, but there is concern that recently made pipes, which were made legitimately in accordance with the legislation at that time, might fall outside the limit.
The pipe-makers have submitted evidence. Has that evidence been considered, and are there any measures that could assist them? It is a great local tradition. I should say that the Northumbrian Pipers’ Society has made it absolutely clear that it does not wish to do anything that would undermine a ban on the sale of ivory or disrupt the legislation. Its members told me that they reuse ivory from things such as old billiard balls. That was perfectly legitimate when the pipes were made. I just wondered whether any consideration had been given to that.
Alex Sobel (Leeds North West) (Lab/Co-op)
It has caught my eye that the definition of musical instruments includes plectrums, which are obviously widely used, particularly by professional musicians, to play guitars. A plectrum is a very small item, and there is quite a strong trade in mammoth ivory guitar picks or plectrums. One website that sells them says:
“Due to the density of the material, Mammoth Ivory picks produce a nice, bright, strong tone without the harshness of metal picks, especially on acoustic guitars.”
We heard from the Musicians’ Union that musicians spend their entire careers gathering such instruments, including plectrums, and then sell them upon retirement. It is not a profession that comes with a pension, so that is part of their livelihood. The Bill indicates that the volume of ivory in the instrument needs to be less than 20%. I would like some clarity from the Minister regarding whether that would include plectrums. Mammoth ivory plectrums are entirely made of ivory. Would the trade in mammoth ivory tusks—obviously, mammoths became extinct more than 10,000 years ago—completely vanish or would the effect be that people would have to sell plectrums with guitars? The plectrum could form part of the guitar, and then the volume of ivory would be less than 20%. Sometimes legislation can have unintended consequences. I am interested in that particular one.
Anna Turley (Redcar) (Lab/Co-op)
I echo my colleagues’ comments about how important it is that we get the clause right. Musicians’ livelihoods can often be insecure and short term. Often they rely on their instruments to carry out their trade, business and livelihood. Also, in the long term, those instruments are often their pensions and investments. They are tools of the trade. It is vital that we get this absolutely right for a crucial industry.
We had a long discussion this morning about museums and the qualifying bodies that give advice to the Secretary of State, and that will be able to undertake the registers. I fear there is a bit of a gap. If a musician, who is not an expert in ivory, has a number of guitars or plectrums in their bedroom and they are concerned that they are made of ivory, to whom to do they go to ask whether an item is covered? As colleagues have said, we do not want to catch people who have no intention of breaking the law but who are unaware of it. Is there somewhere people can go for advice pre-emptively to ensure they are not falling foul of this new law?
David Rutley
Hon. Members have raised some very interesting points, some of which I had not anticipated. They were good none the less. We are up for the challenge this afternoon.
On the very good question about broader education, it is clear that lessons were learned from the listing of rosewood last year about how to communicate effectively with the industry, and how the application of restrictions can be brought into force more effectively. As a result of that, DEFRA is working to ensure that we have better contact with the musical instrument industry through a number of different forums, such as the quarterly CITES stakeholder liaison meetings. Clearly, we need to build on that in our preparations for moving forward with the Bill once it has received Royal Assent. We are planning a programme of awareness-raising, aimed at working with the relevant sectors that will be affected by the ban. The new regulator—the office of public safety and standards—will have a job of work to do to raise awareness and work through compliance issues. It will need to set out clearly what the provisions are and how to comply with them. Steps will be taken to address those issues.
The hon. Member for Bristol East made an interesting observation about certificates and registration. Unlike registration, the certificate will be valid for only a single change of ownership. Registration is very different from the certificate. That will mean that the compliance arrangements will be a lot clearer, because the person will have to re-register for each transaction. That is different from the “rare and most important” category.
Kerry McCarthy
This is really about clause 11, but I do not understand why a new owner has to re-register. That does not seem to make sense. In the same way as a registration certificate is attached to a car, why cannot one be attached to a musical instrument? We have expressed concerns about people not knowing that they have got to go through this process, and it seems that this has created an awful lot more work.
David Rutley
We can have that debate when we get to that clause. We are trying to ensure that we have a robust system, and that there is not too heavy a burden on the Government. We want our approach to be light-touch but effective. We can debate that more, and I am sure we will.
The hon. Lady asked some very interesting questions about items going abroad for repair. I did not know that happened. The exemption applies to UK imports and exports, so if the item satisfies the exemption in the UK, it will be allowed to be re-imported under the musical instruments exemption. To reiterate, the item must be registered under clause 10, and the person must apply for the relevant permit certificate under the EU wildlife trade regulations. The Bill builds on the EU wildlife trade regulations, so both need to be satisfied.
Questions were asked about Northumbrian pipes. It a great part of the world, and I know that is a strong tradition in the constituency of the hon. Member for Blaydon. We are trying to create very tight exemptions, and if a Northumbrian pipe contains more than 20% ivory, it will not qualify for the exemption. That is a challenge. The point we made on Second Reading is that the item can still be played, owned, gifted, donated or bequeathed. We might be able to look at options to keep that tradition alive, but I am afraid Northumbrian pipes would not come under one of these exemptions, and it would be very difficult to have a specific one for just one category. There might be other ways in which that tradition can be kept alive for future generations.
Mrs Pauline Latham (Mid Derbyshire) (Con)
Plectrums are surely independent from the musical instrument; they are something that somebody chooses to use. If they are 100% either mammoth or elephant ivory, they will not be able to be sold. It is highly unlikely that any musician will rely on selling those in order to fund his or her retirement, because they are such small parts. I would have thought that that is a bit of an irrelevance. I do not know if the Minister agrees.
David Rutley
In the scheme of what we are debating, it certainly is a small item. However, for those involved, it may be significant. My hon. Friend is absolutely right: if it is made of elephant ivory, it does not comply. However—we will debate mammoths at length when we debate clause 35, I am sure—mammoth ivory is not in the scope of the Bill as it stands, and therefore a plectrum will not be affected if it is made of mammoth ivory.
Sue Hayman
I will ask the Minister for a couple of clarifications; these may be covered in the Bill, but I am flicking backwards and forwards. First, the Minister mentioned the new regulator when talking about education and information. Are the Government saying that the new regulator will have a duty to educate and inform the affected industries? Just so I am clear, how will it work with the Department? If the Government have not decided, that is fine; I just want to know where we are.
Secondly, although this may well be covered in the Bill, I want to return to the point raised by my hon. Friend the Member for Bristol East about certifications when going abroad for repairs. If someone has sent an instrument abroad for repair, not having realised that they should have registered it—which is obviously one concern of the Musicians’ Union—and is told that they cannot bring the instrument back into the country, will there be a method whereby they can apply for that certification in order to bring that instrument over? I am just trying to get clarity, so that I know exactly where we are on those particular issues.
David Rutley
The OPSS will have a role in driving awareness. However, we clearly need to work through how it will carry out that task. Lessons will need to be learned from the rosewood example and other situations.
It is exciting that people generally are clearly learning very quickly about plastics, and we need to capture some of that enthusiasm in the same way on ivory. I think that will be quite straightforward for some people, but for those who are unaware that their item has any ivory in at all, more work will need to be done. That is what the OPSS will do. The exact detail of that will be drawn up with the action plans. The decision that the OPSS will be the regulator is very recent, so there is clearly a lot more work to be done on that point. On the point about people not being aware of an item’s containing ivory, I will write to the hon. Lady to provide some clarity.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Acquisitions by qualifying museums
Sue Hayman
I beg to move amendment 6, in clause 9, page 5, line 31, leave out from “that” to end of line 33.
This amendment would only permit acquisitions by qualifying museums to be exempt if the item is also registered under section 10, in all circumstances.
We tabled the amendment because we felt that clause 9(2)(a), which relates to acquisitions by qualifying museums, was also covered under clause 10 in all circumstances. The issue is whether paragraph (a) is strictly necessary. Surely all ivory items will be registered under clause 10, if they are held by a qualifying museum. I am just trying to join up clauses 9 and 10 logically, but I may have missed the reason why the provision is in the Bill. We would like clarification of what otherwise seems to be unnecessary confusion. Will the Minister enlighten us?
David Rutley
I thank the hon. Lady for her careful consideration of the issue. I understand her desire to ensure tight control over exemptions. The intention of the clause is to provide for an exemption to the prohibition on dealings in ivory to and between qualifying museums. There is a strong argument for allowing the exemption on the grounds of national and international cultural exchange of heritage.
There is some doubt as to whether the amendment would achieve its stated intention. Were it to be accepted, the effect would be for qualifying museums to have to register items of ivory in every circumstance and to deal only in items meeting one of the other exemptions. The amendment would in effect remove the museum exemption. That is neither our intention, nor what we have set out publicly.
We should bear in mind that a qualifying museum is one accredited by either the Arts Council England, the Welsh Government, Museums Galleries Scotland or the Northern Ireland Museums Council. For museums elsewhere, they must be a member organisation of the International Council of Museums. Accreditation by those bodies requires adherence to high standards of governance and financial management and, as we heard in evidence, high ethical standards.
To require registration by qualifying museums in all circumstances would undermine the reasons for providing qualifying museums with an exemption and be a disproportionate burden, particularly as we do not believe the exemption is likely to contribute to continuing poaching of elephants. We intend, however, that a person seeking to sell an item to an accredited museum will be required to register it. The purchasing museum will be required to confirm its purchase.
With that explanation, I ask the hon. Lady to withdraw her amendment.
Sue Hayman
I am not entirely sure what kinds of items are covered. Surely any exempted item is covered by clause 10. I am trying to understand what items we are considering.
David Rutley
I understand the hon. Lady’s point. We are trying to be very narrow in our approach. An example that might be useful—it certainly helped me to understand this case—is a museum that wanted to have a household object for a display on social history. The item has direct relevance to a period of time in a social history exhibition, so it would not qualify under the other exemptions we have discussed, if it is more modern, but it would still be directly relevant to the museum’s exhibition.
Sue Hayman
I thank the Minister for that extremely helpful explanation. Basically, he is talking about items that would not come under the exemptions because they are not the rarest and most sought after, but are important items in the context of an exhibition. That would be allowed to take place only within the confines of a museum; it could not take place universally.
David Rutley
Let me give another example to make it come alive a bit more. We heard from the Victoria and Albert Museum that a post-1918 item made wholly of ivory, such as an art deco item, which would not be exempt elsewhere, might be relevant for a particular display, in terms of culture and heritage. Of course, that would have to take place in line with the museum’s very strict acquisition processes.
Without seeking to become an expert in how museums acquire these things, I think that it was clear from our evidence session that they have very strict approaches, which would still be in place. This is a discreet exemption for museums because they are held to higher standards. They are regulated in a different way, and are subject to restrictions that do not apply to other holders and owners of ivory. We need to make sure that there are regulation processes outwith museums, but museums are required to work at very high standards.
Because there might be some items that sit outwith the exemptions we have broadly agreed upon, we want to continue to have the exemption for museums. There is a danger that the wording of the amendment would nullify the museums category. I hope that the hon. Lady will see that it would be wise to withdraw the amendment. We can discuss the matter more outside the Committee if that is required.
Sue Hayman
I thank the Minister for that explanation. We are all aware that this is a complex Bill, and the exemptions are even more complex. It is important that we get this right and that there is a proper understanding of the purpose of each clause. I fully understand that explanation, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 9 ordered to stand part of the Bill.
Clause 10
Registration
Amendment proposed: 7, in clause 10, page 6, line 34, at end insert—
‘(1A) In the case an exemption under section 7 or 8, an item only satisfies the relevant exemption conditions if the volume of ivory in the item relative to the total volume of the material of which the item is made has been calculated in accordance with a method provided in guidance by the Secretary of State.’—(Sue Hayman.)
This amendment requires a person registered an pre-1947 item with less than 10% ivory content, or a pre-1975 musical instrument with less than 20% ivory content, to calculate the ivory content according to a method set by the Secretary of State in guidance.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
New clause 4—Record of item provenance—
‘(1) The Secretary of State shall make arrangements for persons—
(a) applying for an exemption certificate under section 3, or
(b) registering an item under section 10 to be able to associate the item to which the application or registration relates with previous registrations or previously issued exemption certificates.
(2) Where an exemption certificate is issued in respect of an item, or where an item has been previously registered, and the Secretary of State is satisfied that the item has previously been registered or had exemption certificates issued in respect of it, the exemption certificate or registration shall record all previous exemption certificates issued or registrations made in respect of that item, including the dates on which any certificates were issued or registrations made.’
This new clause allows for exemption certificates or registrations to record all previous exemption certificates or registrations issued for that item, in order to establish a record of each item’s ownership and provenance.
David Rutley
The purpose of clause 10 is to provide the compliance regime that must be followed by the owner of an ivory item prior to carrying out a dealing that falls under any of the exemptions provided for in clauses 6 to 9. The subsections set out the registration process to be carried out on a Government website, although alternative telephone and postal methods will be provided for those who are unable to use an online system.
To register an item as exempt, the owner or a person acting on behalf of the owner must provide: their name and address; a description and a photograph of the item, including any distinguishing features; and a declaration that the item satisfies the conditions of one of the exemptions for musical instruments, de minimis items, portrait miniatures, and objects that an accredited museum has confirmed its intention to purchase or hire.
Simon Hoare (North Dorset) (Con)
Subsection (1)(a) refers to the registering of the owner’s name and address. With regard to the personal safety and security of the owner—because we know that there are some fanatics out there who will go to any lengths—and protection from theft and burglary, will the Minister confirm my understanding that names and addresses on the register are not available to the public? Can he also confirm whether it would be covered by the Freedom of Information Act?
David Rutley
I assure my hon. Friend that the individuals’ names will not be publicly available. This is purely to enable the registration process to move forward, and for the regulator and enforcement agencies to have sight of who registered the item. That information will not be made available.
Simon Hoare
I am pleased to hear that confirmed. What the Minister proposes is the right approach. The freedom of information request could be a thieves’ “Yellow Pages”, even if the information were to be redacted in some way. I appreciate that this is a legal question and I am not necessarily expecting an answer now, but during the course of the debate, could the Minister confirm whether, as far as the Secretary of State is concerned, that register is FOI-able? That might be helpful.
David Rutley
Once again, with forensic skill and deep analysis of what is going on, my hon. Friend makes another important point about freedom of information and its potential dangers for individuals. I reassure him that freedom of information protects private information, so he does not need to worry about that issue.
Simon Hoare
The register will be maintained by the Secretary of State in his public capacity, not his personal or private capacity. I do not want to dance on the head of a pin, but can the Minister confirm that while it is a state-held register, held by the Secretary of State, it is absolutely not FOI-able?
David Rutley
My hon. Friend raises quite a technical point. If he does not mind, I will write to him to provide that detail.
David Rutley
Returning to the clause, registration will require an explanation of any planned commercial activity for the item. We recognise that there might be occasions when an item is registered for non-commercial reasons, such as to satisfy insurance requirements. Subsection (1)(f) provides for the Secretary of State to specify, in guidance, any other areas of information that must be provided.
Subsection (1)(g) allows the Secretary of State to issue regulations that will prescribe a fee payable by those registering an item for commercial dealing, such as sale. The fee will be in line with the Government’s principle of cost recovery, as we talked about earlier, to reflect the cost of establishing the registration scheme, including the new IT system.
We also intend the registration scheme to apply to those who wish to import into the UK items bought abroad that meet one of the categories of exemption. Again, we have talked about some of those, such as the musical instrument exemption. By registering the item, the owner will confirm that, to their understanding, the item qualifies under the relevant exemption. This registration must take place prior to the dealing of that item. The system will be administered by the Animal and Plant Health Agency.
In submitting the required information to register an item, the owner will in effect be making a declaration that the item is as they have described. Subject to the requirements of the registration process being fulfilled, confirmation of the registration of the ivory item will be issued, which will permit the owner to engage in dealing with that specific item. Should it transpire, as a result of either a check of the system by the Secretary of State or compliance and enforcement activity by the regulator or police, that the information does not match the item in question, the owner may be liable to prosecution.
I thank the hon. Member for Workington for tabling new clause 4. I think we all agree that we need to make the process as transparent and open as possible. As we discussed in relation to new clause 1, the Government intend to publish the number of exemption certificates issued. I appreciate the intention behind the new clause, which is that the Government should be able to build up a clear picture of the movement of items exempted under clause 2 as they are bought and sold, and of items registered for exemption under clause 10. I should clarify that an exemption certificate will be associated not with a person, but with the relevant item—we touched on that earlier in the debate. A registration, on the other hand, will be valid for only one commercial dealing resulting in a change of ownership—that is, a sale. Once an item has changed hands, the registration expires.
We need to ensure the right to privacy of owners and sellers, in line with the Data Protection Act 2018. We therefore doubt whether it would be permissible to list a current or previous owner’s name on either exemption certificates or registration certificates, as they might be displayed publicly by the seller, or by someone acting on behalf of the seller. In the case of exemption certificates, they will also be required to be passed on to the purchaser.
We are looking at the possibility of publishing data annually on the types of items exempted under each category—for instance, how many pianos are registered under the musical instruments category. Again, the publication of any further detail will have to be considered in line with the Data Protection Act, in order to ensure the right to privacy of owners and sellers. We talked about some of these tensions in the earlier debate.
In addition, law enforcement agencies and the regulatory authority will have access to the database for registration, so they will be aware if previous applications have been made in respect of an exemption certificate under clause 3 or a registration under clause 10.
Sue Hayman
In amendment 7 we are looking at an item that has been exempted under clause 7 or clause 8. The item would then only satisfy the relevant exemption conditions,
“if the volume of ivory in the item relative to the total volume of the material of which the item is made has been calculated in accordance with a method provided in guidance by the Secretary of State.”
The amendment requires anyone registering a
“pre-1947 item with less than 10% ivory…or a pre-1975 musical instrument with less than 20%”,
to calculate the ivory to a set, prescribed methodology.
We looked at tabling this amendment following the oral evidence we took on Tuesday from the Chairman of the British Art Market Federation. I asked a question about volume and measurement and how that would work, and his concern was that there could be discrepancies in the way that volume was measured. There was a clear appreciation of the fact that measuring by volume is the right way to move forward; it is much more practical than measuring by weight. If we are going to measure by volume, it would be helpful to have a clear and consistent method of calculation so that nobody accidentally falls into criminality because they use a system of measurement that is not recognised by the Secretary of State. We just seek to provide clarity to the music and art world, and to museums, that, “This is the prescribed method, and we expect you to use this system if you are to get your certification.”
David Rutley
I thank the hon. Lady for the amendment, but I believe that it would add an unnecessary and disproportionate requirement to the registration process. The clause establishes the compliance regime that must be followed by the owner of an ivory item who wishes to deal in that item under any one of the exemptions. The registration process already requires a description of the item and a photograph to confirm the distinguishing features. From responses to the consultation, we understand that the majority of commonly played and traded musical instruments and accessories, such as pianos and violin bows, are less than 20% ivory. We also believe from the evidence we have received that it is reasonably easy to assess with the naked eye whether an item is 10% or less ivory by volume. Indeed, we believe that it is easier to assess against a 10% threshold than, for instance, a 30% threshold.
Anyone who registers an ivory item will have confirmed to the best of their knowledge that the item in question meets the relevant category of exemption, and will have submitted information or evidence about it—photographs, for example. Spot checks will be carried out on registered items by enforcement and compliance officers to confirm that they are exempt from our ban. If an item is being used commercially, regulators or the police may check to confirm that it is registered and compliant, and may take appropriate action if necessary. Given that explanation, I ask the hon. Lady to withdraw her amendment.
Alex Sobel
In the US, President Obama introduced a ruling similar to the one we seek to make. The United States Grammy organisation, which has a role similar to that of the British Phonographic Industry in the UK, has published useful guidelines. The US Fish and Wildlife Service supports musicians with looking at the ivory content of their instruments, because there is a similar 10% de minimis rule in the US. The guidelines mention bagpipes, which I am sure my hon. Friend the Member for Blaydon is interested in, and keyboards. There is also a 200-gram limit. Bagpipes, keyboards and pianos are the sorts of items for which there is difficulty working out whether they meet the criteria. Will the Minister look at that good practice in the US?
David Rutley
I thank the hon. Gentleman. He is clearly seeking to find ways to assist with getting judgments right in what can be quite difficult circumstances. I think it is fair to say that, from the evidence we heard and certainly from the submissions to the consultation, the enforcement agencies believe that this is a proportionate approach, and that it would be much more difficult if gram weight, for example, were used. The volume basis is a much better way to move things forward.
It is difficult to specify a method that fits all items well. The hon. Gentleman is obviously more of an expert on the US system than I am—I cannot even pronounce the name of the agency he referred to. It was refreshing and encouraging to hear in evidence that the 20% threshold will work for the vast majority of musical instruments, and that the enforcement agencies feel comfortable that that is a way to take the process forward—notwithstanding the unique issues with Northumbrian pipes, which we will talk about separately.
Liz Twist
I thank the Minister for pre-empting my comment. Northumbrian pipes are very distinct from bagpipes—they are a very specific regional variation. The question of estimating the volume of ivory is important and the amendment seeks to address how that can be calculated.
Anna Turley
I rise to speak to new clause 4. I want to express my concern about resources. What we heard in evidence this week gave me serious cause for concern. I was shocked that the CITES Border Force team at Heathrow has only 10 people and that the National Wildlife Crime Unit has only 12 people, given the existing scale of the problem, which I think was 1,000 seizures per year. They will have an awful lot of work to do when the Bill is in force.
This is not the place to make political points, but resources are critical to the Bill’s success and we all know the pressures there have been on police budgets in the current climate. It is therefore imperative that the relevant bodies have the resources they need to enforce this law, for it to have any value whatsoever.
Sue Hayman
New clause 4 would establish a record of any item’s provenance. Items to be exempted are, as we know, the most rare and most important of their kind. When such important items are sold, whether privately, individually or through an auction house for museums or galleries, their provenance would tend to move with them so that the purchaser has confidence that the item is genuine and knows who bought it before and where it has been stored or exhibited.
The idea is for the Secretary of State to make arrangements so that persons applying for an exemption certificate under clause 3 or registering an item under clause 10 could associate the item to which the application or registration relates with previous registrations or exemption certificates. Where an exemption certificate has previously been issued in respect of an item or an item has been previously registered and the Secretary of State is satisfied that that is the case, the exemption certificate would also record previous exemption certificates issued and registrations made in respect of that item. In particular, it would include relevant dates so that any certification or registration follows the item. The Minister has made it clear that registration is for the item, not the individual, so it makes sense for the history to move with the item as it goes through any future registrations or exemptions.
On Second Reading, the Secretary of State stressed the importance of ensuring that an item’s provenance can be guaranteed, and that is what the new clause tries to achieve. It would provide security for future owners, who would have full details of an item’s history in this area, as is normal for many items sold or within the art world. It would also helpfully flag up any replacement certification. It may also be helpful in trying to counteract any fraudulent behaviour regarding multiple replacement certificates. If those previous certifications followed the item, it would be very clear if there was a particular item for which a number of replacement certificates were being requested. I ask the Minister to consider the value the new clause could bring to future owners of the items we are talking about.
David Rutley
There are a few items. We are going in a slightly different order, but we are going with it, in the spirit of the Bill. We are getting through it and I appreciate the co-operation.
David Rutley
We are. We are fleet of foot, that is for sure. Some of the questions are quite interesting.
As we are talking about lots of different issues at this point, I want to go back to the comments from the hon. Member for Leeds North West, to bring it together. The musicians sector has said that it is broadly happy with the 20% exemption. Particularly for pianos, the vast majority are definitely going to fall within that exemption, so that will be fine. The US has a different arrangement, but our enforcement bodies were very clear that they did not want a weight measure. It just made it more difficult. Just so we are all clear, the US body is called the US Fish and Wildlife Service—I thank my officials for that.
A very good point was raised about resources. Obviously, public finances are always under scrutiny and we need to make sure that they are being best used. The National Wildlife Crime Unit is jointly funded by the Home Office and DEFRA and will be funded up to 2020, and there are ongoing conversations about that. Future funding decisions about such bodies will be for the Home Office, and the Home Secretary has said he is working on those matters. We should also not forget that we have the regulator involved.
Alex Sobel
The US Fish and Wildlife Service’s Office of Law Enforcement is similar to our National Wildlife Crime Unit. I discovered that it has eight regional offices and a national office, and 383 staff to undertake the same work as our 12 staff in the National Wildlife Crime Unit. Obviously the US is a much bigger country with a population of 300 million, but the resources are way in excess of those available to us to do this role. We should look at the stark difference between us and the US.
David Rutley
We will seek to learn lessons from them. We are getting a regulator and a new system in place here. It was very clear that the witness who we had in front of us from the National Wildlife Crime Unit was a very committed individual. We need to figure out how we can best move this forward. In the spirit of this free-flowing Committee, let us get on with it. We will learn as we go a bit here. I am sure there will be further challenges and further learning as we move things further forward.
On new clause 4, as I said in my speech, we do not believe that there is any need for further information on provenance regarding the registration process, as clause 10(1)(b) requires a description of the item and its distinguishing features, which will include details on its provenance and age. That is available in the registration process.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
It is extremely important, given the evidence that we heard from the National Wildlife Crime Unit, that resourcing follows the Bill. I would like reassurances from the Minister in that regard. We heard clear evidence that its current shelf life, so to speak, is only to 2020—it is only resourced up until 2020. It is extremely important for long-term planning that that is extended. That is quite timeous, actually, because it is not only about long-term planning, but also holding on to staff with great expertise in the field. The last thing that any of us working together on the Bill would want is not to be able to enforce its provisions.
David Rutley
The hon. Lady makes an important point. Obviously, the resources will be important. We know that they are in place until 2020. We also know that we are making an important statement with this Bill in tackling the trade in ivory. We need to make sure that the resources and the systems are in place. We have had questions today about how we can improve and enhance the system, so there is a lot of work that we need to do. I am not trying to suggest that resources are not important. I simply think that they are one part of a package that we are moving forward on.
The Chair
If I can ask Ms Hayman to be quite nimble, I will take her back to amendment 7. Does she want to press it to a vote or is she seeking to withdraw it?
David Rutley
While the hon. Lady thinks about it, perhaps I can explain that although our approach will require resources, it will also require online tools so that we can have a proper registration and certification process in place. I do not know whether that has given the hon. Lady enough time to revisit the amendment.
Sue Hayman
Yes, it has—I thank the Minister for his support on that. On the total volume, as long as the guidance that is provided to support the Bill once it has become law is clear about support for individuals who are assessing the volume of their items, and that any accidental criminality, owing to people falling on the wrong side slightly of the volume calculation, is avoided, I will withdraw the amendment. The guidance needs to be clear about the implications and the best way to find help and support. We are talking about musical instruments: people might not have any idea how to calculate this, so there needs to be proper access to people who can. It is important that that information is easily available so that people do not accidentally fall on the wrong side of the law. If the Minister can give me that reassurance, I will be happy to withdraw the amendment.
David Rutley
Yes, I can reassure the hon. Lady that proper guidance will be available. The enforcement agencies that we spoke to during the evidence sessions were committed to the volume-based approaches, and they seem able to move on. They did not query it when we met, so I can give her those assurances.
Sue Hayman
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 10 ordered to stand part of the Bill.
Clause 11
Further provision about registration
Question proposed, That the clause stand part of the Bill.
David Rutley
The clause is largely technical; it provides further information on the registration process and ensures that the Secretary of State has the necessary levers to ensure that the process works effectively and is not open to abuse or misuse. Subsection (1) ensures that the registration of an item would cease to be valid as soon as its owner changes. Unlike the exemption certificate issued for items under the rarest and most important category, registration allows the current owner either to sell their item or to engage in other forms of dealing that do not result in change of ownership, such as hiring the item. The registration is therefore associated with the individual and is valid for a single change of ownership. It is different from certification.
The owner must register an item in order to carry out dealings but does not need to register an item each time a commercial dealing is undertaken, as long as the owner does not change. For example, if the owner wishes to hire the item multiple times, they complete a single registration for the item to be subject to hire. If the owner changes, however, the registration becomes invalid and the item must be registered by the new owner before they can carry out any dealing. This applies to individuals and organisations.
Subsection (2) sets out that once the owner registers an item under clause 10, they have a responsibility to ensure that the information recorded in the registration process remains complete and accurate. As such, if the owner becomes aware that information included in the application is inaccurate or incomplete, or if any information becomes invalid or changes, they must notify the Secretary of State and provide the required information to address the issue. That could be, for example, because the item is damaged or otherwise altered at some time after registration but before dealing, or if the owner, having completed the registration process, subsequently becomes aware of some fact that might invalidate the registration. If an owner were found to be in possession of such information and had not informed the Secretary of State, they could be found to be in breach of the provision.
Sue Hayman
I thank the Minister and congratulate him on getting through that. I find this clause complex. I worry that existing and future owners might get confused about what is expected of them and when it is expected. Again, clear guidance will be incredibly important. The explanatory notes state:
“If a new owner wishes to carry out dealings in that ivory item, they must make a fresh registration”—
but a fresh registration from what? Is that fresh from the exemption certificate or an existing registration? I find that slightly confusing.
David Rutley
In the interests of clarification, it is important to note that certificates are required for the rarest and most important items. The certificate is in a way a passport that goes along with the items, because they are particularly rare, important and often valuable. The certificate acts a bit like a passport, moving on with the item.
The other categories are covered by the registration process. Notwithstanding the fact that I have learned through this process that some musicians have valuable items, often such items are not that valuable. In this approach, therefore, we have a registration process that is more simple and straightforward, with lower cost—this is about cost recovery from applying through an online system. Applying for a certificate will be a more costly approach, because of what we talked about this morning—where the Secretary of State is required to get advice from another body. The idea is that certificates are for the rare and most important items, and a more simple, low-cost registration approach is for all the other exemptions that we have discussed so far. I hope that clarifies matters.
Sue Hayman
Yes, it does. I am thinking about the comparison with car registration that my hon. Friend the Member for Bristol East used earlier. The language is complex, but it would be good if it were absolutely crystal clear where the responsibility lies, and when in respect of registering items. If that is not clear in the Bill, or if I have missed it, how can we make it obvious to any purchaser or seller so that people do not accidently fall foul of the law?
David Rutley
I agree that the provision can sound complicated. I have tried to explain as best I can how it will move forward. The key thing is that registration is the lighter touch when compared with certification. People who have an item and want to ensure that everything is all right can use the registration system online, and there are telephone and postal arrangements for those who are not tech-savvy.
We need to ensure that we have a robust system and should remember that we are trying to stop the use of ivory. That is the balance we are trying to strike; we want something that is both robust and proportionate. Registration for those other categories is more proportionate but will enable us to ensure that the measures are properly complied with.
Sue Hayman
I thank the Minister for his response. I support the idea that the Bill needs to be robust—if it is not, we will not achieve the desired ends. Registration will affect many more people than the exemption certificates, so it is important that when the Bill becomes law there is an absolutely clear understanding of what is expected of people and the deadlines.
David Rutley
I thank the hon. Lady for those further points. The responsibility will be very much with the owner—we are putting the onus on the owner—which is why we need to ensure that the system is clear. We will be working hard to ensure that it is an easy-to-use and clear system. We now have several months in which to get the provisions in place. We need to get moving to Royal Assent, but then there will be a six-month period when we can get ready for when it is put into practice.
We are moving at pace and want more pace, but at the same time we need to ensure that the systems are right. We are working behind the scenes with officials and various other bodies to ensure that there is clear guidance and that the systems, once established—we are still developing them—are fit for purpose and easy to use.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Mims Davies.)
Ivory Bill (Fifth sitting)
Tuesday 19th June 2018
(5 years, 10 months ago)
Public Bill CommitteesRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 June 2018 - (19 Jun 2018)
The Committee divided: - Ayes: 7 / Noes: 8 - Question accordingly negatived.
Sue Hayman (Workington) (Lab)
I beg to move amendment 9, in clause 12, page 7, line 40, at end insert—
“(1A) For the purposes of subsection (1), a person facilitates a breach of the prohibition if he or she, whilst not directly engaged in the process of a sale, acts in such a way as to allow that sale, or other form of dealing, to occur.”
This amendment defines ‘facilitate’, which is not defined in the Bill, using the text from the Explanatory Notes to the Bill.
During the evidence sessions we discussed enforcement and implementation, and the potential for mis-selling and misleading behaviour. The exact definition of “facilitate” in the Bill was also discussed. The amendment is designed to clarify that. The explanatory notes give details on page 22. They state:
“This offence would apply to anyone who, whilst not directly engaged in the process of a sale, acted in such a way as to allow that sale, or other form of dealing, to occur. For instance, this could apply to the owners of an online sales forum if they were found not to have taken reasonable steps to ensure that an item was a) exempt from the ban, and b) had been registered as such. Further, anyone found to have advertised an item in order to facilitate a sale may be found to be in breach of this clause.”
We thought that it would be helpful to include the definition of “facilitate” in the Bill, and the form of words used in the amendment is based on the explanatory notes.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I thank the hon. Lady for her careful consideration of the Bill and for this amendment, which seeks to define “facilitate” in the context of a sale of an item of ivory in breach of the prohibition on sales of ivory. I would like to reassure her, and the Committee more generally, that the amendment is not required. No definition for facilitating a breach of the prohibition was provided in the Bill, as the term “facilitate” shall have its natural meaning.
The amendment would also be misleading, as it refers solely to the sale of ivory, whereas the Bill is concerned with the broader concept of commercial dealing in ivory. The facilitation of the illegal purchase, hire or acquisition of ivory for valuable consideration—that is, bartering—is also prohibited. The wording used in the amendment is taken from the explanatory notes, as the hon. Lady set out, but those are intended to provide guidance and steer on the meaning of the Bill, not to prescribe provisions.
I share the hon. Lady’s intention that the Bill should be as clear as possible, but on this occasion I do not believe that the amendment is necessary. The current wording in the Bill is sufficient to define when an offence of breaching the prohibition through facilitation has been committed. Furthermore, the Bill’s explanatory notes are not intended to set a direction in the prohibition on dealing in ivory; they are there to assist the reader. With that explanation, I ask the hon. Lady to withdraw her amendment.
Liz Twist (Blaydon) (Lab)
During the evidence sessions I asked a number of question about cyber-crime and how we can ensure that people seeking to deal in ivory online are properly captured, with regard to enforcement and making it clear that attempting to sell ivory items on the internet will be covered. The wording suggested by my hon. Friend the shadow Minister would enhance our ability to capture that cyber-dealing and ensure that we do not allow the illegal trade to continue online. I know that is often a challenge, but I wonder whether those words would strengthen that ability.
David Rutley
I thank the hon. Lady for that point, and I understand her concerns. We all want to make sure that cyber-crime is cracked down on more generally, and specifically in the Bill. As I said to the hon. Member for Workington, the Bill as drafted will tackle the issue of facilitation, so we do not need a further definition. We will also debate later today the role of internet service providers, which is included in the Bill. We heard from non-governmental organisations that they are satisfied that there are strong measures in the Bill and that the ban will be strong. I assure the hon. Member for Blaydon that the provisions will tackle the concern that she rightly raises.
Sue Hayman
On the understanding that it is clear what “facilitate” means, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Sue Hayman
I beg to move amendment 10, in clause 12, page 8, line 1, leave out subsection (2).
This amendment would make the offences under section 12 strict liability offences. The defence of having taken all reasonable precautions and exercised all due diligence would remain, but the burden of proof would be shifted to the person on proving this, rather than on prosecutors proving the person knew the item was ivory.
I will spend a little longer on this amendment and go through the evidence from various witnesses. Chief Inspector Hubble raised serious concerns about her ability to prosecute if the Bill remains in its current form. She said:
“We also have some concerns that, as the Bill stands, we have to prove that it is ivory and that the person dealing in it knew, or ought to have known, that it was ivory. If you look on eBay at any given moment, you will find a number of items being offered for sale that are not labelled as ivory.”
The Minister might remember that in Committee we had a look at eBay, and it was extraordinary how many items were clearly being mis-sold. Chief Inspector Hubble continued:
“From an enforcement perspective, if someone is buying something that is not labelled as ivory, and they are selling it as something not labelled as ivory, how do I prove they knew it was ivory? With the Bill as it stands, that, for me, is a real concern from an enforcement perspective. The onus should be on them to prove that they did not know, not on me to prove that they did.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 35, Q59.]
I think that is very clear. There is no point in legislation if it cannot be enforced effectively.
Chief Inspector Hubble was then asked by my hon. Friend the Member for Bristol East whether adding a provision covering mis-labelling would help. Again, the chief inspector was clear that in order to prosecute under the terms of the Bill as drafted, enforcement officers would still have to prove that the seller
“knew it was ivory and that they had then mislabelled it, knowing that it was ivory.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 39, Q75.]
She then added:
“All the time that the burden of proof is on us to prove that they knew, that is difficult from an enforcement perspective. If the burden of proof was on them to prove that they did not know it was ivory, that would make enforcement much easier.”
Later she said:
“In general, we do not deal with the people who will apply for exemption certificates and who will register their items and apply for permits, because they are the responsible, law-abiding people. We deal with the ones who have a complete disregard for policy protocol legislation. We deal with the ones who are deceptive, who lie and who want to make money out of this. The burden of proof has to be manageable and has to be able to be enforced, otherwise it is not enforceable legislation.” ––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 39, Q76 and Q79.]
I am sure that none of us would want to pass legislation if the officers responsible for delivering it did not think that it was enforceable.
On Second Reading, the right hon. Member for North Shropshire (Mr Paterson) raised concerns about the implications of the current burden of proof lying with the enforcement agencies. He said:
“The defence of ignorance in clause 12 is a real concern, particularly as it is well known that the illegal trade is fuelled by unscrupulous traders marketing ivory as a bone or as ivory sourced from other species, such as a mammoth.”
I know the hon. Member for Mid Derbyshire is particularly concerned about that. The right hon. Member for North Shropshire continued:
“There should therefore be a basic sanction based on strict liability.”—[Official Report, 4 June 2018; Vol. 642, c. 104.]
When the ban on the sale of ivory is introduced, as I hope it will be shortly, if it is to have the outcomes that we all hope for, it will need to be vigorously enforced. As I said, it is no good introducing legislation unless we can enforce it vigorously. Deleting subsection (2) would shift the burden of proof and make enforcement more likely, and it would answer the request of enforcement officers.
Anna Turley (Redcar) (Lab/Co-op)
I want to reinforce what my hon. Friend has said. The evidence from the police was clear: the burden of proof is critical, particularly given how easily items are passed around on the internet. There is huge scope for people to plead ignorance.
We heard examples of ivory being called animal bone. I looked briefly at eBay during that evidence session and was shocked at the proliferation of objects listed as animal bone, when they are clearly ivory, even to my unknowing eye. It will be extremely difficult for the police to enforce this legislation. We also heard about their small teams and the cuts. The critical point is that we are making their lives more difficult. It is extremely serious when a chief inspector tells a Committee in evidence:
“The burden of proof has to be manageable and has to be able to be enforced, otherwise it is not enforceable legislation.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 39, Q79.]
We cannot in any circumstances pass legislation that is not enforceable. It is great to say that we will lead the world with our ban on ivory, forge our way ahead and set a great example. If it is not enforceable and the trade continues, we might as well pack up and go home. We know what we are here to do. If the evidence from the frontline is that the Bill is not enforceable, that is not acceptable. We have to push on that.
I would like clarification from the Minister on subsection (2), where it states
“if the person knows or suspects, or ought to know or suspect”.
Will he provide evidence of how someone “ought to know” and how that could be defined in legislation? It does not seem strong enough to me. Enforcement officers are clearly asking for a shifting of the burden of proof, and that is what is needed if we are to make the Bill remotely enforceable.
Simon Hoare (North Dorset) (Con)
It is a pleasure to serve under your chairmanship, Mr McCabe. I hear what the hon. Member for Workington has to say and can understand entirely the motivation behind it. However, if she pushes her amendment to a Division, I will not vote for it. Let me explain why. I want the Committee to think about the little old lady or gentleman who works in a charity shop selling items on a daily basis. They might come into work to find boxes of stuff when someone has done a house clearance after an aunt or uncle has died. They might sell something to somebody and then it transpires that an offence has been committed because the item is made of ivory.
I do not think that in those circumstances they should be found guilty of something because they knew or suspected, or should have known. Antiques dealers with an online presence, buying and selling all sorts of products, are precisely the sort of people who ought to know or suspect. I do not think the intention of the Bill is to have lots of officials running around trying to trace every single person who is doing something without prior knowledge, and certainly not maliciously or trying to get around the law. There has to be an element of common sense and balance.
I entirely appreciate that, in some instances, that evidence gathering can present a challenge to the enforcement authorities, but it is always a challenge for enforcement authorities to gather compelling evidence to bring a prosecution or levy a fine that is beyond challenge. I understand entirely why the Government have drafted clause 12(2) in this way, because they have to strike a balance and have a bit of common sense. It is right that there is that common-sense caveat in the enforcement clauses, and I urge the hon. Member for Workington to withdraw her amendment.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
I think that this measure has to be strengthened, and we heard clear evidence along those lines from the experts. Like my colleague, the hon. Member for Redcar, I want to know what “ought to know” will be taken to mean in such a situation. Will it be based upon a person’s experience or history of dealing with such artefacts? I have concerns about how a person can prove that they did not know something. Proving a negative is difficult judicially. This measure should be strengthened, but I have concerns and would like to hear more from the Minister in that regard.
David Rutley
I thank the hon. Member for Workington for her amendment, the effect of which would be to make the commercial dealing of prohibited ivory items a strict liability offence. The hon. Member for Redcar and other hon. Members also made comments along those lines, and I will answer some of their questions in due course.
We all agree that the enforcement of the Bill should be rigorous, but I assure the Committee that the amendment is not required. Clause 12(2) makes provision for a person found to have breached the prohibition to demonstrate that they genuinely and reasonably did not know that the item was ivory. That could be, for instance, because they were unaware of ivory as a substance, or because the ivory in question could reasonably have been assumed to be something else.
If clause 12 offences were to become strict liability offences because of the amendment, the person accused of the offence would not be able to rely on the defence that they had taken all reasonable precautions and exercised all due diligence. The strict liability offences that would be created as a result of the amendment mean that, for the offence to have been committed, there is the need only for the actus reus—the act itself—to have been committed. There is no need for the mens rea—the intention. That would mean that subsections (2) and (3) would effectively be deleted.
It is good that clause 12(2) is in the Bill, because it allows for instances of genuine mistakes, as my hon. Friend the Member for North Dorset said, where there is unlikely to be a malicious intent to breach the Bill. For instance, a member of the public might sell in a car boot sale an item they found in their grandmother’s attic without realising that the material in question was elephant ivory.
Anna Turley
I would like a bit more clarification on the point I raised about the phrase
“ought to know or suspect”.
When we pass the Bill, I hope the Government will share the news far and wide, because it will be a fantastic achievement. Surely everybody will think, even if they see something in their attic, “That could potentially be ivory.” Ivory is pretty distinct, and I would have thought that everybody—even a little old lady at a car boot sale or in a charity shop—would look at it, wonder what it is made of and think, “That could be ivory.” They will know, because hopefully the Bill will be widely heralded, that they ought at least to double check and find out whether it is something they should know about. I do not think the emphasis on
“ought to know or suspect”
goes far enough.
David Rutley
I thank the hon. Lady for that point, which was similar to that made by the hon. Member for East Kilbride, Strathaven and Lesmahagow. As currently drafted, the Bill gives a degree of discretion to the enforcement agency. It allows the officer to consider the position of the defendant and ascertain whether they should have knowledge of ivory—for example, an antiques dealer, which we will come to shortly—or whether they are a member of the public who has genuinely made a mistake. So there are points about proportionality and discretion.
An individual or organisation could, for example, show that they took reasonable precautions and exercised all due diligence through checking that the item had been registered prior to the purchase, or listed on an online platform, and that the registration or listing appeared to them to be authentic. Additionally, the enforcement bodies will consider the person’s position when taking a view about whether they should have known or suspected that an item was ivory. As I have explained before, there is a difference between a fully trained and experienced antiques dealer and a member of the public who could be young and inexperienced. The enforcement agencies need to have clearer discretion, as in many other forms of legislation. I will provide more details later. If we removed that provision, there would be no such defence. Further, doing so would place the sale of prohibited ivory in the same bracket as illegal transactions such as the sale of alcohol to a minor, where, as we know, a shopkeeper or a member of bar staff can be sanctioned for a sale on the ground of protecting public health. Strict liability must be used with considerable caution, and we do not think it would be proportionate to make these offences analogous.
Dr Cameron
Something has just come to my mind about how to strengthen the measure. It is about experience and having a connection to the industry. Might there be a loophole for unscrupulous people to try to engage the services of those who perhaps have no history of or direct connection to online sales? If someone is connected directly with individuals who ought to know, might we strengthen the legislation, because I would not like people to be able to use that as a loophole?
David Rutley
The hon. Lady makes a good point. Whatever people’s views are, nobody in Committee is seeking loopholes. We are trying to close them down. Her point would be covered by facilitation, which we have talked about previously.
It is very important in criminal law that we establish both the intent and the act itself, which need to be present for the offence to be committed. Strict liability is the exception as only the act itself needs to be present for the offence to be committed, for example, the sale of alcohol to minors and health and safety matters. With that explanation, I ask the hon. Lady to withdraw the amendment.
Anna Turley
I appreciate the Minister’s generosity in giving way. I want to push him on what the words “ought to know” or “suspect” mean in this context. In the case of a police officer trying to convict someone, how can they prove that someone ought to know? He gave the example of someone being an antiques dealer or in the sector, in which case we can say that they ought to know, but how otherwise can a police or enforcement officer prove that someone ought to know? Public awareness ought to be sufficient, but how will a police officer be able to prove that someone ought to know?
David Rutley
As I have already described, enforcement agencies do such work all the time. They work through quite tricky situations where they have to work out the intent as well as the act itself: for example, the difference between murder and manslaughter. I am no lawyer, but there are differences in degrees. The key thing is that the Bill will push forward strict legislation. The NGOs were clear that the ban will be tough. The provisions in the Bill will enable people to be held to account. The enforcement agencies will be able to do that. As I have said, an element of proportionality and discretion is required, and that is true for the vast amount of law that enforcement agencies need to enforce.
To give another example, a person might have inherited an ornament thinking it was bone, as family members had always said that it was. The person then sells it without realising it is elephant ivory. It is difficult to say that they should have known. The enforcement agency will need to test that and work through it. Over time, it will be able to work out, through precedent and judgment, how appropriate it would be to use the range of enforcement measures that we will discuss line by line. Those measures are there to help work out proportionately how serious that particular crime is.
Sue Hayman
I have listened carefully to everything the Minister has said, and I thank the hon. Member for North Dorset for his suggestions, but the idea of little old ladies being imprisoned for finding things in their attics is a little beyond the point I was trying to make. The National Wildlife Crime Unit will be directly responsible for investigating, and for enforcing the legislation once it passes, so we should take seriously what the chief inspector said. To remind the Committee, she confirmed that the unit had only 12 members of staff, so it is pretty limited in what it can investigate. She said that if the convention on international trade in endangered species brings something to the unit, it can tie them up for several months. She also said:
“We deal with the ones who have a complete disregard for policy protocol legislation. We deal with the ones who are deceptive, who lie and who want to make money out of this.”
It is not about people who find things in their attics. She continued:
“The burden of proof has to be manageable and has to be able to be enforced”.––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 39, Q79.]
We need to take seriously what she is saying. The Minister said that enforcement services should be able to take a view about whether someone should have known, but Chief Inspector Hubble said that was difficult from an enforcement perspective.
Earlier in our proceedings, the Minister committed to a rigorous education programme. If we have an effective education programme, people should know to check for ivory. We need a law that is enforceable and will make a difference. Otherwise, what is the point?
Question put, That the amendment be made.
The Chair
With this it will be convenient to discuss the following:
New clause 3—Assessment of enforcement resources—
‘(1) Within 12 months of section 12 of this Act coming into force, the Secretary of State must make an assessment on the resources available to enforce the prohibition.
(2) The report shall consider in particular—
(a) the resources allocated or planned to be allocated towards enforcing the prohibition,
(b) the potential impact of any change in resources so allocated or planned to be allocated, and
(c) the impact on other law or border enforcement activities of the resources so allocated or planned to be allocated.
(3) The Secretary of State shall lay a report of the assessment under this section before each House of Parliament as soon as practicable after its completion.”
This new clause requires an assessment to be made and laid before Parliament regarding the level of resources allocated or proposed to be allocated to enforcing the prohibition against ivory dealing.
David Rutley
The clause provides for the new offences to be created under the Bill. The new offences have been developed to capture the likely chain of actions pertaining to commercial dealing in ivory or that support commercial dealing. Directly breaching the ban, causing it to be breached or facilitating a breach are all offences under the Bill. In practice, directly breaching the ban would include dealing in a prohibited item or dealing in ivory without an exemption certificate or registration for that item. That applies equally to the seller and the buyer. Causing a breach would include someone acting under the discretion of another person, such as an auctioneer, or someone otherwise engaged on behalf of another—a person selling an item on behalf of a friend, for instance. That relates partly to the point that the hon. Member for East Kilbride, Strathaven and Lesmahagow raised earlier. The offence of facilitating a breach discussed under amendment 9 would apply, for example, to those responsible for an online sales platform if they were found not to have taken reasonable steps to prevent an illegal sale. It would also include anyone found to have advertised an item to facilitate a sale, for instance a newspaper.
Clause 12(2) ensures that it is an offence to deal in an item of ivory if the person knows, ought to have known or suspects that the substance is ivory, as we discussed at length under amendment 10. That will mean that it is less likely that a defendant can rely on a claim that they did not know that an item was ivory because the item was mislabelled. The enforcement bodies will consider the position of the person in taking a view on whether they should have known or suspected the item was ivory, for instance whether the person is an antiques dealer or a member of the public, as I have said several times.
Clause 12(3) ensures that actions taken by individuals and organisations to exercise due diligence and avoid committing an offence should be taken into account and can be used as a defence. For example, a buyer of a prohibited ivory item may be able to demonstrate that they checked that the item was registered and that the registration appeared authentic before they making purchase, and an organisation that listed a prohibited item for sale, for example online or in a sale room, may be able to demonstrate that it had taken steps to check that it had been registered and that the registration appeared authentic.
Recognising that offences committed under the Bill will vary in severity, a mixed regime of criminal and civil sanctions will apply. Clause 12(4) details the criminal sanctions that are applicable to the offences. We are committed to setting a high bar for sanctions for illegal wildlife trade activities and, as such, the maximum criminal sanction of five years’ imprisonment or an unlimited fine will be applied in line with existing sanctions under the Control of Trade in Endangered Species (Enforcement) Regulations 1997—COTES.
The clause also provides for summary convictions through a magistrates court to be applied in line with the maximum sanctions applicable in each of the devolved Administrations. The regulatory body, the Office for Product Safety and Standards, and the police will be responsible for identifying and investigating breaches of the ban. Criminal breaches will be dealt with by the police and the Crown Prosecution Service and the specific nature of the breach will be considered when a sanction is applied, to ensure a proportionate approach is adopted, as discussed earlier.
We recognise that the defences under existing legislation, such as the Serious Organised Crime Act and Police Act 2005 and the Proceeds of Crime Act 2002, may apply to illegal dealing in ivory. The Bill will rely on the existing offences, where the appropriate criteria are met. For example, it would be an offence under the Fraud Act 2006 to make or use a fraudulent exemption certificate or registration.
New clause 3, which the hon. Member for Workington tabled, raises the critical issue of ensuring effective enforcement, a theme she has understandably been keen to raise this morning. I can assure the Committee that the issue is of foremost concern to the Government, as reflected in the strength of the powers we have conferred on the police, customs and the civilian enforcement body—the Office for Product Safety and Standards—to ensure compliance with the ban and to prosecute those who breach it. Effective enforcement is, of course, reliant on the appropriate resources, and I give credit to the police, including the National Wildlife Crime Unit and the Border Force for their efforts to date in tacking the abhorrent trade.
In the oral evidence to the Committee we heard that the CITES Border Force team is recognised as one of the best in the world at enforcing controls against the illegal wildlife trade. Moreover, both the Border Force team and the National Wildlife Crime Unit share their expertise with countries all over the world. It is paramount that the available resources are effectively used to enforce the ban.
Our proposals go further than the current regime by putting a civilian regulator in place to enforce the ban, alongside the police and the Border Force. The regulator will raise awareness of the ban and the compliance provisions and assess whether businesses are operating in compliance with the legislation. That will reduce the burden on the enforcement agencies by increasing compliance. The regulator will also be responsible for issuing civil sanctions, which are new in the Bill.
In developing and implementing the compliance processes necessary for the ban, the Government will assess the resources required and monitor their effective application over time. It will be a matter for the Home Office to allocate and monitor the police resources necessary for the enforcement of the ban, and the National Wildlife Crime Unit will play an important role. It will also be critical to assess the enforcement of the ban over time, including the number of cases successfully brought and the sentences applied.
We do not believe that the resources assessment should be included in the Bill. It would also be unhelpful for a single assessment to be made 12 months after clause 12 comes into force. That is because it is likely that different levels of resources will be required in the early stages of enforcement and as implementation progresses, for example, as awareness-raising exercises are carried out to improve awareness among those affected. Such an assessment would also not capture a sufficient period following the Bill’s coming into force. For example, it would not cover an assessment of court cases and rulings brought forward as a result of the ban.
The Government will assess the implementation of the ban over time, in particular its enforcement, as a matter of course. Much of this information will be in the public domain and open to civil society and to public scrutiny.
In summary, we do not believe this matter needs to be addressed in the Bill and a one-off assessment will not be sufficient. With this explanation, I ask the hon. Lady not to press her new clause.
Sue Hayman
First, I will make a few points on subsection (4)(a) to (c) on the sentencing guidelines. During the evidence sessions, we talked about the fact that the Bill is not just about enforcement; it is also a deterrent. We have the opportunity to introduce sentencing guidance for courts in the United Kingdom to make sure that magistrates and judges have proper information when hearing cases. We agreed that we need good sentencing guidance to ensure that appropriate sentences are given. I welcome the inclusion in the explanatory notes of a table setting out clear maximum penalties and the different sanctions, which are imprisonment or the statutory maximum fines. I may have misheard, but I thought the Minister said that there would be unlimited fines. Will he clarify that point?
Witnesses at the evidence sessions also stressed the need for significant awareness programmes to accompany the introduction of the Bill—I also mentioned that point during the discussion of amendment 10—not just for the judiciary, but for the general public. Education of the public, the judiciary and the enforcement officers is essential. Does the Minister have any further information about how his Department intends to roll out an education programme to inform the general public and the judiciary about exactly what is required and how the Bill is intended to work?
The witness from the International Fund for Animal Welfare said that he hoped that having consulted IFAW on the draft legislation, the Department would also be willing to consult it on the guidance notes. Has the Minister thought any more about that? Another witness, Alexander Rhodes from Stop Ivory, made an interesting and helpful suggestion about how we can learn from some of the African countries that are members of the Elephant Protection Initiative, which has been working hard to develop prosecution and sentencing guidelines for wildlife crime, particularly in relation to the ivory trade. During the evidence session, he said not only is this an area where we can learn from what African countries have been doing about the ivory trade, but our Government have paid for it anyway. He gave the example of Angola, where a challenge fund grant is paying to review a programme of legislative reform, and for prosecutor and judicial training. Has the Minister looked at how we can learn from that initiative? If good work is taking place in other parts of the world, it is important to learn from it to make the Bill as effective as possible. Will the Ministry of Justice or the Home Office be involved in developing the judicial guidelines?
New clause 3, as we heard from the Minister, is about the assessment of enforcement resources. We would require an assessment to be made and laid before Parliament on the level of resources allocated, or proposed to be allocated, to enforcement of the prohibition of ivory dealing. Clearly, unless we have effective enforcement, the Bill is toothless. Enforcement is a critical part of achieving the aims of the legislation. Chief Inspector Hubble stated that point succinctly during the evidence session, saying that
“any Bill has to be enforceable; if not, it is just guidance. It is not legislation if it cannot be enforced.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 35, Q59.]
None of us in Committee wants simply to produce guidance notes to guidance legislation.
During the progress of the Bill, Members in all parts of the House have raised the issue of resources necessary to enforce the Ivory Bill effectively. On Second Reading, the hon. Member for Richmond Park (Zac Goldsmith) said that
“the ban will be meaningful only if it is properly enforced”,
stressing the need for the provision of
“a long-term settlement for the National Wildlife Crime Unit, as well as resources for the CITES Border Force team.”—[Official Report, 4 June 2018; Vol. 642, c. 111.]
The right hon. Member for North Shropshire (Mr Paterson) asked for
“a strong, firm reassurance from the Minister that this legislation will need enforcing and will need the right level of expertise.”
Enforcement is not just about funding, but about the level of expertise required. He said that the National Wildlife Crime Unit should
“be beefed up and properly resourced for the future. On the same grounds, the CITES Border Force team at Heathrow needs sufficient levels of manpower and resources, as they will be our front line of defence against illegal imports and organised criminal activity coming into the UK.”—[Official Report, 4 June 2018; Vol. 642, c. 105.]
I am aware that the witness from Border Force at Heathrow said that he had the resources necessary for enforcement at the moment, but clearly the Bill might have an impact on that. It is therefore important to understand the potential increase in workloads, including the possible impact on the ability to enforce properly.
On Second Reading, the hon. Member for Mid Derbyshire also mentioned the National Wildlife Crime Unit. She expressed her hope that
“that the Secretary of State will be able to announce permanent funding for the unit, as its existing funding expires in 2020.”—[Official Report, 4 June 2018; Vol. 642, c. 116.]
In the evidence session with the enforcement agencies, we heard how the Border Force CITES team and the NWCU work in partnership, and that the Border Force no longer has an investigation function but hands over all its intelligence from investigations to the NWCU, with a view to the unit investigating the offences. We heard from Chief Inspector Hubble exactly what that involves:
“We collate that intelligence, develop it and research it to look at the number of items that people might be buying, selling or trading. We look at their associates. We try to map a network of people that they are linked in with, and ultimately we produce an intelligence package that goes out to a police force in the area where the person is committing the offences.
We have four officers who provide an investigative function to support police forces on the ground, and they work with police officers throughout the investigation: taking statements from witnesses, linking in with experts, compiling prosecution files, assisting with search warrants, and attending court to provide evidence… One seizure by Border Force can result in months and months of investigation for us, and we can compile hundreds of intelligence logs from that one investigation. At the moment, we struggle to disseminate all that intelligence back out to Border Force, to close that loop, because we just do not have the resource to develop that. We have to be selective in what we deal with”.––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 34, Q57.]
I imagine that every single member of the Committee is impressed with the amount of work carried out by such a small team—only 12 in total. The team does not just carry out investigations referred from Border Force, but works right across all of the UK wildlife crime priority areas, which is a significant remit outside CITES, including domestic wildlife, bats, badgers, prosecutions relating to birds of prey, freshwater pearl mussels and poaching. All of those sit within the UK’s strategic priorities, and the work of the NWCU is split right across all those areas.
A strong commitment to future funding is vital if that important work is to continue. We have heard that the funding is committed to 2020, but beyond that, the NWCU has had no formal indication that there will be continued funding, which clearly causes concern. It is unable to plan or commit to long-term strategies. It is very difficult for any agency to form business plans when, in 20 months, it may well not exist at all.
Chief Inspector Hubble said about the morale of her staff:
“It is difficult for me to keep my staff motivated when they have no job security—a whole raft of concerns are caused by funding.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 37, Q67.]
She was also asked about the potential increase in the number of investigations once the Bill comes into force. She replied that
“if a member of the public sees something on sale that they think is ivory, inevitably they will report it, which comes back to the issue of resourcing and how we deal with the potential increase in the volume of crimes”.––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 44, Q93.]
Grant Miller, from the CITES Border Force team at Heathrow was asked about the future of the NWCU and the implications for enforcement if its funding were to be discontinued. His reply was clear:
“Our ability to take cases and offenders before the courts would be impacted on greatly. We would be pushed into going out to each constabulary, looking for a supportive senior manager to take on an investigation on our behalf. If we were not able to find that, our activity would be just to disrupt and seize, and the threat would just continue.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 40, Q82.]
On Second Reading, the Secretary of State said he would look to strengthen and resource specialised enforcement to combat illegal ivory dealing. Winding up the debate, the Minister agreed:
“The work carried out by the National Wildlife Crime Unit is absolutely critical.”
With regard to its funding, he assured me that the Government
“are looking at that vital issue ahead of the IWT conference, and I am sure that the Secretary of State would be working on it with the Home Secretary.”—[Official Report, 4 June 2018; Vol. 642, c. 133.]
In response to a question from my hon. Friend the Member for Wakefield (Mary Creagh), the Secretary of State confirmed in that debate that
“in the run-up to the illegal wildlife trade summit this October we will be looking not just to ensure that we can continue to staff and support the officers who work in this field adequately, but to ensure that we go even further.”—[Official Report, 4 June 2018; Vol. 642, c. 98.]
Will the Minister give some more information on that commitment from the Secretary of State? When is the NWCU likely to hear about its future funding to support the delivery the Bill?
The Minister also confirmed that the Office for Product Safety and Standards will be the regulator. He spoke about that a moment ago, but will he elaborate on how the reporting requirements will work with the regulator? How does he see the regulator reducing the burden on the enforcement services, as he mentioned in his previous statement?
Anna Turley
I rise to support new clause 3. I congratulate my hon. Friend the Member for Workington on that powerful and thorough speech. There is not much I can add; she made every point inimitably. We all heard the evidence in Committee about how overstretched the Border Force at Heathrow and the National Wildlife Crime Unit are. I come back to the point I made in the previous debate: if this Bill is to be groundbreaking and held up internationally as an example of how seriously we take this awful issue and how determined we are to stamp out the sale of ivory in this country, we have to put our money where our mouth is. That means we have to give the teams that do the enforcement the resources they need to undertake and enforce this Bill.
We heard that the CITES Border Force team has just 10 members. They carry out over 1,000 seizures a year and as my hon. Friend so clearly demonstrated, the months of work each seizure takes is hugely resource-intensive. We have also heard about how the National Wildlife Crime Unit has only 12 people across the whole country to undertake all the activities my hon. Friend so articulately set out. That is a very small unit.
At a time when, nationally, we have lost 20,592 police officers in just seven years and we have seen a 20% rise in violent crime, how on earth is the NWCU supposed to fight and press for its resources, when there are so many competing priorities within the police budget? We really have to take this issue extremely seriously. I wholeheartedly support the new clause because we simply cannot have this Bill, laud it and celebrate its passage unless we are going to put the money behind the teams that will make it a reality.
Dr Cameron
It is imperative that the new clause is accepted. We heard from the NWCU experts that the unit is a small team with limited resources for current demand, and it is unable to plan over the long term. This issue must be dealt with promptly, lest staff are lost because the unit cannot motivate them to stay. Staff in any job who know there may not be long-term funding have families and their own lives to think about, so they will move on to other roles. The expertise at the NWCU cannot be lost, particularly in making sure this Bill is enforceable.
Liz Twist
I return to the furrow of cyber-crime, as I believe this is a significant issue when looking at enforcement. Last week, I asked Chief Inspector Hubble about any measures that could be added to help with enforcement. She replied:
“I would love to have a dedicated cyber-team looking at this day in, day out, with real training and a focused effort. Lots of people in the NGOs we work with are doing work around cyber-related crime. We are in the process of setting up a cyber-working group to try to pull some of that effort and interaction together and to have that group as a priority delivery group alongside the priority delivery groups we have for the other six UK wildlife priorities. That is going to be a significant resource.” [Official Report, Ivory Public Bill Committee, 12 June 2018; c. 36, Q63.]
Chief Inspector Hubble says that she needs additional resources to deal with cyber-crime. I support my hon. Friend the Member for Workington on new clause 3, because it would demonstrate that we are taking on the new challenges, including those facing the NWCU in terms of the rigid timespan and a lack of certainty. I urge the Minister to think again and to accept the new clause, which would show that, not only are we saying that we are doing something but that we are putting the resources into doing it.
Alex Sobel (Leeds North West) (Lab/Co-op)
I, too, rise to support new clause 3 in relation to resources. The evidence from the NWCU and the Border Force was compelling. At the moment, they are unbelievably stretched, and when I asked what would happen if the funding were not continued, it was made clear that the whole operation would effectively cease and the work would just be about disruption, as my hon. Friend the Member for Workington said. In another country with a similar legal basis to ours—the United States—enforcement is carried out by the equivalent of our NWCU, the United States Fish and Wildlife Service Office of Law Enforcement, which has 383 staff. Were we to be equivalently resourced—our population is about a fifth of the United States’—we would have about 75 officers. We have 12, so it is not just an issue of retaining staff. We are at about a fifth of where we should be, in comparison with countries with equivalent laws and enforcement. New clause 3 is therefore vital if we are to do a proper and robust stock-take of where we are, and identify the resources needed to properly enforce the law that we will pass. Hopefully it will be a robust and world-leading law, but if we cannot enforce it, what point is there in having it?
David Rutley
I thank hon. Members for their contributions. The argument advanced by the hon. Member for Workington was characteristically thorough, and I will do my best to answer her questions, along with everybody else’s.
The first point the hon. Lady made was about clarifying the situation on fines. Hopefully I can do that. It is important to remember, because the Bill is new legislation, how it will be structured. First, there will be criminal sanctions. For a summary conviction in a magistrates court and so forth, the fine will be a statutory maximum of £5,000; for indictable offences, the fine is unlimited. That is under criminal sanctions. The other thing to remember is that we are also introducing in the Bill—I feel strongly about this, because we will be able to put in place a wide range of measures to take care of lots of different types of breaches— a fine of up to £250,000 under the civil sanctions. There are many different tools. Hopefully that answers the question.
I think we mentioned in our previous sitting that the form of the education programme is yet to be decided, but the focus will be on raising awareness in the most relevant areas. We talked last week about how we will need to work with the music industry; we will need to work with the antiques industry as well, and with members of the public. That is where the Office for Product Safety and Standards will play an important role.
The hon. Lady talked about the very good work being done in Angola. Sentencing guidelines are generally issued in the UK by the Sentencing Council. We are delighted with the work undertaken in Angola with the illegal wildlife trade challenge fund money, but we should note that that worked within the specific circumstances of Angola. None the less, we need to learn from best practice, which I think is the point that the hon. Lady made. We agree with that in principle.
Points were raised about guidance. The Secretary of State will prepare statutory guidance for offences imposed under clause 12. That means that there will be a public consultation on the guidance, which will include getting information from NGOs. The hon. Member for Workington was keen to see that happen. Of course, that would also involve the Ministry of Justice and the Home Office. All relevant parties involved in that process will want to make the guidance robust and appropriate.
Comments were made by the hon. Members for Redcar, for East Kilbride, Strathaven and Lesmahagow, for Blaydon, and for Leeds North West—almost a full house—about the role of the NWCU. Everybody is keen to sing the unit’s praises for the great work that it does. We fully accept that we need proper funding in place for regulatory and law enforcement agencies to tackle wildlife crime. The Department for Environment, Food and Rural Affairs currently co-funds the NWCU with others, including the Home Office and the police. Decisions on the ongoing post-2020 deployment of police resources are a matter for the Home Office and individual police chief constables.
Questions were raised about future funding. Clearly, we have the IWT in mind. We want to show people that we are serious about the work that we are doing; that is very clear from the feedback from the NGOs. However, the specific, longer-term funding, post-2020, will be part of the normal spending review process, notwithstanding ongoing dialogues. That is where the more sustainable approach to funding, or the future funding, of the NWCU can be reviewed. That process will be kicking off very soon. That will be an important way of engaging with that debate and looking at the resources that are in place.
We should not forget the role of the regulator. It is easy to focus on the things we know, but we are paving the way for a new regulator—the OPSS—to come into force. The funding for the additional work it will undertake as a result of the sales ban will not be an insignificant amount of money. It is important to note that we are appointing the regulator to enforce the Bill and issue the civil sanctions, which I talked about in relation to the fines. That will constitute the bulk of the work. We are focused on criminal sanctions, but the vast bulk of the work will relate to civil sanctions. That will constitute the work that the OPSS will do. We therefore do not expect the burden on the strategic intelligence-led NWCU to increase significantly. The OPSS is designed to take out the volume of activity. Given those explanations, I hope the hon. Lady will withdraw her new clause.
The Chair
I remind hon. Members that votes on new clauses come at the end.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Civil sanctions
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Amendment 13, in schedule 1, page 31, line 22, at end insert—
“(d) the circumstances in which the Secretary of State would consider criminal sanctions more appropriate than civil sanctions.”
This amendment requires the Secretary of State’s guidance under paragraph 21 to state in what circumstances criminal sanctions are considered more appropriate than civil sanctions.
That schedule 1 be the First schedule to the Bill.
Sue Hayman
Amendment 13 is pretty straightforward. It was designed to clarify the circumstances in which the Secretary of State will consider criminal sanctions to be more appropriate than civil sanctions. We propose to insert it into paragraph 21 of schedule 1 in order to be absolutely clear about why a criminal sanction would come into play, as opposed to a civil sanction. The Minister said that the bulk of cases will come under civil sanctions, but what is the tipping point? We feel that anyone involved in this will need to understand properly the circumstances in which the Secretary of State would consider a case to have tipped into a criminal sanction.
David Rutley
I set out in our discussion on clause 12 that a mixed regime of criminal and civil sanctions will be applied to the offences under the Bill. In line with that approach, clause 13 ensures that civil sanctions may be applied to breaches of the ban. The civil sanctions are detailed in schedule 1. We recognise that offences made under the Bill may vary in severity. Overly harsh sanctions should not be applied in a way that could be deemed to be disproportionate. For example, where members of the public have genuinely made every effort to abide by the ban or are genuinely of the belief that the item is not ivory, it would clearly be inappropriate to levy criminal sanctions.
However, compliance with the ban cannot be seen as optional. Acts of non-compliance must be deterred and penalised with the appropriate level of sanction. That is critical if we are to meet our objective of ending the link between the UK ivory market and elephant poaching. The clause ensures that, where a criminal sanction is unwarranted, a range of civil sanctions may be applied. The regulatory body and the police will be responsible for identifying and investigating breaches of the ban. The regulatory body will be responsible for issuing civil sanctions, as I described earlier.
If an offender does not comply with a civil sanction imposed against them—for example, if they do not pay the monetary penalty imposed against them within the necessary period—they may be subject to criminal sanctions. The Government believe that the range of available sanctions reflects the seriousness of the ban, while allowing it to be proportionate. I commend the clause to the Committee.
Sue Hayman
I thank the Minister for providing that detail. Schedule 1 states that the Secretary of State must
“prepare and publish guidance as to”—
this is in paragraph 21(1)(c)—
“the circumstances in which the Secretary of State is likely to take any such action.”
Does that clearly explain whether he would consider criminal sanctions to be more appropriate than civil questions? Perhaps further clarification could be given in the guidance that accompanies the Bill, because it is important for people to understand whether these are criminal or civil sanctions. Could the guidance be elaborated to make that clear?
David Rutley
I understand the hon. Lady’s concern about getting this right. I can assure her that there will be further clarification on these points in the guidance. The point is well made, but it will be in the guidance.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 14
Power to stop and search persons
Question proposed, That the clause stand part of the Bill.
David Rutley
These clauses all refer to powers of stop-and-search to be conferred on police and customs officers. They refer to persons, vehicles, and vessels and aircraft respectively. Clause 14 confers on police and customs officers the power to stop and search persons. There is no power to stop and search where an officer suspects that a person has in his or her possession an ivory item that is not intended for dealing. In order to use the powers, an officer will need reasonable grounds to suspect that a person has committed or is committing an offence. That might include intelligence gathered about a planned sale of ivory, or information from the registration database that an item has been falsely registered. A police or customs officer may also detain a stopped person for the purpose of carrying out a search. The stop-and-search powers in clause 14 are exercisable in any place to which a police or customs officer has access, including any public place.
Clause 15 confers on police and customs officers the power to stop and search vehicles. Again, the power is engaged where an officer has reasonable grounds to suspect that a person has committed or is committing a “relevant offence”, as defined in clause 14(4). The power does not apply where the vehicle is a dwelling. A dwelling is not defined but is intended to be given its natural meaning—the exclusion would, for example, apply to a residential caravan. The power will apply to vehicles whether or not a driver or other person is in attendance of the vehicle.
Where it is impractical for a stopped vehicle to be searched in the place it was stopped, an officer may require the vehicle to be moved to another place before conducting the search. That provision would apply, for example, where a vehicle was stopped on a busy road and it would be safer to conduct the search in another location. Clause 15(4) places a duty on any person travelling in the vehicle, or the registered keeper, to facilitate the exercise of an officer’s power under the clause. For example, the driver of the vehicle may be required to open a locked glove box or boot. Again, those stop-and-search powers are exercisable in any place to which the officer has lawful access. That would enable a vehicle parked in a garage on premises that were the subject of a search warrant under clause 15(7) to be searched.
Clause 16 will confer on police and customs officers a power, analogous to that in clause 15, to board and search vessels or aircraft. A vessel is defined in clause 36(4) and includes any ship, boat or hovercraft. However, the power does not apply where a vessel or aircraft is used as a dwelling—a houseboat, for example.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clauses 15 and 16 ordered to stand part of the Bill.
Clause 17
Powers to enter and search premises
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clauses 18 and 19 stand part.
That schedule 2 be the Second schedule to the Bill.
Sue Hayman
The hon. Member for Cheltenham said during one of our evidence sessions that some people had raised concerns about the fact that accredited civilian officers at present have quite swingeing powers to enter premises, search, check and so on. He asked Anthony Browne, the chairman of the British Art Market Federation, whether he had any concerns about the scope and nature of those powers, and Mr Browne’s reply was that there were concerns and that he was very glad that the hon. Gentleman had raised the issue.
Mr Browne said that one of the federation’s members had been given legal advice—he said he was happy to make that available to the Committee, although I am not sure whether he has—that giving those powers to civilians was
“most unusual…if not unprecedented, except where public safety considerations are in prospect.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 49, Q105.]
I wonder whether Mr Browne has submitted that advice to the Minister. He did say that he had a memorandum that he was happy to submit for consideration. Has the Minister had any more thoughts on that? I thought that the hon. Member for Cheltenham made a very good point. He said that it is not entirely clear in the legislation who the accredited civilian officers would be, their qualifications and where they would be drawn from. I would be grateful if the Minister would clarify those points.
Alex Chalk (Cheltenham) (Con)
The hon. Member for Workington has put it very well. I have nothing to add but, for obvious reasons, endorse the remarks she has made.
David Rutley
The hon. Lady makes some important points. I will wait for a little inspiration to help with some of them. It is important to recognise that accredited civilian officers are members of the OPSS and already have powers of entry and search under the Consumer Rights Act 2015 in relation to products subject to trade.
It is about recognising the new role. The regulator is new and, therefore, we are trying to understand what it can do. They already have a pre-existing role and within that they have these powers to enter and search. They also have powers under the Serious Organised Crime and Police Act 2005. These are specific servants given a particular role and they do have pre-existing powers that they could use in trying to prohibit the sale of ivory, or commercial activity relating to it, that does not qualify for exemption. I hope that answers the hon. Lady’s question.
Alex Chalk
Will my hon. Friend be kind enough to indicate the training that takes place before someone is qualified to use these important powers? Bearing in mind that the individual would be entitled under the legislation to enter premises—albeit non-dwelling premises—and to search in an intrusive way, we need to ensure that the people exercising those important powers have been fully trained, so that civil liberties are protected.
David Rutley
My hon. Friend makes an important point. Of course, there will be a strong training regime to ensure that these individuals are able to carry out their current role and we want to ensure that they have adequate training to take on new roles related to the ivory prohibition. I will write to him with details of how that will be moved forward.
Sue Hayman
Further to that point, the situation has been described as possibly unprecedented. How often does the Minister see these civilian officers taking part in investigations? Would that be rare or a regular part of the enforcement process? That would clearly affect resources and training. I would be grateful for clarification on that.
David Rutley
The Bill is clear that the powers given to the body and its members will be strictly controlled. The relationship with customs officers and police officers is tightly defined. As for the number of times it will be used, we are putting more focus on civil sanctions. The key point is that officers or members of the OPSS will need these powers to carry out their work and move matters through. The hon. Lady will note that clause 17 requires the OPSS to issue reasonable notice of intent to enter. The move to enter premises is not just to search; it can also be to ensure compliance. It is important to remember that the job of the OPSS is to help educate and train as well as ensure compliance and enforcement. It is a matter of thinking about their role more broadly. In many situations, as set out in the Bill, reasonable notice will be required.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clauses 18 and 19 ordered to stand part of the Bill.
Schedule 2 agreed to.
Clauses 20 to 26 ordered to stand part of the Bill.
Alex Chalk
I wish simply to underline a point that has been made already. Clause 27 creates offences of obstruction if anybody, without a reasonable excuse,
“obstructs an officer in the performance of any of the officer’s functions under sections 14 to 24.”
That includes an accredited civilian officer, so it is all the more important, given the potential criminal sanctions that can apply, that the individual who possesses these significant powers of search, seizure and requiring the production of documents is truly competent and capable of that task. I wanted to take this opportunity to underscore the point, given the severity of the sanctions, that this is not something that should be skimped.
David Rutley
I reassure my hon. Friend that we are not looking to skimp, and we must of course ensure proper training. I will write to him, as I have already promised. We are all getting our heads around a new regime, but I assure the Committee that it is not unprecedented for OPSS to exercise powers under legislation; it falls under the remit of the Department for Business, Energy and Industrial Strategy and, as I have said, it has these powers already in relation to the Consumer Rights Act 2015. We want to ensure that it has the proper powers and that there is proper training, because of the implications.
Question put and agreed to.
Clause 27 accordingly ordered to stand part of the Bill.
Clauses 28 to 34 ordered to stand part of the Bill.
Clause 35
Meaning of “ivory”
Sue Hayman
I beg to move amendment 11, in page 20, line 40, leave out “an elephant” and insert “a hippopotamus, elephant, killer whale, narwhal, sperm whale, or walrus.”
This amendment would include in the definition of ivory all the ivory-bearing species listed in an Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Chair
With this it will be convenient to discuss the following:
Amendment 12, in page 21, line 3, leave out from “subsection” to the end of line 5
This amendment would allow the Secretary of State to make regulations in the future that would include any ivory species, even if not listed in an appendix to CITES.
Clause stand part.
Sue Hayman
Amendment 11 would include under the definition of ivory all the ivory-bearing species listed in an appendix to CITES. We have discussed the definition of ivory at length at every stage of the Bill, so I want to consider some of the discussion that we have had.
On Second Reading, the Secretary of State said that there would be an opportunity in Committee to consider whether the scope of the Bill was absolutely as it should be. He said:
“A number of Members have previously indicated their interest in extending its scope to other forms of ivory, such as narwhal horns, and there will indeed be an opportunity to debate precisely that matter in Committee.”—[Official Report, 4 June 2018; Vol. 642, c. 92.]
With amendment 11, I am taking the Secretary of State up on that generous offer and considering it in more detail.
Sue Hayman
I know how the Minister appreciates it.
Several hon. Members, some of whom are members of the Committee and others who are not but took part in the Second Reading debate, have spoken about why they feel it is really important that we look at extending the Bill’s scope. They include my hon. Friend the Member for Bristol East, who I believe is paired today, the hon. Members for Mid Derbyshire and for North Dorset, who are both here today, the right hon. Member for North Shropshire (Mr Paterson), and the hon. Members for Richmond Park (Zac Goldsmith), for North East Hampshire (Mr Jayawardena), for Berwick-upon-Tweed (Mrs Trevelyan), for Bexhill and Battle (Huw Merriman), for Witney, and for Southend West (Sir David Amess). They all raised the specific issue of extending the scope on Second Reading.
Mrs Pauline Latham (Mid Derbyshire) (Con)
Although I agree that we need to look at going beyond elephant ivory at some point, we need to get this Bill through quickly, even though it is narrow. I would have preferred it to be wider, but it cannot be because we have not consulted on that. Does the hon. Lady agree that it would be better to get the Bill through and to widen the scope at a later stage, as soon as we possibly can, rather than delay its implementation as it stands?
Sue Hayman
I agree that we need to get the Bill through very quickly, because of its important purpose. However, on consultation, I have taken professional advice from the Consultation Institute, and I declare an interest because I am an associate. Its advice to me, as a professional organisation that works with different Departments, is that consultation will not necessarily delay the Bill and prevent it from being ready before the conference that we are all looking forward to in October.
The Consultation Institute does not believe that it is illegal to move forward without further consultation, but if consultation was necessary, the Government could easily devise a quick consultation of no more than 14 days, by going back to the organisations that have already shown an interest in this matter through responding to the initial consultation. That could be done very quickly; there is no reason to delay the Bill by extending that consultation. The institute would be happy to work with the Department and endorse that consultation formally at the end, so that there would be no challenge. The Government have apparently done short consultations in the past as top-up consultations to something that has already taken place, as a piece of legislation goes through.
Anna Turley
I appreciate the helpful explanation of the consultation process, and I completely agree with my hon. Friend. I am quite confused about the point that has been pressed a number of times, that widening the scope slightly to include other animals would delay the Bill’s progress. The Opposition have tabled an amendment, which is being discussed. If we were in a world where we did not amend Bills during a parliamentary process because we had not consulted on the relevant issue from the exact outset, goodness me, hardly any legislation would be amended in this place and we would deal only with what was presented to us at the beginning of the process.
Sue Hayman
Clearly, we need to be able to crack on and we must not get too bogged down in consultation. However, we do not want at any stage for this Bill to be able to be challenged. That is very important. There are certain sections of the art market that wish to challenge the Bill. That is why I took that professional advice from the Consultation Institute, so that it would be happy to work with the Department to ensure that there is no opportunity for a legal challenge if another short consultation was held to allow the scope to be extended.
To return to the suggestions of other hon. Members in debates and evidence sessions, the hon. Member for Berwick-upon-Tweed spoke very strongly about the need to extend the scope. She said that this is a “one-off opportunity” to highlight the other mammals that would be affected. My hon. Friend the Member for Bristol East said:
“We know that this will be the only time we have an Ivory Bill before this House for many years to come, so if we are going to try to protect those species, it makes sense for us to do it now, in this Bill.”—[Official Report, 4 June 2018; Vol. 642, c. 105.]
The right hon. Member for North Shropshire, who is a former Environment Secretary, raised an important point on Second Reading. He said:
“The Secretary of State should also be able to include other ivory-bearing species not listed in the CITES appendices”,
an important point made previously by the hon. Member for North Dorset. The right hon. Member for North Shropshire went on:
“As the Born Free Foundation has indicated, there has been an increase in the purchasing of hippo and other non-elephant ivory in the UK to replace elephant ivory in the internal trade. The BFF infers that the legal and illegal trades are targeting these other species, as the Government’s focus is on elephant ivory.”—[Official Report, 4 June 2018; Vol. 642, c. 104.]
It is important to keep the focus on elephant ivory, but we must not lose sight of what else is happening.
Simon Hoare
It is a pleasure to follow the shadow Minister. She will not be at all surprised to hear that I have a huge amount of sympathy with what she has said, but I also entirely take the point made by my hon. Friend the Member for Mid Derbyshire. It is good and bad fortune that the timetabling of this is slightly hog-tied by the conference taking place in London this autumn. If we are to showcase to the rest of the world our seriousness about dealing with this issue, and to use the Bill as an exemplar of what other countries can do to bring pressure to bear on the ivory trade, it is imperative that we progress the measure as speedily and smoothly as possible.
The hon. Lady has made perfectly valid points, which many of my hon. Friends made on Second Reading. She was kind enough to refer to the remarks that I made in two interventions on the Secretary of State. Notwithstanding those points, I think we should focus on trying to move this forward. However, I hope she will agree, and I hope—in fact I am almost certain—that my hon. Friend the Minister will already be casting his mind to Report stage. We often think that in Committee we raise issues in more detail than on Second Reading, but Departments still have to go away and do further thinking, research and indeed inter-departmental consultation, rather than issues being decided with the flick of a ministerial pen. I certainly hold out much hope that when we come to our debates on the Floor of the House on Report, the Minister will have good or encouraging news, predicated on the remarks that many of us have made about the scope of the clause.
For the record, I am certainly keen to see the word “only” deleted. Of course we should use CITES as a foundation for the parameters of the clause, but we should have the scope to list animals that are not endangered. I am tempted to say that we list animals as endangered only when it is too late. If we are keen to de-commoditise the attractiveness of ivory as a tradeable item irrespective of its source, perhaps in 18 months to two years we might find a diminution in the value and volume of elephant ivory, but an absolute explosion in warthog ivory, and debates on that. I am rather fond of the warthog; I do not know why. I am a fan of Flanders and Swann, who had a charming song—I am sure it is available on YouTube or somewhere—about warthogs. Perhaps colleagues could listen to it during the lunch adjournment and understand the inherent beauty of the warthog. We might have scope on Report to hear about how we could base the clause on CITES, but also bring other species not covered by CITES as endangered into the list.
Like my hon. Friend the Member for Mid Derbyshire, I have an interest in seeing the Bill include mammoths. I am not persuaded by the argument that because a species is extinct, the still sellable product—the mammoth tusk—should therefore be excluded. I was grateful to the NGO representatives at the evidence stage who made the point about the need to protect and preserve the dwindling numbers of both the African and the Asian elephant. We know that there are tricksters out there who will try to find maintenance in the market for their wares, and will—I am told it is pretty easy if one knows how—convert elephant ivory into something that looks and feels like mammoth ivory. We create a lacuna in our aspiration of trying to de-commoditise ivory if we exempt mammoth ivory merely on the premise of its coming from an extinct species. My hon. Friend the Minister will be hugely relieved to know I am not a parliamentary draftsman. I simply suggest that perhaps on Report, were we to see a Government amendment moving the deletion of paragraph (b) from subsection (6), because the mammoth falls within the elephant family, that would neatly tie that up.
The shadow Minister knows I hold her in very high regard. With apologies to my hon. Friend the Member for Cheltenham, we live in a litigious age where lawyers grub around for every shilling and halfpenny—not my hon. Friend, of course, who stood primus inter pares at the Bar. However, one or two look to advance a case in order to make a little money.
I slightly challenge the hon. Member for Plymouth, Sutton and Devonport. I heard what the hon. Member for Workington said, but were we, at the stroke of a ministerial pen in Committee, suddenly today to include in an Act of Parliament species that had not been consulted on, that would make the Government open to the potential for judicial review. While the direction of travel as set out clearly in subsection (4) might not be perfect, it is to be welcomed.
My right hon. Friend the Secretary of State responded to interventions about a real appetite to see a widening of the species included under the Bill, to be dealt with by delegated legislation, and all of us who are serious and focused on this issue—there is no division on that in the Committee—should feel that is the way to go. However, on the inclusion of mammoths, I hold out hope. It may be overly simple to delete subsection 6(b), the requirement for extant species on the day on which the Bill is passed—there may need to be concomitant knock-on amendments to other clauses—but that would clearly bring mammoths within the scope of the Bill. As a helpful way forward, we should consider basing the Bill on CITES but not restricting ourselves to that.
If the hon. Lady presses her amendment to a vote, I will, with regret, vote against it. My strongest drive may not have been that if I were not persuaded of the responsive tone of both my hon. Friend the Minister and the Secretary of State on the broadening and deepening of the clause. My strongest imperative is to be able to send a clear message to other legislators in October. Therefore, it may be regrettable, but on this occasion our main focus must be the timely progress of the Bill.
Alex Sobel
I rise to support amendment 11. I will restrict my comments to the narwhal as I do not have time to go into depth on the hippo, killer whale, sperm whale and walrus. Narwhal were known as sea unicorns for many centuries before exploration of the Arctic, and their tusks were one of the most valuable commodities in pre-industrial revolution Britain. Queen Elizabeth I is said to have spent £10,000—equivalent to £1.5 million today—on a narwhal tusk, which was placed with the Crown jewels. Although narwhal horns are no longer so valuable, they are valued at between £3,000 and £12,000, and a double tusk can fetch as much as £25,000.
The International Union for Conservation of Nature considers narwhal hunting still to be a major issue. In Canada and Greenland, narwhal hunting is still permitted, and between 2007 and 2011 an average of 979 narwhals were hunted a year. The Inuit as a native tribe have hunted narwhal for centuries, using them as a source of both food and income.
Numerous reports have been produced, and there is an evidence base from non-governmental organisations. CITES has said that there is a significant trade in narwhal tusks and parts but that there is not sufficient data to track it. The Whale and Dolphin Conservation Society is concerned that the hunting of narwhal has already become unsustainable. Narwhals have been over-harvested in Canada and Greenland. The society said:
“The annual hunting in western Greenland…significantly exceeded the quotas recommended by those scientific bodies of regional and international organisations charged with narwhal management.”
Narwhals are significantly impacted by climate change. While I understand the need to make haste with elephants, narwhals face more than one threat, so it is important to agree to the amendment to include narwhals in the scope of the Bill.
I am not sure whether the Minister is aware that the Inuit people are permitted to sell narwhal derivatives, including the horn, within the European Union. There are restrictions on what can be imported without permits, and penalties for contravening import rules. Will the Minister give us some more information about that and about how we will deal with the issue if we do not agree to the amendment?
Anna Turley
I, too, rise to support the very important amendment 11. A phrase that is used with medical students is “first, do no harm”, and we ought to think about that all the time when passing legislation. I have a real concern, which is backed up by evidence, that when passing legislation such as this we can have a disproportionate impact on another species. We all support the Bill wholeheartedly; it is long overdue in protecting elephants, but we should be absolutely mindful of its potentially damaging knock-on effect on other species.
I rise to speak about the noble hippopotamus in particular. [Hon. Members: “Hear, hear!] I think everyone agrees what a beautiful and wonderful animal it is. The number of hippos in the world has crashed by 95% in 30 years, and that is widely acknowledged to be a knock-on effect of the increasing restrictions on the trade in elephant ivory. For example, in the Virunga national park in the Democratic Republic of the Congo there were 29,000 hippos and there are now just 1,300. The hippo is vulnerable and is on the red list of threatened species, and there is deep concern that it is being poached and hunted for its teeth, particularly as the loopholes close around elephant ivory. In 2014, 60 tonnes of hippo teeth were exported to Hong Kong from Africa, and from there they were sent to European countries. If the purpose of the Bill is to close markets that are driving that trade, there is clearly a strong integrated global trade in hippo teeth that has a huge effect on the species.
Different countries are taking different steps. Uganda has banned the trade in hippo teeth, and in the Democratic Republic of the Congo the hippo is a protected species. It is vital that we take this opportunity to send out the message that we in this country do not believe that hippos should be killed or poached for their teeth, and that our view is that our legislation on protecting elephant ivory will not have a damaging impact on the hippopotamus.
I close with a quote in the National Geographic by Pieter Kat, who is a conservation biologist in east Africa:
“What we need to realise is African wildlife conservation should not be guided entirely by a focus on elephants and rhinos. Many other species are being traded to extinction in Africa, and I would to have say hippos are probably one of the most obvious examples of this.”
We need to tread very carefully, so that in doing something fantastic to protect the beautiful species of the elephant we do not have a knock-on effect on that of the hippo.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I rise to support the amendment, and to pick up on the point made by the hon. Member for North Dorset about the risk of parliamentary sovereignty being judicially reviewed. Unfortunately, I am not sure that the Clerk can intervene in Committee to clarify the legal position, but I reassure the hon. Gentleman that the courts are there to reinforce the will of Parliament rather than to police it.
Primary legislation cannot be judicially reviewed. That picks up on the point made earlier by my hon. Friend the Member for Redcar that no amendment can be made to any Bill, subject to consultation, if we have strict enforcement. However, given the fact that there is no risk of judicial review of primary legislation, and that the shadow Minister has provided a handy, quick, short consultation route, I do not see much problem with accepting the amendment.
Simon Hoare
The process by which the law is made is judicially reviewable, and one cannot put in, when making law on a whim—whether of a Committee or of a Parliament—something that has not been consulted on, under the regulations, with relevant bodies. For example, we know that we will ban flammable materials for high-rise blocks. The Government still have to consult on it, because we cannot just make law on the hoof. The process of suddenly including things that were precluded from the scope of the Bill when it was a Green Paper for consultation is, I am afraid, judicially reviewable. The hon. Gentleman is right about the outcome, but the process by which we arrive at it is judicially reviewable. That could delay the implementation of the Act. That is what we have to avoid.
Luke Pollard
I thank the hon. Gentleman for his comments. As the Bill is called the Ivory Bill, it is well established that its scope can include ivory. The only definition included in the Bill refers to elephants. A clear opportunity is available to Members to expand that to include other species that are directly at risk from the precedent set by tackling only elephant ivory.
I am not certain that the hon. Gentleman is correct when he talks about the judicial review risk. However, I am certain that we all want elephant ivory to be banned and the ban to be extended to other types of ivory. Two possible routes have been laid out: the first is accepting the amendment proposed by the shadow Minister; the second is for the Government to take a short consultation period, after having accepted the amendment, to ensure that everything is in order.
I think we might be dancing on the head of a pin. We all want these species to be brought into the scope of the Bill, and we need to work out the best way of doing that. From my point of view, having, ahead of the conference, a piece of legislation that bans trade not only in elephant ivory but in that of other species would send a powerful message, and a stronger one than if the Bill included only elephant ivory.
Dr Cameron
I also rise to support amendment 11. It is imperative that there is no knock-on effect and endangerment of further species as a result of the Bill. We heard extremely clear evidence from experts that that is exactly what would happen. We must ensure that it is all-encompassing. We have heard already that expert opinion says that that can be done timeously and so as not to interfere with the announcement at the conference later this year. A short consultation period can take place.
Where there is a will, there is definitely a way in the case of the Bill. I also put on record that although announcements at conferences are extremely welcome and important, they are not as important to me and to the Scottish National party as protecting a number of endangered species for future generations.
Liz Twist
I also rise to support amendment 11. I am afraid I do not have the erudition about some of the species in question that other hon. Members have. However, I think it was clear on Second Reading and is clear from other evidence that there is widespread support for ensuring that the Bill encompasses the whole range of ivory, so that there are no knock-on effects and we can protect as wide a group of species as possible, with the aim of protecting wildlife. So I urge the Minister to—
Ivory Bill (Sixth sitting)
Tuesday 19th June 2018
(5 years, 10 months ago)
Public Bill CommitteesRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 19 June 2018 - (19 Jun 2018)
The Committee divided: - Ayes: 7 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 7 / Noes: 8 - Question accordingly negatived.
The Chair
I remind the Committee that with this we are discussing the following:
Amendment 12, in clause 35, page 21, line 3, leave out from “subsection” to the end of line 5
This amendment would allow the Secretary of State to make regulations in the future that would include any ivory species, even if not listed in an appendix to CITES.
Clause stand part.
It is rather warm and humid in here—with humour as well, hopefully—so Members should feel free to take off their jackets. Members who have already spoken in the debate but wish to make comments on parts of the group that they did not address in their first speech are welcome to do so. If they wish to be called again, they should catch my eye by standing. I understand that Liz Twist was speaking before lunch, but she is not here. Would anyone else like to speak?
Kerry McCarthy (Bristol East) (Lab)
I feel that I have been slightly thrown into the middle here, because I was “slipped” for this morning and had not expected the Committee to have made such progress. Last week we took much oral evidence on broadening the definition of ivory beyond the tusk or tooth of an elephant to other ivory-bearing animals. It was disappointing that the consultation looked just at elephant ivory without the opportunity to consider narwhals, walruses or other animals. The hon. Member for Mid Derbyshire was particularly keen that mammoths should be included in the definition, although that would not come under a convention on international trade in endangered species definition, on the grounds that animals that are already extinct cannot be protected as endangered species. I suggest to the Minister that just because there was not a consultation on other species does not necessarily mean that they cannot be included in a definition.
We heard in evidence that the vast majority of trade is in elephant ivory. Exemptions for antiquities and precious items are nearly always concerned with elephant ivory; the new forms of ivory are very much secondary. There was a discussion about whether the Government would be subject to judicial review if a ban were to be implemented without consultation, and I will be interested to hear the Minister’s comments on that. My concern is that although the Bill makes provision to do things by statutory instrument, we will not have another ivory Bill for a long time. I therefore want reassurance that, if we are not to widen the definition in the Bill, those consultations and statutory instruments will be brought forward as soon as possible.
With regard to ivory-bearing animals mentioned in the CITES appendices, alongside African and Asian elephants in appendix I—those ranked as most severely under threat—are sperm whales, which are already under threat from ivory poaching. In 2013 the Spanish authorities seized 250 teeth, with a combined weight of 80 kg, which would have sold online for £1,000 each to be made into carved chess pieces. Appendix II includes narwhals, a single tusk of which can sell for up to $12,500. It has been reported that there are, on average, more than 200 trades in narwhal tusk every year. Although these species may not be at such an immediate and apparent threat of extinction as the elephant, they are at risk.
Anna Turley (Redcar) (Lab/Co-op)
We mentioned this morning the knock-on effect of some bans. Does my hon. Friend agree that, if we have such a small Bill, focused only on elephants, the knock-on effect for other species not currently endangered could escalate their endangerment? There would be purely a knock-on effect for other species.
Kerry McCarthy
I entirely agree with my hon. Friend. We have heard that this is big business. There are organised criminal gangs involved in poaching ivory. We have seen in the past how they will move from one lucrative criminal activity to another. If the elephant trade is closed to them, which we hope it will be, they will move on and find new pastures.
I have mentioned a couple of species involved. Alongside those in appendix II there are also killer whales, hippos and certain types of dolphin. Appendix III includes the walruses. It is estimated that up to 3% of their global population are hunted and killed every year.
I want to make a final plea for the poor old warthog, which no one seems to care very much about—[Interruption.] Maybe it was discussed this morning. We have to look at why we are introducing an ivory ban. It is mostly presented as a conservation issue that threatens the survival of the elephant, which could be wiped from the face of the earth. We should look at it from the point of view that taking an animal’s teeth just for the purpose of ornamentation or to make money out of it has to be wrong, whether it is rare, precious and wonderful to look at, or an ugly old warthog, of which there are many running around. I argue that we should not hunt animals for ivory, whether they are endangered or not.
Sue Hayman (Workington) (Lab)
I will speak briefly to amendment 12, which I tabled following a suggestion from the hon. Member for North Dorset, who unfortunately is not in his place at the moment. He suggested that in clause 35(3) everything following the word “only” should be deleted, so that it would read:
“The regulations may amend subsection (1) so as to include ivory from an animal or species not for the time being covered by that subsection.”
That would allow us to look at non-CITES species, a point raised by a number of hon. Members, including the hon. Member for Mid Derbyshire. That would include mammoth, for example. There is obviously also the dear warthog. My hon. Friend the Member for Bristol East missed a treat this morning when the hon. Member for North Dorset threatened to sing a song about the warthog in order to draw attention to its plight. She might like to have a word in private, to ask if he could entertain her.
Amendment 11 seeks to extend the scope of the Bill. Amendment 12 would allow us to consider any animal that might be affected in future by displacement or removal of other species from poaching, for example. This is an important area to consider. I hope that the Government will consider it seriously, because it is a simple amendment that would attract cross-party support.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I will speak to amendments 11 and 12 and clause stand part. I warn colleagues that this will be a lengthy contribution, but that is fitting, given the contributions we have heard. I will take interventions, and I know that the hon. Member for Workington will wrap up with her final thoughts. She made a few detailed points about consultation, and the fact that she is an associate of the Consultation Institute and is taking guidance and advice from it. We would be happy to look into that. As a Minister, I need to take guidance from other sources within Government too, so there are often different views on these matters. We will of course look at that.
The hon. Member for Leeds North West spoke with passion and conviction about narwhals, and he made some good points. I will write to him with the details on imports. The hon. Member for Plymouth, Sutton and Devonport talked about the risk of judicial review. Perhaps he could hold that thought, because in the main body of my remarks I will talk about the biggest risk here, which is of the European Court of Human Rights challenging the provisions in the Bill. We can answer questions as we go. I thank hon. Members for their amendments and would like to acknowledge the significant degree of support, in the House and from conservation organisations, for extending the scope of the Bill to cover other species.
Clause 35 provides the definition of ivory applied in the Bill. Ivory is defined as the tusk or tooth of any species of elephant. Subsection (6) defines elephant as any animal or species that is within the family Elephantidae and that is extant—meaning living—at the time the Bill is passed.
My hon. Friend the Member for Witney questioned whether we should be looking at the chemical composition of ivory, so let us put that on the table as well, as we are all keen to understand the situation. The chemical composition of ivory cannot be used here, or indeed in the CITES or EU wildlife trade regulations, to assist in defining elephant ivory. That is because the chemical composition of all mammal teeth is broadly the same, so this is not a helpful method for distinguishing between species. Instead, a range of other approaches is used to distinguish elephant ivory from other species and other materials such as plastic, including physical characteristics and DNA testing. Therefore, chemical composition or any other practical means of testing ivory cannot be used as a legal definition for elephant ivory, either in the Bill or in international restrictions on ivory, with which it is important that we align.
Many will ask why back in October we consulted only on the sale of elephant ivory. We have moved quickly—not just in this Committee but before—but the short answer is that that is where the clear priority lay at the start. As we heard so clearly from the NGOs last week, their primary aim is to see a world-leading ban on elephant ivory sales enacted in the UK. That is where the Government have acted quickly in response. Also, the UK signed up to a resolution at the last CITES conference committing to close domestic elephant ivory markets. We therefore wanted to do what was necessary to get this legislation on to the statute book as soon as possible.
Elephant ivory is the most commonly found and traded form of ivory. Indeed, during initial consultations with NGOs it was stated that their primary focus was on banning the sale of elephant ivory as it forms the vast majority of the trade. Amendment 11 seeks to protect other endangered ivory-bearing species by extending the scope of the Bill to cover hippos, killer whales, narwhal, sperm whales and walrus. I stress that we share these concerns about other endangered ivory-bearing species and want to do all we can to protect them. Species such as the hippo and the narwhal—the unicorn of the sea—deserve as much protection as the elephant, and the poaching of such creatures for their ivory is equally abhorrent. However, I cannot say what proportion of the UK ivory market concerns non-elephant ivory, as we did not seek that information in our consultation—that consultation was narrower.
That is why the Bill includes, in clause 35, a power for the Secretary of State to lay regulations to widen its scope to cover other endangered ivory-bearing species, such as hippopotamus, narwhal and walrus. That power is broad, and it is not dependent on demonstrating that the banning of elephant ivory has caused the displacement of the market to other species. The hurdle is low.
Clause 35(3) states that regulations may be laid only in respect of ivory-bearing species listed on an appendix to CITES. That is an important qualification. A listing in one of the three appendices to CITES demonstrates that the animal or species requires a degree of protection from trade, for example through restrictions on the trade in that species. Currently, the listed ivory-bearing species to which that may apply are hippopotamus, walrus, killer whale, sperm whale and narwhal. Unfortunately for my hon. Friend the Member for North Dorset and the hon. Member for Bristol East, the Bill does not include walruses, but I will come to them in a second.
Anna Turley
The Minister is being generous with his time, but I refer him to the point made by my hon. Friend the Member for Bristol East. It is important that we look at this issue through the prism of endangered species, but there is also a moral obligation. How much has that formed part of the thinking behind the Bill? We ought to be driving out poaching and the hunting of animals for the use of their body parts for culture and marketing because it is a moral imperative.
David Rutley
I completely understand that. I think we need to pause for a moment, though, to reflect on the fact that we are trying to make a real difference with elephant ivory. There are provisions for all other forms of ivory and I will take away the hon. Lady’s point, but it is worth reflecting on the evidence we had from the NGOs, which was that they like the ban, that it is meaningful that and it is going to make a difference. It will also set a standard for others to follow.
I am sure Opposition Members as well as the Government will reflect on these matters. We will do everything we can to make these provisions as wide-ranging and impactful as possible. As I hope I have described, we need to get through a balance test, and at the moment we do not have enough evidence to support a balance review taking place.
Should warthogs become endangered and listed under CITES, the Bill provides the ability to amend the regulations to reflect that. With my rather lengthy explanation, I hope I have addressed most of the points to be made regarding clause stand part. I say to my hon. Friends and Opposition Members that I am committed to considering whether steps can be taken to use the subsection (3) powers as soon as possible after commencement so that all statutory instruments and guidance to enforce the ban on elephant ivory are in place. However, I am happy to consider the evidence and data required for a balance review.
Sue Hayman
I thank the Minister. During the discussion on amendment 11 and extending the scope of the Bill, it appeared that the Government’s main concern was about further consultation and a potential judicial review.
David Rutley
The key point is that this is not about judicial review. I know I am getting a bit techy, but the key thing is that it would be a challenge under the European convention on human rights. To satisfy the requirements of the ECHR, we need to review whether we have looked not just at the general interest in the ban but in the rights of individuals, in particular to do with possessions, that are enshrined in the ECHR. That is why we have to do the balance test. What I am trying to get across to the Committee is that we need to ensure that we have the evidence—we want to gather it as quickly as possible—but there is still a requirement to do the balance test.
Sue Hayman
We have talked about how we could do the consultation quickly, and the Minister has made a commitment to talk to the Consultation Institute about that. As far as human rights go, according to the legal advice I have taken primary legislation can be challenged only on human rights and EU law grounds. I have been informed that in the case of human rights, the argument would have to rest on article 1 of protocol 1, on the “peaceful enjoyment” of property, but that is subject to a public interest caveat. On those grounds, we can justify the inclusion of other creatures—such as on the grounds of endangerment—in the same way as we can elephants. That is the legal information that I have received, so I put it on the record.
David Rutley
I thank the hon. Lady for setting out her view. At this point, I think we strongly agree with each other. On helping to get people familiar with the provisions, that is exactly what the Government say—it is an ECHR requirement, so it is about getting the fair balance review in place. We are perhaps using slightly different language about what we are trying to describe, but we are saying the same thing.
Sue Hayman
The legal advice I have been given is that that need not mean that we cannot extend the scope of the Bill and miss the conference deadline in October, which the Government are clearly keen to meet. I would be keen to look at how to extend the scope now, because that is what most people would prefer from the Bill at the beginning, rather than coming back to it through secondary legislation at a later date—we do not know when that would happen.
In response to points made during the debate, including by the Minister, I would say that the most important thing is to get the Bill absolutely right and to get it into legislation as quickly as possible. However, I do not think a conference date should be the ultimate deadline. We need to get the legislation correct regardless of whether that means we miss the conference deadline by a week or two—it is more important to get it right. A lot seems to be about the Government having the will to make the Bill the best they possibly can. We are in Committee to work with the Government, genuinely, to make a positive and helpful addition to what can be achieved though this groundbreaking piece of legislation.
I am disappointed that the Government are not prepared to consider amendment 12, because we know that non-CITES species are already being affected and are likely to be further affected by the displacement that we all agree will occur, or is likely to occur, once the ban on ivory comes into effect. We know that mislabelling as mammoth is used to confuse or misrepresent potential purchasers. The Minister talked about Schreger lines—I am not even sure of the spelling of that, and it is something I have learned during the debate. I had not heard of them, I would not know what they looked like and I do not think that the average punter would either, so I think it is important to understand more about what is happening with the use of mammoth.
Finally, I reinforce what my hon. Friends the Members for Bristol East and for Redcar said. We do not want to wait for an animal to become endangered before we step in and do something about its persecution. I ask the Minister to look again at amendment 12, but in the case of amendment 11, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I wonder, regarding the geographical extent of the Bill, whether it will include British sovereign bases on Cyprus and elsewhere, and what its geographical extent to overseas territories will be.
David Rutley
I thank the hon. Gentleman for his question. The answer is that it will not. I can write to him to give him a bit more detail as to why that is the case.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clauses 41 to 42 ordered to stand part of the Bill.
New Clause 1
Reporting requirements: Exemption certificates
‘(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State must—
(a) prepare a report on applications for exemption certificates that have been granted during that year, and—
(i) lay a copy of that report before Parliament, and
(ii) publish the report.
(2) Subsection (1) does not apply in relation to a year if section 3 of this Act has not been in force at any time in that year.
(3) A report prepared under this section must include the following in respect of each exemption certificate granted—
(a) the description or descriptions provided in accordance with section 3(1)(b) by the person that applied for the exemption certificate,
(b) the photograph or photographs provided in accordance with section 3(1)(c) by the person that applied for the exemption certificate,
(c) when the certificate was granted, and
(d) any other information that the Secretary of State considers appropriate.’—(Sue Hayman.)
This new clause requires an annual report to be published with details and pictures of all items that are granted an exemption certificate under section 3.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Sue Hayman
I beg to move, That the clause be read a Second time.
New clause 2 is about reporting on the international ivory market. We are asking that:
“Within 12 months of section 1 of this Act coming into force, the Secretary of State must publish and lay before each House of Parliament a report on the international ivory market.”
The idea is that the report would provide practical analysis of the impact of the Bill on demand for ivory in the United Kingdom and in other countries. Importantly, we would want it to consider the impact on nations or communities that generate income from ivory. We are also looking at the work of the Department for International Development in reducing the global demand for ivory and mitigating any negative impact that the provisions of this Bill would have on those nations or communities.
The reason for tabling the new clause is that it is important to keep a close, watchful eye on any implications of the Bill on the international ivory market and the communities that will be most affected by an ivory ban. During the evidence sessions, a number of hon. Members asked about the international ivory market and what contribution the Bill could make specifically toward deterring poaching and having a wider impact on the illegal worldwide trade.
Recent analysis has shown that the United Kingdom is the largest supplier to the world’s legal ivory market, with more than 36,000 legal ivory items exported from the UK in the five years between 2010 and 2015. It is also one of the largest importers to China and Hong Kong. As we also heard during the evidence sessions, seizure data shows that, alongside the legal market, the UK plays an increasing role in the illegal ivory trade in import, in export and as a transit country. The president of the Born Free Foundation, for example, said:
“Investment in wildlife law enforcement in Africa is really important.”
He also said that, in his view,
“there is a common linkage with our clear objectives in overseas development,”
which are to do with poverty and providing opportunities, and that:
“If we are not investing in the…areas where elephants and other species live, we are not doing a great service either…to the people who live…downstream from those protected areas.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 9, Q12.]
In the evidence session, the International Fund for Animal Welfare made reference to the discussion on Second Reading about how some of the Department for International Development’s budget might be used. I am aware that the hon. Member for Cheltenham also mentioned that on Second Reading. IFAW said that
“the impact of poaching on communities is not isolated from the illegal wildlife trade…There are good opportunities that exist with our overseas development budget to take a more integrated approach to delivering holistic aid and support and anti-poaching measures, to help build communities and tackle corruption...It is all part of a jigsaw that really helps, but our overseas aid is another part that we could potentially re-examine and look at, to provide better integrated aid.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 14, Q18.]
I do not know whether hon. Members saw it, but this morning CNN released a very interesting report on what has happened to the poaching of African elephants following the ban that the Chinese Government imposed on ivory on 1 January. CNN went to Mozambique specifically to see whether that ban was having an impact on poaching. I will just mention a few things about that report, because if we are looking to introduce our own legislation we need to look at the impact of other legislation on ivory from around the world, to see what areas we need to work in; perhaps that other legislation is not being as effective as it could have been.
One of the things that the CNN investigation found was that six months after that ban smugglers were still working with near-impunity. As I said, CNN went to Mozambique, to the Niassa reserve, which is one of the last great wildernesses in southern Africa. What the CNN team found was that the different officers who work there trying to stop poaching told them that corruption is the source of poaching. Looking to invest, along with DFID, to start to tackle that corruption will be really important if this Bill is to have the effect we want.
CNN said that the huge Niassa reserve should be home to thousands of elephants, but it is now thought that less than 2,000 are left there, which is really shocking. As part of its investigation, CNN also interviewed the people actually doing the poaching. Just as the drug lord obviously does not go and harvest his own cocaine, in the same way the people who are actually making money out of poaching do not go out and shoot the elephants themselves.
CNN went to a prison where there was a suspected poacher, and he said: “We were in the bush when we found a group of elephants. I shot the first one, then I shot the second one.” He then said that he had already spent a year in jail for a separate poaching incident. But his choices are limited; he said that he would do anything to help his family escape grinding poverty. He said, “I went poaching because I was suffering. I had nothing to survive on and I was desperate.”
So the poachers who kill elephants are usually poor and just looking for a way to feed themselves and their family, and often they do not have alternatives to wildlife crime. Poverty is causing poaching in Mozambique. Even if the Chinese ban had ended the market, or if the ban that we are putting place ended it, the poachers on the ground would continue this behaviour.
The new clause is designed to consider how we can do something to tackle that problem, take the focus of the Bill beyond just this country and do something to look at what causes poaching in the first place.
David Rutley
I thank the hon. Lady for tabling the new clause, the intention of which is clear, and it would potentially provide useful information. However, gaining such information could be a considerable and potentially expensive undertaking that is likely to require the engagement of outside experts or organisations, even though the full costs and benefits of this ban may not be fully known within the first 12 months of its coming into force.
As explained in the accompanying impact assessment of the Bill, no single comprehensive data source exists about the domestic ivory trade. Recent studies, including by TRAFFIC, the University of Portsmouth and Two Million Tusks have provided some useful evidence. However, each of these sources has its limitations with regard to generalising to wider regions or sectors.
Internationally, a key assumption is that other countries will be positively influenced by the UK lead and implement their own bans, which will reduce demand, prices, and therefore the poaching and killing of elephants. That is what we all want. However, while there have been many reports into various aspects of ivory and its trade—the UK has conducted some—I am not aware that there is a single comprehensive data source that would allow for the type of analysis that is being proposed.
Furthermore, I am conscious that such an undertaking may in effect duplicate some of the work being undertaken under the auspices of CITES, whereby reports on the illegal killing of elephants and the trade in ivory are presented every three years to each CITES conference of the parties. All countries implicated in the ivory trade, including the UK, appear in the cluster analysis of the ivory trade reports.
Those reports are “Monitoring of Illegal Trade in Ivory and Other Elephant Specimens” and the “Elephant Trade Information System”—ETIS. While the reports are the not perfect and have their critics, they are the best we have at this time.
I also believe that a report objectively analysing the effect of the illegal ivory trade on the UK would be best carried out by an organisation outside Government. That should probably be a conservation organisation experienced in analysing regulations on the illegal wildlife trade and in reporting its findings to the public and the Government.
Sue Hayman
I just make the point that, if we are serious about stopping poaching and having a real impact on the ivory trade with any legislation, it is important that we look at that global aspect, not just through the Department for Environment, Food and Rural Affairs but through the Department for International Development and maybe through the Foreign Office, in order to have a clear and holistic approach. It is easy for us to sit here and pat ourselves on the back and be smug about this marvellous piece of legislation, but if it does not actually stop the poaching and does not do what we say it will, we do not have any right to feel smug or pleased with ourselves.
David Rutley
I understand the hon. Lady’s point. It was clear on Second Reading and in Committee that we have to appreciate the wider sense of what is going on and the wider global implications. We also have to recognise that the Bill is one piece of the co-ordinated approach that we are taking to tackling this problem.
Sue Hayman
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 3
Assessment of enforcement resources
“(1) Within 12 months of section 12 of this Act coming into force, the Secretary of State must make an assessment on the resources available to enforce the prohibition.
(2) The report shall consider in particular—
(a) the resources allocated or planned to be allocated towards enforcing the prohibition,
(b) the potential impact of any change in resources so allocated or planned to be allocated, and
(c) the impact on other law or border enforcement activities of the resources so allocated or planned to be allocated.
(3) The Secretary of State shall lay a report of the assessment under this section before each House of Parliament as soon as practicable after its completion.”.—(Sue Hayman.)
This new clause requires an assessment to be made and laid before Parliament regarding the level of resources allocated or proposed to be allocated to enforcing the prohibition against ivory dealing.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Sue Hayman
I beg to move, That the clause be read a Second time. The new clause is about internet services, about which we had quite a lot of discussion during the evidence sessions and on Second Reading. The new clause provides for the power to require service providers to block access to material that facilitates a breach of the prohibition. I will not run through all the detail—we have all had it in front of us—but under the new clause, internet service providers may be requested by the Secretary of State to block access to any online deal that facilitates a breach of the prohibition, and the Secretary of State may obtain court orders to ensure that the internet service providers comply with such a request.
The matter has been discussed in quite a lot of detail. I am aware that the Minister has said previously that he feels the Bill is robust when it comes to internet services, but I respectfully say that not every hon. Member and every person giving evidence has agreed with that. That is why we decided to table the new clause: to try to toughen up the rules on internet sales and the Secretary of State’s ability to step in if they felt the internet service providers were not behaving as they should.
During discussions, we had a look at a number of items being sold on eBay. On Second Reading, the hon. Member for Richmond Park (Zac Goldsmith) talked about a recent International Fund for Animal Welfare report on wildlife cyber-crime and said that eBay had removed 25,000 ivory listings from its site in just one year. It is a huge number and it is a good start, but from what we have been made aware of during the evidence sessions, it is clearly only scratching the surface of the problem.
In response to one of my questions during the evidence session, Chief Inspector Hubble said:
“We would certainly welcome better self-policing and self-regulating by online auction houses with some responsibility on them for the items that they are making money from the sale of.”—[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 43, Q92.]
By putting this responsibility on them through the new clause, they will know that if they do not take the ban seriously, action will be taken to shut them down.
We know, from having dealt in the House with issues around other internet providers and online digital companies, that they are not always the easiest to work with when it comes to looking at different legal aspects. It is important that they take responsibility for what they are selling. It is often a problem that they like to push what they are selling and what is said on their sites to one side. It is important to think about how they can be properly held to account.
During the evidence session, my hon. Friend the Member for Blaydon asked a question of Alexander Rhodes and he replied,
“if it were possible the Bill should say that ivory may not be bought and sold over the internet because that would make it so much simpler for the enforcement guys.”—[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 27, Q49.]
We know that that is not a practical solution either, so it is about how we can introduce proper enforcement.
Chief Inspector Hubble again said something that was worth considering:
“I would love to have a dedicated cyber-team looking at this day in, day out, with real training and a focused effort. Lots of people in the NGOs we work with are doing work around cyber-related crime. We are in the process of setting up a cyber-working group”—
that is with the NWCU—
“to try to pull some of that effort and interaction together”.—[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 36, Q63.]
That will be a significant resource.
We have talked about resources previously and I do not particularly want to do that now, but it is important that the size of the problem when it comes to cyber-crime and managing the internet is properly recognised and that sufficient safeguards are put in place. We need to ensure that we pursue every single avenue we can to stop the trade in ivory. Tackling internet ivory trading will be the best way to stop this. We know that, right across the country, no matter what is being sold, more and more people are selling online, so we know that that trade is likely to increase. From what we have seen on eBay, it is also likely that that is where the illegal trade—items described as bone or as mammoth—will increase.
I am not convinced that the Bill provides for tackling the internet’s facilitating the global ivory trade sufficiently to make a real difference. That is is why we have tabled the new clause. I would like to hear the Minister’s views on that.
David Rutley
I thank the hon. Lady for tabling the new clause. Most people recognise that while the internet can be a helpful tool, it can also be used to facilitate and perpetuate criminal acts. In that context, I understand the intention of the new clause. Paragraph 5(1)(a) of schedule 1 allows the Secretary of State to serve a stop notice on a body such as an internet service provider to stop it displaying material that facilitates a breach of the prohibition. It is an important point. It is possible to serve a stop notice, and that in essence mirrors what the new clause seeks to achieve. The schedule could apply to an online sales forum such as eBay or an internet service provider, although in practice the latter, whether it be British Telecom or another internet service provider, would be a higher bar for the enforcement body. The better focus of attention through such stop notices would be the online sales forum itself.
Moreover, the Bill confers broad powers on the regulatory body, whose role should not be forgotten: the Office for Product Safety and Standards addresses online breaches of the ban. Clause 21, for example, allows a regulator to require the production of documents where the officer thinks they are relevant to an offence. This may mean documents or other materials from online companies and sales forums that provide evidence that an online company has facilitated a breach of the ban.
In addition, the NWCU is an intelligence unit that plays an important role in supporting police forces, as we have already highlighted. They have observed an increase in the use of the internet to enable and facilitate many types of wildlife crime. They have identified cyber-crime as a thematic threat area on which they are going to focus. Working with the OPSS will help with this task.
It is also worth considering this amendment with respect to the broader picture around the governance of the internet. The hon. Lady will know that this is a big, important question that is currently being addressed by the UK and Governments around the world. The way in which Government and society approach internet governance is a major strategic challenge, and it will not be tackled by this Bill alone. In January 2018, the Secretary of State for Digital, Culture, Media and Sport launched the digital charter. It is to be a rolling programme of work to agree norms and rules for the online world and put them into practice, and it should give confidence. In some cases it will involve shifting behavioural expectations. We will need to agree new standards, or we may need to update our laws and regulations. Our starting point is that we will have the same rights and expect the same behaviour online as we do offline. That is important. With that explanation, I ask the hon. Lady to consider withdrawing the motion.
Sue Hayman
I thank the Minister for that explanation. Schedule 1 states that a stop notice may be served on “a person”. It does not mention service providers or organisations; it specifically refers to “a person”, and the explanatory notes do not mention organisations, the internet—or online at all. I am not convinced that it covers what we are trying to achieve with the new clause.
David Rutley
It is my turn to scurry around. I cannot readily find the definition of “person”. All I can say is that we are very committed—[Interruption.] Inspiration has arrived. The definition of “person” is wide enough to capture businesses, and therefore ISPs. We can see that from clause 34. The definition of “person” is broad enough to satisfy that requirement.
Sue Hayman
Again, I thank the Minister for that explanation. It would help if it were properly laid out in the Bill that internet service providers are included, so that we have absolute clarity when the Bill becomes law and that people realise that that is not the best way of going about trying to sideline what the Bill seeks to achieve.
David Rutley
Excellent points have been made. We will certainly clarify that and put it into English—not just legal English—to help everyone understand what has been said. We can do that in guidance notes and by clarifying the scope of the Bill for people who are not so familiar with it. There is a real commitment to address this issue. I hope I have been able to reassure the hon. Lady that there are provisions in the Bill itself, but that we will explain that better. I hope that satisfies her.
Sue Hayman
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Question proposed, That the Chair do report the Bill to the House.
The Chair
I thank the Committee Clerk, who has kept us all—especially me—on the straight and narrow, which is not easy. I also thank the attendants, who did such a great job of trying to cool us all down; the officials, who behaved themselves; the Hansard reporters, who are the unsung heroes of our democracy, and the broadcasting unit. Finally, may I say to all of you that you have been a lovely Committee?
Question put and agreed to.
Bill accordingly to be reported, without amendment.
Ivory Bill
Wednesday 4th July 2018
(5 years, 9 months ago)
Commons ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 4 July 2018 - (4 Jul 2018)
16:53 - The House divided: - Ayes: 256 / Noes: 305 - Question accordingly negatived.
17:12 - The House divided: - Ayes: 262 / Noes: 306 - Question accordingly negatived.
Sue Hayman (Workington) (Lab)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Eleanor Laing)
With this it will be convenient to discuss the following:
New clause 2—Report on the international ivory market—
“(1) Within 12 months of section 1 of this Act coming into force, the Secretary of State must publish and lay before each House of Parliament a report on the international ivory market.
(2) The report must as far as practicable analyse the impact of this Act on the demand for ivory in the United Kingdom and in other countries.
(3) The report must consider—
(a) the impact on nations or communities that generate income from ivory of—
(i) the provisions of this Act, and
(ii) international agreements related to the ivory trade,
(b) the work of the Department for International Development in—
(i) reducing the global demand for ivory, and
(ii) mitigating any negative impact of the provisions of this Act on nations or communities that generate an income from ivory.”
This new clause would require a report to be laid before each House of Parliament on the international ivory market, including how the Department for International Development is working to reduce global demand for ivory.
Government amendments 1 to 4.
Sue Hayman
I rise to speak to new clauses 1 and 2 in my name and in those of my right hon. and hon. Friends. Labour’s new clause 1 seeks to expand the definition of ivory to cover the species included in the convention on international trade in endangered species. Members from both sides of the House have voiced their support for the principle of extending the Bill beyond elephants. This is, after all, the Ivory Bill, not merely the elephant ivory Bill. It is not every day that an Ivory Bill comes around, so who knows when this House will have a similar opportunity to take action? Today provides a unique opportunity to enshrine protections for all ivory-bearing species, particularly those listed under CITES, which are some of those most at risk.
This broadening of the definition of ivory is not just because many CITES species are at risk of becoming endangered, but to stop the focus on banning just elephant ivory and so pushing poachers towards other forms of ivory, including hippo, narwhal, killer whale, sperm whale and walrus ivory. As the Born Free Foundation has stated:
“It would be a tragedy if we worked really hard to save elephants and other species were collateral damage in the process… We recognise that the trade is entrepreneurial and will move to wherever there is an opportunity.”
Both the International Fund for Animal Welfare and the Born Free Foundation stated in their evidence to Members that an extension of the definition of ivory would be welcome, provided that it did not delay the passage of the Bill. During the evidence session, Will Travers of the Born Free Foundation said:
“From 2007 to 2016—just under a decade—78,000 hippos and hippo products were exported by CITES parties. Hong Kong imported 60 tonnes of hippo ivory between 2004 and 2014… Those are not insignificant by any measure—they are enormously significant.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 5, Q2.]
As I have said on the record, the Opposition are keen for this legislation not to be unnecessarily delayed, but we must also ensure that it is the best it can possibly be. There appears to have been a rush to push it through at any cost before the international wildlife conference in October, despite the advice I have been given that this is not achievable: it will not get through all the legislative stages in time for the conference. Will the Minister clarify whether the target has been to get it in place before the conference? Will he explain to the House why the Government have sought to oppose sensible and necessary amendments to the Bill on the basis of not wishing to delay it?
Sir Hugo Swire (East Devon) (Con)
In the spirit of consensus, will the hon. Lady also take this opportunity to congratulate this Government on being the first to legislate in this area?
Sue Hayman
As the right hon. Gentleman will hear, I shall be doing just that later in my speech. That is a very important point, and we do support the Bill.
Will the Minister look again at the arguments the Government made against Labour’s attempts to broaden the scope of the Bill in Committee? One of the arguments was that such an amendment could be challenged under the European convention on human rights. As I said in response in Committee, this is clutching at straws, and it is directly in opposition to the legal advice that I have sought, so I want to put this argument to rest once and for all.
According to the legal advice I have taken, primary legislation can be challenged only on human rights and EU law grounds. I have been informed that in the case of human rights, the argument would have to rest on article 1 of protocol 1 on the peaceful enjoyment of property, which is also subject to a public interest caveat. On that basis, we can justify the inclusion of other creatures—such as on the grounds of endangerment —in the same way as elephants. This is the legal information and advice that I have received, and I wish to put it formally on the record.
In fact, it is arguable that the omission of other species makes the Government more susceptible to legal challenge, not less, as the Government have already recognised the need to protect other ivory-bearing species, but have chosen not to do that through this legislation. If Ministers are going to continue to push this argument, may I ask that a copy of the legal advice they have received is made available to Members in the House of Commons Library?
Despite the fact that the Opposition feel that these other ivory-bearing species could legally be incorporated in the Bill, if needed, we have, in the spirit in which this entire legislative process has been conducted, listened to the concerns set out by the Minister in Committee, and we have revised our original amendment into new clause 1, to address the concerns that the Government raised in Committee. New clause 1 would simply mandate the Government to introduce secondary legislation on other CITES ivory-bearing species within a 12-month timeframe. Given that the Government have said that they understand the merit of widening the scope of the measure to include other species, it should not be a problem for them to commit to doing so in the Bill. New clause 1 would allow a consultation if necessary, while at the same time ensuring that secondary legislation is introduced and that the issue cannot slip off the agenda indefinitely.
Sir Hugo Swire
New clause 2 has some merit, but it seems that it simply requires the Secretary of State to report within 12 months. It says nothing about an annual report on what the Government are doing to help to combat the trade and what targets have been achieved. Why have the Opposition alighted on a single one-off report?
Sue Hayman
The new clause was tabled after we looked at what has happened since China banned ivory in January. Everyone was very excited about that, and believed that it would have a swift impact on ivory poaching. The evidence before us shows that more than six months on, it has not had very much impact. Rather than sitting here being very pleased with ourselves for introducing an ivory Bill, which I am sure we will do, we need to make sure that what we produce is effective in the communities where ivory is being poached. The idea of having a report in 12 months was to see whether what we are doing is having more effect than the Chinese ban. If not, the Government would have an opportunity to review the legislation.
Sir Hugo Swire
Indeed, the logic of what the hon. Lady says is that these things take time to have an impact. A one-off report in 12 months might not truly reflect the changes that the Government’s legislation will have in, say, two to three years. An annualised report is something worth looking at.
Sue Hayman
If the right hon. Gentleman would like an annualised report and would like to discuss with the other place how that can be pursued after he has supported our proposal, I am sure that that is something that can be considered.
Zac Goldsmith (Richmond Park) (Con)
Of course there is merit in studying whether or not these measures work, but new clause 2 asks a very narrow question. Ivory is just one of many illegally traded products. There are all kinds of forestry products, as well as pangolins—1 million a year are traded. Rhino horns are traded to the detriment of that species. The ban is just one of many hundreds of initiatives that tackle the illegal wildlife trade. Why focus on one of hundreds of products, and one strand among hundreds of strands of work that we need to tackle the illegal wildlife trade? It seems reductionist, and probably not the best use of money or time.
Sue Hayman
In the same spirit, surely the hon. Gentleman would support new clause 1, which expands the scope of species that are covered. We could say that the Government have a narrow focus in looking only at elephants.
Zac Goldsmith
I look forward to hearing the Minister speak and to a commitment that the ban will extend to other species. My concern about new clause 1 is twofold. First, I am not a lawyer, but I share worries, based on what I have heard, that we might unsettle the Bill by making it susceptible to judicial challenge. Secondly, the new clause looks only at CITES species that bear ivory, but there are other species that bear ivory. The warthog would be decimated if it became the legal option for people who wanted ivory, and the mammoth is a concern. Yes, I know that the mammoth is extinct, but it has become an enormous source of laundered ivory. There is a legitimate mammoth trade, as the hon. Lady knows, and it is used as an excuse or opportunity for smugglers to trade elephant ivory under that cover. That is a clumsy way of putting it, but it is a loophole that has been exploited mercilessly. I hope that my hon. Friend the Minister, when he makes the commitments that I am looking forward to, will make a commitment to extend the ban, subject to consultation, to all forms of ivory.
Sue Hayman
It is a shame that the hon. Gentleman did not serve on the Bill Committee, because he could have supported our amendment 12, which proposed much of what he has just said.
Looking at how we tackle the illegal trade effectively, hon. Members will agree that we need international co-operation, as I have said. In debate and in Committee, hon. Members have said that we need to look at how we work effectively with the Department for International Development in the communities where poaching takes place. Poverty and corruption drive the trade. We have seen in recent days a terrible example of that with the poaching of Bella, a 20-year-old white rhino with a young calf. Bella was dehorned in an effort to make her less of a target a week before she was shot dead by poachers at Kragga Kamma game park in the Eastern Cape. However, hunters sliced her face to extract the small amount of horn that remained. The grisly discovery of the mutilated carcase of a dehorned rhino, killed for less than one centimetre of horn stump, lying next to her calf underscores the depths of South Africa’s poaching problem. It also underscores the fact that poachers kill for very little ivory, which is why it is important to extend the scope of the Bill.
Will Travers, director of the Born Free Foundation, told the Bill Committee:
“In my view, there is a common linkage with our clear objectives in overseas development, which are to deal with poverty and to provide opportunity...If we are not investing in the protected areas where elephants and other species live, we are not doing a great service either to the species we wish to protect or to the people who live literally downstream from those protected areas.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 9, Q12.]
International leadership and commitment are needed from DEFRA. I sincerely hope that the Minister will agree to support new clause 2, which would make meaningful the commitment to international action on the illegal ivory trade.
Government amendments 3 and 4 bear an uncanny resemblance to amendment 12, which Labour tabled in Committee, as I mentioned. Labour does not seek to oppose the Government amendments, as it is proper and right that the Secretary of State should have the discretion to include additional species, whether they are CITES-listed or not, at a later date depending on the evidence at the time.
I would like to make clear the difference between Government amendments 3 and 4 and Labour’s new clause 1. They are entirely different and in no way contradict one another. Government amendments 3 and 4 seek to provide powers for the Secretary of State to add CITES and non-CITES listed species to the definition in future if the Secretary of State so wishes. The amendment does not compel or require the Government to do so and it does not specify a timeframe. It is therefore important that both Government amendments 3 and 4, as well as new clause 1, are adopted today to protect the most at risk CITES species as a priority within the next 12 months, as well as providing the Secretary of State with the discretionary powers to include species at an future time if necessary.
This House is united in its determination to clamp down on the ivory trade. Labour’s 2017 election manifesto made a clear commitment to a full ban on ivory sales, and I welcome the Bill today. It is an important step forward in protecting elephants and starting to tackle this appalling trade. The Committee stage was conducted in a spirit of working hard and being constructive together. I recommend both Labour’s new clauses and the Government amendments to the House. We need to close any loopholes in the Bill that might further endanger the walrus, narwhal, sperm whale, killer whale and hippo. I have tried hard to work constructively with the Minister. I ask that he take our concerns and our new clauses very seriously. I urge the whole House to support Labour’s new clauses 1 and 2 today.
Simon Hoare (North Dorset) (Con)
It was a pleasure to serve with the hon. Member for Workington (Sue Hayman) and her colleagues and with my right hon. and hon. Friends on the important Bill Committee. It is great to see the Bill on Report. Since before the days of Hannibal, the elephant has been important, totemic and ritualistic in our psyche and in our history. We want to ensure that the elephant, and man’s relationship with that supremely powerful and totemic animal, has not just a present but a future.
From time to time, I toy with trying to win the lottery. If I did, one of the things I would do is take my children on safari in Africa to see, among other animals, elephants. My children are quite young, so I think to myself that I will do that in 10 or 12 years’ time when they are a bit older. I just hope that the elephants will still be there. That, of course, presupposes that I win the lottery. I fundamentally believe that the Bill will have an important role to play in helping to deter the trade, making it morally reprehensible to trade in ivory and to poach, and to act as a beacon of excellence for other countries to follow.
I do not particularly like to be tied into other agendas and the timetable of other agendas, but I have been entirely persuaded, in Committee and on Second Reading, by the comments and assurances given by my hon. Friend the Minister from the Dispatch Box about the importance of getting the Bill through cleanly and swiftly to ensure it hits the statute book at an appropriate time and in a form whereby it can be cited at the important conference in the autumn.
Graham P. Jones (Hyndburn) (Lab)
The hon. Gentleman has invested a lot of thought into the decommoditisation of ivory, as though that would be the silver bullet. Does he think that it is the silver bullet or that other action is needed to combat ivory poaching?
Simon Hoare
The hon. Gentleman is absolutely right. It would be a terrible fallacy if we as legislators fell into the trap of thinking that something will stop all because we make it illegal. The Bill sends a very clear signal and closes down an important market in the ivory trade. However, if the hon. Gentleman is pointing to the work that our troops can do through the Ministry of Defence, or the work that Department for International Development and other organs of the state can do to better educate, to help economies in the developing world to grow, to realise and maximise the value of safari-type tourism, and to help to train people and give them the skills to go out with confidence to combat those who seek to kill elephants and other species merely for their ivory, he is absolutely right and I agree with him entirely. The Bill of itself will not achieve our aim, but I am absolutely convinced that it will play an incredibly important part when viewed as part of the wider and more colourful mosaic of tools that we have at our disposal.
Mark Tami (Alyn and Deeside) (Lab)
Does the hon. Gentleman agree that we have to address the demand particularly in countries that on the surface adhere to the rules but allow trading below that to carry on and in some cases encourage it?
Simon Hoare
The hon. Gentleman makes a strong point and he is absolutely right. From that position, notwithstanding the cited but not referenced legal advice that the shadow spokesman, the hon. Member for Workington, mentioned, I would argue that precisely because of the need to send a clear message to other countries who are either subject to or perceived to benefit from the ivory trade, the most important thing that we can do is have the legislation in a really advanced state to take to this important conference in the autumn as an example of best practice and what can be done in the legislative process.
New clause 2 is on the report of the international ivory market. This slightly segues into the point made by the hon. Member for—I am going to say Alyn and Deeside—
Simon Hoare
Well, there we are—my knowledge of north Wales Labour MPs is getting even better. This segues into the hon. Gentleman’s point. I would much prefer to see pressurised resources in DEFRA, the MOD and DFID, concentrated on deploying as much as we possibly can to arrest and frustrate the ivory trade and poaching, rather than the bureaucratic complexities that, in essence, underpin new clause 2 about having the report on the international ivory market. Apart from having a report to keep open a door or prop open a broken window, I am not entirely sure what the report of itself would do and what sits at the heart of the new clause.
Of course, I support the amendments proposed by my right hon. Friend the Secretary of State.
Simon Hoare
With trepidation but a certain degree of honour, I give way to my hon. Friend the Minister.
David Rutley
As always, my hon. Friend is very assiduous. I wonder whether he noticed today that we have announced that we intend to consult on extending the ban to include other ivory species, and we will seek to start the consultation process and gather evidence as soon as practicable or on Royal Assent. Does he not believe that that shows our clear commitment to taking action in this very important area?
Simon Hoare
My hon. Friend has pointed to my effective oratorical default, which is that I never, ever write a speech. I scribble notes on bits of paper and then get terribly confused—sometimes it is a shame and sometimes it is a blessing. In concluding my remarks on new clause 1, I was going to say—again, this militates against the need for it—precisely the point that my hon. Friend made from the Dispatch Box. He and our right hon. Friend the Secretary of State have made incredibly clear their enthusiasm and appetite for expeditiously moving forward to include species such as the narwhal and others, which we are keen to see included.
My hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) and I have an affection for the narwhal, which might even be described as an obsession. I think it is probably best to keep that to ourselves—we do not need to go into the whys and wherefores. However, not only have Ministers and the Secretary of State indicated the appetite to make full use of clause 35(4), but were there ever to be a change of Government—pray God that this is at such an interval that my hon. Friend and I will probably have hung up our boots—I rather get the impression that a Labour Government would also be as keen to exercise the scope of clause 35(4), so trying to put this in the Bill in a new clause is irrelevant.
In conclusion, I recognise the enthusiasm and determination that the DEFRA team have shown on this Bill. I also put on record my thanks for what I think is the unsung work of my right hon. Friend the Member for North Shropshire (Mr Paterson) and my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom)—the current Leader of the House, if I have got her constituency wrong—who did so much work when she was the Secretary of State for Environment, Food and Rural Affairs. I also thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), because only due to circumstances beyond her control was she not able to bring to the point of delivery that which she had been involved in from the moment of conception. She should take enormous pride in the Bill, because it is something that is important for the House to do. Although there was some disagreement about pace and tempo during the Bill Committee and on Second Reading, the unanimity of view does credit to this place. Too often, it is seen through the rather narrow microcosm of Prime Minister’s questions, but when this place gets it, when it understands the need to do something, there is, I suggest, no finer example of the practice of politics. It has been a privilege and a pleasure to play a part, albeit a very small one, in bringing the Bill to this stage.
Anna Turley (Redcar) (Lab/Co-op)
I congratulate everybody who has helped to get this important Bill to this point, including the many campaigners and organisations who have pushed for it over the years, and I thank the civil servants and the Clerks who have worked so hard and all those who gave their time to give evidence to the Bill Committee. It was a pleasure to be part of that Committee, and I echo the words of the hon. Member for North Dorset (Simon Hoare): it was Parliament at its best, working constructively and collaboratively across party lines to ensure that this groundbreaking Bill was as good as it could be.
The Bill matters deeply because the illegal wildlife trade has grown rapidly in recent years. It is now estimated to be the fourth-largest international illegal trade and worth over £15 billion per year. The illegal wildlife trade drives corruption, undermines the rule of law, threatens sustainability in developing countries and has been linked to other forms of organised crime, such as arms, drugs and human trafficking. The number of elephants in the wild has declined by almost a third in the last decade, and around 20,000 a year are still being slaughtered owing to the global demand for ivory—an average of around 55 a day.
Zac Goldsmith
I am taking a leap here, but I do not think that any Conservative will have disagreed with anything that the hon. Lady has said. It seems to me that the only real difference between the Opposition and the Government—and this is a question, not a statement—is a matter of process. The aspirations are almost identical. The Government’s commitment is to go further than new clause 1 by going beyond the CITES species, but on that there is no disagreement between the two parties. The only issue, really, is whether the Opposition are willing to trust the Government to honour the pledge that we have just heard from the Minister, but that is it. This is not about the issue; it is a matter of trust and process. Does the hon. Lady agree with that?
Anna Turley
Absolutely. I think the principle of trust is important, and I hope we would support the Government on that, but for me this is about timing. The issue is not whether it will happen, but the fact that it could be six months or a year before the Bill is passed. In the meantime, especially if the Bill proceeds successfully and is widely heralded, there will be a great deal of awareness about the crackdown on the ivory trade in this country. What concerns me is the knock-on effect in the next six months to a year on the trade in hippo teeth, which could be a direct consequence of the Bill. I therefore do not want any delay caused by the wait for secondary legislation. In principle, however, the hon. Gentleman is absolutely right: we are going in the same direction.
Kerry McCarthy (Bristol East) (Lab)
I thank my hon. Friend for her references to my contribution in Committee. Let me also express my admiration for her elephant-patterned dress.
On the question whether another Bill will be introduced, is it not the case that the Department for Environment, Food and Rural Affairs, which does not normally handle an awful lot of legislation, has so much on its plate at the moment, what with the agriculture Bill, the fisheries Bill and so many other strategies—the need to consider agriculture subsidies, for instance—that the chances are that this will get pushed to the bottom of the pile if it is not dealt with soon?
Anna Turley
My hon. Friend has made an extremely important point, and one that is close to my heart. My private Member’s Bill to increase the punishment for animal cruelty was published in December, but we are still waiting for it to come before this place. There is a huge backlog in legislation, and I think it is dangerous to wait.
Zac Goldsmith
I apologise for intervening again, but may I take up that last point? Subject to consultation—and it is inconceivable that those consulted would oppose the proposals; we have to assume that they would pass the test of public opinion—these changes could be introduced very quickly and easily by means of a statutory instrument. This does not require primary legislation; it would be a very simple procedure, and the measure would go through unopposed.
Anna Turley
I understand the hon. Gentleman’s point, but, conversely, I do not understand what his problem is with our new clause. We want to make the change here and now, and I have heard no sustained or reasonable explanation of why we need to delay.
Anna Turley
I will take one more intervention, but then I must make some progress.
Zac Goldsmith
I will not support the new clause because I think that the Government’s commitment goes further, and, fundamentally, I have no reason to disbelieve the promise that the Minister has just made. The Government will consult on extending the ban, and I have no doubt that the British people will respond to that consultation properly and positively. The statutory instrument will then be introduced. There is no reason for any Conservative Member to question what I think has been an impeccable track record on the part of DEFRA over the last year.
Anna Turley
The hon. Gentleman is right—the principle of the Government’s amendment, which broadens the CITES endangered species definition, is important and we support it—but I do not understand why he cannot support both. They are not mutually exclusive. We would really like to press on with this today, and there does not seem to be any reason for hesitation—other than work and effort, I am afraid.
Finally, let me say something about resources. In Committee, I was shocked by the lack of resources to back up the Bill. The Border Force CITES team at Heathrow has only 10 members of staff, although it is currently dealing with more than 1,000 seizures a year. The police National Wildlife Crime Unit has only 12 members of staff, despite dealing with all forms of wildlife crime from deer poaching to thefts of birds’ eggs, and no funding has been allocated to it beyond 2020. I think it reckless and irresponsible for the Secretary of State to introduce the Bill without having secured or committed resources to ensure that it can be properly enforced. There is a danger that this important Bill will be rendered hollow and unenforceable, and I hope that the Government are working to address that and give us some funding commitments.
Sir Hugo Swire
The hon. Lady has, of course, omitted the very serious commitment, in terms of personnel and funding, that we give through the British Army and anti-poacher training, in Africa and elsewhere. She must concede that.
Anna Turley
Absolutely, but that is a separate issue. I am talking about enforcement in this country. Thousands of cases a year pass through Heathrow, and the police must investigate every single item that is found in a suitcase. As we heard in Committee, there must be months and months of investigation of very complex cases of a cross-border and international nature, and that requires proper resources.
I hope that the Government have listened wholeheartedly to our recommendations, but I welcome the Bill. We have worked on it collaboratively and in strong partnership, and I think that there is little in it with which any Member can disagree. It is a landmark Bill, and I hope that it will have a significant impact on not only the elephant population, but many other species.
Mr Owen Paterson (North Shropshire) (Con)
I congratulate the Minister, the Secretary of State and the Opposition and everyone who worked so hard in Committee to get the Bill this far. We are all under time pressure, as the shadow Minister said; it is vital that this ban is in law by the time we have the conference, so that we can regain the leadership we had on this huge international issue.
I listened carefully to the shadow Minister’s speech, and I am in complete agreement with the intention. In fact, I mentioned the advice we got from the Born Free Foundation when I spoke on Second Reading, pointing out, importantly, the reduction in numbers. The hon. Lady cited the numbers; I have seen the figure of a reduction in hippo numbers of 25%, and she is absolutely right about what would happen if we only limit one type of ivory. Hippos spend a very happy life stationary; they are sitting targets in large pools of water. They have a very nice lazy time, but they would suffer terribly. That is just one species that would be hit, as I have mentioned.
My hon. Friend the Member for Richmond Park (Zac Goldsmith) has been vocal in his interventions so far and I congratulate him on all the work he has done in recent years. On the same day as Second Reading, we wrote a joint letter to the Secretary of State, with a number of other Members, pointing out that the definition of ivory in the Bill as it stands is simply too narrow. Clause 35(1) says that
“‘ivory’ means ivory from the tusk or tooth of an elephant.”
We pointed out in our letter that we were worried about other species such as hippopotamus, narwhal, killer whale, sperm whale and walrus as well as extinct species such as mammoth, which are being literally mined in Siberia by unscrupulous dealers. We also recommended, in very much the same sentiments as the hon. Lady has expressed, that we should name these ivory species, and possibly list them on—this was my phrase—the face of the Bill. So we wrote to the Secretary of State, and I am delighted that DEFRA has looked at this. I think that is what the hon. Lady is trying to achieve with her new clause 1.
I am not particularly fussed which of the mechanisms is used, either my idea of this being on the face of the Bill—for which we have not actually tabled an amendment—or the hon. Lady’s new clause 1, the downside of which is that it states:
“Within 12 months of the coming into force…the Secretary of State must lay a draft of an instrument”.
What we heard from the Minister just now is interesting, and I think we will hear from him again shortly. Apparently, it is on the DEFRA website that what is now being proposed is that the consultation could begin immediately we get Royal Assent—it could even be on the same day. What I like about the new Government amendment 3 is that it goes much wider: we are not limited to CITES or a shortlist of species, which is what I was going to propose. Amendment 3 is better, as it is a much wider definition, and, as I understand it, it could go through faster. I have told this House on many occasions over the last 21 years that I am not a lawyer, but, as I understand it, without a formal consultation, this legislation could be prey to a legal challenge, whereas a statutory instrument, properly constituted, and after consultation and going through the human rights requirements, could probably be got through in about 12 weeks if it was pushed through. Therefore, it seems to me that we are all trying to achieve exactly the same aim, which is to seek to protect a number of other species that are not mentioned at the moment. Clause 35(1) is very narrowly drawn and is purely about elephants, and living elephants.
I am impressed by the arguments, therefore, and I hope we are going to hear from the Minister on this. He has had a go at me informally, and I appreciate his ringing me at home about this last weekend. I hope we will hear from him that the DEFRA lawyers have gone through this in some detail and that under his arrangement we will scotch any chance of a legal challenge as it will go through the human rights requirements and the consultation will be absolutely clean. What is good and clever about it is that it is so wide that it encompasses the dead animal, the mammoth, which is a big advantage. So I will be strongly supporting the Government on this. As I said, I am in total agreement with the Opposition’s intentions. I think that what I and my hon. Friend the Member for Richmond Park wrote is probably the least good proposal, and happily it has not been put down as an amendment.
Kerry McCarthy
The right hon. Gentleman mentioned a whole list of animals that might be included, and we also had a full discussion about this in Committee. It was only when the Royal Society for the Protection of Birds spoke to me this week that I realised that one species that had not been mentioned was the helmeted hornbill. I had no idea that there was a market in red ivory from the hornbill. Has that species come up in any of his considerations, and does he think that it should be put forward for protection as well? It is protected under CITES.
Mr Paterson
I am being told via a sedentary intervention that that is not ivory. This is an interesting issue, but surely the good point about Government amendment 3 is that it is very widely drafted, so that a lot of species and a lot of animals could be included. I think that that is a good thing. What the Opposition new clause is proposing, and what we were originally proposing in our letter, is actually narrower and less effective.
I shall sit down now, because it will be much more interesting for the House to hear what the Minister has to say, but this information is on the DEFRA website, and if we could get a statutory instrument out and get started on consulting on the day of Royal Assent, that would be the most rapid method. I think we all agree that we want to give the widest possible protection to the widest number of species, and that seems to be the right route to take.
Zac Goldsmith
I want to thank and pay tribute to my right hon. Friend for having taken this issue from somewhere near the bottom of the agenda four years ago and catapulting it to the top at the first illegal wildlife trade conference in 2014. That was really seismic, and it moved the dial on this issue unlike anything that had gone before. Does he agree that the 2018 conference in October will be an opportunity to go further still, not just by demonstrating our own commitment but by getting other key countries—particularly Asian countries such as Laos, Cambodia, Vietnam, as well as members of the European Union—to make the same commitment that we are making here in this House today? This needs to be a global challenge, not simply a British one.
Mr Paterson
I thank my hon. Friend for his kind comments. It would be invidious of me not to mention my two other Cabinet colleagues at the time. One is now the right hon. Lord Hague of Richmond, and when I came back from Lewa in Kenya, he was as sharp as a tack and immediately got the point of the problem. DEFRA and the Foreign Office worked extremely closely to put the conference together. I also want to give credit to my right hon. Friend the Member for Putney (Justine Greening), who was really helpful from the DFID point of view. She saw the necessity for long-term sustainable economic activity in these areas, where there is a real danger of the value of wildlife not being appreciated. The advantage that I saw in Lewa, which I touched on at Second Reading, is that having rangers and properly protected wildlife creates a virtuous circle by bringing stability to the cattle industry, where the locals have been poaching each other’s cattle for centuries.
My hon. Friend the Member for Richmond Park mentioned the conference, and he was right to say that it is vital to get the Bill through in time for that. I went to the FCO a couple of days ago, and I was delighted to see the preparations for the conference. More than 70 countries have been asked so far, which is marvellous. I think we had 42 countries at the previous one. It is really important to get across how much co-operation there is between all sorts of countries that we could not possibly expect to be co-operating so closely. When I was in Moscow, the Minister there stressed how well the programmes with the Chinese Government were going on protecting the snow leopards in the Amur mountains. We got co-operation across the board at the conference, which was a unique event, and I very much hope that this autumn’s conference here will have a similar boost and a similar impact. However, we can only go to it and look people in the eye if we have got this legislation through.
Sir Hugo Swire
I hope that I am not stating the obvious, but I just wondered whether my right hon. Friend agrees that a good place to start this best practice would be within the Commonwealth.
Mr Paterson
Absolutely. Commonwealth members made several helpful contributions at the conference, and they will be invited again. The Commonwealth is a good vehicle for this, because this is about stopping both supply and demand, mainly in Asian countries, and some of our Commonwealth colleagues could be helpful at both ends of the trade.
I really want to hear from the Minister, but, based on what he has told me informally and from what I have seen on the DEFRA website, I will be supporting amendment 3, because it will deliver the fastest route to our aim. I think it would also be sensible for the Opposition, having listened to the debate and been convinced by the arguments, to withdraw their amendments so that we can get on to Third Reading.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
It is a privilege to speak once again on the Bill, which the Scottish National party welcomes. We also welcome Government amendments 1 and 2 to clause 6, and Government amendments 3 and 4 to clause 35.
We are working towards implementing stringent measures to protect and conserve populations of elephants and other endangered species for future generations. The survival of the species is the most important thing and must be realised, so the Bill must be as strong as possible. I thank members of the Bill Committee who worked together so consensually towards the same aim: protecting ivory-bearing species and populations of elephants. We have the same aims and aspirations; this debate has just been about how we reach the final outcome that we all desire. The general public are absolutely behind the Bill, and we must take our lead from their good common decency and sense. The consultation received 70,000 responses, so we must act decisively in their name.
The SNP also supports new clause 1, which would require the Secretary of State to introduce a statutory instrument within 12 months of the Bill becoming law to extend its scope to include hippos, killer whales, narwhals, sperm whales and walruses. Such action is integral to affirming the UK’s commitment to stopping the trade of all inhumanely obtained ivory.
We heard compelling evidence in Committee about the unscrupulous nature of ivory poachers. They will stop at nothing, leaving no ivory-bearing species safe. They trade in death. They undermine poor and vulnerable communities in developing parts of the world, moving from species to species to make their money. Protecting elephants is critical, but the SNP believes that the Bill does not go far enough due to the possible impact on other species and further knock-on effects. Those other species also require protection from the actions of unscrupulous individuals.
Reports indicate that hippo teeth, which are also ivory, are being auctioned in Tanzania and that demand for ivory also poses a threat to Malawi’s hippos. Hippo teeth represent a cheaper and easier option. According to the International Union for Conservation of Nature, demand for them increased after the 1989 ban on the international trade of elephant ivory. I recently read that a killer whale that was beached in Vancouver—near where some of my family live—had its teeth removed by unscrupulous ivory thieves. It was an 18-year-old killer whale called J32 that had been nicknamed “Rhapsody”. Such people will go to any lengths.
Turning to narwhals—the sea unicorns—Queen Elizabeth I spent £10,000 on a narwhal tusk, which is the equivalent of around £1.5 million today. The average price today is between £3,000 and £12,000, and narwhals are considered to be near-threatened. It is important that we support new clause 1 to ensure that poachers do not move from species to species.
The SNP also supports new clause 2, which would require the Secretary of State to lay a report before each House within 12 months of the Bill becoming law, detailing the state of international ivory markets and the steps taken by the Department for International Development to reduce demand for ivory. That is extremely important, because we are in a race against time. We will need to know that the Bill is having the desired impact—and quickly—so that we can amend or adjust the processes in place to save the species we desire to save.
The race against time means we must work, via DFID, with the communities that are most affected. We must determine, through a whole-Government approach, to tackle this trade and to ensure that we do our utmost to protect populations. Jobs and livelihoods are integral to populations affected by poaching. There must be alternatives to poaching, because we heard in Committee that people living in poverty in such areas tend to be caught up in poaching activity just to feed their families. If they have no alternative, there will be little for them to do other than to try to continue poaching unabated.
Through DFID, we must look to ensure that we leave no one behind, and that we protect jobs and livelihoods as alternatives for these communities. We must also work with rangers and conservation agents, who have a direct impact on tourism, to ensure that there are opportunities for growth and development in the countries affected.
SNP Members want the strongest Bill possible. We want to work consensually with Members on both sides of the House. We want to ensure there is a whole-Government approach and, most of all, we want to ensure that we proceed in a timely manner. The utmost goal of this legislation is not a conference at the end, but the survival of a species.
It is important that we come together to ensure that this happens for our children and grandchildren. My children visited the elephants two years ago. They still speak today about their experience of seeing baby elephants wandering. We want to ensure that that can continue and that this magnificent species continues to wander across our savannahs.
The 2015 SNP manifesto included a commitment to support further animal welfare measures with a global focus, including action to end the illegal ivory trade, so I commend new clauses 1 and 2 and the Government amendments to the House, to achieve the most stringent legislation possible.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Just for guidance, may I say that if colleagues can stick to about seven minutes each, we will get everyone in? The Minister has yet to speak.
Mr Ranil Jayawardena (North East Hampshire) (Con)
I am pleased that the Bill has made progress in Committee, building on the Government’s proactive work. As I have said before, I am pleased not only because of my interest in this area—that was why I founded the all-party group on endangered species with Members on both sides of the House—but because, like Opposition Members, many Conservative Members were elected on a manifesto promise to tackle the international wildlife trade and to press for a total ban on ivory sales. That was in the first manifesto I stood on. It is a manifesto promise I intend to keep, and I wish to highlight the last point in that specific wording. While the Minister is to be commended for bringing forward this much-needed Bill, in an unrelentingly positive manner, to protect these strong, smart, gentle endangered animals from murder—that is what it is: some 20,000 elephants are murdered each year for their ivory—we must protect many, many more species.
Graham P. Jones
I want to speak to new clause 2, although on new clause 1, and given the speech we just heard from the hon. Member for North East Hampshire (Mr Jayawardena), I must say that I entirely agree that we should broaden the species to which the Bill applies, because it is about saving our wildlife, planet and ecosystem. None of those things operates in isolation. Our ecosystem is holistic and we must protect it as one. I would therefore hope that any changes made by new clause 1 would make the provisions as broad as possible.
I am delighted that the Leader of the Opposition and our shadow Front-Bench spokesperson have tabled new clause 2. I know that it has been brought forward with the notion of trying to gain cross-party support, however, because I do not think it goes far enough at all.
A year ago, when I had the fortune to meet Angolan MPs, I raised this issue with them. It is a case in point that while legislation to ban ivory was passed in 2016, those MPs had no idea that they had passed the legislation. When legislators do not know that they have passed legislation, we know we are starting off with a bit of a problem.
In 2018, poaching in Angola is as virulent as it was prior to the legislation. The rate of poaching has simply continued. Action has been taken and poachers have been prosecuted in cases involving considerable amounts of ivory, but by the time they are caught, the elephant is unfortunately dead. The elephant population is, of course, declining. Figures from National Geographic suggest that before the civil war, in around 1975, there were 200,000 elephants in Angola, but there may be just 2,000 left. According to more accurate figures from the general elephant census, which was conducted in partnership with Elephants Without Borders, there were some 70,000 elephants in southern Angola before the war but there are now around 3,400. That is a colossal cull of this wonderful animal over 40 years. I stress that the issue affects many animals, but in the short time I have, I wish to concentrate on elephants.
According to Elephants Without Borders, in 2015, for every 10 live elephants that the census recorded, it found four carcases. That is incredible. Fifty-five elephants are being killed every day and the population is down by 111,000 in the past decade. The way in which they are killed paints a picture of what this cruel industry is about, how it operates and how poachers act with impunity. They use AK47s, and it requires many AK47 rounds to bring an animal down. We have all seen the horrific pictures of elephants that have not been killed, but are alive and suffering while their horns are hacked off. It is truly appalling.
The great elephant census did not just cover Angola. Between 2009 and 2016—just seven years—Tanzania has seen an elephant population decline of 60%, almost all of which is due to poaching. In the same seven-year period, Mozambique has seen a 48% fall in its elephant population. The National Academy of Sciences has said that 100,000 elephants were killed between 2010 and 2012. These statistics paint a picture of incredible carnage and an incredible reduction in elephant numbers. I, for one, am sad. We must take firmer action.
Elephants Without Borders has suggested that not only legislation is required. We must take protective action. The two must go hand in hand, but the legislation must be tough, and new clause 2 does not go far enough. We must do more. I welcome the fact that DFID staff are out in Kenya, providing some support for the protection of elephants. Perhaps that is the beginning of a future in which we protect the animals on this planet, along with the biology of the environment that we need to sustain the planet from which we draw life.
We need legislation, but we also need active protection. Legislating in this place simply does not go far enough; it is time for international laws and international action. It is time for the United Nations to step up and begin to put in place a framework that protects our planet and these animals. It is time that we not only pass legislation, but take direct action on protected areas. Instead of just providing armed forces for humanitarian purposes, it is about time that we and the United Nations provided forces for environmental purposes. The time has come for us, both as legislators and those active in the field, to take this issue seriously.
I finish by congratulating the British Army on what it is doing out in Kenya, but we need more of it. I support new clause 2 as a beginning, but it is the beginning of a long road, because a lot more needs to be done.
Kwasi Kwarteng (Spelthorne) (Con)
This is a very important debate. In listening to speeches from across the House, I was struck by the fact that I had never seen the House so united in terms of the purpose and seriousness of this legislation. The real differences—if there are differences—are about the manner of dealing with this and how we get the best results. That is very encouraging.
If one were to look at the number of elephants, one would be truly horrified. There were something like 1.2 million in 1980. Today, from the figures that I saw, there are a little over 400,000. Over 38 years, we have seen a two-thirds reduction in the number of wild elephants, so the species is undoubtedly in danger.
As a consequence, one can see why the Government have come up with this legislation. Initially, it was a very narrowly focused Bill, essentially designed to stop the trade in ivory with respect to elephants and the killing of elephants by poachers. One can understand exactly what the narrow scope of this legislation was. It was right for the people who have been campaigning on this issue to suggest that the narrow focus on elephants should be widened. Obviously, ivory comes from a range of sources. People have talked about mammoths and the teeth of hippopotamuses. It was inevitable that the legislation as drafted would be perhaps attacked or scrutinised on the basis that the focus was too narrow. I fully understand that.
What has happened in the past couple of days is that the Front-Bench team has listened to the debates and to the various representations. I saw on Twitter—I do not use Twitter very much, by the way—that the Environment Secretary has suggested that the next phase should be a much wider consultation than that proposed in new clause 1 by Opposition Front Benchers. That must be the right approach because, under the new clause, as Members have mentioned, mammoths are not included. We know that the way people claim that bits of ivory come from mammoths hides a multitude of sins and a great deal of criminality. That is another issue that is often overlooked in this debate—it has been mentioned once or twice.
The communities in which elephant poaching takes place, and the people who are driving this trade, are often linked with organised crime and with other very unsavoury elements in the countries of Africa in which the elephant and ivory are found. This has been going on for decades. One need only read accounts from Stanley in the 19th century to see how poachers—mass murderers, my hon. Friend the Member for North East Hampshire (Mr Jayawardena) suggested—have been perpetrating these crimes for decades. It has to stop. The reason that this is an interesting and important piece of legislation is that it marks, I think, the first time, or one of the first times, that a western country—or certainly an advanced economic country—has taken this issue very seriously.
As we go forward, after the international conference at the beginning of October, we will have to be even more focused and even more rigorous in our approach to the ivory trade. As people have observed, just banning the ivory trade with respect to the elephant will not be good enough. We have to take a holistic approach. We cannot simply say that ivory from the elephant should be banned and not legislate for other animals and other sources of ivory. The broader approach is obviously the best one, but legislation is difficult in any broad approach. We have to get the right terms and the right drafting. I am not sure that new clause 1 is necessarily the best way of trying to address this problem, which is why I will vote against it if it is pressed to a Division. I think that Government amendments 3 and 4 are a bit broader and more flexible. As we have discovered today, there have been later announcements suggesting that a broader approach—even broader than that proposed in new clause 1—is for the best.
It is a real credit to this House that something as sensitive as this Bill has brought forward a wide, courteous and informed debate. It is a real honour to be able to participate in the passage of this legislation.
Liz Twist (Blaydon) (Lab)
It is a great privilege to speak in this debate, which is of so much interest to many of our constituents, right across the UK. I would like to talk about four things. I will speak in support of new clauses 1 and 2, but first I will refer to a couple of other issues that we discussed at some length in Committee. It would be helpful to hear the Minister’s response regarding those issues, but they will not be fresh ones to him; this is well-trodden ground.
The first issue is that of cyber-security. This is an important matter, as has been acknowledged. Much illegal trading is done over the internet. In Committee, we discussed the need for proper measures to deal with that and heard about the difficulties in tracing that. Does the Minister have anything to say on that? If we are to make this legislation effective, it is important that we deal with the issue of cyber-security and cyber-trade.
The second issue is that of enforcement, which we also discussed in Committee. When taking evidence, we heard from Inspector Lou Hubble—head of the UK National Wildlife Crime Unit—who spoke particularly about cyber-security. She saw the need for additional resources to deal with the cyber-trade in ivory. Goods that are often presented not as ivory, but as bovine bone or other sources are really difficult to track down. I wonder whether the Minister has anything to say about that.
Let me turn to new clause 1. It seems that we all agree that we need to extend the legislation to include other sources of ivory. We are all concerned that, if we ban elephant ivory and strengthen the measures against that, we may displace the trade and find that other species are affected. That is why I am keen, as are other colleagues, that we broaden the description of ivory in the Bill. I heard the Minister saying that an announcement had been made on this, and it is good to see that there is change and movement in this area—we all agree that that is important—but I still support new clause 1. Will the Government consider going that bit further and supporting the new clause?
Sir Hugo Swire
The hon. Lady talks about going a bit further. Surely the whole point is that what the Government are proposing goes further than the Opposition’s new clause.
Liz Twist
We are keen to see that action is taken now and not deferred. From our perspective, new clause 1 would improve and strengthen the Bill.
New clause 2, which is also in the name of my hon. Friend the Member for Workington (Sue Hayman), calls for a report on the ivory trade in 12 months’ time. It is important that we have a mechanism for reviewing how the Bill is operating in practice within a period of a year, so that we can ensure that it is doing what we want it to do: reduce the slaughter of endangered species and other species covered by the Bill. It is also important that we ensure we can take steps to strengthen the legislation in the future if that is necessary, so I support new clause 2.
Robert Courts (Witney) (Con)
We have had an important discussion of this Bill over the past few weeks. It has been a great honour to speak on something that is so important to so many of my constituents. It has also been very good to see how the House works very constructively together on occasions where there are particularly important and historic matters for us to discuss, as in this case. I am very grateful to the Government for listening so constructively to many of the points that I have made, some on behalf of my constituents and some on my own reading of the Bill, and for answering a great many of them. I will address those in the course of my brief comments.
I do not support new clause 1 because I think the Government have proposed a better way of doing this. I say that for two reasons. They have been covered already but bear repeating. The first is the fact that the Government amendment goes further. New clause 1 deals only with CITES-listed species. The hon. Member for Blaydon (Liz Twist) rightly raised a concern that we all have—I raised it on Second Reading—about species displacement, for want of a better phrase. The new clause, if anything, makes that more likely because it does not cover species that are not on the CITES list, such as the warthog. We need to ensure that we can go further. There is much more freedom in the Government’s approach, which is to add species whether they are endangered or not and whether they are extant or extinct. Their amendment will also cover the mammoth, which, as we have heard, is being mined, and closes a loophole whereby mammoth ivory can be passed off as elephant ivory. It is a much better way of doing this because it goes further.
Secondly, the Government’s amendment goes faster because we can deal with the matter by secondary legislation. I entirely understand what the Opposition are trying to do through new clause 1, but the big, overriding problem is the procedural one. If a challenge is raised to the primary legislation on the human rights ground, we may run into difficulty on the whole Act, and that would be a great shame. I have thought very hard about this. As a lawyer, I am naturally of the mind that I do not like legislation that is rushed through, because rushed laws are often bad laws. I would instinctively prefer that we took more time and got it right. In this case, however, there is very much a need to move quickly, given that the conference is coming up, and given all the heartbreaking stories that we have heard today and throughout the Bill’s passage, including during the evidence session.
It is very important that we make it clear that the ivory trade is no longer acceptable. It is also very important that we make it clear that Britain is a world leader on this. We have heard about the great work that is being done by the Army—I pay tribute to that—and through DFID. We can look at doing a lot more to expand that work. I very much welcome that.
For those reasons, we need to get this Bill on to the statute book as soon as possible, despite the fact that that goes against my natural instinct whereby I prefer to slow things down and take more time to make sure that there is not a hiccup further along the line. I am sensitive to the concern about everything being pushed into the long grass and the further expansion never happening, but I am very encouraged by today’s announcement by the Secretary of State that he will now be consulting on this. It seems to me that the Government have approached this in entirely the right way.
I have had a number of concerns about the Bill as it has gone through. Constituents have raised concerns with regard to the antique trade and those have been answered. I am grateful to the Minister for doing so, in full, and at relatively short notice. I had some concerns about the definitions aspect of clause 35. The Government’s amendments deal with those concerns because they mean that we do not have to worry about a particular species once the secondary legislation has been brought in to expand the species list further.
We can now move forward quickly with legislation that sets a positive, leading path for Britain as a nation. I wholeheartedly welcome that. I thank the Government very much for listening to all of us who have expressed concerns and for answering those concerns. I very much welcome the Bill and the Government’s amendments to it.
Alex Sobel (Leeds North West) (Lab/Co-op)
I spent three days on the Public Bill Committee carrying out detailed scrutiny. Although we did not always agree on the detail, I valued all the contributions from Committee members, who clearly believed strongly in eradicating the global ivory trade. We have a further opportunity today to make this a better Bill.
I want to start by raising a question that I asked the Minister in Committee, but which he might answer differently today. We had a detailed discussion about musical instruments and the rule that if less than 20% of an antique musical instrument is ivory, it can be sold. We heard from the Musicians Union that many retired musicians sell their instrument collection because it is not an industry in which people have a pension. I raised the issue of guitar picks made from mammoth ivory. The Minister quite rightly pointed out that they would be exempt because they are made from mammoth ivory. However, with amendment 3, there is a potential for mammoth ivory to be covered by the Bill. That changes the status of those guitar picks. I wonder whether the Minister will give a new response to that question today.
However, that is not the substantive part of my speech. I am in favour of the new clauses tabled by my right hon. Friend the Member for Islington North (Jeremy Corbyn), and in particular new clause 1. I will restrict my comments to the protection of other horned animals, and in particular the monodon monoceros, more commonly known as the narwhal, as I did in Committee. I do not have time to go into depth on the hippo, killer whale, sperm whale, walrus or warthog.
After returning home from the Committee, on which I served for three days, I was asked at the dinner table by my children what I had done that week in Parliament, and I said, “Have you heard of the narwhal?” My 10-year-old son immediately broke into song. Following the example of the hon. Member for North Dorset (Simon Hoare), I will allow Members to hear the narwhal song:
“Narwhals, narwhals, swimming in the ocean
Causing a commotion coz they are so awesome”.
It goes on:
“Like an underwater unicorn
They’ve got a kick-ass facial horn
They’re the Jedi of the sea.”
Who could disagree with that?
If Members were not aware of the narwhal, I am sure they are now fully clued up and join every 10-year-old in the land who has impeccable knowledge of the narwhal. That knowledge is not new, however. Narwhals were known as sea unicorns for many centuries before exploration of the Arctic, and their tusks were one of the most valuable commodities in pre-industrial revolution Britain. Queen Elizabeth I is said to have spent £10,000—equivalent to £1.5 million today—on a narwhal tusk, which was placed with the Crown jewels.
Although narwhal horns are no longer so valuable, they are valued at between £3,000 and £12,000, and a double tusk can fetch as much as £25,000. The International Union for Conservation of Nature considers narwhal hunting still to be a major issue. In Canada and Greenland, narwhal hunting is still permitted, and between 2007 and 2011 an average of 979 narwhals were hunted a year. The Inuit as a native tribe have hunted narwhal for centuries, using them as a source of both food and income. In addition to the global trade in tusks and teeth, a Whale and Dolphin Conservation Society study found that shops in Japan were selling ground narwhal tusk as a tonic to treat fever. Shop counter prices for that medicine varied from $540 to $929 for 100 grams. Numerous reports have been produced, and there is an evidence base from non-governmental organisations.
CITES, which we have heard much about today, says that the main threats to the narwhal are hunting and climate change. The majority of narwhals live in and around Greenland’s territorial waters. Export of narwhal products was banned in Greenland in 2006, but narwhal products are legally traded within Greenland. Only subsistence hunting should take place. CITES says that there is a significant trade in narwhal tusks and parts, but not sufficient data to track it. The Whale and Dolphin Conservation Society is concerned that the hunting of narwhal has already become unsustainable. Narwhals have been over-harvested in Canada and Greenland. The society said:
“The annual hunting in western Greenland...significantly exceeded the quotas recommended by those scientific bodies of regional and international organisations charged with narwhal management.”
Laws in Greenland are being broken. Surely we should align our laws with theirs.
I am not sure whether the Minister is aware that the Inuit people are permitted to sell narwhal derivatives, including the horn, within the European Union. On one Canadian website, I could have ordered a narwhal tusk from my desk here in Parliament for around $70 an inch that could be legally sent to the European Union. There are restrictions on what can be imported without permits and penalties for contravening import rules. I thank the Minister for his letter in which he outlined the restrictions on imports from Greenland, which I deem sufficient, but he does not mention Canada, where restrictions are not so tight. I want to repeat what I asked him in Committee: will he clarify his views on narwhal horn trade from Canada?
As I have said, narwhals are also affected by climate change. While I understand the need for haste with elephants, narwhals face more than one threat, so it is important to include narwhals in the scope of the Bill, rather than for this to be covered under clause 35. Why wait when action can be taken in the Bill today?
Sir Hugo Swire
I will speak briefly because time is marching on, and I did not have the privilege of serving on what I believe must have been a fascinating Public Bill Committee. Coming to this quite new, I urge the Opposition to drop their proposal to push new clause 1, which I do not think the Government are supporting. I completely understand where they are coming from, and had the Government not come up with their latest proposal, I would in fact have supported new clause 1. However, I believe the Government’s proposal trumps what the Opposition are suggesting. It is unfortunate, when we are trying to send a unified message to those in the world who are watching these deliberations, that there is or is perceived to be some artificial division between us, when I do not think there really is one. I therefore urge the Opposition to look again at withdrawing new clause 1.
It is important to get the Bill through without the threat of judicial review or—I am not a lawyer—any other kind of legal challenge. We must aim for the wildlife conference in October, and it is absolutely critical that we enable the Bill to be passed before then. At the wildlife conference, which is designed to protect the elephant, I hope, as a former Minister for Asia, that we will cover Indian elephants, because we tend to concentrate more on Africa than elsewhere. I saw a programme the other day about what is happening to elephants because of logging: there is no use for them, and they are therefore abused, killed or whatever. I hope that the wildlife conference, rather than just discussing the issue of elephants being killed for their ivory, also looks more holistically at the role of an elephant in such communities and at how we can better support them.
As I say, I have come to this quite late, but I believe there are still outstanding issues. I am sure those issues will be addressed in tremendous detail in the other place, not least the subject of compensation for some collectors, the measures on antiques and the proposals put forward by the antiques trade, which I think need to be looked at again, as well as the charges to exemption certificates. I am sure such points have been well articulated in Committee, and I have absolutely no doubt that they will be looked at more closely again in the other place; the point of the other place is to look at such issues in great detail.
I believe the principle of what the Government are seeking with the Bill is absolutely right. It is one of those rare occasions when the House is unified on something that will have huge popularity well beyond the Chamber.
Mr Paterson
Am I right to say, as a summary of the position of those involved in the antiques trade, that they find that the Bill is tough but fair and that they would not like it tightened up any further? For speed, should we advise those in the other place not to spend too much time changing the Bill? Speed is of the essence in getting it through before the conference.
Sir Hugo Swire
Yes, I agree with my right hon. Friend. I would say that there are legitimate concerns that still need flushing out, but I do not think anything should be done that will prevent the passage of the Bill in time for the wildlife conference. There are genuine concerns about how tight the legislation is in some respects and about how people may be inadvertently affected. I believe that legislation is only as good as the thought that is given to it, and there is nothing worse than implementing bad legislation. The legislation has to stand the test of time, and I believe the Government are trying to achieve that. I am sure that any serious points raised in the other place will be addressed suitably, but my right hon. Friend is, as usual, absolutely right that we must do nothing to prevent the swift passage of what is, in most respects, an excellent Bill.
David Rutley
This has been another outstanding debate on a very important subject, and I am very grateful for all the contributions that have been made.
On Second Reading, I was heartened to hear the support from all parties for the Bill. I thank all the Committee members for their important contributions on this issue and for the suggestions on how we can refine the Bill. Progress has been swift, and it is crucial that we continue that pace of progress on the Bill, as has been set out in numerous speeches.
I would like to give a warm welcome back to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). As always, the Department will benefit from her keen intellect and boundless energy in moving forward with so many important initiatives, of which this Bill is not the least. It is good that she is in her place on the Front Bench today.
We have not really discussed the intention of Government amendments 1 and 2, which seek to provide a definition of a pre-1918 portrait miniature for the purpose of the exemption in clause 6. The amendments adds a size restriction to the definition so that portraits with a 320 sq cm surface area qualify for exemption. That is the maximum area of the visible surface of the ivory “canvas”, irrespective of the size of the frame. In Committee, Emma Rutherford, a representative of Philip Mould & Company, who is an expert on portrait miniatures gave evidence on how the exemption for portrait miniatures could be refined to add a size limit. The Government listened to that expert evidence and to views expressed in Committee and have introduced proposals that set maximum dimensions for portrait miniatures. We have discussed this, but we have chosen to exempt portrait miniatures because the value of these popular items is due not to their ivory content but to their historical importance, the delicate painting and their luminosity.
Let me now move on to important subjects that have been discussed at length today. We should focus our attention on Government amendments 3 and 4 and discuss matters raised in debate. I shall then come on to discuss new clause 1. As has been said, amendments 3 and 4 will extend the power to make secondary legislation so that the definition of ivory could include that from any ivory-bearing species.
The hon. Member for Workington (Sue Hayman), in a characteristically considered contribution, asked whether the focus on elephants was initially an oversight. Non-governmental organisations, particularly during the evidence session, underlined the need to focus on elephants as an urgent priority. There was no oversight—there was a clear focus to start with—but that is not to say that we should not move on and look at other species.
We have heard passionate speeches expressing concerns about other species, from the hon. Member for Redcar (Anna Turley) about hippos, and from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). I do not think anyone will forget the speech by the hon. Member for Leeds North West (Alex Sobel), and his legendary narwhal song. We will have to find the words and start humming them in the bath, or something.
As my right hon. Friend the Secretary of State made clear on Second Reading, it is important that, as a result of this ban, the trade in ivory does not move to other species. That is why we included a power in clause 35(3) to allow other ivory-bearing species listed under CITES to be brought into the scope of the ban.
Robert Courts
May I repeat my thanks to the Minister for listening to the concerns that I have expressed about that provision in particular? Does he agree that the key point is that we need to move quickly to protect elephants, but after that we need maximum flexibility so that the Government can protect other species, whatever they are, as and when required?
David Rutley
My hon. Friend has been consistent throughout the process about the need to push forward, as have many colleagues on both sides of the House. Absolutely—we need pace, and I will come on to how we will ensure that we move forward as quickly as possible in the weeks and months ahead.
Sir Hugo Swire
When my hon. Friend begins to explain why the Government’s proposals are better than Opposition new clause 1, will he provide the House with evidence such as potential legal challenges or judicial review that has led the Government to decide that this is a better way to proceed?
David Rutley
Indeed I will. My right hon. Friend has made an important point. Of course, we want to move fast, but we want whatever legislation we introduce to be compliant. We want to make sure that it is effective and enforceable legislation, and I will come on to explain more about that.
We have listened carefully to the views put forward by expert witnesses in Committee and by Members on both sides of the House, and we have made it clear that we should not wait for ivory species to become endangered before we can take action. The amendments will therefore allow us to prohibit dealings in ivory from CITES species, as is currently the case under the existing drafting of clause 35 and, additionally, any other ivory-bearing animal or species, including those that are endangered—for example, warthogs, my favourite animal.
David Rutley
Quite right, too. The amendments also cover extinct species, such as mammoths. We believe that extending clause 35 to allow warthogs to be brought into the scope of the ban is important due to the risk of displacement. That has been talked about by several people, including my hon. Friend the Member for Witney (Robert Courts). We also recognise that mammoth ivory is sufficiently similar to elephant ivory that its continued sale could perpetuate the demand for elephant ivory.
I would like to thank my hon. Friend the Member for North Dorset (Simon Hoare), of warthog fame, and my hon. Friend the Member for Mid Derbyshire (Mrs Latham)—we will not forget her contributions in Committee on mammoths—for their determined commitment to these species. The Government are clear that we should work together for the Bill to move swiftly through Parliament and that we should not allow the Bill to be derailed. Quick passage is important as in October the Government are hosting the fourth illegal wildlife trade conference, referred to by Members on both sides of the House, at which we will bring together global leaders on this issue. The conference will build on previous efforts, address the underlying systemic issues that facilitate the illegal wildlife trade and demonstrate a step-change in the fight against this criminal trade. Our aim is to make significant progress with the Bill before the conference.
Henry Smith (Crawley) (Con)
It was a great privilege to serve on the Bill Committee. Britain’s global leadership on this issue is absolutely essential. Does the Minister agree that the strong message we are sending out by passing the Bill in a timely manner and widening the scope to other species will lead to change in countries across the world?
David Rutley
I thank my hon. Friend for his contribution in Committee. He makes an important point. We want to highlight our commitment to tackling illegal wildlife trade. The Bill, and the extension we are talking about today through the consultation, will be important in sending out a clear signal to other countries, and not least the EU as it looks at its own ban.
As referenced on the Department for Environment, Food and Rural Affairs website, the Government are clear that introducing protections for other ivory-bearing species is important. That is why we announced today our intention to consult on proposals to extend the ban to other ivory-bearing species on or as soon as practicable after Royal Assent.
Mr Jayawardena
I was not on the Bill Committee, but I have been following the Bill closely, as have other members of the all-party group on endangered species. Can my hon. Friend confirm that the consultation would allow the Government to move further and faster than would have been possible under new clause 1?
David Rutley
Absolutely. It is our intention to move further. We are all agreed on that. As I will set out, we believe categorically that this will be faster. I think that that is the sort of speed people want to see as we move forward in the weeks ahead.
Simon Hoare
What capacity is there within DEFRA post conference—I appreciate it is currently fantastically busy—if other countries want to dip into the collective expertise of both Ministers and officials on how to deliver and devise this sort of legislation? Who will be available? We should be a centre of excellence and a resource for information and knowledge.
David Rutley
That is another excellent point. DEFRA officials work very closely with their counterparts in other countries. The conference in October will be a perfect opportunity to bring parties together. If further co-operation is required they will be ready to do that, but there is important work to do in the UK as well.
The Government want to ensure that if in future we decide to extend the scope of the ban, any legislation which applies to ivory-bearing animals or species is robust, proportionate, defensible, enforceable and, importantly, compliant with the European convention on human rights. We will therefore ensure that we gather and analyse evidence on the market for ivory from the other species. We therefore think that it is vital to consult on any proposals and gather views and evidence from stakeholders and the public. That would support an analysis that will focus on the impact of the measures—
Kwasi Kwarteng
Could my hon. Friend give the House any indication on timing for the consultation process?
David Rutley
As I said in the DEFRA announcement—I am pleased that my hon. Friend has given me the opportunity to underline this—the consultation would start on or as soon as practicable after Royal Assent. The commencement of the Bill will be around six months afterwards. Importantly, the consultation will take place at the point of or close to—as soon as practicable—Royal Assent. We will then move forward with the consultation and, assuming that the evidence shows that it is right to put forward the statutory instrument and include certain species that we have talked about, we can then move forward on a quicker timescale than has been set out—[Interruption.] From a sedentary position, I heard the hon. Member for Workington suggesting that we do it straightaway, which is a lovely thought and I understand her intention. However, the key thing that I am trying to stress is pace. Let us make sure that the Bill is compliant as well. I say gently to Opposition Members—I know that they are committed to pressing the new clause to a vote—that we want to make sure that the Bill is compliant, and given the focus and commitment that we have all given to the Bill, it is not right for there to be any risk, not just to the future of the delegated powers, but to the Bill as a whole by putting such provisions in it. That is what I ask Members to consider as we move to the vote.
We have already talked about new clause 1, but let me just add further weight to the arguments around it. It is clear that this new clause will place the Secretary of State under a duty to lay an instrument under the affirmative procedure within 12 months of clause 35 coming into force. It would extend the prohibition on dealing elephant ivory to ivory from CITES-listed species, so it does not go as far as the approach that the Government have set out.
As I said, the Government intend to consult on the extension of the ban and to conduct analysis of the impact that this may have on individuals and business. The new clause, however, presupposes or prejudges the outcome of that important work and would remove the opportunity for the public to provide evidence. It would oblige the Government to extend the prohibition to CITES species, even if the evidence does not support it. For some or all of the species listed in the new clause, that could mean that the regulations may not be compliant with the European convention on human rights and could be challenged on that basis. Given that explanation, I very much hope that in her concluding remarks the hon. Member for Workington will consider withdrawing her new clause.
During the debate, a number of other issues have been raised and I will turn briefly to some of them. The hon. Member for Redcar (Anna Turley) has made points about resources and cyber-security. I assure her that this is obviously a key area of focus and priority for the Government. The National Wildlife Crime Unit and Border Force do a fantastic job and we are committed to making sure that they have the resources to take this work forward. Of course, the Office for Product Safety and Standards, the regulator, will have additional resources, and working together with the enforcement agencies, will ensure that the ban is enforceable and is done so well.
The hon. Member for Leeds North West (Alex Sobel) made the point about plectrums. If they are made of mammoth and assuming that the ban extends to mammoths, they would be prohibited, but clearly, they can still be used. They can be passed on and bequeathed; they just cannot be sold commercially. He makes an excellent point about narwhals. We have exchanged correspondence and we encourage other nations to take such commitments seriously. I will gladly meet him separately to talk about Canada.
The hon. Member for Workington talked about the need for a report. We talked about this in Committee at great length. I understand why she wants a report, but the Government do not believe it to be their job to produce one, because other organisations can do so more independently, and of course there would be a cost involved as well. I therefore ask her not to press her new clause 2. With that, I thank hon. Members for their contributions on Report.
Sue Hayman
We have had an excellent debate this afternoon, and it is great that hon. Members right across the House have welcomed and supported this important Bill. I thank the Minister for our constructive discussions in Committee and today and warmly welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Suffolk Coastal (Dr Coffey), to her place.
I take issue with what some hon. Members have said about Government amendments 3 and 4 meaning that new clause 1 is not required. Our new clause would amend clause 35(1), whereas the Government amendments amend subsections (2) and (3), so they are not mutually exclusive. If we are to make the Bill as strong as it can be today and achieve as much as we can, I see no reason why the House cannot support both new clause 1 and the Government amendments. We would then today have the strongest Bill possible. I am a little disappointed, therefore, that the Government do not want to support the new clause.
Robert Courts
A Bill that is open to challenge is not a strong Bill. Is that not the fundamental problem with the hon. Lady’s argument?
Sue Hayman
I will come to that point, but I am aware that I only have a minute and half left.
Having made those comments, I strongly welcome the Minister’s commitment to seek to start a consultation process on widening the scope of the ban to other species if the House does not support the new clause today. The Opposition have pushed strongly for this right from the beginning, and I welcome the fact that he has listened to us. On the issue the hon. Member for Witney (Robert Courts) raised, I talked about the consultation in Committee, and I must again draw Members’ attention to the fact that I am an associate of the Consultation Institute. I have taken further advice from the institute, and it has reiterated that the consultation could be carried out both swiftly and efficiently as a supplementary consultation without giving rise to any issues of legal challenge. It is happy to support the Government in achieving a very solid consultation. None of us in the House wants to see any legal challenges to the Bill. If the Minister would like me to put him in touch with the institute—if he thinks that would help—I would be more than happy to do so. With that, I ask the House to support new clause 1.
David Rutley
I beg to move, That the Bill be now read the Third time.
What a pleasure it is to move the Third Reading motion for this important Bill. It is a simple but vital piece of legislation with a clear purpose: to help save one of the world’s most magnificent animals, the elephant, from the brink of extinction at the hands of ruthless ivory poachers. The ban on the sale of elephant ivory items of all ages, with only limited exemptions, will be the strongest in Europe and among the strongest in the world. The introduction of the Bill has reaffirmed the UK’s global leadership on this critical issue, and reflects our commitment to making the abhorrent trade in ivory a thing of the past. By seeking to ensure that ivory is never seen by the poachers as a commodity for financial gain or by potential customers as a status symbol, we will protect elephants for future generations.
The Bill has been improved today by amendments made on Report that took account of the evidence put forward by expert witnesses in Committee. This is my first time taking a Bill through the House as a Minister, and I am grateful for the positive way in which Members have engaged with it as it has progressed; I hope that that spirit will continue. We can all be rightly proud of the Bill. Let me take this opportunity to thank all the non-governmental organisations, the museums, the antiques sector and the enforcement bodies for their contributions and written evidence taken and received in Committee evidence sessions.
Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)
The Minister mentioned museums. On Second Reading, I raised the question of Northumbrian pipes made since 1975 using CITES-approved ivory. I understand that in Committee, despite these pipes’ unique and beautiful nature, it proved impossible to give a specific exemption for pipes made since 1975, but will the Minister meet me to discuss how we might find a way to use the local community or to set up some sort of fund, so that these pipes, which are owned by families, will not be lost to the musical traditions of Northumberland and will find a repository that can be passed on to future generations?
David Rutley
That issue was also raised by the hon. Member for Blaydon (Liz Twist). My hon. Friend is a formidable local champion and I will of course meet her to discuss how the Government can look into ways to continue to keep that rich part of her community’s heritage very much alive.
Mr Dominic Grieve (Beaconsfield) (Con)
I am very grateful to my hon. Friend for giving way. I have not involved myself in the passage of this Bill, but I was intrigued by what consideration had been given to probate valuation. If someone is the owner of a Giambologna cup made of ivory, which is potentially worth millions, and which could have an exemption certificate granted to it, but they never apply for one and they die and they hand it over to a future generation, I assume that its value will be zero for that purpose.
David Rutley
Guidance will be given to help people understand the implications of this measure. We are making sure that the new regulator does their job formally to help the antique trade understand all the implications, and there will also be a public engagement exercise. My right hon. and learned Friend makes an important point, but I am sure that it will be further scrutinised in the other place as this Bill makes progress.
Let me return now to some remarks that I had previously wanted to get through, which is that we have had good debates on clause 35 both in Committee and on Report. The widening of the power to extend the definition of ivory to include that from non-CITES species will be important, for example, if the prohibition in elephant ivory increases pressure on other ivory-bearing species and continues to fuel demand, or if the continued trade in other forms of ivory provides cover for the illegal trade of elephant ivory. This could well include ivory from the unfairly maligned warthog and the extinct mammoths. This will come as some relief to my hon. Friend the Member for North Dorset (Simon Hoare), who is no longer in his place, and to my hon. Friend the Member for Mid Derbyshire (Mrs Latham). The widening of the power will also include other endangered species that Members have mentioned with such concern, including hippos, narwhals, walruses, killer whales and sperm whales. As I said on Report, the Government are committed to action.
We have today announced that we intend to consult on extending the ban to include other ivory species, and we will seek to start the consultation process and to gather evidence on, or as soon as practicable after, Royal Assent. This process will ensure that if we do extend the scope of the ban, it will be robust, defensible, enforceable, and compliant with the European convention on human rights.
Stephen Kerr (Stirling) (Con)
Will my hon. Friend explain to the House how long he expects the consultation to last and what the sequence of events would be that we might arrive at some new legislation to protect these endangered species?
David Rutley
We will seek to do this as speedily as possible. A consultation normally lasts about 12 weeks, but, clearly, that work needs to be further reviewed, and then we can move things forward. I think that my hon. Friend can use his own process of deduction to work out that we can move this further and quicker than would have been set out by the Opposition’s amendments.
Let me conclude by thanking once again and paying tribute to the Secretary of State for his determination to introduce this Bill. I have also mentioned the important work that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey) has done in taking this Bill forward, ahead of its introduction in this House. It is also important to recognise the contributions from my hon. Friend the Member for Richmond Park (Zac Goldsmith) and from my right hon. Friend the Member for North Shropshire (Mr Paterson) who set out his long-held ambitions to take this work forward. I also wish to pay particular tribute to those members of the Bill Committee who sat through various evidence sessions and made very important contributions during the Committee stage, including the hon. Member for Workington (Sue Hayman). She made some characteristically thoughtful and considered contributions, even though we did not quite agree on some of the procedural matters. We are grateful for that constructive approach not just from Members of this House, but from representatives from conservation non-governmental organisations, from the musicians sector, from the arts and antiques sector, from the enforcement agencies and from others. I also wish to extend my thanks to our wonderful and hardworking Bill team, our private offices, our Parliamentary Private Secretaries, and the Whips who, like warthogs, can get overlooked at times. I also wish to thank the Clerks and other parliamentary staff for their sterling work and support on this issue.
It has been a real honour to take the Bill from Second Reading through to today, particularly knowing that there has been such strong support from all parties across the House. I wish the Bill safe and speedy passage through its remaining stages in the other place.
Sue Hayman
I just want to reiterate that Labour is not opposing the Bill. We have sought to strengthen it in Committee and today, and I trust that the Minister and Conservative Members who served on the Bill Committee would agree that we have demonstrated out earnest desire and efforts to do so.
It is good that there is clear, widespread, cross-party recognition that this comprehensive ban on the sale of ivory is needed. I thank the Bill Committee Clerk, Gail Poulton, for her tireless work with Members, for supporting me and my team and for her expert guidance. I also thank all members of the Committee from both sides of the House, including the Minister, for participation in a good-natured and thorough debate throughout. In particular, I thank my hon. Friends the Members for Bristol West (Thangam Debbonaire) and for Plymouth, Sutton and Devonport (Luke Pollard), and my hon. Friend the Member for Redcar (Anna Turley), who is no longer in her place, but was wearing a marvellous elephant dress earlier. I thought I was doing well wearing ivory-coloured clothes, but there we are. I also thank my hon. Friends the Members for Bristol East (Kerry McCarthy) and for Blaydon (Liz Twist), and my hon. Friend the Member for Leeds North West (Alex Sobel) for his introductions to Obi-Wan narwhal. I thank all those hon. Friends for their support, time and dedication over the last few weeks. I also thank all the different organisations that have given us their time and expertise.
I would go as far as to say that there has been agreement in principle from all parties in the House for the premise behind the vast majority of the Labour amendments in Committee. All we were doing was seeking to increase transparency, remove conflicts of interest and clarify the definitions in the Bill. I will just highlight a few key concerns that came up in Committee.
We discussed an annual register of items exempted for having artistic, cultural or historical value. This was strongly supported by conservation groups during the Committee’s evidence hearing, and it would ensure public confidence in the ivory ban and that any exemptions applied were fair. Despite not supporting our amendment, the Minister provided an assurance in Committee that steps would be taken to ensure the utmost transparency and public confidence. In time, it would be interesting to have more detail on those assurances. We also asked for assurances regarding the potential abuse of replacement certificates, as the Bill currently includes no limit on those. Again, it would be interesting to hear from the Minister more about how any potential abuse could be eliminated.
The Committee heard that the National Wildlife Crime Unit has only 12 members of staff to cover its whole area of operations, right across the UK, and that this number includes administrative staff as well as enforcement officers. This level was a cause for concern in Committee, given the expanded responsibilities of the unit under the Bill. The Minister mentioned the potential for this being dealt with in the autumn statement—I think that is actually the Budget now, but it moves so often—so we would be grateful if the Minister acknowledged that these concerns exist so that they can then be addressed at that point.
The Committee also heard how the internet plays a central role in the sale of ivory products. I would be grateful if the Minister outlined plans for proactively policing and monitoring this online activity and mentioned what kind of resources would be needed.
This Bill is a welcome step forward for the future of global elephant populations. I look forward to working with colleagues right across the House to ensure that we continue to do everything in our power to stamp out the global ivory trade and preserve these iconic animal species for generations to come.
Mr Speaker
A number of people still wish to speak, and we have 15 minutes remaining.
Sir David Amess (Southend West) (Con)
I rise to speak in support of the Bill’s Third Reading. This is a day of celebration for all animals that have horns.
I detected a slight bit of grandstanding about who should take credit for this Bill—I understand all that. The hon. Member for Workington (Sue Hayman) shared with the House the details of the terrible attack on Bella the rhino, and I absolutely understood the point that she was making. For my part, I could not care less who gets credit for the Bill; I am just delighted that it is happening. I think that the credit goes to all the women and men who have not just come to the party now, but have been campaigning on this issue year in, year out. They are the ones who should be congratulated.
I know that I am speaking in the House at the moment, where we sit opposite one another, but may I congratulate my Government, particularly the Secretary of State, for at long last dealing with this issue and achieving something? The hon. Member for Workington tabled amendments to the Bill, but, having worked it out, I think that following the consultation we can deal with the whole process within a year, which is quicker than would be the case under the Opposition’s approach. Our Australian neighbours, who are not in the World cup, are following our lead on this matter, and the Government’s plan to launch the Ivory Alliance 2024 will share our position further with other countries throughout the world. This is a great day for Parliament and a great day for the animal kingdom.
Dr Cameron
This is a truly historic day. We have worked extremely hard in Committee and at the Bill’s other stages to bring the legislation to this point. I thank everybody who has been involved for working so well together. The Bill is historic because its purpose is to ensure that elephants and other at-risk ivory-bearing species survive and are effectively protected for generations to come. That is important for us, for our constituents right across the United Kingdom, and for future generations—our children and grandchildren, and beyond.
I am extremely proud to be able to speak today and commend the work that has taken place. I particularly thank the Minister for his careful consideration of these matters in Committee and today. He has worked very consensually. I also thank the shadow Minister for working very well. Across the House, we have all aimed to strengthen the Bill as much as possible to make sure that it has the maximum impact, because its impact is what is important and what we are aiming for. I would still like some assurances about funding for the National Wildlife Crime Unit, because we must make sure that the legislation is enforceable in the UK, and about how colleagues in DFID will work with the communities that will be affected.
I pay tribute to the environmental and animal welfare agencies and groups that have been so involved in this for so long: the International Fund for Animal Welfare, Tusk, Stop Ivory and the Born Free Foundation, to mention just a few.
People think that we spend our time in the House debating the same issues repeatedly, going round and round in circles—often quite literally—but the very best work is undertaken in cross-party form with significant cross-party agreement. This Bill is a perfect example of Parliament acting consensually in the interests of all people. I am proud to have played a part and to represent the SNP on this historic matter.
Giles Watling (Clacton) (Con)
I would like to put on record how pleased I am that this Bill is going through the House today, and very speedily—I am grateful for that.
At a reception at the Foreign and Commonwealth Office the other day, I watched a very sad film about Sudan, the last male white rhino, who, very sadly, died in March. There are two females left, but it looks as though they are going to die out. I do not want to attend a reception where we mourn the loss of the last elephant, so we must do all we can to protect them.
It is crucial to elephants that this Bill ushers in a vital change to bring us into line with other developed economies around the world that have already introduced their own bans. For too long, we have been overshadowed by the USA, China, France and some of the other biggest global ivory trade markets, which have already introduced comprehensive bans. I am pleased that we will now be part of that positive movement, because we have been absent for far too long.
I am delighted that the Bill will introduce a total ban on the sale of ivory, including, most importantly, antique ivory, because the antique ivory market in the UK is surprisingly large. Some so-called antique ivory is faked—it is aged and stained to look antique. We cannot allow that to happen, and that is why I am delighted that this Bill will be passed.
What is more, we must push for a global ban. In the aftermath of the Chinese ban, Ginette Hemley, the senior vice-president of the World Wildlife Fund, said:
“This ban alone won’t end the poaching of elephants. It’s equally critical that China’s neighbors follow suit and shut down ivory markets across Asia.”
So let us in the UK lead the way with this Bill, and let other European countries follow us. I am very pleased with the Bill and I support it.
Mr Jayawardena
It is rare that a Bill receives almost universal support, so it is terrific that it has been supported by Members on both sides of the House, despite a few amendments.
In the interests of time, let me cut to the crux of the matter: those awful, dangerous people who horrifically murder 20,000 or so elephants every year and are out of control. They will now see action being taken, with Britain playing its role as a leader in the world. We must act, and I am pleased that we are acting, because history will judge us on the action we take to protect these animals today and in the months ahead.
As we have heard, it is not only elephants that are endangered, so I was reassured by the Minister’s confirmation that the Government intend to go further and to carry out a consultation. I know that Members on both sides of the House are grateful for that confirmation and will welcome an extension to species alive and extinct. We will watch the Government closely to ensure that that happens as soon as possible.
We are beginning to win this argument—and we must win it. There must no longer be any excuses for these murderers. There is so much money at stake, and they must not be allowed to sidestep our laws through little loopholes here and there and claim that their elephant ivory is from somewhere else. I thank all Ministers involved for taking this swift, smart action. I commend the people in my constituency who have said that they want this action and Members on both sides of the House who have called for it. Animals deserve the Bill. I am pleased that we are getting on and delivering it.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Ivory Bill
Thursday 5th July 2018
(5 years, 9 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 4 July 2018 - (4 Jul 2018)
Ivory Bill
Tuesday 17th July 2018
(5 years, 9 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 4 July 2018 - (4 Jul 2018)
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I should declare at this juncture that I have a small number of ivory objects, which I was given many years ago and have no intention of selling.
The legislation has a vital purpose: this country will play its part in helping to save the elephant from extinction. We are showing leadership—the ban on the sale of elephant ivory objects of all ages, with only limited exemptions, will be the strongest in Europe and among the strongest in the world.
The numbers are stark. About 20,000 elephants are killed for their tusks every year—that is around 55 each day. To put these figures into context, since 2006, the total number of elephants in Africa has decreased by some 21%, with numbers of savannah elephants declining by 30%—equal to 144,000 elephants—between 2007 and 2014 alone.
The human cost is real too, with over 100 rangers dying in one year between July 2016 and 2017. UN reports recognise the link between wildlife and arms trafficking in central Africa, with illegal wildlife trade—IWT—helping to finance armed groups, including the Lord’s Resistance Army. Environmental crime, which includes IWT, is the fifth most lucrative serious organised crime. IWT alone is worth up to £17 billion per annum, fuelling corruption and instability, and devastating animal populations.
That elephants now face the prospect of being wiped out by criminality and, I am afraid, by plain avarice, is simply unacceptable. But such a tragedy is not inevitable. We have an opportunity, and a duty, to be part of international efforts to change this course. In 2014, we hosted the London Conference on Illegal Wildlife Trade, where the UK secured ambitious agreements from more than 40 Governments and the EU to take urgent, co-ordinated action to combat IWT. I pay tribute to my noble friend Lord Hague of Richmond for his pivotal role in this.
Since then, an even clearer international consensus recognises that IWT is a global crisis in need of global solutions. In April this year, the 2018 G7 communiqué committed members,
“to working together to strengthen … law enforcement and tackle associated corruption”,
and closing illegal demand markets, “including elephant ivory”.
We know that the illegal wildlife trade must be tackled by sustained action across many fronts. Indeed, the UK has committed £26 million on efforts to combat IWT, including supporting 61 projects around the world under the IWT Challenge Fund. We are training anti-poaching African park rangers and sharing Border Force expertise in key demand states, such as Vietnam. We are providing funding to Interpol and the International Consortium on Combating Wildlife Crime to support their global enforcement operations. We are supporting projects to provide alternative sources of income to local communities in key poaching areas, and to identify and disrupt illicit financial flows linked to IWT.
While this is indeed a global crisis, the effects are felt most acutely in some of the world’s most vulnerable communities, particularly in Africa. IWT not only helps to drive corruption and undermine the rule of law, but has a crippling effect on nascent wildlife tourism and other opportunities for sustainable development.
African states cannot, and should not, be left to tackle IWT in isolation. They have called on the international community to help, and to recognise that this includes closing down markets which help to fuel poaching. In March this year, the Presidents of Botswana, Gabon and Uganda joined 29 other African elephant range states in signing a petition to urge the EU to close its ivory markets. The United States and China have already closed theirs; Hong Kong and Taiwan, two critical demand markets, are in the process of doing so. All recognise that reducing demand is a critical part of a comprehensive response to the crisis.
The government consultation on ivory received over 70,000 individual responses, of which the overwhelming majority—some 88%—favoured an ivory ban. We have worked extensively with conservation NGOs, the arts and antiques sector, and the musician and museum sectors to help shape this Bill. Your Lordships will be aware that there are already restrictions on the trade in post-1990 ivory under the Convention on International Trade in Endangered Species—CITES. The EU has gone further in banning the export of raw ivory. We need to go further. Elephants are still being poached and killed for their ivory at unsustainable rates. Record quantities were illegally traded in 2016.
The UK has a world-renowned arts and antiques sector and one of the world’s largest markets for antique ivory. Under existing legal restrictions, in the UK only items of, or containing, ivory which have been worked before 1947 can be sold without a permit. But it is extremely difficult to differentiate legal from illegal ivory, meaning that legal markets can be used to “launder” new ivory sourced from recently killed elephants. Indeed, UK Border Force has seized many ivory items that had been artificially aged, often through such crude but effective means as staining them with tea.
The UK is one of the largest suppliers of “legal” ivory items to the world’s ivory markets. The majority of this goes to east Asia, where demand is the highest. According to TRAFFIC—the wildlife trade monitoring network founded by the International Union for Conservation of Nature and WWF—between 2005 and 2009 the number of ivory items exported from the UK to mainland China was 2,000. Between 2010 and 2014, that number had increased to about 11,000. In 2010 a UN Office on Drugs and Crime report concluded that,
“the trade in illicit ivory is only lucrative because there is a parallel licit supply, and ivory can be sold and used openly. Ivory would lose much of its marketability if buying it were unequivocally an illegal act, or if ownership of these status goods had to be concealed”.
This is not about casting judgment on those, including previous generations, who may have been ignorant of the destructive impact of the ivory trade, but it is a clear-sighted assessment of the facts as we find them: the rise in demand for ivory in east Asia; the increasingly organised nature of poaching operations; and the catastrophic impact on animal populations and vulnerable communities. We simply cannot claim to be ignorant any more. We can act and we must.
The Ivory Bill will introduce a total ban, with narrow and limited exemptions, on commercial activities involving ivory in the UK that could be directly or indirectly fuelling the poaching of elephants. By closing the UK ivory market to all items containing ivory, except those that meet narrow exemptions, we will remove the financial value from ivory, reduce the opportunity for new ivory to be laundered through legal markets, significantly reduce the flow of ivory from the UK to overseas markets, and encourage other countries to take similar actions. The Bill will not affect the ownership, inheriting, donating or bequeathing of ivory items where this is currently allowed.
The exemptions are as follows: de minimis—items with an ivory volume of less than 10% and which were made prior to 1947; musical instruments with an ivory content of less than 20% and which were made prior to 1975; picture portrait miniatures produced prior to 1918, with a maximum surface area of 320 square centimetres; and items which are the rarest and most important of their type. This covers pieces made of, or containing, ivory produced prior to 1918 that are assessed by an independent advisory institution as of outstandingly high artistic, cultural or historical value.
The fifth category of exemptions covers museums: specifically, commercial activities, including sales, loans and exchanges to, and between, government-accredited museums—that is, museums which meet the strict accreditation criteria of Arts Council England or equivalent bodies in the devolved Administrations. There is no intention for this ban to affect the display of historic, artistic and cultural items to members of the public by accredited museums.
The Government have created a compliance and enforcement regime which is both robust and proportionate. Owners will have to register their item before they can sell it. Ivory owners will need to confirm that the item falls within the scope of a particular exemption. They will need to confirm, for example, that the item has less than 10% ivory by volume and was made before 1947. This will mean that owners need to consider carefully whether the item is exempt before it can be sold. This will also make enforcement of the ban easier, as it will be an offence to sell an unregistered item. This will not be unduly bureaucratic or burdensome: we are developing a new IT system to facilitate the process. This register will ensure security for both the buyer and seller.
It will be an offence to breach the ban on commercial dealing in ivory items. This offence can be committed in three distinct ways: by breaching the ban directly; by causing the ban to be breached; or by facilitating a breach of the ban. It is a defence to show that one took all reasonable precautions and exercised all due diligence to avoid committing the offence. Any ban is only as strong as its enforcement. Breaches will be liable to either civil or criminal penalties, meaning that enforcement bodies will have the flexibility to apply the most appropriate penalty, depending on the severity of the offence. Criminal sanctions for failing to adhere to the ban will be entirely consistent with existing offences concerning ivory under the Control of Trade in Endangered Species Regulations. Those found guilty of a criminal offence under these measures may be liable to an unlimited fine and/or a maximum prison sentence of up to five years. Civil sanctions will consist of stop notices, monetary penalties, enforcement under- takings and enforcement cost recovery notices. The Office for Product Safety and Standards, which is part of the Department for Business, Energy and Industrial Strategy, will be responsible for ensuring compliance, investigating breaches and issuing civil sanctions; the police will be responsible for criminal sanctions.
The Ivory Bill is a proportionate response to curtail the demand for ivory, in our continued fight to save the elephant from slaughter in the wild. Our country is showing leadership, in a co-ordinated international response to the crisis. In October, we will host the fourth IWT conference, once again convening international partners to urge further decisive action. The Ivory Bill has a critical role to play. The nations with most at stake have sought our help. The Bill will help protect elephants of the present and future. That is surely our generation’s responsibility. If we do not tackle this, we will lose the elephant in the wild. That would be an abdication of our duty to the natural world and I believe that future generations would rightly ask, “How on earth did you let this happen?” I beg to move.
Lord Grantchester (Lab)
My Lords, I thank the Minister for introducing the Bill and outlining its objectives and key clauses: he has made a very powerful case. This party is very pleased that the Bill is finally before your Lordships’ House today and I am honoured to lead on this Second Reading debate for this side of the House, as since early childhood the elephant has been my favourite animal. Elephants are majestic, social animals that have walked this earth for tens of thousands of years, and their existence is now threatened by man’s greed.
Labour Party policy is to introduce an ivory ban, as set out in our 2017 manifesto and restated in our animal welfare plan. The Conservative Party planned to ban the ivory trade in its 2010 and 2015 manifestos. After failing to act, it quietly dropped the pledge from its 2017 manifesto, but I am now delighted that this Government have had a change of heart and I commend the NGOs, charities and campaigners who have been pivotal in ensuring that this important legislation has now been brought forward.
The Minister said that the illegal wildlife trade has grown rapidly in recent years; this can no longer be ignored. It is now estimated to be the fourth-largest transnational illegal trade behind drugs, human trafficking and counterfeiting, and to be worth more than £15 billion annually. It is estimated that 100,000 elephants were killed by poachers between 2010 and 2012. Despite international efforts, around 20,000 elephants are still being killed every year for the illegal ivory trade—approximately 55 every day. According to figures collected by the Elephant Trade Information System, approximately 40 tonnes of ivory were illegally traded in 2016, the highest amount ever recorded. At that unsustainable rate, elephants are likely to be extinct in the wild within two decades. This is despite a ban on the sale of new ivory having been in place for more than 40 years.
The rapid decline in elephant populations demonstrates that the current legislation has failed to end the illegal trade. The existence of legal domestic markets has fuelled this trade by providing cover and reinforcing the high value of ivory across the world. Recently, China, Hong Kong and the United States have taken measures to ban the sale of ivory. As the largest exporter of legal ivory, Britain must now act urgently.
Ivory is an emotive topic for conservationists and antique dealers alike, and we believe the exemptions in the Bill strike the balance between being robust and being pragmatic. We welcome the de minimis exemption for items made prior to 1947 with less than 10% ivory content and the exemptions for musical instruments made prior to 1975 with less than 20% ivory content, accredited museums and items of outstanding artistic, cultural or historical significance. We will be pressing the Government to ensure that only the rarest and most important items of their type are granted exemptions and that an annual register of exemptions will be published to ensure transparency and public confidence in the ban.
Given that there is cross-party recognition that a comprehensive ban on the sale of ivory is necessary, we had looked forward to an amicable process that would enable us to pass this legislation swiftly. However, I am aware that some Members present are concerned about the limited exemptions for antique ivory and may question the relationship between ivory antiques and the illicit market and seek to dilute the tough provisions in the Bill. The Bill responds to the call of African nations that have grappled with the devastation of the illegal ivory trade over many years. Illegal poaching is serious organised crime that is decimating wildlife populations, threatening local livelihoods and fuelling further criminal activity including terrorism, with extremists using the money to fund their activities across Africa. I hope that as amendments are debated regarding the value and trading of antiques, the House will keep that at the forefront of the debate as the Bill makes good progress. The elephant and its conservation are the objectives.
While Labour wholeheartedly supports the ivory ban, that is not to say that the Bill cannot and should not be improved. It currently has a narrow focus on elephants, which ignores the poaching of hippos and other non-elephant species for their ivory. We believe that broadening the definition of ivory is necessary not only because many CITES species are at risk of becoming endangered but to prevent a narrow focus on elephant ivory pushing poachers towards other forms of ivory. The black market’s insatiable demand for ivory has turned towards hippos, which offer a cheaper and, in many ways, easier ivory option, given that there is now more awareness and legal protection targeted at elephants. Indeed, hippos have declined by 12% to about 100,000 in the past decade. We hope that the scope of the legislation will be extended to protect hippos, walruses and narwhals and welcome the Government’s commitment to put this out to a public consultation. This is important, given that there may be different consequences of banning certain types of ivory. For example, the Musicians’ Union has highlighted the use of mammoth ivory in instrument repairs over many years as a deliberate alternative to the use of elephant-derived ivory.
We would also welcome further consideration of how exempted items can be verified. Of the many submissions received on the Bill, one of the most interesting came from the Musicians’ Union. This brought up several issues concerning the documentation process for musicians, especially when travelling internationally for performances. We will also be looking to the Minister to provide assurances that the registration and certification scheme is not open to abuse. The Minister will be aware that legal CITES Article 10 certificates have been used to conceal illegal ivory in the past and that other certification schemes have been subject to fraud. We must not let that happen here.
We will also be pressing the Government to ensure that the threshold for the defence of ignorance is set very high. It is well known that illegal trade is fuelled by unscrupulous traders marketing ivory as bone, as ivory sourced from other species or as antique ivory when it is in fact new. The consultation received record responses, as the Minister indicated, which is indicative of public and industry awareness. The Bill will be greatly improved by the inclusion of a legal notice at the point of sale advising that the documentation is a legal requirement, and we will seek to introduce such an amendment in Committee.
Lastly, we are also keen to ensure that there are adequate resources for enforcing this new legislation. The National Wildlife Crime Unit will be directly responsible for investigating and for enforcing the legislation once it is passed, but at present it has merely 12 members of staff, including administrative staff, to cover the entirety of its work across the UK. What assessment have the Government made of the resource implication of enforcing the ban for the wildlife crime unit? We trust that the Minister will be able to give assurances that it will receive the appropriate funding necessary for its needs. In similar fashion, I ask the Minister to outline what plans the Government have for proactively policing and monitoring sales, including online activity, and what kind of resources will be needed. This will need to be explored in greater detail in Committee.
I extend my thanks to the many organisations that have provided submissions and briefing notes on the Bill. There is no doubt in the public’s mind that this is an important issue in desperate need of concerted national and international action. There must be a culture change away from ivory in a similar fashion to the changing perception regarding fur coats. It is a moral imperative.
These Benches are pleased to show cross-party support for this measure, which has been introduced in time for the Illegal Wildlife Trade Conference due to be held in London this October. It also needs to be most urgently brought forward for the elephant.
Baroness Miller of Chilthorne Domer (LD)
My Lords, it is a pleasure to be taking part in the Second Reading of this most important Bill. The Government are to be congratulated on bringing the Bill forward, as is the Minister on his excellent and comprehensive introduction. Given how much consensus has been achieved even on the trickier issues of antiques, I will not dwell on the detail of the Bill. However, I will mention some important points around it.
With regard to the illegal wildlife trade, bans work. Before 2005, the rainforests of Africa and South America were being stripped of their bird populations. Some species were driven to the edge of extinction, macaws in particular. Initially the UK was a bit reluctant to join in but in the end it lent its vote to the EU, and the EU trade ban came in in 2005. Now, if you want a parrot, it has to be bred in captivity.
A study in 2017 by scientists from the University of Copenhagen and the University of Porto, published in Science Advances, looked specifically at how the EU’s ban had affected the number of birds traded annually. They found that it had dropped from 1.3 million to 130,000—a drop of about 90%. Obviously 100% would be perfect but given that the trade is illegal there will always be some who flout the law, but I suggest that that is an incredibly impressive figure. Legislation in this area definitely has been shown to work.
After legislation, two sectors play a particularly important part in achieving the objective—those who work in the media and those who are in the front line. I congratulate the Guardian newspaper on its ongoing campaign in support of environmental defenders. Last year, 197 people were killed for defending land, wildlife or natural resources. In recording every defender’s death, the Guardian hopes to raise awareness of the deadly struggle on the environmental front line. This House should commend the Guardian for highlighting these astonishingly brave people who, knowing the risks, lay down their lives for wildlife. It is often about habitat destruction, which I believe is as dangerous for wildlife as the trade in the products. Certainly that would be true for elephants. If they have no habitat, it is hard for them to exist.
The Minister mentioned avarice in his opening remarks, and much of this trade is based on avarice. Some people, however, think that it is based on necessity, such as when river sand is taken at completely unsustainable rates for use in development. Others mine minerals of all sorts around the world, including copper in South America—which I have seen at first hand—as well as nickel. I went to Lake Izabal in Guatemala, where some of the last manatees on earth live. Very sadly, the Solway Investment Group, which takes something like 2.2 billion tonnes of nickel a year and claims to do environmental assessments, has put that lake under extreme threat and, no doubt, the manatees with it. We have a responsibility for the mines because they are often owned by multinationals based in the UK, Canada or the US. Agribusiness is another destroyer of habitats. It is the biggest driver of violence against the defenders I mentioned, in the drive for soy, palm oil, sugar cane and beef. There is an awful lot to be done about habitat destruction, but I realise that that is not the subject of this Bill.
The BBC has done a lot to raise public awareness. Its programme “Natural World” recently featured a beast that I really had not appreciated, the pangolin. “Natural World” did for pangolins what “The Blue Planet” did for oceans. The pangolin, a little-known, scaly mammal found in Africa and Asia, is apparently now the most poached and illegally trafficked animal in the world. The conservationist Maria Diekmann rescues and rehabilitates pangolins. It really was an extraordinary programme and anyone who did not see it should watch it on catch-up. It showed what one person working on the front line could do to build a campaign to raise awareness of the plight of an animal that most people have never heard of. What she did that was particularly powerful was to go to where the pangolins’ scales are sold for medicine—China—and join forces with a Chinese social media megastar to campaign to the Chinese people about not buying this product.
I again congratulate the Government on hosting the Illegal Wildlife Trade Conference in the UK in October and commend them for their lead on this. At that conference, will the Government recognise the role of environmental defenders with a memorial wall? In particular, and especially poignant this afternoon, will they recognise the role of Esmond Bradley Martin, whose ground-breaking investigations helped the fight against elephant poaching? He died after being stabbed at his home in Nairobi. Bradley Martin was a geographer by training but he brought the illegal trade to the attention of the world. He had been working on this for a lifetime, since the 1970s, looking in detail at the movement of elephant ivory and rhino horn, among other substances. John Scanlon, head of CITES, said:
“He was tireless in his efforts to protect elephants and rhinos … His research and findings across multiple continents had a real impact … He was a longstanding and highly regarded member of the Cites technical teams looking into the poaching of elephants and smuggling of their ivory. He will be sadly missed by all at Cites but his legacy will live on”.
This Bill is part of that legacy.
Lord Hague of Richmond (Con)
My Lords, I draw attention to my interest as the voluntary chairman of the United for Wildlife transport taskforce, a coalition of companies that tries to prevent the shipment of ivory and other illegal wildlife products. I strongly and emphatically welcome this Bill today. As Foreign Secretary, as my noble friend Lord Gardiner noted, I hosted the first intergovernmental global conference on the illegal wildlife trade, here in London in 2014. The Conservative manifesto of 2015 went on to say that we would,
“continue to lead the world in stopping the poaching that kills thousands of … elephants … each year”,
and,
“press for a total ban on ivory sales”.
In the 2017 election, this commitment was mysteriously and, in my view, foolishly omitted, leading to some confusion about the Government’s intentions. I am glad to say that that confusion has now been dispelled, particularly with the arrival of the current Secretary of State, Michael Gove, at Defra.
Two weeks ago, it was a pleasure to attend the reception at the Foreign Office with three Secretaries of State committing themselves to the success of the forthcoming conference, the successor conference on the illegal wildlife trade. One of those Secretaries of State has already departed the Government, of course, which is a little concerning, but I have already had a word with his successor, the new Foreign Secretary, who very much supports the importance of the conference. That conference is a reminder to us that, while this Bill is very important, it should not make us think that we are yet doing everything that is necessary to combat the illegal wildlife trade. This is part of that effort, on one aspect of it—on ivory. We should renew our determination on every other aspect, because rhinos are being driven to extinction by beliefs about the properties of their horns that are utter drivel, and hundreds of thousands of pangolins, as the noble Baroness, Lady Miller, said, are trafficked and killed. That is sad testimony to the fact that, even though we think that we live in an age of enlightenment in the human race, we are still surrounded by a great deal of selfishness, stupidity and greed.
The situation of the African elephant is one of the most dramatic pieces of evidence of that, with perhaps 30,000 elephants killed annually. Other figures of 20,000 are cited, but the numbers are vast. The great elephant census of 2016 showed the population of savannah elephants declined by 30% between 2007 and 2014, in just seven years. The situation of forest elephants is perhaps even worse. The need to end that slaughter is easy to justify even in purely human terms, of course. An elephant should be worth more alive than dead to a local community. They are a key part of a sustainable ecosystem; their killing is often part of the actions of organised crime or the consequence of corruption. It is in conflict with effective development in many countries across the world to allow that slaughter to continue but, of course, we do not need to justify it only in human terms. Put simply, this planet is not just for us; if we have any right to live on it, so do all the other species of the earth. It is a moral and ethical outrage that so many species are driven to extinction while inadequate steps are taken to address that.
The situation of the African elephant is now an emergency, which has developed in the last decade as rising prosperity in the East has brought new demand for ivory items. On 4 July last year, just over a year ago, the Hong Kong authorities made the world’s largest ever seizure of illegal ivory—more than 7 tonnes—which equates to hundreds of dead elephants in one shipment alone. Much can be done about this. The coalition of companies that I chair, to which I referred, now totals 102 airlines and shipping and freight-forwarding companies which are prepared to go beyond the minimum requirements of the law, and to do the utmost they can on this subject. However, those companies, and the hundreds of thousands of people across the world who work for them, look to governments and legislatures to do their bit.
The ultimate answer is, of course, to eliminate the demand for these products. The work done by our task force is under the auspices of the Royal Foundation and His Royal Highness the Duke of Cambridge. I pay tribute to him and his efforts. When he addressed the people of China about not wanting such items any more, he had an audience of hundreds of millions and made a great impact. There is now hope: China is showing strong and firm leadership. Its airlines are signing up to declarations with the other companies that I mentioned. When President Xi Jinping met President Obama in 2016, China and the United States committed themselves to a near-total ban on the ivory trade. China is probably the largest market in terms of demand for these illegal products but is closing shops and factories. However, Chinese officials have expressed disappointment to me in the last 18 months. They deplore and regret the United Kingdom’s failure to take similar action until now. The Bill is part of putting that right.
Many British people would be astonished to discover that the United Kingdom is now probably the largest legal ivory market in the world. That has to be brought to an end, and here is the crux of the argument for the Bill. We have to persuade people in China, Vietnam, Thailand and elsewhere: that seeking products made of ivory is no longer socially acceptable; that they are not to be regarded as of value; that they are not a symbol of luxury but of cruelty; and that seeking their acquisition is not a sign of wealth but of ignorance. We cannot defeat ivory poaching if we cannot persuade people of those things. We cannot persuade people if we in the United Kingdom say that it is okay to sell our old stuff to them, even though we do not want them to buy anything new. This is all the more true when it is so hard for most people to know how old ivory may be. Sometimes, in recent years, thousands of ivory items from the United Kingdom have been sold through the Hong Kong market in a single year.
The antiques trade in this country is indeed, as my noble friend said, a world-renowned and outstanding industry, but a couple of months ago I saw a quote in the newspapers from someone in that trade arguing that banning sales of older ivory would not save a single elephant today. The answer to that argument is: of course it will save elephants. We cannot persuade anyone that seeking ownership of ivory is undesirable if we are selling it to them at the same time and ascribing value to it. That is why a ban of the kind embodied in the Bill is so important. For it to work, the law has to be simple, clear and tough enough for people to know if they are breaking it. Therefore, the exemptions have to be kept as minimal and tight as possible. The Government have found the right balance in the Bill, or come very close to doing so.
Under current law, necessary certificates are often forged and internet sales, which have become prevalent in recent years, show little awareness of or care for existing laws. The International Fund for Animal Welfare found that most ivory sold in antique shops and fairs was sold without the required proof of age, while 40% of the illegal wildlife products seized by UK Border Force in a recent five-year period were of ivory. That is not an acceptable state of affairs in the United Kingdom. The United Nations Office on Drugs and Crime is in no doubt about this; my noble friend quoted it, so I will not read that out again, but basically the trade in illicit ivory is lucrative only because there is a parallel licit supply. That is why countries such as Botswana and India have now implemented a total ban, with no exemptions. It is why African range states are asking us to take this action and why it is important to extend this ban—as the noble Lord, Lord Grantchester, mentioned—to other species which have ivory, such as hippos, so that new confusion and displacement of demand is not inadvertently created by the introduction of the ban on elephant ivory. I am also pleased that the Government made commitments on Report in the other place to address that issue, and quickly.
The case for the Bill is overwhelming. For those of us who are involved, as I am, in efforts to interdict and intercept shipments and to reduce demand, our job will definitely be made easier by the introduction of this law. It is not the answer on its own but it is an integral part of a concerted and urgent effort across continents, cultures and industries. If we did not in this country propose and pass such a Bill, we would not be playing our part in the great international effort that is required to save some of the world’s most iconic, splendid and vital animals from slaughter and devastation. If we pass the Bill and give it a warm welcome in this House, we can play our part in that necessary work.
Lord St John of Bletso (CB)
My Lords, it is a pleasure to follow the noble Lord, Lord Hague of Richmond, who has played a key role in campaigning to stop the illegal trade of ivory. I also welcome the Bill and was delighted that it had a swift passage through the other place. It is of paramount importance that it be enacted before the IWC Conference in London in October, to which over 70 countries have been invited. I declare my interests as a long-term trustee of Tusk Trust—I am now on its advisory board—and as vice-chairman of the APPG on Endangered Species.
We are all acutely conscious of the horrendous and stark poaching statistics, mostly for African but also Asian elephants. As the Minister mentioned in his excellent opening speech, there is strong public support for a ban on buying and selling ivory in the UK. In fact, many campaigners have been asking for no exemptions. I support very limited domestic trade in items falling within the exemptions as listed in Section 2, but call for a total ban on all online dealing. There is increasing evidence of ivory being passed off as antique items when in reality, it is modern ivory. To this end, I wholeheartedly support the total ban of raw tusks.
I was alarmed to read in the Wildlife Trade Monitoring Network, called TRAFFIC, that between 2005 and 2014, the United Kingdom was a net exporter of ivory for commercial purposes. TRAFFIC also gave evidence that UK ivory traders were often unclear about the laws pertaining to the legal ivory trade. To this end, I strongly recommend that a user-friendly guide to the new rules be published on the APHA website, including the CITES rules. The ivory trade represents less than 0.7% of antique trade in the United Kingdom in revenue terms. The British Art Market Foundation has been clear that it would have liked the legislation to have been a little less tough, but can live with it.
The noble Lord, Lord Hague, mentioned the sale of ivory antiques, in many cases to markets in Asia. This has fuelled the desirability of ivory and, many would argue, has undermined enforcement measures and efforts in key destinations where there has been a massive problem with illegal ivory. I pay tribute to the enormous efforts and contribution of the Duke of Cambridge in persuading the Chinese to forge ahead with their measures to ban the ivory trade and, now, shut down designated factories. It is critical that UK exporters be substantially curtailed in their exports to Asia. I welcome the recommendation that Defra should publish an annual report showing details of the number of new items allowed to be sold through the registration and exemption certificates processes.
We should draw attention not only to the horrendous elephant poaching statistics but, as the noble Lord, Lord Hague, has already mentioned, to the plight of rhinos and other endangered species. The noble Lord, Lord Grantchester, drew attention to the reduction in the number of hippos in the wild. I understand there has been a 95% reduction in the number of hippos over the last 30 years, mostly relating to their teeth. To this end, I welcome the power in this Bill to extend its protection to ivory that comes not only from elephants but from other species. This will be limited to species listed in one of the CITES appendices, but can the Minister indicate whether more can be spent from our aid budget to support conservation efforts?
In conclusion, the sheer number of noble Lords who are speaking at Second Reading shows the depth of feeling and support for this Bill. The Bill should be framed openly, in the CITES context, as a stricter measure, under Article 14 of the convention and through implementation by the United Kingdom of its international commitments. We need to show leadership. It needs also to be enforceable. I hope the Bill will have a speedy passage through your Lordships’ House and I wholeheartedly support it.
Lord Selkirk of Douglas (Con)
My Lords, I congratulate the noble Lord on an excellent speech and it is a pleasure to follow him. When we declare an interest with regard to a particular matter being debated in the House, it is usually a financial or economic one. On this occasion, as we discuss a ban on the buying and selling of ivory with a few limited exceptions, I would like to mention an interest in one relative in particular. I am very happy indeed to have as my cousin Iain Douglas-Hamilton, a renowned zoologist and wildlife conservationist. He and his family are based in Kenya and, 25 years ago, he founded the charity Save the Elephants, which is still going very strong.
Iain said that as a boy he dreamed of flying across the African bush helping to save the continent’s wildlife. Dreams can come true. Indeed, for many years he flew over a number of African countries carrying out elephant counts so that their Governments would know by how much the elephant populations had dwindled. This was an important service for the Governments concerned. Iain became one of the foremost authorities in the world on the African elephant and one of its greatest champions. He wrote in the National Geographic blog:
“The world’s wildlife, both on land and in our waters, is such a precious resource, but it is also a limited one. It cannot be manufactured. And once it’s gone, it cannot be replenished. And those who profit from it illegally are not just undermining our borders and our economies. They are truly stealing from the next generation”.
I believe that lain Douglas-Hamilton was right about the next generation. The natural heritage of many parts of Africa is directly under threat, and what amounts to ecocide could destroy the wildlife and the magnificent animals that attract tourists to Africa from all over the world.
Thanks to Save the Elephants and other estimable wildlife conservation organisations, we have a great deal of knowledge about the situation facing these very intelligent animals, which make such an invaluable contribution to the ecological infrastructure of our precious planet. We also know, sadly, of the man-made perils that currently stalk the elephants. Ivory can command a high price, particularly in the Middle East, and that continues to be a powerful incentive to the networks of brutal poachers and traffickers.
According to the United Nations, up to 100 elephants in Africa are being killed every day, with their tusks hacked off their bodies by ruthless poachers involved in the now illegal international ivory trade. In the last 10 years, the number of elephants in the world has gone down by almost one-third and, as has been said by the noble Lord who has just spoken, we must not forget the threat posed also to rhinos, hippos and walruses, as well as the narwhal, with that extraordinary pointed tusk. It is much to be welcomed that the Government began a consultation earlier this month to see whether the new, tougher ivory trading ban that we are considering today, which will apply regardless of the date of the object, can be extended by secondary legislation to other such creatures.
The trade in ivory has highlighted the situation by pointing out how close to extinction a very special species can be. My noble friend Lord Hague of Richmond made one of the best speeches I have ever heard in this House. He is fundamentally right in saying that we are confronting a moral outrage. I believe that to be entirely the case.
The action taken by the United States, China and France has already been referred to. Being prepared to act is a significant indication of the importance of this subject. The Government have said that the Bill before us will bring into force a ban on ivory sales in the UK which would be,
“the toughest in Europe—and one of the toughest in the world”.
Adequate enforcement of the ban in the UK will obviously be very important, so can the Minister assure us that that will happen and that the narrow exceptions, which the Government say do not make any contribution to poaching, will not be exploited or abused? Are the proposed self-registration and certification processes robust enough for items for which exemption is sought?
The ivory trade of course is not the sole threat to the well-being of elephants in Africa and Asia; they also face the continuing encroachment of human development into their traditional territories. Iain Douglas-Hamilton has put a lifetime of research into the conservation of elephants. He has discovered that farmers do not need to kill elephants that are trampling their crops. Elephants fear bees stinging them in the eyes, so if the boundaries encompassing fields have beehives, the elephants will not invade them. Over and above that are the proposals for safe zones for elephants. These will need to be protected and local populations helped to understand the positive benefits that co-existence with the elephants can bring. One reality identified by Save the Elephants is that elephants travel by night to avoid predators. Despite this evasive action, however, the threat to their survival continues.
Returning to the Bill, the Government are to be strongly commended for listening to the views expressed by more than 70,000 people who took part in a wide-ranging consultation, in which 88% backed a complete ban. The Environment Secretary, Michael Gove, has said that this legislation,
“will reaffirm the UK’s global leadership on this critical issue, demonstrating our belief that the abhorrent ivory trade should become a thing of the past”.
That day cannot come too soon.
Lord Clement-Jones (LD)
My Lords, I declare an interest as a trustee of Space for Giants, the conservation charity, and as an organiser of the Giants Club conservation initiative, which unites the heads of state of the four countries that hold half of Africa’s remaining elephants: Botswana, Gabon, Kenya and Uganda. It has been a pleasure to follow the speeches today. It is true that, whatever our disagreements on other matters, what unites everyone in this building is that we are all elephant lovers. There are many people who should take credit for the decisive action in this Bill, and many of them are in this House today. This is a real opportunity for leadership by the UK, as several witnesses said to the Public Bill Committee, and Defra has shown enthusiasm for the cause. At the same time, we are part of a worldwide movement, and I am particularly pleased by the hugely significant ban by China on the trade in ivory, which was mentioned by the noble Lord, Lord Hague.
I am not going to repeat the figures for the decline in the savannah elephant populations, which were set out so clearly by the Minister and the noble Lord, Lord Grantchester, or indeed the rate at which elephants are being slaughtered for their ivory each year, which was mentioned by the noble Lords, Lord Hague and Lord St John. However, the rate is unsustainable: one every 25 minutes. There is global consensus that legal domestic ivory markets contribute to the illegal wildlife trade and to the poaching of elephants, by fuelling the demand for ivory items and providing the opportunity for illegal modern ivory to be laundered through the legal market.
The UK has one of the world’s largest domestic ivory markets, with ivory items widely available for sale, subject only to certain licensing restrictions on post-1947 ivory. Independent reports have found that the UK market plays a role in the illegal wildlife trade, providing cover for the trade in illegal items. Trade data indicates that the UK is the world’s largest exporter of legal ivory pieces and in particular exports more than any other country to the world’s largest illegal markets in Asia. So I strongly welcome the UK Government’s proposal to ban ivory sales. As the noble Lord, Lord Selkirk, mentioned, recent polling conducted at the beginning of December 2017 showed that a huge proportion of the UK population—88%—supports a ban on buying and selling ivory in the UK.
With the London conference on the illegal wildlife trade being held in October, I agree with the conservation charities that it is imperative that a near-total ban on UK ivory sales is in place as soon as possible. But I also agree with many of the environmental and conservation charities, such as the Environmental Investigation Agency, the Born Free Foundation, the David Shepherd Wildlife Foundation and others, that there are key flaws in the Bill that should be addressed in the meantime.
I do not advocate a total ban on sales of all antique ivory and I support the Government’s proposed exemptions for sales of items containing a very small amount of ivory, along with pre-1975 musical instruments, and sales to and between museums. As a strong supporter of live music, I do, however, share some of the concerns of the Musicians’ Union, which is otherwise very supportive of the Bill. I hope that the Minister will be able to answer a number of specific questions in this respect. Does mere ownership require registration under Section 10 or if the owner wishes to sell an instrument? Will a certificate be required for non-commercial use? Will a UK certificate be usable internationally as a musical instrument certificate when a musician performs abroad? Is that a certificate for each instrument or are all instruments owned by an individual covered? What will be the charge for such a certificate? The MU asked that this be waived or set at a low rate for professional musicians.
On the contrary, however, I do not support the width of the proposed exemption for continued commercial trade in items of artistic, cultural or historic significance. The scope of the proposed Section 2 exemption in the Bill is vague and will involve subjective judgments. An analysis of the impact of the Bill showed that around 25% of currently traded ivory items will fall under the exemptions. The UK exported around 36,000 ivory items worldwide from 2010 to 2015, with the USA the next-highest exporter with around 9,800 items. Therefore, even if the proposed ban with exemptions had been in place, exports would have been around 9,000 items—a quarter of 36,000—meaning that the UK would still have been the second-highest exporter of antique ivory in the world. At the very least, exemption certificates should be made harder to obtain.
All commercial imports and exports of ivory items should be banned and, if not, at least Section 2 items should be banned. All online dealing in ivory should be banned, as the noble Lord, St John of Bletso, mentioned. Allowing only physical sales, combined with the exemption certificates and registration process, should considerably reduce illegal trade and make the enforcement authorities’ job far easier. As the noble Lord also said, the Bill should clearly specify that all trade in raw ivory is banned—in other words, raw ivory should not be sold under any of the exemptions.
There should be a compulsory registration scheme for items exempted under Section 2:
“Pre-1918 items of outstanding artistic … value and importance”—
which means that they can be traded repeatedly. Documentary evidence to prove the legality or origin of the ivory item should be required to support applications for exemption certificates and registration. Finally, the statutory guidance on criteria for the artistic exemption to be issued by the Secretary of State under Section 2(3) will be crucial. Will there be public consultation with all stakeholders on its provisions? Then, as mentioned by a number of other noble Lords, we have extensions to non-elephant ivory. That should not delay the Bill, but there should be, as many organisations have suggested—I hope that the Minister will repeat this assurance to the House—a consultation under Clause 35.
I have a further query about resources for enforcement, both online and offline, for Border Force based at Heathrow leading the CITES team that enforces the UK’s obligation to the convention and the UK National Wildlife Crime Unit. Will they have sufficient powers under the Customs and Excise Management Act 1979? How will this interface with the regulator, the Office for Product Safety and Standards? Also, while there is mention in the Bill of forfeiture following conviction, there is no specific mention of the application of the Proceeds of Crime Act 2002 for recovery of criminal assets. I hope that the Government can clarify that all this will apply. We should ensure that the full force of the criminal law is brought to bear through the process of this Bill.
Lord Lingfield (Con)
My Lords, I have an interest to declare, in that I own a 19th-century artefact made entirely of ivory. It is of minimal intrinsic value and little artistic merit; in fact, it is a long paper knife. These items were most often used for cutting the pages of new books. However, it belonged to Benjamin Disraeli and is one of the few Disraeli treasures outside the ownership of the National Trust at Hughenden. It has letters of provenance from his niece, Mrs Coningsby Disraeli, attesting that it was always on the great man’s desk, and family tradition had it that it was given to her Prime Minister by Queen Victoria herself when she was created Empress of India.
Notwithstanding that, I have listened to the description given by my noble friend the Minister of the wonderful work that the British Government are doing across the world in trying to bring to an end the illegal killing of elephants for their ivory, an activity which I entirely condemn. I have read thoroughly all the guidance we have received as well as the various submissions by others to the consultation. I have read the speeches in the other place, and I agree that the banning of the sale of pre-1947 works made of ivory in this country could lead to a reduction in the incidence of poaching for ivory in the Asian sub-continent and in Africa, and a reduction in the appalling market for ivory products in China. I welcome the explanation given by the Minister of how this will work. However, would he also comment on whether any other antique artefacts are made from parts of animals or birds that are threatened with extinction which have been banned for sale with the result that their numbers have risen?
Disraeli’s paper cutter would, I suspect, be exempt under Clause 2 of the Bill as being of outstanding historical value. I have no intention whatsoever of selling it, but I would like to consider for a moment the process of exemption. Should I decide to apply for an exemption certificate and pay a fee, the Secretary of State will appoint assessors, probably several of them, to consider the following: first, whether it is indeed made of ivory; secondly, whether it was fashioned before 1918; and, thirdly, whether it is outstanding according to the criteria set out in the Bill. Unfortunately, the combination of government processes and cultural or historical assessors is too often a recipe for procrastination and delay. I am currently awaiting some answers from government and its assessors concerning another valuable historic artefact, and have been doing so for five years, so far with no result. Would it not be proper for the process of the creation of exemption certificates to be time-limited to, say, normally three months? If that limit cannot be put into the Bill, would the Minister give an assurance that he will consider it for the regulations?
My comments are but brief ones, and this is an area in which understandable emotions and sorrow concerning the fate of these wonderful animals must indeed guide us. I welcome and shall be supporting the Bill.
Lord De Mauley (Con)
My Lords, despite a ban on the international trade in ivory, as we have heard today, tens of thousands of elephants are killed every year for their tusks. There has been an upsurge in poaching in recent years which has led to steep declines, particularly in forest elephant numbers as well as some savannah elephant populations. It is a tragedy. Thriving but unmonitored domestic ivory markets continue in a number of countries, while insufficient anti-poaching capacity, weak law enforcement and corruption compound the problem.
I served as the Parliamentary Under-Secretary of State at the Department for Environment, Food and Rural Affairs from September 2012 to May 2015. During that time, among other things I was lucky enough to play a role in the United Kingdom’s efforts to bear down on the poaching and trafficking of wildlife. Several million pounds were granted to projects around the world which contributed to this effort. We organised a conference at Lancaster House in February 2014, which has been referred to in the debate. It was convened by His Royal Highness the Prince of Wales and attended by both of his sons as well as heads of state and government Ministers from more than 40 countries. That conference was followed by one the next year in Kasane in Botswana, which I attended on behalf of the British Government, and one a year later in Hanoi. As we have heard, there will be another one this autumn, again in London.
Our commitment should be in no doubt, and we have made some progress. Enforcement is now better co-ordinated, and punishments have been made stricter. But more needs to be done. Consumer countries such as China and Vietnam have become engaged. Indeed, at the beginning of this year, the Chinese Government introduced a ban on its domestic ivory trade with exemptions for cultural relics. However, there is still much to do, so I can understand why the Government propose this Bill and, indeed, I welcome certain aspects of it.
I thank the Government for exempting miniatures, albeit since the Bill’s emergence from another place rather more tightly circumscribed than before. On that point, I declare an interest as the owner of a small collection of miniatures, although I have absolutely no intention of selling them. I am now chairman of LAPADA, the art and antique dealers’ trade association. Although my remarks present my own views, they are informed by what I have learned in that capacity.
The Government now propose a total ban on the sale of ivory, with limited, tightly drafted exemptions. I want to focus my remarks on three specific areas of concern. First, thousands of people will have acquired, legally and in good faith, antique items that contain elements of ivory not covered by the exemptions. At a stroke, those items will be made valueless. I would hate to think that the Government simply do not care about those people. We should bear in mind that the Secretary of State put his name to a document that admits that,
“the UK ivory market has not been directly linked to the trade in recently poached ivory”.
I have heard nothing today to contradict that.
Furthermore, in a 2016 television investigation into the trade in poached ivory, the BBC trawled through online listings of hundreds of low-value solid ivory carvings offered at regional auctions and submitted the nine that seemed the most recently made for scientific testing. Just one of them dated from as recently as the 1980s, but of course the existing law would already be able to deal with that if it was illegally poached. Traffic visited 200 dealers in London in 2016 and concluded that not one of the 3,200 items they found containing ivory was new; they therefore did not contain any recently poached ivory. Only one of the items was reportedly made after the current 1947 cut-off date for offering ivory for sale without a permit.
I could show the Minister many examples of items that would be caught by this Bill, but let me give just one: a George V silver and ivory-handled ink blotter, in respect of which the de minimis level would need to be set at 20% for it not to be caught. Since its ivory content would lie above the currently proposed 10% threshold, such items would need certification as being deemed of genuine artistic, cultural or historic significance. They may well not qualify for that, which would mean they would be unsaleable and therefore worthless and which could ultimately lead to them being destroyed. Many thousands of these sorts of items may go the same way. The Government have said that they do not want to continue to rely on the current 1947 cut-off date, after which worked ivory cannot be sold, but this could offer the key to resolving what might otherwise become a thorny problem. I urge the Minister to consider the fact that 1947 is now 70 years ago and that it is technically feasible to age and then certificate ivory.
Secondly, I want to make sure that what we enact and put on the statute book is workable and does not collapse under the weight of its own bureaucracy. Take a small antique dealer with a booth in an antiques centre. He regularly takes in items from house clearances in his neighbourhood. Every single piece of furniture or small object that he buys will need to have been considered and analysed for its ivory content, however small: chests of drawers with small ivory escutcheons around the keyhole; Victorian games boxes inlaid with ivory; music stands with ivory elements; opera glasses; musical boxes—I could go on. Not only will sellers need to decide whether each item is eligible for one of the exemptions, but for each item they believe meets one of the exemption criteria, they will need to give a full description, take and upload a photograph, carefully describe and photograph distinguishing features, and explain why they believe the item meets the exemption criteria before it can be offered to the dealer. This level of detailed information and time applied might be appropriate for a historical antique worth £10,000 but not for objects that sell for £250.
I wonder whether the Government realise just how many such items will feature on this register. Where small elements of inlay are involved on low-value antiques, it is often the case that ivory does not get mentioned in sales descriptions, so if the Government have relied on online searches for “ivory”, they could well be in for a nasty shock as to the numbers of objects people will need to register.
Thirdly, I want to make sure that we do not put in place a regime which is inappropriately draconian in terms of criminalisation and powers of search and entry. Imagine a young couple who move into an old property they want to do up and discover the loft is full of cardboard boxes containing an array of old objects. They set up a stall at a car boot sale with all the objects lined up and they price at £25 a 19th-century wooden tea caddy with pale cream decorative inlay on the lid, to which they do not give a moment’s thought. A random check by an accredited civilian officer spots the box and tells them that it is almost certainly decorated with ivory, even though it amounts to probably just 5%. They are told they should have suspected it to be ivory and have committed an offence by failing to register it. Furthermore, they are reminded that the civil sanctions alone allow for a penalty of up to £250,000. Subsequently, they are fined.
This situation could easily be duplicated for countless other people who want to sell objects with low ivory content, no matter how small the amount of ivory they contain and irrespective of their value. There are thousands—probably hundreds of thousands—of old domestic objects regularly bought and sold containing less than 10% ivory, for example Georgian silver coffee pots with old ivory insulators, and perhaps tens of thousands of musical instruments containing less than 20%, such as old pub pianos with ivory keys. These are objects for which the sellers and buyers will simply not make a connection between the objects and the elephants we want to save. This begs the question: should people be fined, or even criminalised, for failing to list on a government register so many relatively common domestic antiques? Should we not encourage such second-hand objects to be sold and reused, rather than abandoned?
I completely share the Government’s objective of eliminating the poaching of elephants and other rare wild animals. However, as I have said, I have grave concerns about the impact of this Bill on people who have legally acquired items that will now become valueless, about the unwitting creation of a huge bureaucracy, and about criminalising innocent people.
Baroness Quin (Lab)
My Lords, it is a pleasure to speak in this debate and welcome this Bill. I pay tribute to the Minister for introducing it, and to my noble friend Lord Grantchester, who both showed that there is very strong cross-party support for this measure. Indeed, that cross-party support was very clearly seen in the House of Commons and already in this debate there has been very marked all-party support in your Lordships’ House.
The history of killing elephants for ivory is a very ugly and shameful one. The sheer scale of the slaughter shows that we are in a race against extinction of one of the world’s most well-loved species. However, I was glad the noble Baroness, Lady Miller, reminded us that there have been human victims of this ivory trade too, including brave people who have given their lives to combat it, and they deserve to be remembered and known for their valour and courage.
I am glad that the Labour Party has a history in its manifesto of committing to this measure, and I support the amendments put forward by the Opposition in another place in seeking to allow the Bill to be extended to other animals. I very much take the point of the noble Lord, Lord Hague, that simply banning elephant ivory risks displacement to other similar ivory substances. However, in speaking in this debate I will make particular reference to musical instruments. I am glad that my noble friend Lord Grantchester and the noble Lord, Lord Clement-Jones, mentioned this. I will mention an instrument that I imagine was not in the forefront of drafters’ minds when they were looking at this legislation: the Northumbrian pipes. I have a non-financial interest to declare in that I am president of the Northumbrian Pipers Society. I own two sets of pipes, although they do not contain any ivory.
The Northumbrian pipes are perhaps the only indigenous instrument of the regions of England still being played. They are not like the Scottish bagpipes in that they are a domestic instrument, rather than an instrument that can be played in grand open-air ceremonies. Indeed, their history is that they used to be played largely by shepherds in hillside cottages in the winters in Northumberland for local entertainment. The difference between the two sets of pipes was brought home to me when I tried to arrange a reception for pipers here in the House of Lords in which I hoped 20 pipers would be able to play in quite a small room. The authorities at first looked at me with some horror, imagining the amount of sound that would come from 20 or so pipers in a room. I commend these instruments to your Lordships. Indeed, in this summer of the Great Exhibition of the North I hope you will all visit Newcastle and the north-east to hear them for yourselves.
There is an issue with the retrospectivity in the legislation. A lot of Northumbrian pipes were made entirely legally in the 1970s and the 1980s, when there was renewed interest in the instrument, using either antique or CITES-licensed ivory. These days, many of those original pipe-makers are now not making pipes. It is felt that if the exemption applies as strictly as is currently arranged in the Bill, it will be quite difficult for those Northumbrian pipes to remain on the market and to be used, at a time when we are trying to increase interest in the instrument, in particular to increase the playing of it in schools and local areas in the north-east.
The percentage rule has been mentioned. I ask the Minister—it is not clear to me, although it might be to others—why those percentages were chosen and how they are interpreted. In the case of the pipes, for example, if you look at just the actual pipes, several would easily come over the 20% rule, although for the instrument as a whole, with the bellows and the bag, the percentage would be rather different. Would the Minister address in Committee, if not today, how these percentages will operate? I note he said it was by volume, but I would like some clarification of how that operates in the case of a rather complex instrument like the Northumbrian pipes.
I was struck by the powerful speech from the noble Lord, Lord Hague, and I understand and support the rationale behind the Bill, but I find it slightly difficult to understand how permitting the sale of the Northumbrian pipes made after 1975, entirely legally—pipes that were bought as instruments to be played, not as pieces of ivory to collect—would in any way threaten the vital battle against the poaching of elephants. These items will be on the market despite their ivory content, not because of it.
The Minister in the other place expressed sympathy about this and agreed to meet with Members of the other place who raised this issue, in particular the Member of Parliament for Berwick-upon-Tweed and my honourable and good friend Liz Twist, the MP for Blaydon. I hope that those meetings are taking place and that some ways of addressing this issue can be thought about in a sympathetic way. I know that the Minister here today and my noble friends are aware of my concern, so I will not say anything further about it at this stage but will perhaps revert to it in Committee if I feel I want to explore the issues further.
I do not wish what I have said to detract from my overall support for this measure, which I believe is extremely important. It is important in its own right, but also in terms of our commitments to biodiversity at the international and national level. We all know what a challenge biodiversity is in the world today. It is even a challenge to us here in the UK—with threats to species such as the hedgehog, the water vole and our beloved red squirrel, there are many challenges for us here to address—but internationally this is a huge challenge, and fundamentally I believe that the Bill is an important way of starting to meet it.
Lord Carrington of Fulham (Con)
My Lords, strangely, I want to start by making a declaration of non-interest. Because of the sometimes emotional nature of this debate on the Bill, I think it is important to make clear that I have no interest to declare: I am not connected to the antiques trade; nor do I have a collection of ivory items, although inevitably, in common with many people, including perhaps some of your Lordships, I own some objects that contain ivory. Most were inherited from long-dead relatives, such as a Victorian coffee-pot and some early 20th-century fish knives and forks, or are decorative items which contain a small piece of ivory inlay, such as an escutcheon around the keyhole of a wooden box.
Let me add that I strongly support the intention of the Bill, as I suspect do the overwhelming majority of your Lordships and people outside this House. We all want to protect elephants and other animals hunted and slaughtered to feed the trade in modern ivory, and I have no doubt that the intention of the Bill is to do just that. However, I have very real concerns that the Bill will fail to achieve these objectives. Indeed, I fear that, paradoxically, the Bill as drafted may well increase the likelihood of poaching of elephants for their ivory.
The logical basis of the Bill is that modern ivory items are indistinguishable from items made from ivory long ago. Many people familiar with antique ivory dispute this assumption by Defra. I will return to this in detail but, broadly speaking, there are many ways to distinguish old from new ivory. At one extreme is radio carbon dating and at the other is the expertise of museum curators and ivory specialists in the antiques trade. As the Bill assumes that it is not possible to distinguish old from new, it bans all trade in ivory—except that it does not, as it creates three groups of exemptions from the ban. First, it creates an elaborate system for identifying museum-quality items of exceptional importance, which museums can then buy and sell. This accepts that museum curators can distinguish old ivory from new, since these items will be vetted by experts before they can be considered to have met the museum-quality criteria. Just how this fits with the belief that it is not possible to date antique ivory with an acceptable degree of certainty for lower-quality items is unclear.
If it is possible to tell that an item of museum quality is made of old ivory and not faked in some Vietnamese workshop, then it is possible to tell that a less remarkable item is also old. After all, the ivory is the same; it is just the ageing effects on the ivory, and often the quality of the workmanship, that are different. The Bill ignores the scale of the problem which any panel of curators will face: the number and range of items will be very large. We have many museums in this country and, of course, museums able to buy and sell will not be confined to the UK: American and EU museums regularly buy and sell in the UK’s thriving art market, and the Bill seems to allow for that.
What is museum quality for the British Museum, which has just accepted the Sassoon collection of ivories, will be different for another museum, equally respectable and academically rigorous and duly registered by the Arts Council. There are 1,576 Arts Council-registered museums in the UK. A museum such as the Geffrye Museum near Bishopsgate in London, specialising in middle-class and working-class life in the 17th, 18th and 19th centuries, would probably not be interested in the Sassoon collection, but might well be interested in an ivory-handled table knife of no great artistic value from the 18th century as illustrating the lifestyle of ordinary people 300 years ago. It might be the Millennium Gallery in Sheffield, which has an outstanding collection of cutlery through the ages, many pieces of which will have ivory handles.
The second and third categories of exemption are pre-1918 portrait miniatures and pre-1975 musical instruments. I warmly welcome these exemptions, although I suspect that they were granted not because of any logic about the amount of ivory as compared with other similar items, but rather to avoid vocal opposition from well-organised lobby groups and media stars in the music industry and on “Antiques Roadshow”. It is important to point out that the amount of ivory in a portrait miniature can be greater than that in an 18-century theatre ticket disc, yet the miniature is exempt and the theatre ticket is banned. The value of both, by the way, has nothing to do with the small amount of ivory they contain.
For musical instruments, the curious exemptions are the cut-off date of 1975 and the 20% by volume of ivory that the instrument is allowed to contain, as opposed to a limit of 10% for all other items containing ivory. If you have an upright piano with ivory keys dated before 1975, you are exempt and able to sell it. If you have a 1920s art deco sculpture, by a world-famous artist, of a dancer with a metal body but ivory head and arms, above or below 10% by volume makes no difference: you are banned from selling it as the cut-off date is 1918. Any exemption is welcome. All I ask for is some consistency and perhaps some clear and transparent logical justification.
This illustrates another problem with this Bill: the sheer volume of ivory items created over the centuries before plastics became available. I have seen estimates of 2 million to 3 million objects incorporating ivory, and I suspect that this will turn out to be a gross underestimate. Most table cutlery, to take but one example, had ivory handles prior to World War 2. There are probably several million knives and forks of all types incorporating some ivory still in existence. Before the advent of plastics, ivory was used as an insulator for a wide variety of items, such as coffee-pot and tea-pot handles. Many chests of drawers, tea caddies and writing boxes had small ivory inlay, and so it goes on. The number of items containing ivory made before 1918 will run into many millions.
The Bill recognises this problem by allowing a so-called de minimis rule of 10% by volume, although it is unclear what is meant by volume. Is it the volume of the item, including the volume in the inaccessible interior of, say, a hollow statuette or is it the volume of the silver and ivory that the outer casing of the object is made from? Who is to judge—and indeed how—whether the ivory is 10% or above or below without removing the ivory and measuring its height, width and depth? Measuring the amount of wood, let alone the amount of ivory inlay in, say, a chest of drawers is not easy because of the construction. Even with a humble fish knife and fork set, the handle may be ivory, but it is likely to be a thin tube of ivory slid over a metal shank, so the ivory content may appear to be above 10% but in reality may be well below and so qualify for the de minimis exemption.
Indeed, is the supposed ivory ivory at all? Ivory was always an expensive material, so for cheaper items, particular for household use, bone from domestic animals was substituted for ivory. Particularly with small items, it is very hard to tell the difference because the bone was chosen deliberately and with great care to look like ivory. Is my granny’s set of silver-plated fish knives, probably given to her on her wedding in 1911, ivory-handled, or are the handles made of bone chosen to look like ivory? It would take an expert in ivory to tell, and that expertise is not likely to be available to the police, the enforcement officers charged with raiding auctioneers or antique dealers.
The Bill says that items with less than 10% ivory by volume can be sold, but to be sold they have to be registered. We will need to explore in Committee how the registration will work. Whoever is charged with keeping the registry will have a major database problem, given the high number of items that potentially will need to be registered. To work, it will also have to be a low-cost registration process. I have a silver-plated coffee pot with ivory heat insulators in the handle, so that is well below 10% by volume. It is of little monetary value but considerable sentimental value because it was my great-grandfather’s, probably a wedding present from around 1880. Its value on the market would be £50 to £100 if I was lucky. So if the registration cost is £5, say, that might allow it to be sold, but if the cost is £25 then the coffee pot would end up in landfill, which would be a shame because it is quite attractive and someone might love to use it in years to come. More seriously, there are also implications for inheritance tax. If someone more fortunate than me has a valuable item that is more than 10% ivory, and assuming that it forms part of an estate that includes a house, taking the total over the inheritance tax threshold, the item containing ivory would have to be valued for probate. Since it could not be sold, I assume that HMRC would be happy to assign it a nil value—unless HMRC’s intention is that items containing ivory will be exempt from inheritance tax.
There is another problem with the register. As I understand it, the intention is that each item of less than 10% ivory will be given a certificate saying that it is registered and can be sold. So my granny’s fish knives wedding present and my great-grandfather’s coffee pot will have just such a certificate, assuming that the ivory content is less than 10%, as will many thousands of other similar items. These items were mass produced. There are many identical coffee pots, fish knives and forks around. If they were silver, they would have a hallmark that would allow them to be uniquely identified, but they are not; they are silver-plated and so have no distinguishing features from the same anonymous manufacturer’s mass-produced similar items. So the certificate of registration will inevitably find it hard to uniquely identify my granny’s wedding present. In unscrupulous hands, this means that it would be possible to forge certificates or to duplicate them electronically, so making enforcement of the ban by the police impossible. I am sure that we will explore these issues in considerable detail in Committee and on Report.
Coming back to whether the Bill will achieve its objective, which is to stop the slaughter of elephants and the carving of new ivory for sale, my right honourable friend Mr Gove believes that the UK will set an example that the rest of the world will follow and that those countries that currently fuel the demand for new ivory carvings will clamp down on their domestic trade in ivory. I hope they do, although the evidence is that the partial ban in China has only moved the carving of ivory into neighbouring countries and the sale of new ivory has continued, although more discreetly.
However, what effect will the ban have in the UK on the sale of antique ivory, and on having new ivory and passing it off as old? It is unlikely that anyone will try to carve new ivory to look like my granny’s fish knives, but then, they never would have done, as there is no value in doing so. The only value will be in forging new ivory carvings that look like antique museum-quality ivory carvings, which can then be sold. If a faked modern carving passes the vetting, its value will become very large outside the UK—an attractive proposition to criminals.
On the plus side, the Bill will stop the sale of ivory in the UK on eBay, particularly modern ivory trinkets, where perhaps the real problem of new ivory carving lies. But that trade could easily be stopped by much simpler legislation, even if it is not already illegal under existing laws, which it almost certainly is.
Since the Bill already accepts that a vetting panel can identify old ivory from new for the museum exemption and, indeed, would have to for registration purposes, I suggest it would be simpler to extend that to a general licensing system, so that antique ivory can be sold only through authorised dealers and auction houses which can demonstrate to a panel of experts their competence in identifying old from new ivory. Again, we may want to explore this in Committee.
In summary, this is a very worthy but complex Bill which will be hard to enforce and which the police will be unlikely to have the resources to enforce. It will lead to the destruction of many historic antiques, arbitrarily stripping the value from items currently legally owned by voters, and encourage the faking of high-value, museum-quality ivory carvings. All this when there are simpler and more effective ways of achieving the laudable aims of the Bill. In other words, this Bill has all the potential for being another Dangerous Dogs Act. For all its virtue signalling and gesture politics, it will fail to save the life of one single elephant currently roaming the African veldt.
Lord Berkeley of Knighton (CB)
My Lords, I want to bring to the Minster’s attention some specific concerns on behalf of the musical community. I will focus on comments already touched on by the noble Lord, Lord Clement-Jones, the noble Baroness, Lady Quin, and just now the noble Lord, Lord Carrington of Fulham. In passing, I pay tribute to the majestic trumpetings of the noble Lord, Lord Hague, on behalf of the African elephant, but I am afraid that I will focus more on string instruments than trumpets.
Before I do, I must say emphatically that I have no doubt that every member of the musical community is entirely in sympathy with and strongly supports the overriding aims of the Government’s Bill, as do I. However, I have received representation from two very distinguished musicians in particular: the ex-director of the Royal Academy of Music, Sir Curtis Price, and the present director, Jonathan Freeman-Attwood. They focused on young musicians and students, so what follows comes with much academic muscle. Furthermore, we have received expert advice from Peter Beare of Beare’s, the leading maker, repairer and dealer of string instruments, and violins in particular. He has been in touch with Defra for several years but says that just as we seemed to be getting somewhere with the department, the Bill could present a potential setback. The ban could cause real hardship for professional string players, especially young ones and students.
The proposed UK ivory ban has the potential to make life extremely difficult and expensive for almost all violinists, violists and cellists. Beare says that Defra has been extremely helpful in providing an exemption which will cover most of the historic instruments and, perhaps more relevant to most players, their bows. However, there are a few problems. Everyone will need to obtain an exemption certificate from the department before they can apply for a CITES permit that will allow them to sell anything—such as most bows—that has an ivory part, however small. They will be able to obtain these certificates only if they can provide proof that the ivory was used before 1975, which could be difficult in many cases, especially for an 18-year-old student. No bows made after 1975, the date when Asian elephants were listed, will be allowed to be sold, even though the African ivory used for bows was not listed until 1990. As I say, this will particularly hurt younger musicians in the pocket. What are they to do with those dates between 1975 and 1990? It is also proposed that mammoth ivory, extinct and therefore not listed, might be added to the ban. It may astonish noble Lords, as it astonished me, to hear that mammoth has been used as the only suitable replacement by the trade since the 1990s, both on new bows and in restoration work. This potential ban could exacerbate the problem.
Beare suggests that a total, paperwork-free exemption—for example, 5 gram de minimis—for ivory of any sort on bows might be possible. A violin bow face weighs less than 1 gram and a cello bow face about 2 grams. We are talking about tiny amounts. I asked Peter Beare this morning if any other material could be used for new bows and repairs, and he said that metal had been tried but that no material was as good as ivory. However, we are talking about a tiny amount, sourced only ever from elephants who had died of old age or the excavated remains of mammoths. Is it not rather wonderful that the remains of old animals who have led a full and complete life should then sing their way to a form of musical immortality in the hands of young musicians?
Baroness Chalker of Wallasey (Con)
My Lords, after some of the recent speeches on this Bill, I hesitate to make my contribution, which brings us back to the reason we are all here. There is a very real problem. More than three decades ago, I saw the effect on an elephant of having its tusk removed. Having seen that, one has to say that there must be a way to protect these animals—and there must be more than the Ivory Bill. That is the first thing that I want to say. That was referred to by an earlier speaker in this debate, who spoke of the need for development money to be spent in those villages where elephants trample down the shambas and the livelihoods of poorly educated persons are often ruined by stampeding elephants. That is no excuse for the Bill not to take its place on our statute book. I was very interested in the comments made on other rare—or not so rare animals—which become ever rarer, because there is a need, as was said in another place, to look at how we might extend the sort of protection that we consider by means of this Bill to other species.
As noble Lords will know, I have spent much of the last 40 years working on matters African, and in that time I have seen how important animals, particularly elephants, are to tourism and the building up of business in African and Asian countries. I believe that the Bill is balanced because, in its exemptions, it looks to protect rightfully and legitimately held ivory but, at the same time, it helps to bring about a cessation of the ivory poaching going on in so many different ways and in so many different parts of Africa and, indeed, some parts of Asia. It is always a surprise to me to find out how bad the degradation of elephant populations is.
I have spent a little while pursuing the problems of the Niassa province in the north of Mozambique. Anyone who has any understanding of that province will know that it is very poor, very rugged and under pressure from those in the Far East who would buy the ivory. They work through every imaginable sort of illegal trade in east Africa and, to some extent, in southern Africa. The countries are seeking to train and I have always been in awe of the work done by the British Army, under a Defra grant, to help these countries learn to track poachers and prevent them taking the best of an elephant for illicit purposes.
We need a framework to stop the sale of illicit ivory. We may not have got every detail right in the Bill as currently drafted. I was reminded of the potential for this in the speeches by my noble friend Lord Carrington of Fulham and other noble Lords. However, even if we have not got it 100% right yet, we are on the way to putting right something that has been wrong for far too long. I hope the Minister will be able to respond on the question of extending the thinking of the Bill to other endangered species. As someone who spends a lot of recreation time among animals in the bush, I believe that is increasingly important. I cannot underline more strongly the importance of stopping the poaching that is going on. It is highly organised—something that has not been discussed so far—by a wide variety of individuals who are also involved in human and drug trafficking. They do not know any of the boundaries to illegal acts. When the Bill is law, and we have strengthened the capacity of African and Asian countries to protect their elephants and other wildlife, we will also get an enormous amount of information about other illicit trade. That is not the purpose of the Bill, but it is concomitant with it to understand how these organisations work.
Some noble Lords will know the Selous-Niassa corridor, down from Tanzania into Mozambique. It is, sadly, almost unpoliced, and is full of poachers organised from both sides of the Tanzania-Mozambique border, with a lot of Far Eastern planning behind the removal of elephant tusks. There are also problems with the storage of previously found elephant tusks: most of those taken over the last 10 years are still hidden away. That is another aspect of the work anti-poaching squads will be trying to do in many African countries. It may sound as if we are only in favour of the elephant. No, we are not: we are in favour of the heritage of these countries, which have many wild animals attracting an income they would not otherwise have. My noble friend the Minister gave an excellent introduction to the Bill. Will he discuss with other departments what more we can do to help countries protect their own elephants and to help, through development assistance, villages that can be greatly damaged by marauding elephants, as I have seen on many occasions?
Lord Jones of Cheltenham (LD)
My Lords, I welcome this Bill to ban dealing in ivory. It is good that the UK is one of the leading countries legislating in the war against elephant poaching, along with China, Hong Kong and, possibly, the USA. I say possibly because it was reported recently that the US President’s wildlife board will permit wildlife trophies to be brought back to America. A young person told me that if this is true, we may have to change the song “Nellie the Elephant” to remove the words “Trump, trump, trump”.
We are in the midst of a global poaching crisis, which threatens decades of conservation successes as well as the survival of many species: rhinos, lions, tigers, leopards, cheetahs, elephants and, as we have heard today, hippos and pangolins. The illegal wildlife trade is estimated to be the fourth largest transnational illegal trade, after narcotics, counterfeiting and human trafficking, and it is worth up to £19 billion a year.
There are two elements to the problem: the market for ivory, and poaching. The big market for ivory was China, along with Vietnam, Thailand and Indonesia. China is now banning trade in ivory, or it says it is, but elephant populations continue to fall due to illegal killing and other human activities, notably loss of habitat, while seizures of large-scale illegal ivory shipments were at record highs in 2016. In east Africa, where elephant populations have nearly halved in a decade, illegal killing has dropped back to pre-2008 levels, and in southern Africa elephant numbers are stable or increasing. However, in central Africa illegal killing remains high.
Education remains key. I read a survey some time ago which revealed that three-quarters of people in east Asia believe that ivory is a mineral. Documentaries such as those made by Sir David Attenborough and others should be distributed worldwide, particularly to schools, so that the next generation will appreciate better that ivory comes from dead elephants and that wildlife is precious only when it is alive. If the market could be eradicated, poaching would stop, because there would be no point.
However, in the meantime, steps must be taken in those countries where poaching occurs by helping the wildlife wardens to do their job. There needs to be a tangible reward for information on poachers and their whereabouts. When park rangers, game wardens and other law enforcement agencies receive intelligence on poachers, they need to act and need training and equipping to meet the task. This costs money and a long-term commitment, although in reality the finances are marginal in global terms.
I am not in favour of the death penalty, but to stop poaching it may be necessary to eradicate a few poachers until the message sinks in that poachers are effectively on licence all day, every day, of every year, from now on. Botswana’s ministry of wildlife and tourism has a policy of zero tolerance: it does not negotiate with poachers. They are told to lay down their weapons, and if they resist, they do not resist for long.
In some countries, poachers with machine guns use helicopters in their murky exploits. They shoot elephants and rhinos, land, take the ivory or horns and take off again. This is not random poaching; as the noble Baroness, Lady Chalker, said, it is highly financed organised crime. There is now hard evidence that these helicopter missions are linked to terrorism, drug money laundering and arms smuggling. They kill for ivory to fund terrorist activity or drug activity elsewhere in the world.
I favour the bazooka option for the helicopter raids. It needs only a few of these aircraft to be blasted out of the sky to ram home the message that the poachers are not going to win. It follows, therefore, that declaring war on terrorists and terrorism by removing sources of income extends to eliminating the poachers, and this could most usefully be tasked and funded from anti-terrorism budgets.
Our Government, to their credit, have ring-fenced foreign aid. It is about time we spent more of that budget on crushing the four linked crimes of terrorism, gun running, drug money laundering and wildlife poaching, perhaps using the fees for exemption certificates being brought in by this Bill. I note that we are sending more troops to Afghanistan. Perhaps they could be offered some R&R when they return, by training more wildlife wardens in areas where elephant poaching goes on. A few British soldiers armed with portable plastic bazookas should do the trick.
One shining example of where elephant populations are increasing is Botswana; I draw attention to my declared interest in that country. Botswana’s rulers pay attention to, and love, their wildlife. The country’s first President, Seretse Khama, and successive Presidents, knew and know the value of wildlife—not for its ivory and skins, but to attract visitors from around the world to see these magnificent creatures in their natural habitat. I understand that, should noble Lords wish to have elephants on their estates, Botswana will allow as many as you like free of charge; you just need to arrange the transport.
I should like to end with this personal experience. A few years ago, I was on a boat on the River Chobe near Kasane in northern Botswana. In the distance, I could see a large, dark object in the river; it was a very large elephant. As we got closer, I asked the guide why the elephant was there. “She is dying”, he said. “She is in the water to keep cool; she is the matriarch”. All around, there were hundreds, maybe thousands, of elephants of all shapes and sizes. A few weeks later, I went back to ask what had happened to the elephant. I was told that she had died, that the wildlife wardens had dragged her body on to the river bank and removed the tusks—that is what they do with dead elephants in Botswana; the Government take control of the ivory. Then, for hour upon hour, elephants had filed past her in an orderly fashion, touching her body with their trunks; they were her family, paying their respects.
Elephants are amazingly intelligent creatures with feelings, just like humans. In my view, they are far more intelligent than poachers, the organisers of poaching, those involved in the ivory trade and, indeed, the end consumers. Bad humans have caused the current crisis. It is now up to good humans to ensure the species survives by eradicating once and for all the trade in ivory, which has led to the horrible and indefensible crime of poaching. This Bill is one step along that road, and I welcome it.
Lord Cormack (Con)
My Lords, the noble Lord, Lord Jones of Cheltenham, ended on a moving note but it was a remarkably non-pacifist speech before then and I shall think of him in future as “Bazooka Jones”. I was getting rather depressed with this debate during the first six speeches. It did not really turn into a debate until my noble friend Lord Lingfield inserted Disraeli’s paper knife. From then on there has been a degree of balance and real interest in the debate.
There is unanimity in your Lordships’ House about the nobility of the elephant, the necessity to preserve the elephant, and the evil of those who indulge in poaching and make nefarious gains as a result of illicit trade. On all this there is unanimity, and I subscribe to it utterly and totally. There was not a word of the speech of my noble friend Lord Selkirk on elephants with which I did not agree wholeheartedly. However, it is not as simple as that.
I am reminded of the famous instance when, shortly after he became king, Edward VIII said when visiting the Welsh valleys, “Something must be done”. The “something must be done” syndrome is not necessarily the begetter of good legislation. The legislation before your Lordships’ House is well intentioned but flawed. It is not just the road to hell that is paved with good intentions.
The noble Baroness, Lady Miller of Chilthorne Domer—I think that I have the territorial designation right—spoke very passionately about species threatened by the demolition of rainforests. I was very moved by the recent programme in which Her Majesty and David Attenborough walked through the gardens of Buckingham Palace talking about the Queen’s great Commonwealth forest programme, and I agreed with all of that. I remember when the future of the rainforests was debated here, in another place and elsewhere, and I also remember the late Tam Dalyell tackling the King of Spain on a visit to Madrid in 1989, which I had the privilege of leading, but at no stage in that debate did people suggest that in order to preserve the rainforests we should ban the sale of mahogany furniture made in the 18th century. There is an analogy here.
Of course I want to see online sales totally banned and of course I want to see the illicit trade in ivory come to an end, but I also have an interest to declare not just in the heritage of Africa but in the heritage of our country and of Europe. I want to draw attention to the extraordinary importance of many of the finest works of art which were crafted in Europe from the Middle Ages onwards. I think of crucifixes in cathedrals around this continent; I think of small, hand-held devotional figures of the Virgin Mary made in their thousands in Dieppe in the 17th and 18th centuries; and I think too of all the furniture adorned, although not in an extravagant way, with ivory from the 16th and 17th centuries onwards. This is part of the warp and weft of our civilisation and our history, and, although it is not the Minister’s intention, in this Bill we are in danger of trashing much of our history.
My noble friends Lord de Mauley and Lord Carrington of Fulham both gave examples and instances of how difficult it will be to measure the 10% or, in the case of musical instruments, the 20%. This will lead to a bureaucratic minefield if we are not careful. How many elephants will be saved by the rigorous application of these rules and regulations, and how many extinct mammoths—extinct for millennia—will be brought back by musicians having mammoth ivory in their instruments? We have to get this in perspective but I fear that the Bill does not do that.
I am delighted that there is an exemption for miniatures. Much of the provincial as well as the national history of our country is told in miniature paintings. You can go to country house after country house, many of them in the possession of the National Trust, and see miniatures of family members who played an enormous part in that particular locality two or three centuries ago.
I wonder how many noble Lords have read Edmund de Waal’s fascinating book, published about four years ago, The Hare with Amber Eyes. It was a moving account of a collection of Japanese netsuke—those little toggles that the Japanese were so wonderfully accomplished in making. How much ivory is involved? A tiny bit, and yet they are not encompassed by this. How many would qualify as objects of great artistic and cultural importance? Some, undoubtedly, but the majority not. Yet some people have made it their life’s work to collect them, entirely legitimately and properly, and even a modest collection can be worth tens of thousands of pounds. Do we really want to support a Bill that sequesters private property in that way and destroys the nest egg of the teacher or the doctor who has collected over the years? That applies particularly to the more domestic things. One of my noble friends mentioned theatre tickets, and there were ivory race tickets too. They are objects of no great beauty and intrinsically of no great value, and yet they help to tell the story of the social history of our country in the 18th century. Are we really saying that the teacher I once met, on a very modest income, who had amassed a significant collection of these things, can keep them as their property or can give them away, but cannot sell them to realise on them to augment their pension?
We are entering deep waters here and it is not helpful for this House to approve legislation, the consequences of which have not been fully thought through. Of course we must do everything we can do deal with poaching; of course we must help those countries in Africa that need help; of course we must follow the advice of the noble Lord, Lord Jones, and my noble friend Lady Chalker and others. But do we really need a Bill this long in this detail, with all its powers for the invasion of privacy, searching out people who have acquired things entirely legitimately and treating them as if they are criminals? That is wrong and it is not in the spirit of our country.
Somebody talked about museum quality. But what is museum quality for the Victoria and Albert Museum here in London is not necessarily the same as museum quality in the city in which I am privileged to live, Lincoln, to which the noble Lord, Lord Boateng, came about 18 months ago and delivered a splendid talk. There are things that we would wish to have in our museum, relating to Lincolnshire families and to Lincolnshire people, that would not be of the remotest interest to the V&A. It is subjective. I believe that, when this Bill goes to Committee, we will have to look at these points very carefully.
Do we really have to boast that our regime is stricter than almost any other regime in the world? In France—where they actually did win the World Cup—they do it with a little more finesse. Of course, online sales are banned completely, dealers have to be registered and certain things have to have certificates, but it could be done in a gentler way. We do not need this complex, draconian legislation. We need to put all our emphasis on the preservation of the living elephants and those that will live in the future—and other species too. But that does not mean that we have to cast doubts on those wonderful walrus ivory chess men from the Isle of Lewis, which are one of the great treasures of the British Museum. Let us get this in perspective and try to improve this Bill, which has an admirable aim but which is sadly deficient in many particulars.
Lord Inglewood (Non-Afl)
My Lords, in my contribution to this Second Reading debate I will concentrate on the relationship between ivory, works of art, conservation and the international art market. I declare my interests: I am president of the British Art Market Federation, which is a national umbrella body for the art trade in this country, and I was chairman of the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest for 10 years. I am also the owner of a few ivory objects, of which only two—an early 19th-century ebony table, which is inlaid, and a Broadwood piano almost identical to the one owned by Beethoven—have any significant value as far as I know. I also have an interest in conservation generally, being president of the Cumbria Wildlife Trust.
Ivory is an extraordinary and romantic substance, which in days gone by was believed to have almost magical properties often associated with royalty. After all, the description of King Solomon’s throne in the books of Kings and Chronicles is witness to that, while for example, the throne of Maximianus in Ravenna, which dates from about 550, is, as anyone who has ever seen it knows, a significant and supremely moving historic and artistic object. Indeed, more recently, the ivory throne of Travancore in the Royal Collection was one of the stars of the Great Exhibition of 1851. As we all know, ivory has over the years been used for works of art of very real significance. However, what is interesting to me is that this manifests itself in two rather different ways: the object might be made of ivory, or it may be ornamented and/or embellished with ivory. The two are rather different.
As everyone speaking in this debate knows, there is a very real danger that elephants might become extinct because of the illegal activities of poachers feeding the eastern Asian market, where intricate ivory carvings are much esteemed and valued. Let us be clear: there are a certain number of these still in the United Kingdom because of our imperial past, which I understand are being exported quickly now in anticipation of the imminent ban. But we should be countering the demand of the Asian market, which is fuelled by a taste that to us seems somewhat alien and is reinforced by money—sometimes very large amounts of money.
While it could be argued that a universal ban on the trade in worked and raw ivory may not necessarily be the optimum way of dealing with this problem, it is no part of my case to argue that now. Rather, in the context of the Bill, I endorse the proposition that a ban with certain exemptions is the right way forward, since a universal ban would put us on a par with the iconoclasts of Byzantium, the extreme 17th-century Protestant reformers and today’s fundamental iconoclastic Islam. For that reason, I endorse the principles contained in Clauses 2, 6 and 9 of the Bill so long as they are actually implemented in accord with common sense and logic. I have certain quibbles about the details in respect of that.
I return to the issue of east Asian taste, which, as I have already commented, is for carved ivory which comes from chunks of ivory. As I said, much ivory here in the United Kingdom is essentially decorative and comprises inlay, marquetry and such things, which is generally but not absolutely invariably western taste. This is a form of ivory for which demand from east Asia is more or less non-existent because it is used in thin, shard-like fragments and tiny knobs for drawer handles and so on. Indeed, were this not so, so-called “brown furniture”—the market for which is currently depreciated—would be being acquired by dealers at rock-bottom prices, the ivory removed for onward sale, and the tropical hardwoods from which the furniture was made cast aside.
But this does not appear to be happening and suggests—as the noble Baroness, Lady Quin, and the noble Lord, Lord Berkeley, said in respect of musical instruments—that this material is not part of the international trade in ivory which we all want to stifle. As a generalisation, exemptions relating to Clause 8 —musical instruments—and Clause 7—pre-1975 items containing minimal quantities of ivory—concern items that are not in general desirable to the Asiatic market. Having said that, I am pleased because it is right that we have these exemptions, although there is a case for saying that the de minimis threshold is somewhat niggardly and outside international norms.
What to me is perverse in all these circumstances is the almost Kafkaesque process of registration outlined in Clause 10. It is particularly so in the case of Clause 7 items, where the cost of registration may well exceed the value of the item in question and the ivory elements of which are of little or no interest to the Asian market—which is, after all, the root cause of the elephant’s plight.
In the light of the consultation undertaken by the British Art Market Federation, and of the private researches I have carried out with local auctioneers I know in the north of England, it is well nigh certain that substantial quantities of antique items of considerable quality and age will end up at the tip because of a combination of the cost and trouble of registration. These items are not doing harm to anyone or anything, and simply do not merit such bureaucracy or treatment. The reality is that much or probably most of what comes on to the market of this kind now is the result of deceased estates and downsizing. The bureaucracy involved in registration is so onerous in one way or another that a fair amount of ivory and tropical hardwood is going to end up at the tip. Gestures of this kind, it seems to me, are not going to save a single elephant or preserve a single tree in the rainforest. As drafted, this measure looks simply silly, philistine and not properly thought through.
I turn finally to what has been touched on by a number of other speakers: what I might call the enforcement provisions, which I have discussed with my noble friend Lady Vere and her officials together with representatives of the British Art Market Federation and lawyers. As drafted, they appear to single out this sector for especially oppressive treatment, a view shared by a number of eminent lawyers. However, when we met she kindly agreed to review this point and engage further with it at a later stage of the Bill—something that I trust my noble friend can confirm later from the Dispatch Box.
This Bill merits general support but with a little tweaking, it could become excellent legislation which I could wholeheartedly endorse.
Baroness Flather (CB)
My Lords, everyone who has spoken in the debate supports the Bill, and it really is motherhood and apple pie, or whatever they say. We cannot not support the Bill, because it is long overdue and ought to be supported. However, I want to share a little of my heritage as regards elephants because I do not think that anyone else who has spoken comes from an area where they grew up with them. Perhaps some other noble Lords did, I do not know, but they have not said so.
I come from India, where elephants are an integral part of our lives. They do not just roam around parks, they are trained to work. There are elephant farms where they work, but you cannot do that with African elephants. Indian elephants are kept in temples where they are an integral part of temple life. Everyone who goes to a temple is blessed by an elephant for one or two rupees. That is the kind of thing we grew up with. In India, elephants are treated with reverence and kindness. They are not considered to be just those lolloping animals who can be got rid of any time you like.
I do not know how much poaching goes on in India, but Hindu Indians are mostly very conscious of the elephant’s qualities and what the elephant stands for. We have a god with an elephant head who is always supposed to do good. Any festival or any such thing must start with a prayer to him first. Elephants are very much a part of our lives. From my life in India, I remember that elephants were not considered animals to be poached, killed and got rid of. I do not know how bad things have become since then.
My husband and I bought our first two ivory items in India in 1976. We bought them from a government shop. Even then, it was not a good idea to buy ivory from anywhere but government shops. They gave us a certificate to say that the items were from a government shop and did not come from poached ivory or an elephant that has been killed. We brought the items to England and declared them. With the certificates, we were allowed to take them home, but even at that time they wanted to know where the ivory items had come from, where we had bought them and whether they were all right.
I am trying to say that awareness of ivory use and what it may cause has been going on for a long time—it is just that the controls have never been properly enforced. There has not been anything strict enough to make a big difference. I hope that this Bill will make a big difference and that people will become conscious of this issue. The noble Lord, Lord Hague, said that we must stop people wanting ivory. We cannot do that. I will always want ivory, but I will never buy it again, even without a Bill. Once you know what it can lead to, you change your view, but that does not mean that you can stop liking something that you have always liked and enjoyed. I hope that the Bill works and things change. We went to Kenya in 1980. At that time, they were talking about culling the elephants because there were so many of them in the parks that they did not have enough food. That seemed so strange; perhaps I misunderstood, but I do not think that I did. They said, “We have too many elephants”. Clearly things have changed since then.
I think that the noble Lord, Lord Gardiner, talked about previous generations. I think that they did not need to worry as much as we do because the population has increased in leaps and bounds. People do not like to talk about population, but the population of Africa and India is going up and up. There are more poor people who have little access to food and the things that they need to live. What do they see? An elephant. To them, it is not a great beautiful beast; it is food. We have to understand that we are in a different ball game now because there are so many more people in the world than before. It is quite depressing to think that so many things will change. We talk about rainforests, forests and habitats, which are going all the time. It is said that in the Amazon jungle, an area the size of a town is destroyed and burned for agriculture every day. We are living in a world that, one way or another, we are destroying every day. It is obviously essential to do whatever we can to preserve what we still have.
The noble Lord, Lord Grantchester, talked about the other species whose tusks or teeth can be used. I saw that the Labour Party put forward an amendment in the other place that was lost. I hope that it will come again and not be lost in this House. When people cannot get ivory tusks, they will go for whatever else they can get, so let us give this legislation a fair wind and see what happens. Even now, we may have to stop the selling of ivory of any kind, even if it has a certificate, because everything will eventually age to the point where a certificate can be created. Let us hope that we are on the right road.
Lord Crathorne (Con)
My Lords, the Government’s aim to reduce the poaching of elephants for their tusks is an entirely laudable one. I have been lucky enough to see these magnificent animals in the wild in Botswana and it is one of the great experiences of my life; a world without elephants is unthinkable.
The concern about this well-intentioned Bill is that it is unlikely to deter poachers, and this point has been made several times. A spokesman for TRAFFIC—the leading research organisation into the trade in endangered species—has stated that it is the booming Asian market that drives the poachers, and to a much lesser extent the western European market. The headline of the current issue of the Art Newspaper states:
“The UK’s ban on ivory sales will not protect the elephants”.
I think we are all totally in favour of protecting elephants, so we must look at some of the Bill’s provisions to see if we can suggest minor improvements. The Defra report, which the Minister quoted, says:
“The Ivory Bill will be the toughest in Europe and amongst the toughest in the world. It will prevent the poaching of elephants by introducing a total ban”.
It will be completely brilliant if that is so, but it simply will not be.
A question was raised by my noble friend Lord De Mauley about the owners of ivory items. First, there is no compensation if you own ivory and an awful lot of people will lose out financially—in some cases, quite substantially. Then there is the rather complicated question of whether you are breaking the law or not. It will not be that difficult to be criminalised, quite unknowingly. My noble friend Lord De Mauley mentioned the example of a bring-and-buy sale, where somebody is selling something that contravenes the law. The Bill is pretty draconian; you can go to prison for up to five years, so there is quite a substantial risk if you get things wrong. I thought France had done rather well with this, through a rather enlightened approach, by permitting the sale within the EU of all ivory carved before a date in 1947, which was accepted by the Convention on International Trade in Endangered Species. There, you merely notify the Government of the sale.
We have heard about the exemptions in the Bill and I have a question for the Minister. It seems slightly odd to have 10% ivory for one exemption and 20% for another. I wonder whether it could be a similar figure for both—I hope for 20% rather than 10%. My noble friend Lord Carrington of Fulham explained the complications of this and the worry about the enormous number of people involved in trying to sort this out.
We then have items of,
“outstandingly high artistic, cultural or historical value”—
the rarest and most important item of their type. Again, that is pretty difficult to sort out. Having spent part of my life working with experts in various fields, I know that they do not really agree. To get someone to say, “This is of outstandingly high artistic value”, will be quite a complicated business. Just “high artistic value” might be better than “outstandingly high”, because there will be so many disagreements about what is outstandingly high and it is very difficult to judge.
Something in the Bill surprised me slightly. My noble friend Lord Cormack mentioned religious artefacts. I would have thought that “outstandingly high artistic, cultural, historical or religious artefacts” would be better in the Bill. For thousands of years religious artefacts were made from ivory and have been and are much venerated. That is something we should look at.
The date of 1918 has been set in the Bill. It is slightly arbitrary, but I imagine that it is simply because it is 100 years ago. Items produced after that cannot be sold except for limited exceptions. Again, my noble friend Lord Carrington of Fulham mentioned art deco pieces. Think of the quite amazingly beautiful art deco pieces with lots of ivory in them. At a stroke they will become valueless. Indeed, people collect those things. There will be people with collections that will become valueless. I suppose they will be able to send them abroad for sale. Paris will be the beneficiary of that. That date seems quite arbitrary. Could we not extend it to 1947? That would cover much more ground.
It was in around 1918 that Sir Victor Sassoon was forming his superb collection of more than 500 Chinese ivories. The collection was given to the British Museum by the Sir Victor Sassoon Chinese Ivories Trust. I was at the British Museum on 27 June when the director, Hartwig Fischer, launched the museum’s most recent review, which contained a lot of information about the gift of ivories. To my great surprise, in the question and answer period one journalist, I think from the Times, asked the director whether it was appropriate for the museum to accept a gift of items of ivory at this sensitive time. The implication in the way the question was asked was that destroying them might be a better option. I cannot imagine a better repository for those extraordinary items, created centuries ago. They will be cared for in the British Museum. They will be seen by the public and available for scholars. I thought it sad that somebody felt it was wrong for fine items of ivory to end up in public collections. The director of course defended the acceptance of the gift, rightly adding that not accepting it would not save a single elephant’s life today.
This morning, a group of 70 members of the All-Party Parliamentary Arts and Heritage Group visited the British Museum to see the Rodin exhibition. If any of your Lordships have not seen it, they ought to try to go. I mention that because I had a chance to talk to the director. He said he thought that one of the problems with the whole discussion about ivory is the non-separation of the old ivory created and carved many years ago, when there was a great abundance of elephants, from the poaching of ivory now and the sale and use of raw ivory supplying the Asian market.
I think the Bill is sadly unlikely to deter the poachers and the illicit raw ivory trade, but certainly anyone now contravening the Bill, when it becomes an Act, will be very severely dealt with: spending five years in prison is quite a threat. I look forward to hearing the Minister’s reply and, in spite of some of our misgivings today, I hope the Bill will help ensure the survival of these absolutely magnificent animals.
Baroness Fookes (Con)
My Lords, unlike the noble Baroness, Lady Flather, I did not grow up knowing elephants, but I do have a vivid recollection of a safari trip I made many years ago—not at Treetops but somewhere similar, with a watering hole. We were told that the animals would probably come during the night, a bell would ring and if we wished we could get up to see them. The bell rang and I shot up—I was younger in those days—and one of the things that stood out for me, among the other animals coming, was a little family of elephants: two adults and two very frolicsome youngsters. In fact, they were behaving slightly badly and one of the elder elephants gave them a bit of a cuff—you know, “Just behave yourselves”. That has stayed with me for evermore and it reminded me of the story by the noble Lord, Lord Jones of Cheltenham, about the wonderful ending of that matriarchal elephant. I saw them young; he saw one very old. They are remarkable and something to be cherished and preserved.
I do not take the view of some of those in the debate who fear that the Bill, though well intentioned, really will not do any good. I thought that my noble friend the Minister made a very strong case for the good that the Bill could do, and he was ably and powerfully supported by my noble friends Lord Hague and Lady Chalker. They have an immense knowledge of Africa and have done a great deal and, if I have to choose between the doubters and those two, I am going to support my noble friends: they made very powerful cases indeed.
We have all been horrified by the number of elephants killed, but nobody has actually mentioned the suffering in their deaths. I suspect that the poachers are pretty vicious and I am quite sure that they are capable of bringing an animal down, not killing it completely and still hacking off its tusks. I do not really want to think about that too much, but it is something we should remember because it is all too likely to happen. I realise that the Bill, when it becomes an Act, will not do everything and I think there is a very important case for trying to encourage, perhaps through other departments, the value of providing alternative livelihoods for people in these countries. It will not affect the poachers, who are obviously after something far bigger and more vicious, but we should try to encourage in every way possible that the elephants and other wildlife should be seen as an economic advantage, through tourism and various other ways of using them to best advantage while we preserve them. I hope that my noble friend will look at that, although I realise that it goes far beyond the Bill.
I am also anxious that we should take pretty urgent steps to include ivory from other animals—rhinoceroses and so forth. We can see that if there is a market—and everybody keeps telling us that there is a market for ivory, particularly in the Far East—people will obviously go for alternatives to elephant ivory if it exists. Very often in this place we do not know all the unintended consequences of Bills that we pass, but we can be pretty sure that if we ban ivory from elephants people will look for alternatives. I hope my noble friend will make full use of the ability in the Bill to act fast. I believe there are consultations going on, and I hope they will not take for ever because this is very important.
I have one other, slightly quirky point. As a former chairman of the Delegated Powers and Regulatory Reform Committee, I looked with interest at the departmental brief which the committee will be looking at between now and when the Bill comes back in Committee. I notice that there are at least five occasions when statutory guidance will be given by the Secretary of State and there is to be no parliamentary intervention. My antennae twitched slightly at that. No doubt this will be looked at it, and maybe I am worrying unduly, but delegated legislation often has a very important impact on a Bill and how it is to operate. I simply make that passing reference and hope it will be taken on board.
I listened with interest and some concern to those who are interested in the world of works of art, who spoke about the possible impact of the limited exemptions which will exist. That is not something I feel particularly confident about pontificating on, but I hope that during the passage of the Bill reasonable points can be made, perhaps in Committee, to deal with some of that. Broadly, I think the exemptions are right and provide a very good balance between banning all ivory products entirely and allowing exemptions. I look forward to more detailed progress, but in the meantime I warmly support the introduction of the Bill.
The Earl of Kinnoull (CB)
My Lords, it is a great pleasure to follow the noble Baroness, Lady Fookes, who made another compelling speech in this very interesting Second Reading of the important Bill before us. Like every noble Lord here this afternoon, I am wholly behind the central aim in the Bill of doing what we can to frustrate elephant poaching.
A few years ago, I was in the Selous in Tanzania. This area, the size of Switzerland, has no resident human population. On successive days our party saw a recently vacated poachers’ camp and was charged by an elephant in rude health. Those two experiences very much stimulate my enthusiasm for the Bill’s central aim. I declare my interests as set out in the register of the House: in particular, as chairman or trustee of three charities that run between them five museums; and, for reasons that will come later in my remarks, in respect of the insurance industry where I have had decades of experience of insuring heritage objects. I will confine my remarks to the exemption provisions in the Bill and to considering the positions of ordinary citizens, museums and insured parties.
On ordinary citizens, I was looking through the catalogue of a major regional auction house’s fine furniture sale last week and noted that just over 10 items out of 400 or so had ivory inlay or other low-ivory content. Examples from the catalogue were a dressing-table mirror with four small ivory embellishments, a chest of drawers with ivory surrounds to the keyholes and a box with ivory inlay. The estimated prices for these objects were mainly below £200 and the lowest was £80. I visited our local antiques centre last weekend in Perthshire and started looking around for objects with low-ivory content. They started at less than £10 and a substantial number of such objects was available.
I conclude, and I think everyone knows, that the total number of low-ivory-content objects in the UK is enormous. The Explanatory Notes refer to an online government registration website with alternative telephone and postal methods. These could be very busy. Could the Minister give some further detail about the registration system and its cost? I feel that getting this right, with particular emphasis on the low-ivory-content objects, is an important part of encouraging ordinary citizens to buy into the Bill, which involves the change in attitude that the noble Lord, Lord Hague of Richmond, who is not in his place, spoke of. If everyone is to ignore the registration, we will not change any attitudes and the Bill will have little effect.
I turn to museums. In my long experience, the buying and selling of solid-ivory objects is pretty rare. Indeed, in all my time on various boards, I can recall only one sale of a small number of ivory objects a few years ago, which was done because they were not core to the museum’s collections and we needed some help with the roof. Far more common is the lending of objects for specific exhibitions. Again, in my experience the large majority of loans affected by the Bill concerned objects with low-ivory content. For many years, ivory inlay was a popular way of embellishing special items. The standard museum loan agreement does not normally share gate money, although occasionally it does. What is very common is to agree to share money from images sold, for example, from postcards. In addition, the lending institution may receive catalogues and other benefits, and will definitely receive invitations to opening receptions with glasses of champagne. Can the Minister therefore provide some comfort that such loan arrangements, including the sharing of gate money, would not constitute a hire under the Bill and therefore be an offence, and that nothing in the Bill is intended to interfere with current, ethically sound inter-museum lending practices?
I close with some insurance difficulties. The problem here is what happens following a theft. Under an insurance contract, the insurer pays the insured but then becomes the owner of the stolen object. An insured item of low-ivory content may or may not be registered and may or may not have been photographed. I am therefore concerned that the change in ownership under an insurance claim could be illegal, and thus no claim could be paid for an unregistered item. This would seem an undesirable result, given that I do not believe that the payment of such a claim could in any way detract from the Government’s admirable central aim of frustrating elephant poaching. A solid-ivory object owned by a private client would not be insurable for theft. Would the Minister agree to meet to discuss whether a bona fide insurance payout should also be represented in the “Other exemptions” under the Bill, with whatever safeguards are suitable? In the meantime I, along with everyone else, wish this important Bill a speedy passage.
Earl Attlee (Con)
My Lords, I support the Bill for all the reasons that the Minister has skilfully put to the House, and I agree with everything that he said. So far as I am concerned, elephants win over business and wealth. As for the timing of the Bill, I too hope that we can get the Bill passed before the IWT conference in the autumn while at the same time giving the Bill the scrutiny that it deserves. My position on my own ivory is exactly the same as that of the Minister.
The noble Lord, Lord St John of Bletso, was the first speaker to make the very good point about online sales. As I read the Bill, a person who offers ivory online is caught by Clause 1. Can my noble friend the Minister confirm that the operator of an online platform is also caught by Clause 12, which prohibits the facilitation of the sale? The difficulty is that an online offer for sale can claim that the article is certified and exempted and therefore not caught by Clause 1, and the online platform operator can therefore claim that Clause 12 does not apply either. In Committee, the Minister will have to convince us that there is no loophole with online sales.
I will seek to tread cautiously, but I detect some vested interests at play. Of course it is vital that we look at this legislation with great care. It is interesting to note that when I recently opposed provisions in a government Bill that would ban the sale of certain deactivated firearms, I had almost no support from my Back-Bench colleagues apart from, ironically, my noble friend Lord Crathorne. However, that Act—as it is now—significantly reduced the value of many people’s collections of deactivated firearms, as they could not be sold. In some cases, the loss was in excess of £1 million. Indeed, I was slightly affected to the extent of about £100. Fortunately, due to the good sense of the Home Office Ministers and officials involved, your Lordships’ House passed amendments which, in time, should solve the problem.
In this debate, we now have several experienced Members of your Lordships’ House quite properly expressing concerns about the loss of value to collectors and individuals. I have to say that in many cases the answer surely is to give the items away, not sell them. There is no need to discard the items, although I recently did so for a very small item. I hesitate to say this, but could this difference in interest be something to do with the relevant socioeconomic groups of those who collect deactivated firearms and those who collect antiques and ivory?
I have some concerns about the detail of the Bill. The first concerns inheritance tax. I declare an interest, as my family is winding up my late mother’s estate, but the effect of the Bill is at the bottom end of negligible so far as it concerns IHT—I know IHT affects only certain socioeconomic groups. Does the Minister agree with my noble friend Lord Carrington that the correct probate value now for an item of ivory caught by the Bill is zero because it will not be possible to sell it in the future?
It must also surely be possible that IHT has recently been paid on a genuine ivory antique that the family concerned would never want to sell. However, with the passing of this Bill, even if they were in severe financial distress, they could still not sell the item. It would be purely an ornament and not an asset, but nevertheless IHT had recently been paid on it. Is the Minister sure that this is a fair situation?
In principle, I have never been happy about civil penalties, except for matters such as motoring offences. Civil penalties are provided for in the Bill, and I share the concerns of my noble friend Lord De Mauley. The overall aim of the Bill is to reduce the international value of ivory in order to reduce the poaching of elephants. Once the Bill is passed, in reality no respectable person or business will sell ivory, and the desired effect will be achieved.
As I see it, three things can go wrong in terms of compliance. Perhaps two individuals might make a very small sale of ivory between themselves. If caught, a caution would be appropriate, or it could be dealt with summarily in the magistrates’ court by means of a modest fine. If an individual is contemplating making a higher value sale then the magistrates’ court, I suggest, is a good deterrent. In the case of a business illegally trading in ivory, that might be a matter for indictment that attracts unlimited fines, as noble Lords will be aware. Therefore, it is not clear to me why we need a civil penalties regime, and I fear the scenario outlined by my noble friend Lord De Mauley. I hope that my noble friend the Minister can either explain that this evening or perhaps write to me.
In conclusion, I support the Bill and will do so during future stages, while helpfully ensuring that the Bill does what it says on the tin.
Baroness Rawlings (Con)
My Lords, I declare my interest as a former president of the British Antique Dealers’ Association. I am sure that your Lordships agree that we should all be extremely proud that the UK represents the largest art and antiques market in Europe and the second largest in the world. Through its specialist dealers and major auction houses, it offers a concentrated source of expertise and knowledge, unmatched anywhere in the world.
I warmly welcome the aims of the Bill and its desire to conserve elephant populations. The appalling slaughter of the African elephant in such large numbers in recent years is a matter of grave concern to us all. The Government should be proud of the action that they have already taken to tackle the illegal wildlife trade and protect elephants from being poached. This action includes expanded British military training in anti-poaching skills for African park rangers, a project with China to deliver training to African border forces, and additional funding for Interpol to increase its work with key nations in tracking shipments of ivory. As we have heard from many noble Lords this afternoon, we hosted the Illegal Wildlife Trade Conference four years ago, and another is due here in the autumn. I therefore think that we are selling ourselves a little short when we say that we are lagging behind other countries in our fight against elephant poaching.
It is recognised that China is the world’s largest market for ivory, where it has been continuously imported as a raw material up until the end of last year. As recently as 2008, 62 tonnes of ivory tusks were released from Africa and sold to China. Hong Kong’s official stockpile of ivory in 2015 amounted to 78 tonnes. I mention these figures to provide context for the situation in the UK, where our market is not one of ivory as a commodity but of antiques, some of which happen to incorporate ivory.
It is on our cultural heritage that I really wish to reflect. I am fascinated by the evolution of mankind’s cultural and artistic development, as seen through the monuments, works of art and domestic items that earlier generations have left behind. We have access today to many objects from earlier times that were created under conditions of which we would not now approve. It is inevitable that items created in earlier centuries will reflect the social, economic and political norms of their era. The most obvious example is books. The views espoused in some printed matter from the past might now be abhorrent to many, but we do not ban its sale. The people who read those books today are well able to interpret the opinions they contain in the context of the period in which they were written. I believe that we should take the same approach with old artefacts that incorporate ivory.
We recognise that the ivory found today in antique objects came historically from thousands of dead elephants, some of which died from natural causes and others, sadly, were killed for their tusks. But I believe the British public are all intelligent enough to understand that buying an antique that incorporates old ivory does not mean they approve of objects made from modern, poached ivory.
This contrasts enormously with the attitude of some Asian buyers. As we have heard, they have a culture of acquiring ivory for its own sake, regardless of age, and they generally do so in the form of solid ivory carvings, many sold by weight. It should also be noted that Asian buyers buy fewer western antiques; attempts to interest them in doing so have largely proved unsuccessful. The British Antique Dealers’ Association has been trying for several years to garner more interest from Chinese buyers in items such as English antique furniture or silver, and it has proved an uphill struggle. In 2013, the European Fine Art Foundation, which runs the world’s most significant art fair, in Maastricht, gave up its plans for a fair in Beijing.
The vast majority of western antiques containing ivory are not therefore exported to the Far East. Consequently, despite claims to the contrary, they do not contribute to the vast market for ivory carvings that exists in China, Hong Kong and other countries in Asia, such as Vietnam. There is not even the danger of such items being mixed in with the carvings on sale in the ivory shops of Hong Kong. When did anyone last spot a 19th-century English silver teapot with carved ivory handle sharing shelf space with rows of modern, cellophane-wrapped carved Buddhas?
The structure of the Bill provides a framework for measures to prevent modern ivory trinkets being offered for sale. Such trinkets include solid ivory tourist carvings that may have been acquired legally in the 1940s or 1950s but hold no real cultural significance, either for the people who made them or for mankind in general. However, I urge your Lordships to be aware that, as presently worded, the Bill will have a significant impact on the future of many culturally or historically important objects that do not meet the extremely limited exemption criteria, particularly items containing 10% or more ivory that fall foul of the Clause 2 criteria.
I will explain my concerns more precisely. The Bill allows people to continue to own any ivory items that do not qualify for those exemptions. It also lets owners give them away or pass them on to their beneficiaries on death. I realise that some of your Lordships may imagine that this would be sufficient to protect these items for future generations. I cannot, however, agree that these items will be protected. When the owners of prohibited cultural property die, their objects will not necessarily be wanted or appreciated by their remaining family members. Museums will not automatically accept every gift offered to them; they have neither the storage space nor the funds to look after them. Furthermore, museums may well be unwilling to accept artefacts already represented in their collections.
If the objects have no financial value, there will be no incentive for an indifferent or busy executor or beneficiary to bother to find a new owner. As my noble friend Lord De Mauley said, many items will be abandoned or thrown away. Even if not discarded, because they lack a resale value, there will be no financial incentive to spend money on having them restored or conserved for posterity. I am concerned not only for the artefacts themselves but for the preservation of examples of our social history. We should all remember that antiques have a big following in Britain, as the viewing figures for “Antiques Roadshow” show.
Although the Government have published an estimated cost to businesses, they have not attempted to quantify the cost to individuals of rendering their treasured antique possessions worthless. Dealers and auction houses are merely the conduit between one permanent owner and the next. For every item currently in a dealer’s stock or being handled by an auction house, there will be many more similar items held privately. The potential losses must be considerably larger to citizens than to businesses. Can the Minister therefore inform me whether the Government have attempted to compute the loss to the Exchequer arising from this measure, as it will undoubtedly make a dent in the tax take from both inheritance tax and capital gains tax?
We should also consider the works of art that emanate from cultures in other parts of the world, many of which have ended up in this country. Ivory has been regularly used in religious artefacts, as the noble Baroness, Lady Flather, mentioned, whether crucifixes or carvings of Hindu deities. If these religious objects end up discarded, would that not amount to a form of iconoclasm?
The use of ivory is prevalent, as we have heard, in Indian, Asian and African culture. Although we do not wish to encourage the purchase of modern-day ivory trinkets by people of the Far East, we cannot write off the figural carvings of high aesthetic appeal from the Ming dynasty, or the high-quality Guangzhou tribute pieces that were made for the Chinese imperial court. While introducing their ban on modern carving workshops, the Chinese themselves will continue to recognise their own cultural inheritance by permitting auction sales of cultural relics. Is it our place to dismiss the culture of such a great civilisation in such a way?
The same may be said of Japanese culture. As my noble friend Lord Cormack said in his eloquent speech, you have only to read Edmund de Waal’s book The Hare with Amber Eyes to appreciate the lure of those masterpieces of the carver’s art in boxwood, porcelain, lacquer or ivory: the netsuke. How many netsuke made from ivory will be rendered valueless, as my noble friend said, while their wooden counterparts of similar artistic merit will continue to be sold?
It is normal for this House to ponder matters in a less hurried way than is sometimes the case in the other place. After this fascinating debate this afternoon, with so many interesting and different views, I hope that your Lordships will give careful thought to these concerns. Essentially, this is a good Bill which has cross-party support, but it could be improved by making certain that it creates the correct balance between recognising our cultural heritage and providing the framework for prohibiting the sale of modern-day ivory in Britain—and of course protecting the elephant.
I started by stressing the importance of and need for change. It would be perfectly possible to introduce effective amendments without delaying the Bill’s passage or in any way watering down the important message it sends out to other countries about the serious attitude we take to elephant poaching. We might all agree that we surely do not want to live in an ivory tower.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, this has been a most interesting and informative debate, and I thank the Minister for his comprehensive introduction. We have heard a number of arguments for and against a total ban on the sale of ivory in the UK. We on these Benches fully support the Bill. Unlike others, I am not an expert on this subject; like the noble Baroness, Lady Fookes, I fall into the category of a tourist who has enjoyed seeing elephants in Kenya.
I took part in the debate before Christmas on 21 December, and many of the arguments deployed then have been repeated here today. A great deal of thought has gone into the Bill and it has, as has been said, cross-party support both here and in the other place. Your Lordships will be pleased to know that I shall not go through it clause by clause, as that is for Committee.
Elephants, both African and Asian, are iconic species, gentle giants of two continents, the male of which has the great misfortune to have magnificent tusks, which are prized for their ability to be carved into objects of beauty. This has led to the elephant being butchered in large numbers. Currently 55 elephants are killed every day for their ivory, as the Minister said.
The poaching of elephant ivory will continue until its value is diminished to such an extent that it is worthless as a currency. The USA and China have closed their domestic ivory markets; however, this leaves Vietnam and other Asian countries continuing to trade in ivory and the Vietnamese trade appears to be expanding. The UK must show the way by banning this trade and demonstrating to countries like Vietnam that ivory is not an economic currency; it should follow our example and ban its trade. I was very interested in the contribution of the noble Baroness, Lady Flather, regarding the Asian elephant and its place in the community.
Poaching is on the increase and the illegal wildlife trade has grown to such an extent that it is now, as we have heard, the fourth-largest transnational illegal trade, worth over £15 billion per year, as the noble Lord, Lord Grantchester, said. This trade drives corruption, threatens sustainable development and has been linked to organised crime, such as arms, drugs and human trafficking, as the noble Baroness, Lady Chalker of Wallasey, has indicated. It is big business. We can help by taking the value out of the market. We can help countries such as Uganda, Gabon and Botswana to successfully challenge and prevent poaching. I am grateful to the noble Lord, Lord Jones of Cheltenham, for his moving story about the death of the matriarchal elephant.
In Gabon alone, 80% of forest elephants have been taken by poachers, as the noble Lord, Lord Hague, so eloquently said. Assisting countries and communities where elephants live to share the space with these animals could also reap benefits. While the UK is not one of the countries actively involved in the illegal ivory trade, there is evidence that our legal market is being used to launder illegal ivory. As many noble Lords have mentioned, we must stand up and prevent this from happening. Tighter controls on our legal ivory trade must be implemented without delay. This Bill seeks to do just that and lays out the certification processes and the penalties for non-compliance very well. It is also made clear how warrants will be issued and executed. In Clause 19(6)(b), the Bill indicates that 48 hours’ notice should be given before the execution of a search warrant. This is something I am likely to return to in Committee.
I am grateful to my colleague the noble Baroness, Lady Miller of Chilthorne Domer, for the example she gave of the success of the ban on trading in exotic birds. The Bill we are debating today has exemptions, which are realistic and preserve many items that will be valued for their beauty. The exemptions will not fuel poaching, and that is the whole purpose of this Bill. No doubt we shall return in Committee to the noble Lord, Lord Carrington, and his exceptions.
The Musicians’ Union, as we have heard from other speakers, is concerned about whether the ban on ivory from elephants would extend to ivory from mammoths, as mentioned by the noble Lords, Lord Grantchester and Lord Berkeley of Knighton. Musical instruments have been repaired using mammoth ivory as an alternative to elephant ivory, as a way of protecting elephants at the same time as ensuring that instruments are maintained and kept in circulation. This is something we shall also return to in Committee. I was also interested in the comments of the noble Baroness, Lady Quin, about the Northumbrian pipes; my husband is a great fan of their sound.
Many thousands of items have been created from raw ivory; they are delicate and show the skill of the craftsmen who created them. Antique items made before 1918 of outstanding artistic value and importance would be exempt, and owners would have the opportunity to apply for an exemption certificate. The Bill is detailed in setting out exactly what is required to obtain and maintain an exemption certificate so, as the Minister has indicated, there is no level of doubt on the subject.
It is claimed that there will be many items which do not fall into this category and will therefore be destroyed, as the noble Lord, Lord De Mauley, has said. I believe this is a hollow argument. Many of us own articles which could be classed as “artistic”. They may be of cultural and historic interest to us and our families but this may not stretch to the category of “outstanding”. Are we led to believe that we would destroy these objects because they would not command a good price if taken to the “Antiques Roadshow”? Of course not. They will be retained and passed down through families. There will be a need for more diligence, of course, and for a raising of awareness around small items containing ivory. This could be tiresome but it is essential that the Government stick to their intentions.
I regret to say that for those who have collected ivory carvings solely for their monetary value I have little sympathy. This market has fuelled poaching and brought about the death and butchery of hundreds of thousands of elephants. This trade has to stop. I support those calling for a ban to be extended to other species—hippos, narwhals, et cetera—and I welcome the Government’s commitment to consult once the Bill is passed.
I turn briefly to the cybercrime aspect of the ivory trade. My noble friend Lord Clement-Jones spoke about this, as did the noble Earl, Lord Attlee. The correct certification of ivory is crucial to stopping illegal laundering through the UK. If it begins to look as though it might be impossible to prevent this via the internet, maybe a ban on all internet trading in ivory, even for those items which are exempted, will need to be considered—a point made by the noble Lord, Lord St John of Bletso. I am sure that this is something we will return to in Committee in September.
The CITES has prohibited trade in Asian elephants since 1975 and in African elephants since 1990, but poaching continues. Now, before the Illegal Wildlife Trade Conference to be held in London in October this year, is the time to institute a countrywide ban and show that we take this terrible slaughter seriously, as mentioned by the noble Lords, Lord Grantchester and Lord Hague, my noble friend Lady Miller of Chilthorne Domer, and others. The consultation, which ended on 29 December 2017 and led to this Bill coming forward, had responses indicating that 88% of the population support a ban on ivory sales. We must now assist the Bill to become law, and I am heartened by the number of noble Lords who have supported a ban.
I leave your Lordships with this thought, which will not be popular. This second Chamber, unlike the elephant, is not popular with the British public. If your Lordships were to be culled at the same rate as the elephant—that is, 55 per day—would this House quickly become of a size when the public would cry “Enough”? I look forward to the Minister’s response to the many points made this afternoon and to debating the Bill further in Committee.
Baroness Jones of Whitchurch (Lab)
My Lords, as my noble friend Lord Grantchester has made clear, we very much support the aims of the Bill. Action to tackle the international trade in ivory is welcome, if not long overdue. As we have heard, despite international efforts, around 20,000 elephants are killed each year for the ivory trade—approximately 55 elephants every day. At that unsustainable rate, elephants are likely to be extinct in the wild within two decades.
Our country can make a huge contribution to reversing that decline, not only through the action that we take in the UK but through the influence that we are then able to bring to bear upon others. By passing this Bill we will have earned the right to become a global voice on this issue, and indeed to use that voice to urge other countries to follow our lead.
At the heart of the problem are some very unsavoury organised criminals. The illegal wildlife trade is the fourth largest illegal trade behind drugs, human trafficking and counterfeiting, worth over an estimated £15 billion annually. Ivory tusks trade at £65 per pound on the Asian black market. It is a serious organised crime that is decimating wildlife populations, threatening local livelihoods and fuelling further criminal activity, including terrorism, with extremists using the money to fund their activities across Africa.
As the noble Baroness, Lady Chalker, pointed out, security forces believe that many of the gangs involved in wildlife trafficking are now using existing drug trafficking routes to smuggle the ivory as well. They use sophisticated techniques: they have secret codes and communications channels and are therefore very difficult to intercept. However, we have to take that challenge on.
Such gangs can succeed only because demand for highly valued ivory pieces in Asia continues to be so strong and so lucrative. I agree with the noble Lord, Lord Hague, that ultimately our challenge is to reposition ivory not as a symbol of luxury and wealth but as a symbol of cruelty. That is where the future lies.
Meanwhile, the criminals continue to be successful because the restrictions we have already introduced are simply not working. Recently, the campaign group Avaaz bought 109 items of ivory from 10 European countries and had them tested using radio carbon dating. Almost one-fifth of the objects were found to contain ivory from animals killed since 1990. This is illegal, following the restrictions on the global ivory trade that were put in place in 1989. Three-quarters of the items were dated after 1947. Even the highly respected auction house, Christie’s, has been fined for trying to sell illegal ivory, and there is widespread evidence of the current rules being circumvented or misunderstood.
As well as blocking routes to markets, we have to address the poverty and deprivation that drives some of the poorest African villagers to poach—a point made by a number of noble Lords. They have to be persuaded that they have a future conserving elephants and other wildlife. The value of elephant tourism is extremely high, with a living elephant in the savannah worth 76 times more than a dead elephant in the marketplace. Protecting Africa’s elephants, therefore, makes monetary sense too, but we have to get that message across. This is why we have welcomed the £44 million recently announced by the Government to invest in such initiatives as eco-guardians and the community enforcement networks to help to create alternative livelihoods.
I also agree with the noble Baroness, Lady Miller, that we need to pay tribute to those conservationists and individuals who have risked and lost their lives to protect endangered species. I very much liked her suggestion that we could have a monument to acknowledge their contribution to the campaign.
I turn now to some of the concerns that have been expressed today. The noble Lord, Lord De Mauley, and others questioned whether a continued antique ivory trade contributes to the illegal trade in new ivory. We should of course acknowledge and value the cultural significance of historic ivory products—nothing in this Bill prevents their continued ownership—but the fact of the matter is that the existence of a legal domestic market is helping to fuel the illegal trade by providing cover and reinforcing the high value of ivory across the world. We know that illegal ivory items seized by the police and Border Force in the UK have been falsely antiquated, using artificial stains or ageing techniques, and are clearly destined for the legal antique market. The two sources are interconnected. There is also considerable evidence that legal CITES Article 10 certificates have been used to conceal illegal ivory.
As the noble Lord, Lord Hague, and the noble Baroness, Lady Chalker, have said, the Bill is not a panacea—of course it is not. However, it will make a difference and will save the lives of thousands of elephants by beginning to break up those trading routes.
For those who queried how museum quality would be judged, in evidence to the Common’s committee on this Bill the museums themselves expressed that they were confident that they could make the arrangements work, whether it is for small museums or large museums.
Other noble Lords have contrasted the 10% de minimis exemption for antiques with the 20% proposed for musical instruments. We support the 20% threshold and believe it is necessary to manage the legacy of instruments made decades ago when alternative materials such as plastic were not readily available. These instruments are not subject to the same level of commercial activity. There is no music industry trade in these instruments, but simply an ongoing series of one-to-one transactions between fellow musicians and music shops to repair, maintain and sell the instruments on to further instrument players. For professional musicians, their instruments are the tools of their trade. They are an investment in their livelihoods, mostly sold at the end of their career only to allow them to retire with dignity, not to make a profit.
My noble friend Lady Quin raised the issue of Northumbrian pipes. I think we would all like to hear them played because she has sparked our interest. I would have thought that the instrument would indeed include the bag and the bellows. The Minister might have a different view. But as she said, these are domestic, not commercial instruments. I would have thought that their future could be protected by sharing and gifting in the future.
I now turn to some areas where we would like to see improvements in the Bill and we will explore these in Committee. First, as has been said, the Bill has a narrow focus on elephants. It ignores the poaching of hippo and other non-elephant species for their ivory. Broadening the definition of ivory is necessary, not only because many other CITES species are at risk of becoming endangered, but to prevent a narrow focus on elephant ivory pushing poachers towards other forms of ivory. For example, the black market’s insatiable demand for ivory has already turned towards hippos, which offer a cheaper, and, in many ways, easier, ivory option. Hippos have declined by 12% to about 100,000 in the past decade with the rise in demand for hippos’ teeth threatening the mammal with extinction.
In the other place, the Minister was sympathetic to these concerns, but argued the need for a further consultation to satisfy the requirements of the European Court of Human Rights. We have never been persuaded of this argument and indeed have legal advice and advice from the Consultation Institute that contradicts that. Nevertheless, we are pleased that the Secretary of State has now announced a further consultation to extend the provisions in the Bill to include hippo, walrus and narwhal ivory. But the consultation is not due to start until this Bill receives Royal Assent, which will be some time towards the end of October. I do not understand why this consultation cannot start now. If it did, it could be completed before Royal Assent and perhaps included in this Bill. Can the Minister explain why the Government are unable to publish the consultation before the Bill is passed?
Secondly, we believe the exemptions to the ban on sales set out in the Bill should strike a balance between being robust and proportionate, but we share concerns that the scope of Section 2 as drafted is too wide. To this end, we will be pressing the Government to ensure that only the,
“rarest and most important items of their type”,
are granted exemptions. That was a phrase initially used by the Government which has now been replaced by a broader exemption as defined in the Bill. We will revisit that definition.
In addition, we will argue, as other noble Lords have mentioned, for an annual register of items that have been exempted to be published to ensure transparency and public confidence in the ban. We will also be looking for assurances that the registration and certification schemes are not open to abuse. That is important because, as we have heard, legal CITES Article 10 certificates have been used to conceal illegal ivory.
Finally, we believe it is vital that the UK has the right level of funding and enforcement powers in place to enforce the ban. The National Wildlife Crime Unit has only 12 members of staff, including administrative staff, to cover the entirety of its work across the UK, and its funding is due to expire in 2020. So we hope that the Minister will be able to give us greater assurances about longer-term funding.
We will be seeking more powers to tackle online cybercrime where so much of the illegal trade continues to flourish and we hope that the Government will be able to give us further assurances on that. If not, I am quite attracted to the proposal put by the noble Lord, Lord St John of Bletso, for a complete ban on internet trading, which may be an easier option.
In conclusion, I thank all noble Lords who have contributed their expertise to the debate. We will seek to improve the Bill in Committee, but I am pleased that so far we are developing cross-party support for it, and ultimately I hope that we will achieve unanimous approval of its overarching objective of ending the illegal poaching of elephants.
Lord Gardiner of Kimble
My Lords, this has been an exceptional debate and we have heard from noble Lords with direct knowledge of events in Africa where the elephant is being slaughtered in unsustainable numbers. I want in particular to pay tribute to my noble friends Lady Chalker of Wallasey and Lord Hague of Richmond, who have been so instrumental in doing a great deal for the interests of communities in Africa. I pay tribute also to the noble Lord, Lord Clement-Jones, on his experiences. I do so because I believe strongly that if our generation does not act now, it will be too late. I should also say, given the many questions put to me and the many notes I have received, that your Lordships would be sitting for a very long time if I were to answer every single question. A comprehensive reply to all the comments that have been made will of course follow this debate. I have the answers to almost all the points but, in the time available, it will not be possible to do them justice.
I shall turn immediately to an issue raised by a number of noble Lords, which is that of heritage in terms of natural heritage, as outlined by the noble Baroness, Lady Flather, in relating her experiences of the elephant, and indeed how we would rob some of the world’s poorest communities of their natural resources and deprive us and future generations of this extraordinarily inspirational creature. I am also most grateful to the noble Baroness, Lady Jones of Whitchurch, for expressing her support for government initiatives, a number of which were referred to by my noble friend Lady Fookes. Through the IWT Challenge Fund, we have been supporting projects around the world to engage local communities in conservation, to enhance human/wildlife coexistence, and to strengthen community involvement in helping to tackle crime. These are the communities that are being impoverished by this trade, and it is others around the world who are enriched by it. I was also struck by what my noble friend Lady Rawlings said about the British effort, and obviously I am really pleased that our gallant forces in the military have been helping in Gabon and Malawi to deal with poachers.
As I mentioned earlier—and as the noble Lord, Lord Clement-Jones, will know through his close association with the Giants Club—the summit held in Botswana in March this year reflected the unity among the political leaders of the four countries that hold half of Africa’s remaining elephants. At that summit, the Presidents of those four countries signed a petition that called on the EU and by extension its member states to shut down their domestic markets, end all ivory exports and support efforts to ban the global ivory trade. They join 28 other African nations as signatories to the petition. That is an extraordinary request from the continent of Africa where these wonderful creatures are, and we must respond.
A number of points were made about other species. I want to deal with those immediately by saying that it is absolutely the Government’s intention to launch a consultation seeking views and evidence for extending the definition of ivory on or as soon as practicable following Royal Assent to the Bill. There are reasons for that. We have already taken a power in the Bill to allow the Secretary of State to extend it to cover other ivory-bearing species through regulation, and the power taken extends from applying only to ivory-bearing species listed under CITES to any ivory-bearing species. Obviously the noble Baroness, Lady Jones, and I can exchange legal opinion, but in the end it will be the Secretary of State and this Minister who will have to sign the certificate, which as noble Lords know is part of our ministerial responsibilities. The legal advice we have is that we must consult, and we will do that as soon as possible. However, I am happy to have sight of any legal opinion referred to by the noble Baroness, but that is the legal advice we have received, and in the end it is for Ministers of the Government to sign the certificate as a matter of compliance, as one would expect.
A number of issues were raised about the ban and the country’s place in it. I was very struck by my noble friend Lord Hague’s reference to China, saying “Well, when are you going to do something about this?” Indeed, it is important to know that whatever noble Lords may say, ivory will not be a symbol of luxury anymore. We have sought a balance between absolutely curtailing and snuffing out demand, and having the exemptions that we have decided are proportionate. However, the balance in this legislation will always be that living creatures are the most important priority.
I am very glad that my noble friends Lady Rawlings and Lord Crathorne spoke about the exemptions and the rationale. I assure your Lordships, particularly my noble friends—and they are my noble friends—who have expressed the concerns of the antique trade, museums and musicians, that we have had considerable discussions with those sectors. If time permits, I will read out some of the quotes that we have had from the antique sector and musicians, who expressed some surprise that we have reached such exemptions and that the conservation NGOs think that they are proportionate. Indeed, they have expressed surprise; they thought that they were in a position where they can manage the situation.
I say to my noble friends that getting this right is our priority, but we have this Bill because of the slaughter of an animal that will be extinct in the wild unless we do something demonstrable. Neither I nor the noble Baroness, Lady Jones of Whitchurch, is saying that there is a connection. As I said in my opening remarks, to which my noble friend Lord Hague of Richmond referred, a UN Office on Drugs and Crime report made it absolutely clear that,
“the trade in illicit ivory is only lucrative because there is a parallel licit supply”.
That is the challenge we must take on with the demand for ivory, particularly in east Asia. The figures that I have expressed to your Lordships show that the amount of ivory going from this country to Asia has been increasing, not decreasing. We need to deal with that. I want to make it very clear that we have sought a balance that we think is proportionate. I will be very pleased, both in writing and in further stages of the Bill, to explain our rationale.
We had 70,000 responses from individuals and even more from campaigning organisations. The strong message was that we should have a comprehensive ban. We thought that having these exemptions was proportionate because we were persuaded that they would not fuel the demand that we must snuff out. As we have said, it is clear that the restrictions go beyond the CITES requirements on restrictions for post-1990 ivory. We have also gone further than the EU precisely because our lead is being looked at by other countries. This is not about some sort of gesture; it is about leadership and saying that this trade must stop. We must do everything we can to stop it. I am clear that we have been, and will remain, resolute. I understand that the function of this House is to scrutinise and improve, but we have sought to do what we can to find the right balance in these matters.
A number of noble Lords made points about online issues. I want to make it absolutely clear that this legislation takes enforcement extremely seriously. We intend the Animal and Plant Health Agency, the Office for Product Safety and Standards and the police to have access to registration systems, take spot-checks of registrations and carry out any necessary enforcement action. This will be clearly online as well. We want to ensure that the offence of facilitating a breach of the sales ban is specifically designed to capture online sales fora and, for instance, the use of traditional media, such as newspapers. Furthermore, Clause 34 ensures that we can charge a particular person within a corporation responsible for a breach so people cannot hide behind their company.
There was another point made by the noble Lord, Lord Grantchester, and my noble friend Lord Selkirk. I have seen the programmes that my noble friend’s kinsman, and his daughter Saba Douglas-Hamilton, have produced. We owe them a profound debt of gratitude for what they have done to highlight the nature of elephants and how we can better protect them.
We also need to take the opportunity to acknowledge the people who have died because of seeking to prohibit the poachers from doing their dreadful deeds. Let us remember that, when we are talking about these objects, we are talking about human beings and animals that have died because of this, and I think that is the perspective in which we should look at it.
Clearly, we do not want to make unnecessarily draconian pieces of legislation; that is why the defence of ignorance is there to be proportionate so that the standards used determine whether someone has acted reasonably, and it will clearly depend on the circumstances of the accused.
Also, we want to make it clear—I paraphrase because my notes are not quite in order—that the whole point about having civil and criminal sanctions is precisely because we realise this is a new piece of legislation, and we understand that there will be different elements of criminality in terms of the sorts of gangs, organised crime, and billions that are involved. Regarding the amount of the fine that my noble friend Lord De Mauley referred to and the five years that my noble friend Lord Crathorne talked about, this is not about the person who has, by some mistake and completely with ignorance, sought to put a piece on the market. This is precisely because we need to get at the organised gangs who, in the end, want to receive the ivory from wherever it may be. This is why we have sought in our package—and, yes, it is a package and it is a balance—to make sure that civil sanctions and criminal penalties are done properly through the police, where that is required.
I say to my noble friend Lord Inglewood and the noble Earl, Lord Kinnoull, that I am absolutely seized of the fact that we want the registration system to be as bureaucracy-free and straightforward as possible. That is why we were working on an IT system that will not be burdensome and that—as it is based on a cost-recovery basis—is intended to be small. We want to have this non-bureaucratic system. We will also run an awareness campaign to ensure that potential buyers and sellers understand what is required. Again, this is intended to give safety and security to the seller and the buyer. That is the whole purpose. We are absolutely clear that the purpose of this legislation is to stop the demand in ivory, with certain exemptions. That is why it will be rigorous, but the registration for the first three exemptions will be through means which we think are not bureaucratic or burdensome. I shall write to my noble friend Lord Crathorne on his queries. However, I should say now that there are distinct reasons for the particular dates that we chose. It is 2018 now, so we thought that 100 years ago—1918—was a suitable choice.
The noble Lord, Lord St John of Bletso, referred to a guide to the Bill’s application. The Government will publish guidance on various aspects of the Bill to ensure it is implemented effectively. My noble friend Lord Selkirk asked whether enforcement will be adequate and exemptions not exploited. We will ensure that they are robust—they have to be, because that will underpin the success and effectiveness of the ban. I give credit to the police, the National Wildlife Crime Unit and the Border Force for what they have done to date in tackling this abhorrent crime. Our proposals will go further than the current regime. We will also nominate a regulator to enforce this ban, alongside the police and Border Force.
The noble Lord, Lord Clement-Jones, asked about the rarest and most important items. We intend this to be applied on a narrow strata of items considered, on the advice of expert assessors, to be of outstandingly high artistic, cultural and historical value. I agree with my noble friend Lord Crathorne that this is subjective but that is why we are asking experts to do that exemption, which we think is valid and is the right way forward. We did not think that a total ban was the right thing for these objects. We reached that position because we thought that this was a sensible arrangement. We therefore will be looking to experts to help us.
There were a number of questions about music and musicians. Owners of instruments containing ivory will need to register their instruments only if they wish to sell them or to engage in other commercial activities, such as hiring them out. Musicians wishing to take their instruments overseas for concert tours will not require registration, but must adhere to existing CITES regulations. My officials have received a copy of the Musicians’ Union briefings and will be happy to respond in writing or to meet it. The noble Lord, Lord Berkeley of Knighton, mentioned Professor Jonathan Freeman-Attwood. I have to declare an interest in that he played at my wedding, so I know the professor rather well. But regarding this exemption, Paul McManus of the Music Industries Association has said,
“we are extraordinarily grateful that this exemption has been considered at all”.—[Official Report, Commons, Ivory Bill Committee, 12/6/18; col. 49.]
We have gone as far as we can.
I am obviously very clear and conscious of what the noble Baroness, Lady Quin, said about the Northumbrian pipes. I agree with the noble Baroness, Lady Jones of Whitchurch. I would obviously always be happy to see the noble Baroness, Lady Quin, but we have these exemptions and we have got as far as we have with them. I will obviously meet her but we have had to find some definitions for these exemptions.
Baroness Quin
I hope that the Minister will at least listen to representations from the pipers but, to reinforce the statement that I made, they bought their instruments not because of ivory but because they were good to play. In that sense, it is not the same as people buying objects because they think that ivory is valuable.
Lord Gardiner of Kimble
Yes, I understand the noble Baroness’s point. I think that I have explained the position that we are in, but I will of course meet with her.
The noble Earl, Lord Kinnoull, referred to museums. Accredited museums will be exempt from the ban. This will allow them to purchase, loan or exchange ivory items. I am also happy to meet him to discuss insurance.
A number of noble Lords mentioned funding, including the noble Lord, Lord Grantchester. We wholly believe that the regulator and law enforcement agencies need sufficient funding to tackle wildlife crime. Defra will consider longer-term funding as part of the normal spending review process over the coming year. The noble Lord, Lord Clement-Jones, asked whether the agencies have sufficient powers under the Customs and Excise Act and the Proceeds of Crime Act. The Bill does not change the scope or reach of the legislation conferring powers for the purpose of customs checks on international trade and divesting criminals of the proceeds of crime. These powers are available, where applicable, against unlawful dealings in ivory items.
My noble friend Lord Lingfield mentioned the process for rarest and most important items—RMI, as I will describe it. We are working with experts at a number of institutions and have no expectation that this process will take a long time. My noble friend Lord Carrington of Fulham expressed concern about high registration fees. We do not intend these to be on anything other than a cost-recovery basis. My noble friends Lord Crathorne and Lord Carrington referred to museum quality. Yes, I agree that it is subjective but we have been working to get the advice of the country’s foremost experts, so I hope my noble friend Lord Cormack and others will see that we are sincerely trying to ensure that all these items are within the exemption, as they should be.
My noble friends Lord Attlee and Lord Carrington asked about inheritance tax and my noble friend Lady Rawlings referred to other taxation. Once the ban comes into force, prohibited items will be subject to nil value for inheritance tax purposes. Items subject to exemptions will still have a market value and may therefore be subject to inheritance tax. Indeed, we are aware that there may be a loss to the Exchequer, but we believe that the objects of this legislation far outweigh that loss.
A number of points were made about enforcement powers. I would be very happy to meet my noble friend Lord Inglewood, because there are points that I would like to discuss with him. On more spending on conservation, I have already mentioned it in another regard, but my noble friend Lady Chalker and the noble Lord, Lord St John of Bletso, raised this. We are doing more, but I will write on that.
I have sought to refer to all questions, but I will write more fully. My noble friend the Whip will not be pleased with me, but I am most grateful for all contributions. I will study Hansard very carefully and will write fully, but at this stage I ask noble Lords to give the Bill a Second Reading.
Ivory Bill
Monday 10th September 2018
(5 years, 7 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-II Second marshalled list for Committee (PDF) - (10 Sep 2018)
Lord Cormack
Member’s explanatory statement
This amendment is designed to ensure that steps taken to enforce the Bill are directed primarily at those who poach, use and trade in poached ivory.
Lord Cormack (Con)
My Lords, this Bill, which received its second reading in July, is far-reaching and has real implications for many people whom this House does not always consider. Before I move the amendment and explain why I think it is important, perhaps I might strike a note that I am sure will receive the approbation of everyone in the House and also those who have now quitted it—namely, that we wish to send our warmest good wishes to my noble friend Lord Carrington of Fulham, who is in hospital at the moment. We hope to see him back in full fighting form by the time that this Bill reaches Report.
I thought it would be sensible to table, at the very beginning of this Bill, an amendment that enables us to discuss the fundamental, controversial point. I do not think that anyone in your Lordships’ House, present or absent, does not wholly subscribe to the aims of the Bill as they have been enunciated over the past year or more. We all deplore the poaching of elephants and we all wish to see those noble creatures, both in Africa and in Asia, preserved. We wish to see them multiply and we should have absolutely no compunction about treating those who poach these animals with the utmost severity. Equally, we should treat with the utmost severity those who work the tusks of the animals and those who profit from what has been worked. That, I think, is common ground across the House.
But one does not save an elephant from being poached by effectively forbidding people to own and treat as proper property ivory items that are one, two, three, four or five centuries old. It is true that the Bill has certain limited exemptions: items of supreme museum quality and those which contain, in the case of furniture and so on, less than 10% ivory, while in the case of musical instruments, less than 20% ivory, as well as miniatures, as long as they are less, I believe, than 320 centimetres in size. The very recognition that there should be exemptions creates a situation which is arbitrary in the extreme. The Government accept these exemptions and they therefore acknowledge that it is entirely proper for antique objects of either great importance or which have a small percentage of ivory to be saved. But where does the ivory come from? It is ivory that has come from elephants in the past and the recognition of this makes a nonsense of the proposition that all other antique ivory should, in effect, not be allowed to be kept or traded or sold. What I am saying in the amendment is that we should look at this carefully before proceeding.
I shall give your Lordships one or two examples. Only the other day, when I tabled my amendment, I had a letter from a body of which I had not previously heard: Chess Collectors International. Many people in our country enjoy playing chess, and until the beginning of the 20th century a very large number of chess pieces were made of ivory. Perhaps the most famous of all in this country are those made of walrus ivory, the Lewis chessmen in the British Museum. But there are many others, many of them made from elephant ivory. Often these chess collectors have purchased these sets not only because they wish to play chess with them but because they regard them as some of the finest small sculptures in existence and objects of beauty and importance.
Baroness Jones of Whitchurch (Lab)
My Lords, I echo the good wishes to the noble Lord, Lord Carrington, that the noble Lord, Lord Cormack, expressed, and of course we wish him a speedy recovery.
I have the greatest respect for the noble Lord, Lord Cormack, and I have listened very carefully to his arguments, but he will not be surprised to hear that, on this amendment, we really cannot support the position that he has put forward. I think that, on this issue, he has his priorities wrong because this is a debate about where our energies and our loyalties should lie. I think that the whole emphasis, the reason that we had the consultation and have this Bill before us today, is that it was felt that the previous legislation was not working and therefore more stringent steps needed to be taken to stop the trade as concerns elephants.
I have listened carefully to what the noble Lord is saying, but I do not see that he is doing anything to help stop that trade. If anything, he is making the situation worse.
Lord Cormack
Can the noble Baroness give one single piece of evidence where the sale of a genuine piece of antique ivory has created the problems to which she alludes?
Baroness Jones of Whitchurch
The noble Lord will know that that is not the issue. The issue has always been that the market is flooded with some legitimate pieces and some illegitimate pieces, and the market has not been able to distinguish between the two. This is why we have to restrict the sale of goods more stringently than we have done. That is the issue. If we introduced his date of 1918 rather than 1947, we would be back to square 1 because everyone would suddenly reclassify their ivory as being pre-1918. We would be in the same ball game of trying to distinguish between what was legitimate and what was illegitimate. The problem is of being able to date what comes on to the market effectively. The legislation as it stands has had a problem with that, which is why we are taking these further steps, so we are having a debate at cross purposes. I am trying to do something that protects elephants. The noble Lord is trying to protect inanimate objects. I think that, at the end of the day, the elephants win that argument. They are a higher priority. That was the view of the vast majority of people who responded to the consultation. I will not rehearse all those arguments; we argued them through in the Second Reading. He will know that there was a huge response to the Government’s consultation, and the vast majority of people supported tighter restrictions because they could see that, without those, elephants are being hunted down and massacred to extinction. Nothing that he is saying today is going to stop that.
Lord Cormack
I have the figures here. Of the people who responded to the consultation exercise—and incidentally, 35,000 were identical emails—99% were from three organisations dedicated to the preserving of elephants. We all agree with the elephants’ being preserved, but you do not need to ban the sale of genuine antique items to preserve genuine living elephants.
Lord Berkeley (Lab)
Can the noble Lord explain how to tell pre-1918 ivory from more modern ivory? Is there a kind of test that experts can do? Is it reasonably sound, or is it a matter of opinion?
Lord Cormack
I hesitate to respond when the noble Baroness has the floor, but, as the question was directed at me, yes, there are people who are expert in this and who are able to assess ivory very carefully. I am not saying that the test is infallible, because nothing is infallible. I referred to faked pictures when I was moving this amendment. It is, however, a very good test. It would pass “Fake or Fortune?” pretty comprehensively every Sunday evening.
Baroness Jones of Whitchurch
My Lords, that is not the issue. The problem is that we simply do not have the resources to go around carbon-dating every single piece of ivory on the market. That is why we have to find some way of restricting it. If not, people will put their own classification on the ivory; sometimes it will be correct and sometimes it will be incorrect. We do not have the wherewithal or the facilities to manage that effectively. That is why the Bill is before us today: it gives us a structure for managing what ivory is coming on to the market and a more authenticated version of whether it is legitimate.
I take issue also with what the noble Lord said about the consultation. Around the Chamber, there are noble Lords who represent a number of the elephant charities whose members care passionately about the issue, but if we were to ask anybody in the street what they thought the priorities were, I think that the vast majority would say that they cared more about the elephants than the issues that he is raising today. That is the reality; the noble Lord has a very niche view of it, but I think that most people care more about seeing elephants and other animals living at peace in the wild.
The issue is not whether people own ivory. The noble Lord put great emphasis on sequestration and confiscation, but that is not what this Bill is about; it is about the buying and selling of ivory. People can own all the lovely pieces that he was talking about; they can pass it down through the family, but it is only when they want to buy or sell it that it becomes an issue. The Bill does not stop people valuing, loving and caring for family heirlooms. It is only the commercial market that is under question.
There are very good reasons for our trying to put in the Bill tightly worded exemptions—we shall talk about those shortly. The restrictions have to be extremely tight and the rarest and most precious items have to be recognised and distinguished. Not all items produced prior to 1918 are beautiful or valuable. There would be that cut-off date, but to allow all ivory unrestricted circulation in an unrestricted market would skew the market and undermine the wider intent of the Bill. The very existence of such markets would encourage fraud in a similar way to that which made the 1947 date unworkable. With a free flow of pre-1918 ivory, I think that everybody would start to reclassify ivory and the whole date would become blurred.
I am summarising—I am sure that Minister will do it better than me. We had a huge debate on this at Second Reading. I did not persuade the noble Lord; he did not persuade me, and I think that we will carry on the debate as the Committee proceeds. At the end of the day, it is about priorities. As far as I am concerned, the priority is the elephants living in the wild. On this issue, the noble Lord has his priorities wrong.
Lord Clement-Jones (LD)
My Lords, due to illness in the family, my noble friend Lady Bakewell is not present for this part of Committee, although I believe that she will be along later. In her absence, I want to intervene briefly in support of the remarks of the noble Baroness, Lady Jones.
The noble Lord, Lord Cormack, has started off Committee in fine, eloquent style, but the phrase “coach and horses” springs to mind as a result of what he had to say. The noble Baroness is absolutely right: the kind of amendment that the noble Lord is putting forward would serve only to introduce further ambiguity and uncertainty into a Bill which has been designed to make sure that we do not have the ambiguities and uncertainties of the current legislation. The noble Lord, Lord Berkeley, had it absolutely right: the difficulties in identifying the difference between pre-1947 and pre-1918 ivory are rife. John Betjeman disapproved strongly of fish knives—
Lord De Mauley (Con)
I draw the noble Lord’s attention to Clause 7, for example, which already contemplates differentiating by date. The Government are obviously aware of a way in which this can be done.
Lord Clement-Jones
My Lords, I am sure the Minister will deal with that issue as far as this amendment is concerned, but to introduce further differentiation into the Bill is extremely unhelpful, particularly in the light of its intentions and the fact that the CITES convention will take place later next month. I do not think that that would be a particularly good symbol.
I am the proud owner of a set of fish knives—I do not believe that John Betjeman would have approved of them. I am firmly in the category that the noble Lord, Lord, Cormack, has identified as being caught by this provision. I am very relaxed about it. I do not believe one should be able to trade, deal or sell that kind of commodity. It is the sort of thing you pass on to your descendants. I very much hope this provision will remain part of the Bill.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I join all noble Lords in saying that I very much look forward to the early return of my noble friend Lord Carrington of Fulham and, indeed, the noble Baroness, Lady Bakewell of Hardington Mandeville, for later stages.
My noble friend’s amendments intend to allow pre-1918 ivory objects to be bought, sold and hired within the United Kingdom, regardless of whether they meet one of the exemptions. Indeed, my noble friend—and this has been raised already—used words such as “confiscation” and “loss of ownership”. These measures precisely do not affect the right to own, gift, inherit or bequeath ivory. They are precisely not for that purpose.
As this is the beginning of Committee stage, I reiterate the overriding purpose of this Bill. Its intention—and the noble Lord, Lord Clement-Jones, also made this clear—is to introduce one of the strongest ivory bans in the world, with narrow and limited exemptions, to curtail the demand for ivory that currently threatens the elephant with extinction. As your Lordships know—a number of noble Lords have referred in different ways to the public consultation—there is overwhelming public support for this ban. I say to my noble friend in particular that we have worked extensively with conservation NGOs, the arts and antiques sector, and musician and museum sectors to help shape this Bill, and we believe it is a proportionate response.
The exemptions outlined in the Bill have been included to allow limited dealings in ivory to continue where they are unlikely to contribute to the poaching of elephants. To allow all pre-1918 ivory items to be bought, sold and hired, regardless of whether they meet one of the exemptions, would significantly undermine the aim of the Bill and the carefully balanced package of exemptions. My noble friend is, of course, conversant with Clause 2, which we will address in more detail later. We have specifically created an exemption so that pre-1918 ivory items that are of outstandingly high artistic, cultural or historical value, and which are the rarest and most important examples of their type, can continue to be traded.
I suggest to my noble friend that his other amendment concerns the offences of buying or hiring ivory as the owner within the UK only. Subsection (4)(b) concerns selling and hiring ivory as the lender both in and outside of the United Kingdom. My noble friend and my noble friend Lord De Mauley have raised a number of issues about the antiques sector. A 2016 report by TRAFFIC, the wildlife monitoring network, on the UK’s domestic ivory trade, showed that consumers of UK antique ivory are increasingly from Asia, particularly China, Japan and Hong Kong. This constitutes a change since the last UK ivory market report in 2004, which found that most buyers were from Europe and the United States. This worrying shift demonstrates that the UK antique ivory market is increasingly connected to the Far East, where the demand for ivory is highest, further fuelling the demand for ivory, and its social acceptability.
I also want to refer to a point in the discussion between the noble Baroness, Lady Jones of Whitchurch, and my noble friend Lord Cormack. As I mentioned at Second Reading, the 2010 report from the United Nations Office on Drugs and Crime concluded:
“The trade in illicit ivory is only lucrative because there is a parallel licit supply”.
This is precisely why we are having to introduce a ban, with only tightly drawn exemptions that are unlikely to continue to fuel the illegal trade and poaching of elephants. To allow all pre-1918 ivory items to be traded would further perpetuate the demand for ivory and undermine the effectiveness of the ban. I agree with what the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Clement-Jones, said: we have got to bear down on the situation in which 20,000 elephants a year are being slaughtered. We saw only last week reports from Botswana of this slaughter continuing, and the status quo at the moment is simply not acceptable. This country has to lead. We have a responsibility to lead. We are one of the world’s largest exporters of ivory and we must act. So, for the reasons I have given, I am not able to support my noble friend’s amendment and I respectfully ask him to withdraw it.
Lord Cormack
I had hoped we might have a rather longer debate on this, but of course I listened very carefully to what my noble friend the Minister said and I obviously have no intention of dividing the House today. I believe very much in the unwritten convention in your Lordships’ House that it is better to have divisions on Report than in Committee. However, I shall certainly be framing amendments for Report because I have not been convinced by anything that my noble friend or the noble Baroness, Lady Jones, have said that we are assisting the elephants by forbidding the sale of genuinely antique ivory items. I just do not accept that, and although I accept that there have been consultations with the antique trade, with which I have no pecuniary connection and no interest to declare—I have bought the odd thing in an antique shop, although not ivory—I know that those who have been part of these negotiations have not been entirely convinced that their point of view has been really seriously taken on board.
I think that my noble friend must also realise that we are one country. Quite shortly, much to my regret, we will not be part of a European group of countries, and what will happen, as I have already quoted from the note from the chess collecting chairman, is that things will be sent abroad: they are going abroad quite quickly now. I think it is a pity that we are taking this real sledgehammer to this; nevertheless, there is no point in prolonging discussion now and I beg leave to withdraw the amendment.
The Earl of Kinnoull
“( ) For the avoidance of doubt, nothing in this section shall be deemed as applying to bona fide insurance or re-insurance transactions involving UK-licensed insurers.”Member’s explanatory statement
This is a technical amendment designed to address various insurance and re-insurance problems.
The Earl of Kinnoull (CB)
My Lords, I declare my interests as set out in the register of the House, in particular as a director or trustee of several museums and in respect of the insurance world.
This is a technical amendment to do with some insurance issues, so I hope to gallop through it, as I am sure not many of your Lordships would be that interested. I should like to add my own thoughts to the messages to the noble Lord, Lord Carrington, because I was going to start by citing something that he said in his Second Reading speech. He quoted a figure, which I have also seen, of there being somewhere between 2 million and 3 million objects that have an ivory content in the UK in personal collections and museum collections. He said that he felt that was an underestimate, and I agree with him that it probably is an underestimate. The UK is a heavy buyer of insurance. I can say with confidence that the majority of those objects are the subject of insurance, so I am talking about a large number of objects all round.
As I looked at the Bill, there were three areas where I felt there could be problems for the way in which the insurance world works today. The first was in simply paying a claim. I am sure that many of your Lordships have not made a claim and so may not realise this, but the point is that, when paying a claim, the insurer will pay out a sum of money, but the title of the object insured will transfer to the insurer. There would probably also be another agreement, a release agreement, between the insured and the insurer. Therefore, there is a tremendous amount of consideration moving and, certainly, the title of the object moving. That knowledge was with me as I read Clause 1(3), as I was very worried that the paying of the claim may be problematic under the way the Bill is currently drafted. For museums and private individuals, I thought that was regrettable.
Secondly, another thing that goes across to the successful claimant is a right of repurchase. Certainly all of the specialist insurance markets grant this right and I think all markets now in the UK grant it. This is a right whereby, if an object is stolen and comes back—quite a lot of stuff does come back, particularly the more valuable stuff, because if there are photographs of it, it is difficult for people to dispose of it—people have the opportunity to repurchase the object at the lower of the market value or the amount of money that was paid out in the insurance claim. For private individuals, that is often very attractive because many people are underinsured, so maybe they can buy something back that is worth more at a lower price. Certainly, for many private individuals, it is attractive because the sorts of things that are stolen are often things with great sentimental value to them. This is a very valuable right for private insurance. For the museum-insured area, which I am deeply involved with, it is important because often what is stolen is the key part of one or other of their collections, and it is very difficult to source replacement parts. I feel that this repurchase right is very difficult under Clause 1(3).
A third problem, which is much more technical, is to do with the way that insurance companies and Lloyd’s syndicates set themselves up, and that is that they move around the salvage rights within themselves. Naturally, this happens in a series of transactions that take place—most famously in the Lloyd’s syndicates, where there is a fresh syndicate every year—and so they move around these rights of repurchase further down. A Lloyd’s syndicate will need to be able to trade with a successor syndicate in order to preserve this right of repurchase. Of course, there are many latent rights of repurchase out there at the moment, which will all be covered, I assume, by this Bill. So this is not about fresh thefts but about stuff that comes back.
Those three issues were circulating in my mind, and I feel that there is a difficulty. I do not think it is the intention of the Bill to stop people from being able to rebuy their own stuff following an insurance loss. That can have nothing to do with the admirable intentions of this Bill, so I drafted a probing amendment, merely to just raise the debate, but not to settle on the precise language of how we deal with this problem that I have identified. I have limited it to providing some sort of route for just the 200 or so professional insurers in the UK. These are carriers who are all regulated by the FCA and who, I can assure your Lordships, if they saw any naughtiness, would be out with the fines book straightaway. I beg to move.
Baroness Vere of Norbiton (Con)
My Lords, the noble Earl’s amendment would insert a declaratory statement into the Bill confirming that prohibitions in the Bill would not apply to insurance and reinsurance transactions. I am very grateful to him for our helpful conversation over the weekend, and I confirm that it is indeed the Government’s intention that insurance and reinsurance activities will be able to continue as usual.
As the noble Earl has pointed out, this sector is very important with regard to items containing ivory. We are mindful of the types of transactions that may occur, and indeed we are further investigating other types of transactions and the associated transfers of ownership and the considerations paid and received in the ordinary course of these transactions. We are therefore considering ways of making it clear that financial transactions associated with the insurance and reinsurance of ivory items are not prohibited by the Bill, and we look forward to working with the noble Earl and other noble Lords to ensure that that is the case.
I hope that, in the light of what I have said the noble Earl feels able to withdraw his amendment.
The Earl of Kinnoull
I am very grateful to the Minister, with whom I had a number of amusing conversations over the weekend that involved lawn-mowing as well. I think this is a very constructive approach, and I hope we will be able to deal with the matters quickly when we get to meet. I beg leave to withdraw the amendment.
Lord Clement-Jones
“( ) Except in regard to sections 8 and 9, the exemptions referred to in subsection (6) do not apply in circumstances where the dealing in question has taken place online.” Member’s explanatory statement
This amendment would prevent the sale of otherwise exempted items comprising or containing ivory from taking place online. This, alongside other measures in the Bill, would help to prevent illegal trade of ivory. The online ban would not apply to the items exempted under sections 8 and 9.
Lord Clement-Jones
My Lords, there is ample evidence that illegal ivory trading frequently takes place online. The arguments against committing online trading have been rehearsed many times: the difficulty of policing online transactions; descriptions of ivory being disguised to avoid search-term filters; and the near impossibility of checking every parcel dispatched from the UK.
Surely all online dealing in ivory should be banned. Allowing only physical sales, combined with the exemption certificates and registration process, would considerably reduce illegal trade and make the enforcement authorities’ job far easier. A recent study published earlier this year by the University of Kent illustrates the problem. It found that, in fact, barely any ivory or other illegal wildlife products are being sold via the so-called dark net, where there is a flourishing criminal market in drugs and firearms. Instead, the researchers found that ivory is being sold openly on conventional auction sites, including eBay. Traders have exploited the previous complex rules, which were meant to restrict the trade in Britain to pre-1947 antiques but can act as a cover for the sale of items fashioned from poached elephant tusks.
Despite perfecting a prototype software scheme that can pinpoint potentially illegal ivory with 93% accuracy, the University of Kent team has been told by law enforcement agencies and wildlife protection groups that they cannot afford to fund its deployment on the front line. I very much hope the Minister will be able to look at that allegation by the University of Kent and give a response. Dr David Roberts, a conservation scientist at the University of Kent and co-author of the study into illegally traded wildlife, has been quoted as saying:
“The surface web is being used by criminals because they have found they can trade there for the most part with impunity. Unlike those selling drugs or guns, they don’t feel they have to move to the darknet. What is frustrating is that tackling this online trade does not seem to be priority. It falls between boots-on-the-ground enforcement against poaching in Africa and reduction of demand in south east Asia. We have had enforcement agencies and campaign groups say they would like to have our software as an enforcement tool but they don’t have the funding to progress it further”.
The fact is that the illegal wildlife trade is a rapidly evolving environmental crime that is expanding through e-commerce. Because of the nature of the internet, the detection and enforcement of online illegal wildlife trading has proven to be difficult and time-consuming, often based on manual searches through the use of keywords. This is aggravated by the fact that, as a result of scrutiny, traders in elephant ivory now use code words to disguise the trade, thus adding an additional level of complexity. Rather than blatantly advertising items as “elephant ivory”, online traders use alternative key words recognised by buyers, at least some of whom are likely to know that they may be purchasing illicit items.
In his letter after Second Reading, the Minister said—I will quote extensively:
“Several Noble Lords have called for a total ban on all online ivory deals, I understand the concerns that differentiating legitimate and illegitimate sales online can often be difficult, but we believe it would be disproportionate to ban online sales, given that existing regulations on other products such as alcohol and medication, which do pose a threat to human health do not have their online sale banned. The Bill has been drafted from the outset with both online and physical sales in mind. The Bill makes it clear that it will be an offence to cause or to facilitate a sale of ivory that either does not meet an exemption, or has not been properly registered or certified. This will apply equally to any website or online forum which hosts or facilitates an illegal sale. It will be the responsibility of any online forum to ensure that ivory items sold on its site are legitimate in exactly the same way we will expect of a high street shop or auction house”.
Those are very reasonable words and I am sure that the Minister was being utterly genuine when he talked about the need for proportionality. However, what assurance can the Minister give about the energy devoted to enforcement online? How will the online dealing ban be enforced in practice? Will the resources be in place? Otherwise, surely it will be necessary in due course, if not now, to have an online ban if it is seen simply to be the easiest way of ignoring the legislation and engaging in dealing in these ivory items.
I am pessimistic that any enforcement situation can cope with the sheer volume of trade online and be able to distinguish online between legitimate and illegitimate sales. I do not believe that the alcohol and medication examples that the Minister has given should be brought into account. This is a much more difficult situation. It is much more difficult to distinguish between legitimate and illegitimate sales of ivory than in either of the two other cases that the Minister has cited. I hope the Minister will rethink the Government’s decision not to include online sales. I think an insistence that all sales were physical would make life a great deal easier. I beg to move.
Lord James of Blackheath (Con)
My Lords, I wholly support the words of the noble Lord, Lord Clement-Jones. However, one serious aspect that may have been overlooked is a nasty little market which may escape the whole of this affair, and that is the casinos’ use of roulette balls. This is a very big, constantly renewing market. The life of a roulette ball in ivory is only about five weeks and they cost £100 each. They can only be obtained from the Far East at present through the dark market.
I do not know what the solution is, but we should not be ignorant of this big market. It is likely to continue and will be very persistent. The only alternative for a casino is to use a Teflon ball, which is fine but it bounces too much. It is too easy to use a Teflon ball which has a steel interior which can then be mixed up with a magnetisation of the roulette wheel’s rim and give easy distortion for fraud. This is why casinos do not want Teflon balls and they do want ivory balls. We should be on guard against this because it is going to be a big, dark market.
Lord Inglewood (Non-Afl)
My Lords, I think that the amendment in the name of the noble Lord, Lord Clement-Jones, is intended to cover items described in Clause 7—those that contain de minimis quantities of ivory. In his remarks, he kept talking about “ivory items”. These are actually slightly different. They are not ivory items but other sorts of items containing an element of ivory which is integral to the whole. There are many more of those than there are pure ivory items.
Earl Attlee (Con)
My Lords, I have sympathy with the amendment. I have nothing further to add but the noble Lord, Lord Clement-Jones, has come up with a convincing set of arguments. I hope that the Minister will come up with some rather more powerful arguments than were contained in his letter.
Lord De Mauley
As noble Lords have heard, despite a ban on international trade in ivory, tens of thousands of elephants are killed each year for their tusks. It is a tragedy and every respected antique dealer would wholeheartedly agree that everything possible must be done to bear down on it. Having in an earlier phase of my life been the Minister responsible for the UK’s efforts to bear down on illegal wildlife trafficking, I now find myself as chairman of LAPADA, the art and antique dealers’ trade association and, as such, declare an interest. Although my remarks represent my own views, they are informed by what I have learned in that capacity, as well as that of a former Minister.
As with countless other businesses today, antiques are marketed and promoted online and professional antique dealers increasingly use the internet to sell antiques and works of art. Amendment 4 would be extremely unfair on some who may deal with exempt ivory. Furthermore, it is not necessary to give effect to the Bill. In addition, to underline the fact that it is unnecessary, I point out the inconsistency of exempting musical instruments from these restrictions. I take it that anyone advertising an item online who has been granted an exemption certificate, or who has registered the item under the Clause 10 provisions, would be advised to indicate the existence of the certificate or registration as part of their promotional material.
Baroness Jones of Whitchurch
My Lords, I am grateful to the noble Lord, Lord Clement-Jones, for raising this issue today. We touched upon it at Second Reading and noble Lords have referred to the letter from the Minister that we received in response to that. The noble Lord will know that we have considerable sympathy with the arguments that he has put forward this afternoon. The online sale of items containing ivory is undoubtedly the most difficult market to police. The Committee has already heard that the worst violations of existing restrictions take place online. It is a global trade, using global communications. As the noble Lord said, the poachers and middlemen have sophisticated communication networks, including codes and jargon to conceal the real nature of the goods being traded. This is happening globally, across borders. This is why, ultimately, we need a global response to close these markets down. It is an area for the UK Government alone to be effective in doing this.
We also know that, as the noble Lord said, we have limited resources to police these sales. This issue is covered in amendments to the Bill which we will come to later. I also like to think that the measures already in the Bill and the additional amendments we propose would at least bring the legitimate UK online trade under control. The requirement for exemption certificates; the need for registration and photographs; the oversight of professional institutions; the removal of the defence of ignorance for buyers and sellers and the tightening up of enforcement should help to deliver more watertight controls. I understand the argument about proportionality and we need to bear it in mind quite sensitively.
Although I am sympathetic to the noble Lord, I wonder if, at this time, we should let the current proposals run and then use the reviews we are proposing in later amendments to the Bill—for example, working with the National Wildlife Crime Unit and border police—to assess how effective the Bill has been. That would give us the opportunity to look at whether we still have an online problem. The onus is on the Minister to reassure the Committee that this is going to be effective in tackling online trade. Otherwise, the whole Bill will be effectively undermined if all the trade moves towards there.
I would like to think that the checks and balances are there. It may be that we have been proved wrong. I would like to hear more from the National Wildlife Crime Unit about whether it thinks it can manage within the existing constraints. If it feels it can do it, albeit it will probably need some extra resources—we are all well aware of that—then I am inclined to take it on trust at this moment. However, it is certainly an important issue to get right.
Baroness Vere of Norbiton
I thank the noble Lord, Lord Clement-Jones, for initiating this debate on whether to ban certain types of exempted, and therefore legally saleable, ivory items through online channels. The noble Lord has read out much of my answer already but it does bear repeating. From the very outset, the Bill was drafted with online and offline sales in mind. The Bill prohibits all commercial activities in ivory, regardless of where those activities take place, subject, of course, to the exemptions in the Bill.
Equally, anyone who breaches the ban, be it online or not, will be committing an offence and will face the same range of sanctions, including a criminal sanction of up to five years in prison and/or an unlimited fine. There are a number of further provisions included in the Bill that will assist in tackling illegal online sales. It will be an offence to facilitate breaching the ban. Therefore, this would include, for example, a UK-based online sales forum which facilitates the sale by allowing sellers to advertise their item, make contact with buyers and accept payment.
In that example, those responsible for such online sales forums, which would include corporate bodies, would be found to be in breach of the ban if they could not show that they had taken reasonable steps to prevent an illegal sale taking place. These steps would include, for example, ensuring that the item for sale is exempt and had been registered or had an accompanying exemption certificate. We therefore expect such online forums to take all actions to ensure that they and their users act in compliance with the ban, in the same way that we expect offline channels to do the same. The Bill also prohibits the deliberate misrepresentation of ivory during a sale—for example, as bovine bone. This issue was raised by the noble Lord and it is very important. Both the seller and the buyer could be committing an offence if one or both of the parties knew or suspected that it is ivory.
Noble Lords will be aware that other items subject to restrictions, such as kitchen knives, are allowed to be traded online. Indeed, I am not aware of any item that is singled out for such a ban depending not on the legality of the sale but on the channel—that is, online or offline—through which the sale is transacted. We believe it would be disproportionate to completely ban the commercial dealing in exempt ivory items online and that it would shut off a relatively transparent means of monitoring the extent to which trading is happening online. As a noble Lord mentioned earlier, there are 2 million to 3 million items containing ivory and it would be utterly wrong to ban the sale or the legal trading of those items online. Indeed, as my noble friend Lord De Mauley pointed out, the auction houses use the online environment as a very valuable way of marketing the items they have for sale.
We agree that enforcement is extremely important. We cannot have online trading in ivory if we are unable to enforce properly. Online sales are a priority for the National Wildlife Crime Unit regarding the illegal wildlife trade. There will be much more on enforcement and funding in due course. However, this issue is so important that I will recommend that we write to noble Lords on enforcement, on what we can do in the online environment and on the resources we intend to put into that enforcement.
I turn briefly to the point raised by my noble friend Lord James of Blackheath about roulette balls. I understand that he has been in touch with officials about this and that they have written to him. These balls will be caught by the ban but, as was mentioned, there are alternatives. I hope with this explanation I have reassured the noble Lord that we have considered—and, indeed, are considering—the matter of online sales and that he will therefore see fit to withdraw the amendment.
Earl Attlee
My Lords, can the Minister explain how we can take action against a forum that is based, say, in the Russian Federation? She talked a lot about the ability to prosecute people for contravening the law—the provisions of the Bill—but it is not clear how we would be able to take action against forums domiciled overseas.
Baroness Vere of Norbiton
My noble friend is quite right. If a forum is domiciled overseas, it will be up to enforcement to look at those advertising their wares and those who are looking to buy those items. However, we should also consider that in due course, the items for sale online will either be registered or will have an exemption certificate. We will be able to see clearly whether those items are legitimate, and that additional level of security for buyers and sellers is the most important thing when it comes to online sales.
Lord Clement-Jones
My Lords, I thank the Minister. In particular, that last sentence was extremely important in the circumstances, and the noble Baroness, Lady Jones, made the same point: that that will be the essence of the online sale as well. I thank the noble Earl, Lord Attlee, for his intervention and the noble Baroness, Lady Jones, for her positive words. In response to the noble Lord, Lord Inglewood, the amendment is meant to do what it says on the tin: certain of the exemptions are exempt, and certain others are not, and Clauses 8 and 9 are excluded from the ban on online sales for a purpose.
To come back to what the Minister said, I am of course reassured about the provisions of the Bill, and it is precisely the resources and the activity around enforcement which are absolutely crucial. A provision about banning online sales is not disproportionate if enforcement is inadequate. If enforcement is adequate, then of course it would be disproportionate, but this is in a sense designed to prevent the mischief of online sales taking place without adequate enforcement. I look forward to the letter from the Minister. In particular, the noble Baroness, Lady Jones, mentioned the National Wildlife Crime Unit and other aspects of enforcement, and I very much hope that they will be fully apprised of the importance of making sure that online sales are scrutinised and that these keywords—these coded words—are understood and combated in accordance with the research from the University of Kent. This is not some figment of the imagination of those who are against ivory poaching but respectable research, and we should pay heed to it. I look forward to the letter from the Minister and obviously I reserve the right to come back on Report if necessary. In the meantime, I beg leave to withdraw.
Lord De Mauley
Lord De Mauley
My Lords, I will deal with Amendments 5, 6, 8 and 9 in this group, and start with Amendment 5. Clause 2 represents a feature of the Bill that has resulted in the largest number of concerned comments from people who handle antiques, so it is no coincidence that we have today several amendments that address this clause.
The dateline chosen for Clause 2—for objects of,
“outstandingly high artistic, cultural or historical value”—
is, as I say, causing considerable concern. According to Clause 36(3)(a), only cultural objects made before 1 January 1918 would be eligible for an exemption certificate. It is mystifying that 1918 has been used for this exemption when it appears that even an ordinary upright piano made in 1965, with keys faced in ivory, would qualify for exemption, yet a great work of art created by a leading artist from the 1920s or 1930s would not. As things stand, no items from the Art Deco movement would gain an exemption certificate. Art Deco is greatly celebrated in the fields of architecture and artistic design, and in 2003, the Victoria and Albert Museum devoted a major exhibition to the subject.
The Minister in another place has previously expressed the desire not,
“to unduly affect artistic and cultural heritage”.—[Official Report, Commons, Ivory Bill Committee, 14/06/18; col. 98.]
Is my noble friend the Minister aware that modern British art of the 20th century, by artists both living and dead, is a thriving, distinctively British and well-respected genre? On 20 June, the auctioneer Christie’s devoted its entire day’s sale to the subject. The sculptor Richard Garbe worked in a number of different media in the 1930s, including bronze and ivory. His monumental work includes sculpture in the collection of the National Museum of Wales in Cardiff, and many of his works would be considered pre-eminent by the panel that considers acceptance of historical objects in lieu of tax. The effect of the 1918 cut-off date would be to prevent his great works being sold or exported by their owners.
Lord Cormack
My Lords, I have two amendments in this group, Amendments 7 and 11. I agree with everything that my noble friend Lord De Mauley has said and I will not speak at length because I made many similar points when I introduced my earlier amendment. However, it is terribly important that we do not unwittingly pass into law an Act of Parliament that would, as its inevitable consequence, lead to the destruction of part of the fabric of our rich artistic heritage and civilisation. That is something which we should all take very seriously.
We should also take seriously the point made by my noble friend Lord De Mauley about religious significance, not just in the Christian context but in that of many religions. Of course, in the European and Christian context we should remember the school of ivory carvers that existed in Dieppe for centuries and produced, among other things, some wonderful devotional objects. They are part of the warp and weft of domestic civilisation in Europe. Just as in our churches we would throw up our hands in horror at the thought of the despoiling of monuments and other wonderful objects which happened in the 16th and 17th centuries at the time of the Reformation and the English Civil War, surely we in the 21st century do not want to connive in the despoiling of domestic objects of devotion such as those made in Dieppe.
My two amendments have a similar aim to that of my noble friend Lord De Mauley in that I would delete the words “outstandingly high” so that that paragraph in Clause 2(2) would refer to the item being of,
“artistic, cultural or historical value”.
I would of course accept “religious value” as well. That is much more objective, much less subjective, and easier to determine. In Amendment 11 I would take out the word “important” and replace it with “significant” because again that is a little less subjective and thus easier to determine.
When I spoke earlier in moving Amendment 1, I referred to the fact that there is a different application for what is an item of museum quality in my native city of Lincoln than there would be in London. There is nothing right or wrong about that, it is just a fact, and we do not wish this Bill to penalise smaller museums in places like Lincoln at the expense of London. Of course I want wonderfully important objects that naturally would go to the London museums to continue to do so—they house our great national collections. Equally, however, items from historic families in Lincolnshire, although they might be less important, nevertheless in the context of Lincolnshire history are of incalculable wealth. I hope that when the Minister replies, he will recognise the force of the many points made by my noble friend Lord De Mauley and that within this group of amendments there are things that could improve the Bill without in any way diluting its central purpose.
Baroness Rawlings (Con)
My Lords, I wish to speak to Amendment 9 and I declare my interest as a former president of the British Antique Dealers’ Association, which is still superbly run by the secretary-general, Mr Mark Dodgson.
We are all, and when I say “all” I mean in this Chamber and outside, appalled by the disgraceful poaching of elephants in Africa and elsewhere. The reports last week of the slaughter of so many elephants in Botswana are beyond belief. Although the Government announced extra funding last July, in the joint statement from the Foreign Office, Defra and DfID, I wonder whether even more direct help can be provided to range states in Africa. I hope all your Lordships agree that we want Britain to play its part in protecting elephants.
When I spoke during the Second Reading, I expressed the view that the Bill provides a framework for preventing the sale of modern ivory trinkets in this country, which is desirable, but we surely must bring a sense of proportion to how we protect elephants. As Clause 2 is presently worded, the requirement that cultural property may be sold only if it is of “outstandingly high” cultural value is so restrictive that it will have a damaging effect on the cultural life of this country and will prevent the sale of many items of historical significance.
The allegation that the UK is supporting a large commercial ivory trade conjures images in the public’s mind of a trade in ivory as a modern commodity, which is how it is thought of in Africa and Asia. I am not aware, however, of any evidence to suggest to any significant extent that modern poached ivory is imported into this country, offered for sale here or exported. I will explain this further since this is important to grasp in the context of this clause.
We have already heard from my noble friend Lord De Mauley that the number of worked ivory antiques exported from the UK is not as large as some of us imagine. Additionally, the TRAFFIC report made clear that large-scale seizures of African ivory tusks and bangles at UK airports are relatively rare. Furthermore, when they occurred, they represented items in transit to other countries, not destined for buyers or workshops here. Of course, some modern ivory carvings may have made their way to the United Kingdom, which TRAFFIC says are brought here by private individuals from trips abroad, not as part of smuggling rings. In the context of the hundreds of thousands of antique items incorporating ivory owned by people in Britain, there is no evidence that modern poached ivory is prevalent. Furthermore, as the antiques trade is aware, any seizures of exported ivory objects that occur do so because someone is attempting to export them without the required CITES permits, not because they represent examples of poached ivory.
Lucy Vigne, a conservationist and ivory trade researcher working in east Africa, is the author of a number of respected reports, including one recently for Save the Elephants looking at China and the trade in ivory there. She is on record in the press as saying that:
“This recent issue in the West has been taking away valuable time and resources from dealing with the big issues we are facing urgently”,
by which she meant,
“the trade in new ivory in Asia and poaching in Africa”.
In case the Committee feels that I have diverted from the points in hand, I say that I am not aware of anyone having demonstrated that the UK is awash with poached ivory. Precisely the same result would be achieved without sacrificing so many cultural items. For this reason, I support this amendment proposed by my noble friends Lord Carrington of Fulham and Lord De Mauley. I add that the debate is not “elephants or history”; both need preserving and should be dealt with together to be successful.
I was recently written to by Mary Kitson, who is honorary secretary of the Fan Circle International, an antique fan study group whose membership includes collectors, dealers, museum curators, conservators and art historians. She is extremely concerned about the impact that the Bill will have on this delightful part of our social history, and indeed the history of fashion. She explained that a collector of antique fans is likely to include in their collection fans whose sticks are made from a variety of materials such as mother of pearl, ivory, wood or metal. A fan’s sticks give strength to what is termed the leaf—the part of the fan that is exposed when the fan is fully opened. Fans with ivory sticks certainly comprise more than 10% ivory.
Other items of our social history include games that incorporate ivory components. The immediately obvious example is Victorian chess pieces, as mentioned earlier by my noble friend Lord Cormack. Then there are children’s games such as bagatelle, where the small balls can be fashioned from ivory, or the cup-and-ball game bilboquet, where the cup can likewise be made of ivory. Some of your Lordships may argue that these items could be given to museums, but they would not welcome thousands of duplicates. What is more, observing objects located behind a rope cordon or in a glass cabinet is not always the best way to appreciate them properly. There is no substitute for owning and handling antique objects in one’s own home, which is one of the best ways to interact with and appreciate our history. If we cannot recognise properly the way in which different materials were used historically, we can lose touch with our past.
It is very sad that people should even contemplate exchanging original materials in genuine antique objects with modern substitutes. The recent replacement of ivory with ivorine, a form of celluloid, in a Chippendale cabinet is a case in point. I worry about where all this is heading. Next, someone will suggest that bone or leather should be outlawed. Therefore, I support the proposal that exemption certificates should be issued for not only objects of outstandingly high historical value but also for those that are of the same calibre as objects found in our officially recognised museums. This would include not just the British Museum or the National Museum of Scotland but other wonderful collections, such as those of the Fan Museum in Greenwich or the Museum of Childhood in Bethnal Green.
Lord Inglewood
My Lords, I want to make a few brief comments. When I last intervened, I should have explained that I am the president of the British Art Market Federation.
I commend the introduction in Amendment 8 of the word “religious” because there is too much religious bigotry about. It is important to respect other peoples’ views as well as thinking that your own are important. I should explain that I quite like what my children call “old stuff”. For a number of years, I had the very good fortune of chairing the Reviewing Committee on the Export of Works of Art. One thing that struck me during that time was how tastes change. Can my noble friend the Minister ensure that the way in which these things are examined recognises that tastes can change? Sometimes, items that are considered of enormous global significance were more or less unrecognised even just a few years ago. That is very important to the way in which these arrangements—which will inevitably be capricious and arbitrary to some degree—are exercised.
The Duke of Wellington (Con)
My Lords, I apologise to the House for not being able to be present at Second Reading. Clearly, the Bill is a most important piece of legislation, as expressed at Second Reading and this afternoon. I am sure that everybody in this House supports the main objectives. I read the report of the Second Reading in Hansard, and I particularly commend the speech of my noble friend Lord Hague, who clearly, when he was Foreign Secretary, contributed significant movement to this attempt to control the undesirable trade in recently slaughtered elephant ivory.
Baroness Jones of Whitchurch
My Lords, I shall speak to Amendment 10 in this group. I rather resent the implication that the noble Lord, Lord Clement-Jones, and I do not understand the significance of beautiful works of art. That is clearly not the case. The debate that we are having is about—and we are repeating this time and again—how we can stop the illegal poaching of elephants to create, if you like, imitations of beautiful works of art.
We take a very different view from other noble Lords who have spoken to amendments in this group who have in some way wanted to water down the application of the Bill. We believe that the current definition of,
“outstandingly high artistic, cultural or historical value”,
is too subjective and too widely framed and therefore too difficult to apply with any certainty. We therefore believe that we should set the bar higher and make the definition clearer. These categories were all debated during the consultation and were framed by examining global best practice in this sector in terms of how you apply and enforce these definitions. They are designed to cover items that, when sold, do not directly or indirectly fuel the poaching of elephants, so we are back to that issue again.
We are concerned that the test has been toned down, given that there was an earlier form of wording. The earlier wording talked about the “rarest and most important” pieces, which appears to have been changed to a consideration of an item’s rarity and the extent to which it appears to be an important example of its type. Our concern is that that is difficult phraseology to apply with any certainty.
It is important that we get this wording right. If we do not, there may be other consequences that do not help what we are trying to achieve. We know that the sale of items that seem to be important and the best of their type is fuelling the market in Asia by making some items more desirable. Those who cannot afford the items classified as best of their type go out and try to find imitations, which is where we come back full circle to the reason for the Bill and the need to ensure that whatever we do does not carry on fuelling the demand for newly poached ivory. Despite what noble Lords have said, there is a link between antique and modern ivory and, therefore, a need to close that market. As I have said, the exemptions in the Bill have to be rigorously defined and enforced.
Although I shall not go to the wall on this, I would expect religious items to be covered by the current definitions. I am not convinced that we need a separate category; I would have thought that the cultural definitions covered that.
The noble Lord, Lord Cormack, said that he was worried about local and regional significance not being taken into account. Again, I think that the professionals assessing whether items meet the grade for an exemption certificate would be expected to take account of those local variations rather than just assuming that everything has a value only in the London markets.
Noble Lords are right that whatever we do in the UK is only part of tackling the problem. In many ways, we are only the middle people in an international trade that is passing through our country. That is why the Secretary of State is right in wanting to use the forthcoming international wildlife crimes conference as a means for the UK to put pressure on other countries. There is no point in us trying to do it in isolation; we have to make sure that other countries follow suit, as a number already have. This legislation is only part of the jigsaw, but we have to play our part in all this. To do that, we have to get rigorous, enforced definitions right. I am not sure that we have got them right at the moment and worry that there is too much room for subjectivity, but I am sure that the Minister will reassure me and others that the current definitions hold up.
Lord Gardiner of Kimble
My Lords, my noble friends’ amendments would widen the scope of Clause 2 to allow more items to fall under this category of exemption, while the noble Baroness, Lady Jones of Whitchurch, strives to tighten it. As noble Lords will know from Second Reading, the Government came forward with the current set of exemptions in discussion with the antiques and museum sector.
The Bill’s intention is to prohibit commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes. My noble friend Lady Rawlings and other noble friends mentioned the UK’s market. Between 2005 and 2014, 31% of ivory exported from the EU for commercial purposes was from the UK; the number of worked ivory items exported to mainland China increased from 2,000 to 11,000 between 2010 and 2014, and the UK Border Force recorded 602 seizures of illegal ivory items moving into and out of the UK in the four years between 2013 and 2017.
This is the scenario in which we exist and why what we have had before is simply not good enough. I emphasise that we intend this to be one of the toughest bans in the world. We are clear as a Government that this is the right thing to do in terms of leadership. We also recognise—I feel that my noble friends in particular as owners of ivory see this differently from me—that the public interest of saving the elephant has the supremacy on these matters. However, we have sought as a responsible and reasonable Government to ensure exemptions that we think are proportionate. That is why the limited and targeted exemption from the prohibition on dealing for pre-1918 ivory items which are of outstanding,
“artistic, cultural, or historical value”,
have a rarity value and are important examples of their type is legitimate.
As has been said before, it is not the Government’s intention to affect our artistic and cultural heritage unduly. This exemption recognises that a certain stratum of ivory items are traded not because they are made of ivory, but due to their artistry or rarity. I assure both my noble friends and the noble Baroness, Lady Jones of Whitchurch, that the Government have worked extensively with conservation NGOs and the arts and antiques sector to shape this exemption. We believe that the clause, as it stands, is a proportionate approach and any change would undermine this carefully balanced position. Indeed, the chairman of the Society of Fine Art Auctioneers welcomed the distinction our proposals make,
“between the market for ivory as a substance … and the market for works of art whose significance lies in their status as works of art, not for what they are made of”.
The criteria which must be met for an item to qualify under this exemption are intentionally narrow and will be detailed in statutory guidance. My noble friends Lord De Mauley, Lord Cormack and Lord Inglewood referred to religious significance being a key factor for consideration when determining whether to issue an exemption certificate. We consider religious significance to be a factor of both cultural and historic significance—a point that the noble Baroness, Lady Jones of Whitchurch, made—so we do not believe that it is necessary to reference it separately in the Bill.
On the rationale behind the 100 years backstop, this date has been chosen as it is in line with the commonly agreed definition of “antique” as being items that are 100 years old. It represents 100 years before the Bill was introduced. The amendment from my noble friend Lord De Mauley seeks to widen this exemption to items,
“suitable ... to the collection of a qualifying museum”.
We believe that this is too broad a definition to be included as part of what is intended to be a clearly defined exemption. It is worth noting that any accredited museum may purchase an item of ivory whether or not it meets one of the categories of exemption under Clause 9. This ensures that the decision to purchase rests with the relevant experts at accredited museums.
I repeat that the rationale behind this Bill is the need to curtail the demand for ivory that is driving the disastrous poaching of elephants in increasing numbers. I noted in my Second Reading speech and, indeed, today, that this demand is fuelled by both the illicit and the licit trade. This is what the African leaders are asking to do. It is what is coming out of the UN report. It is not a Minister just saying it. People in Africa and the UN are saying to us: “Please will you bear down on your licit trade because it is part of the problem”.
I am sorry to disappoint my noble friends, but I am sure they will understand that this is designed as a narrowly drawn exemption. I am not in a position to accept the amendments and I emphasise that a great deal of attention has been paid to what are tightly defined packages of exemptions, of which this is one. I believe that the Government have produced something that is proportionate and on those grounds I ask my noble friend to withdraw his amendment.
Baroness Byford (Con)
My Lords, I want to follow up on the figures the Minister has given us. I apologise that I could not take part in Second Reading, but I am listening very carefully to the debate today. If I heard him correctly, he said that 31% of exports within the EU came from the UK. That struck me, and I wonder if it is possible to know whether those items that were exported would have fallen under the category of,
“high artistic, cultural or historical value”,
or whether they were much more ordinary, everyday exports. That might have a bearing on some of our discussions. I do not expect him to answer now, but it might be helpful to those of us who are concerned and feel sympathetic towards some of the amendments if that information could be made available.
Lord Gardiner of Kimble
I will, of course, look into what my noble friend said and write a letter, which I will place in the Library.
Earl Attlee
My Lords, I apologise to the Committee for not giving my counsel on this group of amendments: I am conflicted out, but it has nothing to do with ivory.
Lord De Mauley
My Lords, I have listened carefully to what my noble friend the Minister said and I shall read it in Hansard as well. I did not hear him or, indeed, the noble Baroness, Lady Jones, address, for example, the matter of the greatly respected art deco movement, which is all post-1918 and therefore not covered by the 1918 exemption, or the misleading 2016 export figures that are often trotted out. I just hope that the Government know what they are doing. I shall not press these amendments today; I reserve the right to bring them back on Report, but for now I beg leave to withdraw the amendment.
Ivory Bill
Monday 10th September 2018
(5 years, 7 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-II Second marshalled list for Committee (PDF) - (10 Sep 2018)
Lord De Mauley
Lord De Mauley (Con)
My Lords, many of the objects that will require registration under the Clause 10 requirements will be low in value. This will include old pianos offered for sale privately for £50 or small domestic objects such as mirrors with surrounds in mahogany inlaid with thin ivory strips selling for perhaps £30. As I previously indicated, there is no compelling reason for us to discourage the reuse of such antiques. If the registration fee is set too high, only the more valuable ivory items would be worth registering, and lower-value ones would end up being thrown away. Whether or not it is intended to charge the fee as a fixed percentage of the value of the item or a flat fee, I believe it is sensible to impose a cap. If nothing else, it will encourage efficiency in those who operate the database system. I beg to move.
The Earl of Kinnoull (CB)
My Lords, I shall be brief. I will speak to Amendment 31, which is purely a probing amendment. Following Second Reading, it struck me that the success of this Bill would very much depend on the take-up rate of the use of the register, so my amendment is aimed at trying to probe a bit of that. I noted that in the Bill, while plenty of powers are given to the Secretary of State to charge fees for registration, there is no duty alongside that, telling the authorities what they should be trying to do. My amendment is aimed at trying to put a bit of duty alongside the powers.
I notice that the success of curbing drink-driving in the UK has been very much driven by the fact that people in the country now expect people not to drink-drive. We need to ensure that nothing stands in the way of people developing a feeling that ivory has a special and difficult thing associated with it. Therefore, they should comply with this law enthusiastically, because it will help the problem that we have all been talking about. I do not think I can add any more.
Baroness Jones of Whitchurch (Lab)
My Lords, I shall speak briefly on these two amendments. I think we all accept that the cost of registration should not be prohibitive. Equally, I have to say that I think a blanket fee of £5 is unrealistic. It should not, however, be used as a money-raising opportunity, as some government fee systems have been found to do. In his letter to us after Second Reading, the Minister made it clear that the fees would be based on a cost-recovery calculation. Fine, but he went on to say that the calculation would be based on the cost of building a new IT system. At that point, alarm bells started to ring. I am sure that the Government would accept that they have a rather shaky reputation for delivering IT systems on budget.
I therefore hope that the Minister will take this opportunity to reassure us that the cost will not be prohibitive and that it will take into account the ability to pay of a wide range of potential traders who might want to use the system, taking on board the points that have been made that they will not always be the professionals and those who are able to pay large fees.
We have referred to the registration scheme several times and I know that the Minister says that we will have further details of it, but it would be helpful if he could clarify the timescale for it. Will we definitely have more details before Report?
Baroness Vere of Norbiton (Con)
My Lords, both amendments relate to the fees that can be set by the Secretary of State when registering an item containing ivory. When owners register their items under the exemptions for items of low ivory content, musical instruments, sales to museums and portrait miniatures, it is only right that they pay a fee for the service provided. This fee will contribute to the cost of building and administering the registration system.
On my noble friend Lord De Mauley’s amendment, we need to be careful about setting a fee on the face of the Bill—that is, in primary legislation—as, over time, circumstances which will need to be taken into account may change and mean that it is necessary to revise the fee—in either direction.
To reiterate, the Government intend that the fee will be small and proportionate, but I cannot agree with my noble friend that a fee of £5, set out in primary legislation, is appropriate. The fee will be dependent on the cost of the IT system and its administration and will be determined in accordance with Her Majesty’s Treasury’s guidelines with regard to cost recovery. I hope that alarm bells are not now ringing. We aim for the system to be as simple to use as possible.
On Amendment 31, in the name of the noble Earl, Lord Kinnoull, I recognise his interest in ensuring that fees are not set at a rate that would discourage registration and entirely share his view. The Government are finalising the specifications for the registration system. Further details will be available in due course, but I do not have a time for them as yet. If I get one, I will write to noble Lords and advise them. Work to date has included input from a range of stakeholders, including those most likely and most frequently to use the system; for example, representatives from the Association of Art & Antiques Dealers and the Music Industries Association. We want to ensure that we understand their needs. Our aim will be to develop a system that is simple to use and cost effective.
We recognise that many items registered under these exemptions are likely to be of a lower value than those that qualify as exempt under Clause 2, so I can assure noble Lords that the registration fee will reflect that. As I have said, the Government are taking into account a wide range of opinions. I reassure noble Lords that we recognise the intent behind the amendments and acknowledge that it is in no one’s interest to have fees that are unacceptably high. I hope that my noble friend will feel sufficiently reassured to withdraw his amendment.
Lord De Mauley
My Lords, I suppose that I shall have to be happy, at least for this eventing, with my noble friend’s assurance that the fee will be small. For this evening, I beg leave to withdraw the amendment.
Lord Cormack
Member’s explanatory statement
This amendment is designed to simplify the bureaucratic arrangements which will follow the enactment of this Bill.
Lord Cormack (Con)
My Lords, my noble friend Lord De Mauley has been made tolerably happy for the moment. I am delighted about that, even if it is in a very small matter. I hope that on an equally small matter, although one with real repercussions, I can be made happy, because, as I explain in the explanatory statement:
“This amendment is designed to simplify the bureaucratic arrangements which will follow the enactment of this Bill”.
This amendment does not really concern elephants at all, and I hope that my noble friend—whichever noble friend responds—will be able to accept it. It provides that the certificate,
“remains valid if the ownership of the item passes by inheritance to a member of the family of the registered owner”.
I am not even asking that it should remain valid if it is given to somebody outside the family or is left in a will to somebody without a family connection.
Many such objects will be on the premises. Although I hope it will be many years before our noble friend the Duke of Wellington goes to a higher place, if the things that remain his property in No. 1 London or at Stratfield Saye pass to his son or another member of the family by inheritance, it seems quite unnecessary to have to go through the bureaucratic rigmarole again. I really hope that I will get a sympathetic response to this extremely modest—but I believe entirely sensible—proposal. I beg to move.
Baroness Jones of Whitchurch
My Lords, I understand what the noble Lord, Lord Cormack, is trying to achieve but, with the best will in the world, I am not sure that it is practical. If an item is important enough to be passed down through inheritance to another family member, it is also important that the new owner has an up-to-date registration certificate for it.
The Bill requires that if there is a change of owner a fresh application should be made to register the item. This is important because it will ensure that the registration system has an up-to-date record of the name of the owner and their contact details and so on. Without this change of ownership recorded on the register, we are concerned that confusion might arise as to who has the legal obligations of ownership spelled out elsewhere in the Bill. If an item appears on the market or if it is suspected of being a forgery, the enforcement officers will not know whom to contact to clarify the position.
I am trying to give the noble Lord something to be cheerful about but I do not think that this is the way to go about it. I do not think an automatic transfer of an item and the registration certificate would work without the associated paper trail to show the current ownership.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, the intention behind my noble friend’s amendment is to provide that a person who inherits a registered ivory item from a family member would not need to reregister it under Clause 10, regardless of whether he or she intends to deal in the item themselves. Clause 11(2) places duties on a registered owner to notify the Secretary of State when he or she becomes aware of any relevant information relating to the registered item becoming invalid or incomplete. A person inheriting a registration in an ivory item would therefore be subject to this duty at the point he or she became responsible for the registration. I think the noble Baroness, Lady Jones of Whitchurch, outlined very compelling reasons. If a person inheriting or taking possession of an ivory item is unaware that the item is registered, the Government would expect that person to decide whether he or she wants to sell or hire the item and to register it accordingly.
The main point I want to reference is that we are working extremely hard with all concerned to ensure that the self-registration of ivory items will be straight-forward and as simple as possible for those expected to use the registration system. For the security of the next generation in ensuring the item is as it should be and is properly registered, I am very sorry to have to disappoint my noble friend. It is in the interest of the next generation that we have the provisions for the points that the noble Baroness, Lady Jones of Whitchurch, outlined rather better than I have. On that basis, I respectfully ask my noble friend to withdraw his amendment.
Lord Cormack
I am sorely tempted to divide the House. I say to my noble friend that all you need is a simple form that informs that the new owner is by inheritance the Marquess of This or Mr That. That is all that has to be done. You do not have to go through a whole paraphernalia of reregistering. That is what I am against. I hope we can come up with a formula, my noble friend and I, which will be acceptable on Report. With that hope, which is almost certainly a vain one, I beg leave to withdraw the amendment.
“Verification of exempted items
(1) The Secretary of State may by regulations made by statutory instrument provide for the verification of the exempted status of an item containing ivory.(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”Member’s explanatory statement
This new Clause would allow the Secretary of State to create a verification system to enable a person intending to purchase an item containing ivory to check that it has been registered as exempt or has an exemption certificate.
Baroness Jones of Whitchurch
My Lords, this proposed new clause would allow the Secretary of State to create a verification system to enable a person intending to purchase an item containing ivory to check that it has been registered as exempt or has an exemption certificate. That is imperative to ensure that the exemption process is robust and deliverable. Defra has stated that:
“The compliance processes will enable sellers to demonstrate that their items meet the relevant exemption, and thus that their use in commercial dealing is permitted under the Bill. The processes will also enable potential purchasers to assure themselves that they are acting in accordance with the ban”.
The term “assure themselves” is interesting and seems to indicate that a buyer has less responsibility to ensure compliance with the ban than a seller. Given that the definition of dealing in Clause 1 specifically includes buying ivory, we believe that a trustworthy system needs to be available so that buyers can ensure that they are complying with the law.
There are many reasons why a buyer may need to verify that an item is exempt; for example, when purchasing an item online. A buyer may not even be aware of what a legitimate exemption certificate should look like and may seek the reassurance of an independent confirmation. We are also aware of cases involving legal CITES Article 10 certificates and fraudulent copies being used to conceal illegal ivory. Sadly, unscrupulous dealers may well attempt to contravene the ban though such tactics. At the same time, an added advantage would be that a failed verification check could bring an individual to the notice of the authorities and be used to support a prosecution.
I hope that noble Lords will see the sense of the proposals we are making today, and that the Minister will feel able to take this proposal away and come back with suggestions as to how a robust verification process could be implemented. Of course, key to that will be the infamous IT system, when it is in force, and the issue of data, data protection and access. I realise that there are more complications to this than I am suggesting, but we feel nevertheless that buyers should have the right to make those checks and I therefore beg to move.
Lord De Mauley
My Lords, I think that this is a most sensible suggestion. The definition of “dealing” includes buying ivory objects, so how else is a buyer to avoid breaking the law, unless they have a means of verifying either that a de minimis object has been registered, or that an exemption certificate has been issued for an outstanding one?
Baroness Vere of Norbiton
My Lords, the intention of this amendment has been set out by the noble Baroness, Lady Jones, so I will not repeat it. The Government agree that a potential buyer must be able to verify that it is legal to purchase the item before finalising the sale. If the purchase is in person, the buyer will need to examine the exemption certificate issued for a rare and most important item, as this will need to accompany the item at the point of sale. The buyer will also be able to confirm that it is genuine via the online system. For online sales, the seller should confirm that an exemption certificate has been issued and will be transferred with the item. As with offline sales, the buyer will be able to confirm that it is genuine.
A buyer wishing to check the legality of selling or hiring an item registered as being exempt under Clause 10 will be able to look it up on the database, through the item’s reference number. This number should be provided by the seller. It is in the seller’s interest to ensure that the information is available to provide the buyer with confidence. The potential buyer will then be able to compare the photos and the description on the registration system with the object that they intend to purchase. The registration system is currently being developed, in consultation with many of those who are likely to use it, as we have just discussed. We are able to do this without making regulations and, as I have set out, we intend to include this functionality in the new system. Guidance will set out the best way for a seller to assure a buyer that they are able to legally purchase an item, and enable a buyer to satisfy themselves that they are able to legally purchase that item. With this explanation, I hope that the noble Baroness will withdraw her amendment.
Baroness Jones of Whitchurch
I thank the Minister for that reply. I am pleased to hear the stages that she set out and confirmation that there will be that access to a verification system. I was disappointed in her last comment that we do not need regulation on this, which is part of what our amendment proposes. I think this is straying into the whole area of the Delegated Powers Committee report; it queried the extent to which information like this should be in the Bill rather than just being taken in the form of guidance, which I think is what she said. I would like to look at this in more detail. Again, it comes back to when we will have more detail before Report but, obviously, at the moment I beg leave to withdraw my amendment.
Lord Grantchester
“Report on exemptions to the ivory ban
(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State must prepare a report on certified and registered exemptions to the prohibition; and—(a) lay a copy of that report before both Houses of Parliament, and(b) publish the report.(2) Subsection (1) does not apply in relation to a year if section 3 of this Act has not been in force at any time in that year.(3) A report prepared under this section must include the following information—(a) the number of applications received;(b) the number of applications rejected;(c) the number of appeals received;(d) the number of exemptions granted on appeal;(e) the number of exemption certificates and registered exemptions revoked; and(f) any other information that the Secretary of State considers appropriate.(4) The information listed in subsection (3) must be listed by category of item.(5) The Secretary of State is responsible for prescribing the categories referred to in subsection (4).(6) The Secretary of State is not required to include in a report any information that, in his or her opinion, it would be inappropriate to include on the ground that to do so—(a) would or might be unlawful, or(b) might enable the identification of the owner.”Member’s explanatory statement
This amendment would require the Secretary of State to prepare and publish an annual report on exemptions to the ivory ban. The report must provide statistical information about applications, appeals and revocations by category of item as determined by the Secretary of State.
Lord Grantchester (Lab)
My Lords, I rise to move Amendment 35 standing in the name of my noble friend Lady Jones. We need as much transparency as possible about whether this system that has been devised for granting exemptions is operating as intended. While the Government have committed to publishing headline figures about the number of exemptions granted, we believe that breaking down these figures into more meaningful categories of exemption and item type would provide us with important data and allow for confidence in the Act.
We recognise, however, that there is a balance to be struck between transparency and privacy, given that we have been led to expect that only a small number of items will be exempted on the grounds that they are the rarest and most important of their type and that it could therefore prove quite easy to identify these items and link them to certain individuals. When this point was debated in another place, the Parliamentary Under-Secretary of State, David Rutley MP, advised that it was unlikely the Government could publish more detail on the specific items exempted for data protection reasons but gave an undertaking to consider whether the headline figure could be broken down further to cover broad categories of items, such as statues, reliefs or furniture, for example.
Given that there was such an overwhelming support for a total ban, better transparency is needed on how the ban will work, how effective each exemption has been, and how workable the regulations and monitoring have proved to be. This amendment reflects the pledge by instructing the Secretary of State to prescribe the appropriate categories for the purpose of publication and specifically to preclude the release of any information that would be unlawful or might lead to the identification of the owner. I am sure the Minister will agree that such transparency can be assured through amendments such as this one. I beg to move.
Baroness Vere of Norbiton
My Lords, the Government are in full agreement with the principle of this amendment. We acknowledge the importance of transparency and providing information to the public. That is why, once the ban is in force, we intend to share publicly information on how the ivory ban is working in practice, as this will be essential to ensuring public confidence in the ban and the supporting systems. I therefore assure the noble Lord that we already intend to publish headline data on the number of registered items and exemption certificates issued and revoked each year, as well as the appeals, in line with the Data Protection Act.
Furthermore, regarding subsection (4) in the amendment, I confirm that we will further break down headline figures as far as we are able—for instance, to cover broad categories of items such as statues, reliefs and furniture. In light of these assurances, I ask the noble Lord to withdraw his amendment.
Lord Grantchester
I am very happy to receive such assurances and feel that maybe I have been the lucky one to be satisfied tonight. I am grateful to the Minister. Perhaps we can examine on Report how this may be put in the Bill so that more substance can be given to her reassurances. With that, I beg leave to withdraw the amendment.
Ivory Bill
Wednesday 12th September 2018
(5 years, 7 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-II Second marshalled list for Committee (PDF) - (10 Sep 2018)
Baroness Jones of Whitchurch (Lab)
My Lords, Amendment 36 would remove the defence of ignorance for those found to be in breach of the Act. At Second Reading numerous concerns were raised about how unsuspecting members of the public could accidentally flout the ivory ban. There was much discussion about selling an item found in grandma’s attic or at a car boot sale that, unbeknown to them, contained ivory. Of course some of this challenge comes down to publicity and communication. As with all new legislation, there is a need to make the public aware of their new responsibilities, and indeed progress has already been made. As we discussed, the consultation received a record number of responses, which is indicative of public and industry awareness. This will undoubtedly grow when the UK hosts the international Illegal Wildlife Trade Conference, at which the Secretary of State has already made it clear that he intends to highlight this flagship legislation. So really everyone should know the situation regarding the sale of goods containing ivory and understand that it has changed. Meanwhile the National Wildlife Crime Unit will have to focus its scarce resources very carefully. It simply will not have the staff to visit car boot sales on the off-chance of a transgression. As the unit itself has made clear, it will,
“deal with the ones who have a complete disregard for policy protocol legislation … who are deceptive, who lie and who want to make money out of this”.
While we understand the principle behind this subsection, we believe that genuine accidental transgressions of this type can be dealt with lightly through an enforcement undertaking with no monetary penalty, and that this provision is therefore unnecessary. We are concerned that unscrupulous traders could exploit this loophole so that they could continue to deal in ivory with impunity, only to feign ignorance if they are caught. We know that new elephant ivory is offered for sale and is often mislabelled as antique ivory, ivory from other species or other material altogether, such as bone. In some instances this may have been due to genuine unawareness, although deliberately mislabelling it is a well-known tactic in the illegal ivory trade. For the ban to be effective, it is imperative that any exemptions are narrowly defined and that breaches can and will be enforced. That is why we believe the defence of ignorance would undermine the intention and effectiveness of the Bill. I hope noble Lords understand the point that I am making and will support this view. I beg to move.
Lord De Mauley (Con)
My Lords, I reiterate my declaration of interest as chairman of LAPADA, the art and antiques dealers’ trade association. We have worked closely with BADA, the other major trade association.
On the face of it, Clause 12(2) provides protection against prosecution for those people who are not aware that the item they are handling contains elements of ivory. That they may be prosecuted only if it can be shown that they knew or suspected, or ought to have known or suspected, that an item was made from ivory appears to me to be reasonable. I suppose that I could see that the interaction between this subsection and Clause 35(4) could cause confusion and potentially prove unjust. As I understand it, Clause 35(4) means there is the presumption that, if a material can be proved to be ivory of any animal, it can be assumed to be the ivory of an elephant unless proved otherwise. If one takes the case of someone who genuinely believes an item to be made from the ivory of another species and not from elephant ivory, I am not sure whether they would receive the protection of Clause 12 because it does not refer specifically to elephant ivory. I wonder whether the Minister can shed any light on this point.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, this amendment would mean that persons could not use a defence that they did not know or suspect, or ought to know or suspect, the item was ivory. I should therefore explain why this provision was included and how it would be applied.
This provision has been included to help tackle the problem of illegal ivory items being deliberately mislabelled as another substance, such as bovine bone. It is also to protect those who fall victim of mislabelling of ivory and who, and I underline this, genuinely did not know that the item they were buying contained ivory. The purpose of the Bill is not to penalise or criminalise unnecessarily people who have made a genuine mistake. This provision also allows the police, enforcement bodies and courts to use their professional discretion when considering the most appropriate approach to deploy for individual defendants.
The issue of labelling ivory as another substance when it is sold is a common one. Illegal ivory items are often deliberately mislabelled as another substance, such as bovine bone, in order to evade existing restrictions on ivory sales. For this reason, the Bill ensures it is an offence to deal in ivory where that person knew or suspected, or ought to have known or suspected, that it was ivory. In practice, this means that, where it is clear that a person is deliberately mislabelling ivory as some other substance in order to attempt to circumvent this ban, this will be an offence. Likewise, anyone buying items of mislabelled ivory who could reasonably be expected to know it is elephant ivory will also be liable.
The enforcement bodies and courts will consider the position of the person when taking a view as to whether they should have known or suspected the item was ivory; for instance, if the person is an antiques dealer or a member of the public. They may also, for example, take into account if it is a repeat offence or if the seller deliberately mislabelled the item and then provided other information to indicate more discreetly to potential buyers that the item was in fact ivory. For example, sellers have been known to include close-up photographs in order to show the tell-tale lines or crosshatching, which are characteristic of ivory.
I will need to reflect on what on my noble friend Lord De Mauley said, but the Bill at this moment relates to elephant ivory. We will come on to further amendments that relate to the ability of this legislation potentially to extend to other species. For the moment, the Bill is dealing with elephant ivory.
Clause 12(2) is phrased to capture some instances of genuine mislabelling, where there was no intention to breach the ban and where the person could not reasonably be expected to know the item was ivory. This element of the Bill is designed to protect such people, who may be buyers, sellers or those facilitating a sale or purchase and whose prosecution I think your Lordships would accept is not what we are seeking in this legislation. I hope for those reasons the noble Baroness is able to withdraw her amendment.
Baroness Jones of Whitchurch
My Lords, I think that we want to achieve the same thing here. It is a question of whether the existing wording achieves what the Minister has outlined. We do not want to penalise or take to court any innocent person who is trapped in this way. That is not our intention and clearly it is not the Government’s intention. However, I do not know how you can prove that someone genuinely did not know that something had ivory in it. I have a feeling that we are trying to prove a negative here, which in terms of enforcement will be quite difficult.
Therefore, we are in the game of asking how you prove that somebody ought to know and how you prove that somebody could not possibly have known. It is quite unusual to have a get-out clause in a Bill that says, “If you didn’t know about it, we’ll let you off”. With most legislation—it might be banning smoking in cars—it is not normally a defence to say, “I didn’t know”. Equally, I find it odd that the Bill is introducing a situation where someone can say, “I didn’t know, so maybe I should be let off on this occasion”.
I think that we want to achieve the same thing; I just do not feel that the wording here delivers what the Minister is trying to get at, and I would like to reflect a little more on his response. I hope that, in return, he will listen to what I am saying because, as I said, I am not sure that this wording delivers his exact intent. Maybe there is another way through this but, for the moment, I beg leave to withdraw the amendment.
Member’s explanatory statement
This is a probing amendment concerning the discrepancy between the maximum term of imprisonment for breaching the prohibition in Northern Ireland compared to England and Wales, and Scotland.
Baroness Jones of Whitchurch
My Lords, this is very brief probing amendment. It concerns the discrepancy between the maximum term of imprisonment for breaching the prohibition in Northern Ireland compared to England, Wales and Scotland.
The Bill states that the criminal sanction for breaching the legislation in Scotland, England and Wales is 12 months’ imprisonment, whereas it is just six months in Northern Ireland. Can the Minister confirm that this discrepancy reflects the fact that the United Kingdom does not have a single legal system? Is the law somehow different in Northern Ireland or is this simply a drafting error? On the face of it, the current wording does not seem fair or logical. I look forward to the Minister’s response and beg to move.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I support the noble Baroness, Lady Jones of Whitchurch, on this probing amendment. Although I accept and respect that it is for the devolved Administrations to set their own penalties, we must keep in mind the difficulties that this will cause. As we all know, the devolved arrangements in Northern Ireland have broken down and there appears to be little prospect of them resuming in the near future. This would leave a situation where the penalties in one part of the UK were lighter than in the rest.
Those seeking to circumnavigate the law and benefit from the proceeds of trading ivory might be prepared to risk a six-month imprisonment term instead of 12 months. These are, after all, hardened criminals. It would be extremely unfortunate if the trafficking in illegal ivory and ivory products were shifted to Northern Ireland because the penalties there were more lenient. I respect completely what the noble Baroness, Lady Jones, said, and I am sure that the Minister will give clarification—but I wonder whether the Government and the Secretary of State might consider having uniformity of sentencing across the UK.
Baroness Vere of Norbiton (Con)
My Lords, the amendment from the noble Baroness, Lady Jones, seeks to increase the maximum prison term for breaching the prohibition in Northern Ireland. As a result of the devolution settlement, Northern Ireland has the power to adopt practices concerning criminal justice that are different from those in England and Wales. The sentence that would apply in Northern Ireland is up to six months and is set out in the laws applying to that nation.
In England and Wales, Section 154(1) of the Criminal Justice Act 2003, which would increase the maximum sentence available on summary conviction from six months to 12 months, has not been commenced. This means that currently the maximum sentence available in England and Wales on summary conviction is six months. Therefore, the two are in alignment and thus the penalties are the same across the UK. Should the relevant section be commenced for England and Wales, the maximum available prison sentence would increase to 12 months—the Bill provides for that—and the two would no longer be in alignment. With that explanation, I hope that the noble Baroness will feel able to withdraw her amendment.
Baroness Jones of Whitchurch
I am grateful to the noble Baroness for that explanation. We were just trying to establish the facts of the case, and she has clearly set them out. Obviously we will respect the devolution package and we certainly do not want to force something on Northern Ireland where it thinks it has some control of its own in these matters. I am grateful for that clarification and need not say anything more on it. I beg leave to withdraw the amendment.
Lord Grantchester
“Report on enforcement resources
(1) Within 12 months of section 12 of this Act coming into force, the Secretary of State must make an assessment of the resources available to enforce the prohibition.(2) The report must consider in particular—(a) the resources allocated or planned to be allocated towards enforcing the prohibition,(b) the potential impact of any change in resources so allocated or planned to be allocated, and(c) the impact on other law or border enforcement activities of the resources so allocated or planned to be allocated.(3) The Secretary of State must lay a report of the assessment under this section before each House of Parliament as soon as practicable after its completion.”Member’s explanatory statement
This new Clause requires an assessment to be made and laid before Parliament regarding the level of resources allocated or proposed to be allocated to enforcing the prohibition against dealing in ivory.
Lord Grantchester (Lab)
My Lords, I rise to move Amendment 38 in the name of my noble friend Lady Jones and to speak to Amendments 59 and 60 in this group. Enforcement is a critical part of achieving the aims of the legislation and must not be neglected. This proposed new clause would require an assessment to be made and laid before Parliament on the level of resources allocated, or proposed to be allocated, to enforcement of the prohibition in ivory dealing. The Minister’s department must demonstrate determination to enforce the provisions of the Bill to underline its commitment.
As noble Lords will appreciate, enforcement is a resource-intensive undertaking. However, many of the agencies and authorities we expect to be involved with enforcement of the Bill are already struggling. Home Office statistics show that the number of police officers fell from 143,734 in March 2010 to 123,142 in March 2017. The CITES Border Force team has just 10 members, who carry out more than 1,000 seizures a year, each one generating months of work. The National Wildlife Crime Unit has only 12 members of staff, including administrative staff, to cover the entirety of its work across the UK. The team not only carries out investigations referred from the Border Force but works right across all the UK wildlife crime priority areas, which is a significant remit outside CITES and includes domestic wildlife, bats, badgers, and prosecutions relating to birds of prey, freshwater pearl mussels and poaching. All of these sit within the UK’s strategic priorities, and the work of the National Wildlife Crime Unit is split right across all these areas.
Ivory products are the most popular wildlife item on the international market, despite a global ban on ivory sales imposed by the 180-nation Convention on International Trade in Endangered Species. This legislation could therefore increase the Wildlife Crime Unit’s work exponentially. A strong commitment to future funding is vital if that important work is to continue. We have heard that the funding is committed until 2020 but, beyond that, the National Wildlife Crime Unit has had no formal indication that there will be continued funding, which clearly causes concern. It is unable to plan or commit to long-term strategies. It is very difficult for any agency to form business plans when, in 20 months’ time, it may not exist at all.
The APHA, an executive agency with an existing wide-ranging remit, will be responsible for administering and enforcing the registration and certification scheme. The Minister has previously confirmed that the APHA will be responsible for conducting spot checks on items registered, to check for accuracy and compliance, and will be working with the police and others to enable them to carry out any enforcement and monitoring action necessary. This is a key and very necessary part of the regulations, so it should be carried out by skilled members of staff trained to identify ivory. Has the Minister’s department carried out a budget and manpower review of the Bill’s implications for the APHA?
Finally, the Minister has advised that the regulator—the Office for Product Safety and Standards—will also play a role in enforcement. There was very little scrutiny in the other place of why this BEIS agency has been selected to oversee most of the enforcement of the Act under civil penalty provisions. Will the Minister explain why the OPSS has been chosen, given that the Ivory Act will form part of the global wildlife protection legislation that is administered by Defra? The OPSS has no expertise in wildlife regulation and there is concern that it will be preoccupied by its other work. Will the Minister assure the House that there will be sufficient funding for specially trained and dedicated staff at the OPSS to work on enforcing the ban on dealing with ivory?
Will the Minister also spell out how the OPSS will operate alongside the police, the CITES border force and the National Wildlife Crime Unit? How will the responsible areas be defined and split between the agencies when the regulator will be in another department? Will the Minister explain how the enforcement will be structured? I trust that the Government will commit to ensuring sufficient manpower and resources, otherwise the Bill will be toothless and treated merely as non-binding guidance, and the public will interpret from this that the Government are not committed to taking the measure seriously.
Amendments 59 and 60 call for a report on the impact of the Act on the ivory market. I may respond later to the remarks from the noble Earl, Lord Sandwich, and the noble Baroness, Lady Sheehan. At this stage, I will comment only that Amendment 59 seems to focus more widely on the international market, whereas Amendment 60 in the name of my noble friend Lady Jones is focused on the domestic market—albeit that both call also for a report from DfID to be included explaining how the work of the department has contributed to the aims of the Bill.
In Committee in the House on Monday, the Government were conducive towards Amendment 35 on producing a report on exemptions to the ivory ban. They intended to share publicly information on how the ivory ban was working in practice. It seems logical to press the Government to go further and report more widely on the domestic ivory market as well and, by extension, include how the Department for International Development has worked with communities overseas that are on the front line in the battle against ivory poaching.
The proposed new clause in Amendment 60 provides for a practical analysis of the impact of the Bill in its ultimate purpose to reduce the illegal trade in ivory and to save the elephant from further slaughter. Importantly, the report should consider the impact on nations and communities that generate income from the trade, given that the Bill responds to calls from African nations that stand as one to demand an end to the market for ivory across the globe that fuels the drive for poaching. As we have argued throughout the passage of the Bill, reducing demand is the key tenet of a wider strategy. It will place the Bill alongside the activities of other nations to provide leadership on an international scale, which the Secretary of State can underline when he hosts the illegal wildlife conference in London in October. I beg to move.
The Earl of Sandwich (CB)
My Lords, I follow the noble Lord, Lord Grantchester, in speaking to Amendment 59. No one who listened to the Second Reading debate in another place can be in doubt of the Government’s determination to eliminate the criminal trade in ivory. This concerns at least three government departments. We have not yet heard from the international development side of the story and I have not so far spoken, but I will not delay the Bill by repeating what was said at Second Reading.
My primary interest is not in the ivory trade, although I sympathise with many of the concerns expressed, but in the communities where elephants and people live and how they will be affected—or assisted—by the Bill. Several MPs have tried to amend the Bill on their behalf and to widen it to include the protection of other endangered species, listed in CITES, such as rhinos and even tigers and snow leopards. I am not, however, going quite that far today. That is the subject of a later amendment in the name of the noble Baroness, Lady Jones.
People are saying different things on the Bill. In Committee, I have been struck by the occasional polarisation of opinion. For example, the noble Baroness, Lady Jones, said on Monday that she was protecting elephants, while the noble Lord, Lord Cormack, and others were protecting inanimate objects. My noble friend Lord Berkeley said that some of the resources required in monitoring the ivory trade would surely be much better directed towards the problem itself—towards protecting elephants and prosecuting the criminals who try to make money out of ivory. I sympathise with him.
Ivory may not be seen with quite the same reverence at a local level in Africa or Asia. Elephants, on the other hand, especially those that still have their tusks and their teeth intact, are highly respected. There are some robust programmes targeting poachers and dealers, many of whom, as in any crime, are inevitably seeking a way out of poverty. When it comes to the need for human survival, desperation can easily lure people into crime, so poverty alleviation and sustainable development must always be partners of human and animal rights.
One must not be too pious about this. We have to be aware that corruption goes a lot higher than poachers and dealers. In some communities, the elephant is quite unromantic and can become the enemy of development. I have witnessed a dangerous bull elephant in South Africa—I expect a lot of people have. Anyone in Assam will remind you that elephants never forget and wreak terrible and regular vengeance.
DfID already focuses on alternative livelihoods as part of the UK campaign to end the ivory trade. I warmly welcome that. All too often, criminal activity is seen as an easy alternative to low pay and lack of opportunity. There are many organisations tackling this, such as the African Wildlife Foundation, which combines preventing trade in ivory with development projects in local communities. The AWF, for example, has a programme to bring wildlife criminals to justice through the training of rangers and prosecutors. It has had much success with sniffer dogs at Nairobi and Entebbe airports. In the same region, the charity Save the Elephants has recruited Turkana and Samburu women to help to track elephants in its campaign to stop poaching.
The World Wide Fund for Nature has a worldwide scheme to support rangers who carry out essential protection of endangered species, directly benefiting local families as well as elephants. It is monitoring herds, training community rangers and protecting habitats. In safeguarding elephants, it is also helping to support local communities through measures to reduce human-elephant conflict and initiatives to support local livelihoods.
I recognise that the Government have made extensive preparations for the IWT conference next month, but DfID, since it works overseas, always appears to be a junior ministry in these joined-up initiatives. I have looked at its website in relation to elephants. Inevitably, there will be a lot of variety in different countries’ responses to the illegal trade and the conference will doubtless show that there is no simple development formula. This affects how you assess the effect of these programmes. There is no simple development formula beyond the rule of law but, knowing DfID’s investment in the programme, it would be reasonable to ask for some impact assessment.
All that I am seeking with this amendment is a recognition of the work of DfID and its in-country partners through an annual report that makes some assessment of success in both protection and development alongside trade bans. The Government have given huge sums to this and launched impressive targets, but it is important for us to judge how effective these targets are going to be and how they will benefit local people.
There was a degree of euphoria in another place during discussion of the Bill. The ivory campaign inevitably has widespread support on all sides. Nevertheless, we must be aware that, while we can and must reduce the international trade in ivory, the real problems are not taking place on this island and we need a formal assessment of the impact on the people most directly affected. I thank the Opposition Front Bench for presenting a comparable amendment and I hope that we can carry this through to later stages of the Bill.
Baroness Sheehan (LD)
My Lords, I apologise for not having taken part in the Second Reading debate on the Bill. I was unable to do so, but, having seen the amendment put down by the noble Earl, Lord Sandwich, I was moved to add my name. I will take a few minutes to say why I thought that that was necessary.
The aim of the Bill is well and good within itself and I support it wholeheartedly. The success of the Bill in reducing poaching will, we all hope, lead to a rise in elephant numbers and it therefore makes sense that we should also be alive to any unintended consequences that could arise. That is why I have added my name to the amendment in the name of the noble Earl, Lord Sandwich. I am most concerned about the consequences for developing communities in countries where the elephants are found.
The Minister will know—we have already heard about this from around the Chamber this afternoon—that human-elephant conflict is a real and growing issue in regions where elephants and humans live in close proximity. Indeed, the issue has its own acronym—it is frequently referred to as HEC. Smaller farms risk crops being devastated by elephants and the wrath of farmers can translate into hostility towards elephants and the granting of licences to poachers, which rather defeats the purpose of the Bill, as the noble Earl, Lord Sandwich, mentioned. In addition, heedless large agribusiness, of the type that Africa is in dire need of, can cut swathes through traditional elephant corridors to food and water, causing major conflict.
The abhorrent practice of destroying majestic, intelligent creatures must be put to a stop, but it must be done so that it is permanently sustainable. If we are serious about the endeavour, we must be proactive in identifying areas where challenges will arise and take action to meet them. Some excellent work being done in this field has highlighted the important insights that local communities can provide, so it is crucial that those communities are involved in designing the initiatives for crop protection that will lead to elephant conservation. It is important that this is done by DfID, because it is best placed and has the best know-how and it will be able to take the lead in efforts to mitigate the impact of rising elephant numbers on the countries where elephants live and, in particular on the local communities, particularly farming communities, that may be adversely affected.
In conclusion, peaceful coexistence of humans and elephants is eminently possible through effective and sensible land management. However, we must be alive to the dangerous unintended consequences and must not neglect to give this issue sufficient attention.
Lord Inglewood (Non-Afl)
My Lords, I declare an interest as president of the British Art Market Federation, as I did on the first day in Committee.
May I ask the Minister about the comments about resources that the noble Lord, Lord Grantchester, made at the beginning of his speech? On the first day in Committee I moved an amendment that the noble Lord will remember, about the requirement to register Clause 7—de minimis—exemptions. These exemptions, in the words of the Explanatory Memorandum, are there because they in no way, either directly or indirectly, contribute to the poaching of wild elephants. At the same time, the Minister told the House that government policy had been prepared with the benefit of the widest consultation, with all the relevant interest groups, including the wildlife interest groups. That being the case, having heard the remarks of the noble Lord, Lord Grantchester, surely it must follow, given the very small number of resources that are available to deal with the problems of ivory, that this stipulation that de minimis exemptions need to be registered is a serious misallocation of resources. The Government admit that they are not contributing to the destruction of wild elephants. Therefore, if it is an offence not to register, they are deflecting resources that could otherwise be put to better purpose. If the noble Lord says that it will not lead to any change or misallocation of resources, I will ask him what the purpose is of having that stipulation in the legislation at all, because it is conceded that it is not achieving anything.
Lord St John of Bletso (CB)
My Lords, I support my noble friend Lord Sandwich. I declare an interest as a longstanding trustee of the Tusk Trust, which has not just been looking to address the chronic problem of poachers and dealers but to assist in educating local communities about the importance of ecotourism. In this regard, it is important to consider an impact assessment report, which would help DfID to support local communities in their education efforts. I also agree with the noble Lord, Lord Grantchester, that enforcement is crucial. Without enforcement the Bill would be toothless.
Lord De Mauley
My Lords, I am afraid I am going to strike a rather discordant note. I want to focus on Amendments 59 and 60. It is widely accepted that by far the most significant markets for ivory are in the Far East. The Secretary of State acknowledged in his impact assessment that the United Kingdom ivory market has not been linked to the trade in recently poached ivory. There are many other factors at play in the illicit international trade in wildlife that will have a far greater impact on demand for ivory than the trade in antiques here in the United Kingdom.
With respect to the noble Lords who have moved these amendments, I therefore struggle to understand how the requirements proposed in Amendments 59 and 60—to report on the impact of this Bill on the elephant populations in Africa and on the demand for ivory in other countries—would be carried out. How exactly would one attribute to the Bill a change in the demand in Hong Kong for raw ivory, for example?
With respect to the noble Lords who have proposed these reports, there appears to be a premise behind both amendments that the UK’s fairly minimal international trade in objects made from ivory is encouraging the demand for ivory in the countries of the Far East. As I explained on Monday in Committee, if we exclude piano keys, the total number of antiques incorporating ivory exported from the UK to the entire world amounted to 766 items in 2016 and just over 1,000 last year. The exported objects comprise a mixture of both solid ivory carvings and objects that incorporate ivory, such as musical instruments or furniture with inlay. The latter are of no interest to buyers in the Far East. As I have previously said, these numbers are small fry when compared to the volumes of ivory traded in the ivory consumer markets.
I was tempted to support these amendments so that afterwards I could say, “I told you so”, but I do not believe that we should spend taxpayers’ money in that way, especially when I know the answer already. We have to recognise the most significant factor in stopping the trade in poached ivory is not whether the UK is selling antiques or not, but whether the restrictions promised by China and Hong Kong are effectively enforced and whether it is possible to prevent the market from transferring to neighbouring countries in the region.
Baroness Bakewell of Hardington Mandeville
My Lords, I support this small group of amendments. As the Minister has said in the past, the Bill has been prepared with great care and knowledge, with one aim and one aim only: to protect the African and Asian elephant. This will be achieved by taking the value out of trading in ivory, prosecuting those who break the law and making the poaching of elephants for their ivory uneconomical. While the fees charged for certification will help to cover some of the costs of setting up the registration and certification process, they will not cover them all at first. It is important that parliamentarians and the public—who, as was clearly demonstrated during Second Reading, care very much about the plight of the elephant—are reassured that sufficient resources have been allocated to enforcement. If the enforcement of the measures set out in the Bill is not properly funded, it is unlikely it will have the desired effect.
We welcome the suggestion of a public awareness campaign to inform potential buyers and sellers of the requirements of the registration system; we recommend that this be done to ensure that robust monitoring and evaluation measures are put in place by the appropriate agencies, and not left to individuals with financial motivations. Guidelines and an honesty-based system will not be enough. Applications will need to be checked.
The annual report to Parliament on the operation of the Act should include information on the number and categories of certified and registered exemptions, civil penalties imposed, criminal prosecutions undertaken and work happening overseas to conserve elephants in which the UK is playing an important role. This amendment could also allow the Government to commission a report from a suitably qualified NGO, utilising official data.
Transparency will be everything in ensuring that the UK becomes a world leader in protecting the elephant. Being able to demonstrate that adequate resources have been allocated to back up our enforcement measures will be key in demonstrating to the rest of the world that we are serious in our efforts. The Government will need to walk the walk and not just talk the talk. As the noble Lord, Lord St John of Bletso, has said, communities which are the subject of poaching will need to be supported to achieve sources of income and to continue economically. I fully support this group of amendments.
Lord Cormack (Con)
My Lords, I had not intended to take part in this brief debate. I do not support the amendments, which will not cause any great surprise. Not for the first time, I am rather provoked by the noble Baroness who has just spoken.
I do not believe that this Bill is the result of great care and massive consultation. This is hogwash, if one looks at the number of responses—and I will read these into the record yet again. First, the paper which went out did not state information for and against a total ban on ivory. That could have helped those who were genuinely concerned to come to an informed conclusion. Of the responses, 39,485—almost 40,000—were identical emails from members of the Stop Ivory campaign. Another 66,472—52%—responded to a 38 Degrees campaign. They would only have signed if they supported a total ban.
I come back to the point that those of us who believe that this is an example of gesture politics have made time and again. No single living elephant—all of which any sane, sensible person would wish to preserve—is going to be helped by this stringent, draconian ban on the sale of antique ivory. We are creating a massive and unnecessary bureaucracy which would merely be compounded by the passage of any of the three amendments that have been spoken to. I put this on record, though it will come as no surprise to any Member of your Lordships’ House to know that I feel very strongly on this issue. This legislation is entirely well motivated but ill conceived.
Baroness Vere of Norbiton
My Lords, this group of amendments relates to reporting on enforcement resources and the impact of the UK ivory ban on international ivory markets.
Before I turn to the amendments, I should like to reassure the noble Lord, Lord Grantchester, that my noble friend Lord Gardiner will respond to the points he raised about the operation and funding of the enforcement system in a group that noble Lords will come to later this afternoon. I will focus my remarks specifically on the reporting element of the amendments.
Amendment 38 raises the critical issue of ensuring effective enforcement of the ban. I assure your Lordships that this issue is of foremost concern to the Government, and I reassure the noble Lord, Lord Grantchester, that it will not be neglected.
Lord Bassam of Brighton (Lab)
I am sorry. This may be the only intervention that I will make in this Bill but I would like to understand how you are going to measure and assess the seriousness of the crime, particularly at an early stage in the investigation. Surely it will be quite critical to do so at that point.
Baroness Vere of Norbiton
I thank the noble Lord, Lord Bassam, for his intervention. As I stated at the start, the operation of the enforcement system will be a topic for discussion later today, as there are many more amendments dealing with that. This is purely about reporting on the enforcement. As I said, the Government will monitor the effective application of resources over time.
Turning to the reporting, the amendment suggests that a review might be undertaken within 12 months of the Bill’s provisions being commenced. I suggest that this might not provide an adequate assessment, as it is likely that different levels of resources will be required in the early stages of enforcement, particularly for the early engagement and awareness-raising phase, and it is likely to take at least a year and probably more to understand the steady-state financial resources that are required to effectively police and enforce the ban in the longer term.
Therefore, we do not believe that a resources assessment on a specified date should be included in the Bill. The Government will, as a matter of course, assess the implementation of the ban over time—in particular, its enforcement. Much of this information will be available in the public domain and will be subject to public scrutiny. Therefore, a separate report is unnecessary and a drain on resources. We therefore do not believe that this matter needs to be addressed in the Bill.
I turn to the other two amendments in this group, the intention of which is for the Government to provide an update to Parliament, and the public, on the impact of the new Ivory Act, if passed, on the domestic and international ivory trade. Although the intention is commendable, we do not envisage that the full impact of the legislation, particularly on international markets, will be measurable in isolation within the first 12 months of it coming into force. It is logical that the international impact of the UK ivory ban—in reduced flows of ivory from the UK to the Far East or reduced prices—will be seen over a much longer term.
The Government have made it clear that they believe that the UK’s ivory ban, along with the fourth international Illegal Wildlife Trade Conference in October, will encourage other countries to follow the UK’s lead and implement their own bans. This will, in turn, further reduce demand and prices and, therefore, the poaching and killing of elephants. Again, the impact on international markets and the poaching and killing of elephants will be seen over a long period.
I am conscious that the proposed undertakings may, in effect, duplicate some of the work done under the auspices of the Convention on International Trade in Endangered Species—CITES—and would therefore be an unnecessary drain on resources. CITES reports on the illegal killing of elephants and the trade in ivory are presented every three years to the CITES Conference of the Parties. All countries implicated in the ivory trade, including the UK, appear in the cluster analysis of the ivory trade reports. These reports are the Monitoring of Illegal Trade in Ivory and Other Elephant Specimens and the Elephant Trade Information System.
The noble Earl, Lord Sandwich, mentioned the enormous and ongoing commitment by DfID to tackle poaching. It is true that DfID is very involved in the tackling of the poaching of elephants but the funding is often inextricably linked to other illegal wildlife trading interventions, which are often undertaken with other nations’ programmes within these larger international umbrella schemes. For example, DfID and Defra announced back in July that they had helped secure an increase of £27 million, but this was from international partners; all of it was put into the Global Environment Facility’s Global Wildlife Program. Again, that programme is subject to rigorous scrutiny and stringent reporting requirements. I fear that we could end up with a reporting overload, and trying to narrow it down to one particular species from one particular country might not be the best use of time or resources. The obligation to produce additional and unnecessary reports would be a considerable and potentially expensive undertaking, and one which Defra is not particularly qualified to undertake. An objective report on the impact of the UK ban on the illegal wildlife trade would be best carried out by an organisation outside government; as I have explained, this is already the case.
For the reasons I have outlined, I cannot agree to these amendments. However, their intention has merit and we will consider the ways in which we make sure that the public have the right information about the impact of the ban and, indeed, the work that DfID and other parts of government are doing to tackle the poaching of elephants. I hope that the noble Lord feels able to withdraw his amendment.
Lord Grantchester
My Lords, I am grateful to the Minister. I apologise for any confusion. I was unaware that some of my remarks might have been covered in later amendments, so we look forward to understanding those a little better. On Amendment 38, we need to show commitment; the initial load may diminish after the bulk of the registrations has occurred. But we share with the Government the objective of making this legislation a success and the Minister’s confidence in the wildlife crime unit and CITES.
On the later amendments—which I will certainly not be moving—I listened carefully to what the Minister said. I reiterate that this is a clear opportunity for joined-up government to be demonstrated. However, I recognise that the work of DfID involves a wide range of other agencies. I stress again that the value of elephant tourism is extremely high, with an elephant worth 76 times more alive in the savannah than dead in the marketplace. I am heartened that the Government are showing commitment to closely monitoring the impact of the Bill on the international market and to working more widely with the agencies and communities that will be most affected by the ivory ban. I beg leave to withdraw the amendment.
Lord De Mauley
Lord De Mauley
My Lords, I rise to speak to Amendments 39 and 40. Starting with Amendment 39, Clause 14 grants National Crime Agency officers powers to stop and search someone when they have “reasonable grounds” to believe that an offence may have been committed. This could, for example, include an alleged offence connected to the registration of an antique with a low ivory content—not just an ivory carving. NCA officers are not police or customs officers and it is not entirely clear to me why they should be granted the same powers as police officers—unless, perhaps, they are qualified to assess whether an item is made from ivory and falls under the Act.
For instance, would they have sufficient understanding of the operation of the Act to be able to identify when the proportion of ivory in an object comprises more or less than the 10% threshold, or the 20% threshold in the case of a musical instrument? To carry out their duties properly, they should surely have some expertise in judging whether an item is of the correct date. The purpose of the amendment therefore is to ensure that NCA officers are properly trained for the job they are undertaking.
On Amendment 40, while there are misgivings about the extent of the role and powers of accredited civilian officers, one of their jobs is to raise awareness and understanding of the provisions in the Bill in order to facilitate and assess compliance. This being the case, there is nothing in the Bill to require sufficient knowledge of ivory on the part of an accredited civilian officer. It is important that they possess the skills and knowledge to equip them to make sound judgments, and to understand the information presented to them, when viewing antiques which may contain ivory. Unless this is the case, searches of dealers’ and auctioneers’ premises could result in inaccurate and misguided reports being submitted, alleging breaches of the provisions of the Bill. When appointing these officers, the Secretary of State should be under an obligation to ensure that the appointees have demonstrable knowledge of antique and modern elephant ivory in its various forms, and an ability to identify it. I beg to move.
Lord Gardiner of Kimble
My Lords, my noble friend’s first proposed amendment would require police or customs officers to undertake specific training in identifying ivory items before exercising the enforcement powers provided in the Bill. The CITES border force team is recognised as one of the best in the world at enforcing controls against illegal wildlife trade. Both the CITES border force team and the National Wildlife Crime Unit are experienced in identifying illegal wildlife products, including ivory, and already lend their expertise to police forces across the country. The skills of the CITES border force team in detecting illegal wildlife products are in demand internationally and the team regularly undertakes training with their counterparts around the world.
As needed, police forces also seek the opinion of experts, including APHA wildlife inspectors. Before the Bill comes into force, we intend to run an awareness- raising campaign around its provisions. We will work closely with the police to ensure that wildlife crime officers in police forces nationwide are apprised of these measures.
The second amendment in this group would require accredited civil officers to have,
“proven knowledge of and expertise in identifying ivory”.
In the next group of amendments I will spend a little time in my reply outlining the work of the Office for Product Safety and Standards. The accredited civilian officers from the Office for Product Safety and Standards —OPSS—which is part of the Department for Business, Energy and Industrial Strategy, will work alongside the police and customs officers to help enforce the ivory ban. While I will expand more fully, perhaps in the next group of amendments, on the important task of enforcement arrangements, the OPSS officers will be tasked primarily with raising awareness and ensuring that sellers are able to comply with the ban. They will also be responsible for checking that items for sale have the correct registration documents.
On the particular point about expertise in ivory, I can reassure my noble friend that an appropriate training programme for OPSS officers will be developed and implemented before the Act is commenced to ensure that they are equipped with the skills and expertise required to help enforce the ban. This will include, for instance, the ability to recognise the distinctive Schreger lines, the visible cross-hatching that identifies a substance as ivory. It is worth mentioning that, as needed—for example, with serious offences—officers would normally refer the items to expert witnesses. I understand the points that my noble friend made, but I hope that, with that explanation, he will feel able to withdraw his amendment.
Lord De Mauley
My Lords, I am grateful to my noble friend the Minister. I look forward to his foreshadowed remarks on the next group of amendments and I am happy to consider his remarks after today—so, for today I beg leave to withdraw the amendment.
Lord Judge (CB)
My Lords, I apologise to the Committee for having failed to address the issue involved in this legislation at an earlier stage. In the past few weeks, I have had two meetings with Ministers, and I thank them very much for their courtesy and patience in having listened to me. I beg leave to oppose the Question that Clause 17 should stand part of the Bill. There is cross-party support for this amendment, and, as the Committee will appreciate just by looking at the Marshalled List, each supporting name on the Marshalled List is that of a member of the Constitution Committee.
Before I come to the amendment, I would like to emphasise that the broad objectives of this Bill have my complete support. The slaughter of a single elephant diminishes us all. You do not have to have seen an elephant in the wild; it is enough to look at it on the television. When the tusks of a lifeless elephant, killed for ornament or vanity or perhaps for investment purposes, are worth more than the noble magnificence of a living creature trundling about in its natural environment in an organised herd or as a solitary elephant, we know that values have become inverted.
It follows from what I have just said that my support for the broad objectives means that I entirely agree that a Bill that does not have provisions for enforcement is pointless, and I agree that the provisions in this Bill should be properly enforced. This amendment is concerned, when one analyses it, with three words in the enforcement process—three simple little words. What a lot of fuss about three words. The three words are “accredited civilian officer”. Those words create a new enforcement body additional to the police but not subject, as the police are, to police discipline, answerable to a chief constable or equivalent and ultimately answerable to a complaints procedure or its equivalent.
I am going to read the Bill, because I am going to be hearing later on this afternoon all about Explanatory Memoranda, possibly ministerial letters, possibly ministerial assurances in this House:
“In this Act … ‘accredited civilian officer’ means an officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this Act”.
No more, no less. No single embellishment. Absolutely stark. No other safeguarding. No other provision of any kind. He or she will be, if this Bill comes to pass, a civil servant authorised by a Secretary of State and accountable to him. This individual, man or woman, will effectively, if one studies the Bill, have the same powers as a police officer with no provision for oversight, for control, for discipline—all ultimately, in the Bill, left to the Minister.
Clause 17 is troublesome enough, but I accept that it has some limitations on it. It cannot be operated without notice. The Minister’s officer may enter premises for the purpose of,
“promoting awareness and understanding of the provisions of this Act”,
which means that you will get a pep talk, or,
“assessing compliance with those provisions”,
which means rather more. Clause 17 is clear that he may search premises: “any place”, except a dwelling-house. Fair enough. However, that includes any office, factory, shop and, presumably, any garage that is not physically attached to somebody’s dwelling-house, which may be searched for items made of ivory, or containing an appropriate level of ivory.
Given the way the Bill is drafted, we might think that that is it; that is what the accredited officer will do. Indeed, some of the observations I have heard from the Minister rather imply that this is going to be low-level work, not quite as high as that of the police. But if you thought that, and thought that Clause 17 was the end of it, you would miss the subsequent provisions and all the wider powers that are being granted.
I do not want to bore noble Lords, but Clause 18 equates this body of civil servants with the police. On the authorisation of a grade 7 civil servant—that is what the Bill means, though it does not say the words “civil servant”, but only “grade 7”—an application may be made for a search warrant. This time, the search warrant can encompass a dwelling-house as well as all the other premises covered by the previous clause. It may be granted to an accredited civilian officer. Lo and behold, if we read more deeply into this provision, the authorisation may extend to an individual who is not in fact an accredited civilian officer. On the basis of the warrant, that individual will have the same powers as an ACO, who has the same powers as a police officer.
If we go through the provisions in Clauses 20 and 21, they would enable that individual, on entering the house, to examine anything in the home and to carry out tests on any object, while causing the least possible damage, whatever that may mean—what an argument lies ahead about whether this was the least possible damage. However, it is causing damage to somebody’s property. The officer,
“may break open any container”—
they may, therefore, open any drawer; they may require the production of documents; they may,
“seize and detain or remove”,
any item, as they think appropriate in the context of the Bill, from your home, your office or your shop. They may also use “reasonable force, if necessary” to achieve the objective. In other words, if you object, they may use reasonable force to take the item away from you.
If this was a series of powers granted to a police officer, I would have no objection. That is consistent with our having police officers who act independently of Ministers and are answerable for their conduct. However, if this applies to civil servants answerable to a Minister, and subject ultimately to his approval, I respectfully suggest to the Committee that it is a very serious provision. Entering your home and seizing your property may be fine, if justified. It may be fine if subject to limits that we in Parliament put on; but what are the limits here? I can go only by the passages that I have read in the Bill that is before us. I am sorry to sound discourteous, but I do not attach any significance to an Explanatory Memorandum or to a ministerial letter—which are of no relevance whatever in assessing what the powers are—or, indeed, as I have said, to ministerial assurances here, though I mean no discourtesy to the Minister. Of course, it will not be used for this purpose or that purpose or the other purpose.
This Bill has come from the House of Commons and is being proposed or countenanced in Great Britain in our name. It proposes that we should give these powers to such officials. If noble Lords read about this happening in a country that they were fond of—let us say, for the sake of argument, Australia, New Zealand, Canada or France, or wherever it might be—and heard that an Act, passed by whatever the legislative assembly might be, gave a Minister in what they thought was a democracy, anxious to protect its liberties, the power to deploy civil servants in the way in which this Bill proposes, they would be immensely troubled.
We can look at this as a ministry “taskforce”, but if it were happening abroad, “taskforce” would not be the kind of word that we would use. We would use words that indicated a much deeper degree of trouble and concern. We would have to recognise that, as the Bill stands, it is a ministry’s private law enforcement body. This is not our way. This simply will not do, and we must not let it do. I beg to move.
Lord Cormack
My Lords, my name is attached to all the other amendments in the group. I need to say very little, because the noble and learned Lord, Lord Judge, has spoken with passion and eloquence. He has made a case that is impossible to refute. The noble and learned Lord has done many services to your Lordships’ House. Many times, he has drawn attention to Henry VIII clauses. Many times, he has drawn attention to giving by those means and others more and more power to the Executive in the person of their Ministers.
This is a most alarming example of passing power from Parliament to the Executive—in fact, to a Minister’s nark who will have invested in him or her all the powers rightly possessed by the police and perhaps more. There are implications for our society and our democracy in a clause such as this being accepted in a Bill which everybody accepts has noble intentions. Some of us have sought to demonstrate that it is not a very well-conceived Bill, but whatever view one takes on the importance of antique ivory, which I and other noble friends have been talking about on Monday and today, this issue is wholly separate. It concerns the independence of the citizen and his right to retain his private property and not to have it molested by those who would not ordinarily be in a position to examine it. The provision to allow the use of minimum force is again alarming. That is why I went through the Bill and deleted every reference I could see to those three very innocent-sounding but alarming words, “accredited civilian officer”.
I do not want to over-dramatise, but this is Orwellian. We should not have anything to do with this in either House of Parliament. I am astonished that this should have come from the other place. It illustrates, if anything is needed to illustrate it, how important it is that we have a more dispassionate assembly to scrutinise our legislation. It also illustrates how exceptionally fortunate we are to have in your Lordships’ House those who have no party political affiliation, who cannot by any stretch of the imagination or vocabulary be accused of making a political point. We have in this House Cross-Benchers, among whom are some of the finest lawyers in the land.
Forget this Bill and forget our differences on other aspects of it. We would be doing a grave disservice to our democracy if we allowed this Bill to proceed with these words in it. I devoutly hope that my noble friend will be able to give a much more encouraging answer to this group of amendments than he has given to other amendments, and I hope very much that we will not have to return to this subject on Report. I hope that it will have been dealt with by that answer. But if it is still in the Bill, it is your Lordships’ duty at that stage to take it out of the Bill.
Lord Wallace of Tankerness (LD)
My Lords, I do not wish to detain the House long, because the noble and learned Lord, Lord Judge, has set out very clearly the reasons—elaborated on by the noble Lord, Lord Cormack—for the concerns that this clause and ensuing clauses, which refer to an “accredited civilian officer”, have given rise to. Like the noble and learned Lord, I very much share the objectives of the Bill. Indeed, as the Constitution Committee said in its brief report published at the outset of the Summer Recess, we do not wish the progress of the Bill to be delayed as its fundamental objective was widely welcomed at Second Reading.
However, we are concerned that the important policing functions, including powers of entry, search and seizure, are to be exercised by civilian officers working directly for the Minister. As the noble and learned Lord has indicated, the Bill as it stands makes it very clear that the accredited civilian officer is an officer of the Secretary of State, authorised by the Secretary of State for particular purposes. There are no qualifications for that, although I anticipate that when he comes to reply, the Minister will elaborate on that—he gave us a foretaste when he replied to the amendment moved by the noble Lord, Lord De Mauley, in the previous group. But that is only elaboration; it is not in the Bill.
We can anticipate some things. Indeed, we will be told, as stated in the letter from the Parliamentary Under-Secretary of State, David Rutley, to Mr Alex Chalk MP, which has been put in the Libraries of both Houses, that,
“the Office for Product Safety and Standards … which is part of BEIS”,
will be the enforcement body and will be “the Office”. But there is no reference to that body in the Bill, its power and what it does. Again, we will be told that,
“the Office will fully adhere to the provisions of the Regulators’ Code”.
What is the Regulators’ Code? Parliament cannot see what it is in the Bill; nor is there even any reference to it. No doubt we will get explanations and elaborations as to the intention, but we should not easily pass legislation without any reference to it. There are serious concerns because of that absence. Even if there is reference to it, fundamental points have been made about wide-ranging powers being given to civilian officers—people who, no matter what might be said about how it would happen, ultimately will be the appointees of the Secretary of State. That is a matter of fundamental principle which the Government need to address and justify.
In conclusion, in the letter to which I have referred, the Minister said:
“We envisage close working of the Office with other enforcement bodies. The Office will use civil sanctions and criminal sanctions are likely to fall to the Police”.
The implication is that in not all circumstances will criminal sanctions fall to the police; they could fall to this body. That is quite significant: criminal sanctions might fall to a body that is appointed by the Secretary of State, without more. Some considerable reassurance will therefore be required when the Minister replies.
Lord Norton of Louth (Con)
My Lords, I, too, have signed to give notice of opposition to the clause standing part of the Bill. I endorse the words of the noble and learned Lord, Lord Judge, with whom I agree totally. Like him, I have no problems with what the Bill seeks to achieve; the principle is wholly worthy. Indeed, I have no problem with other parts of the Bill either. My concern is with this clause. I do not see why it cannot be excised from the Bill leaving the other parts in place.
Given the clauses that precede and succeed it, I do not see why this clause is necessary. It confers a particular power on civilian officers and civil servants in a way that is remarkable. The Explanatory Notes seek to claim that the powers conferred in the clause are not unusual, but they cite only one example as a means of doing that. One example is not sufficient to demonstrate that this is “not unusual”. It strikes me that these are remarkable powers in themselves, which means that there would have to be a compelling case for this House to go along with them.
There is already a problem with the actual powers, therefore, but then, as the noble and learned Lord indicated, we have to look at what they are designed to achieve. Subsection (2)(a) is free-standing. It confers on civil servants the power to enter purely for the purpose, as the noble and learned Lord put it, of giving a pep talk. I would be rather amazed if even police officers wanted the power to come in and simply give one a pep talk, so to confer that power on civil servants strikes me as remarkable. It is not linked to the enforcement powers; it is simply to go in and, effectively, to seek to educate people about the provisions of the Bill.
Therefore, the power of entry is remarkable but so is what it is used for. Perhaps the Minister can tell us whether there are provisions in any other Acts that confer on officials powers of this sort to go in and simply remonstrate or give a pep talk to those whom they feel need to be educated. I am at a loss to understand why the clause is in the Bill, given the other provisions that it contains.
Baroness Jones of Whitchurch
My Lords, we very much welcome the interventions by the noble and learned Lord, Lord Judge, members of the Constitution Committee and other noble Lords who have raised concerns about the status and powers of accredited civilian officers. The noble and learned Lord has done a fantastic demolition job on the provisions in the existing clause. I also welcome his overall support for the objectives of the Bill, which are indeed very welcome.
While we have argued throughout that there need to be robust enforcement mechanisms in the Bill, we equally accept that the creation of a new breed of civilian enforcers, with the widespread powers envisaged in the Bill, goes far too far. We would have hoped that providing extra resources for the National Wildlife Crime Unit would provide a more acceptable alternative to the challenge of effective enforcement.
I do not intend to say a great deal because I know that the Minister is keen to find a way to resolve these concerns. I hope that he is able to reassure us that the Government will be tabling their own amendments to bring enforcement back in line with the practice of legal enforcement using comparative situations. I therefore look forward to hearing his response.
Lord Gardiner of Kimble
My Lords, I express my gratitude to the Constitution Committee for publishing its valuable report, which raised some important points regarding the powers conferred by the Bill on accredited civilian officers. I place on record that I am most grateful to the noble and learned Lord, Lord Judge, for meeting me and officials so that we could discuss and, in turn, reflect on the concerns that he and the committee expressed. I am also mindful of the amendments tabled by my noble friend Lord Cormack.
The issue of enforcement is critical and I am sure that the Committee would agree that it is paramount that the enforcement of the ivory ban must be both proportionate and robust. As noble Lords will be aware, when I refer to accredited civilian officers, I am referring to the officers of the regulator, which will be the Office for Product Safety and Standards. OPSS is part of the Department for Business, Energy and Industrial Strategy. It is an experienced enforcement body that currently enforces a range of regulations on behalf of the Government, including regulations on timber, biodiversity, waste and chemicals, and carbon reduction. For example, OPSS ensures that timber traders are complying with the regulations to ensure that their products are made from legally sourced timber.
OPSS also has experience of co-working with the police, the National Wildlife Crime Unit and Border Force, which will also play a critical role in the enforcement of the ivory ban so that we make sure that the enforcement is effective and that all parties are clear on their role and remit. For all those reasons it was considered to be the most appropriate regulator.
Lord Wallace of Tankerness
I am interested to hear examples of the work set out in the letter to which I referred, but can the Minister tell us—this reflects the question asked by the noble Lord, Lord Norton—about the underpinning statutory basis? Which Acts relate to, for example, EU timber regulation, which underpin any work done by the Office for Product Safety and Standards?
Lord Gardiner of Kimble
I am waiting for some assistance to give some precise detail, but clearly, with the timber trade, there must be some legislative basis on which we ensure that timber is legally sourced. If I do not receive the full detail for the noble and learned Lord, I will of course write to him and place a copy of my letter to him in the Library.
Our intention is to ensure that the Ivory Act will be well understood and abided by and, to that end, to define clear roles for the accredited civilian officers, police officers and customs officers. For example, we expect accredited civilian officers to raise awareness and assess compliance with the ban. As such, they will play a critical but distinct role from the police. It is our intention that the accredited civilian officers will focus on low-level offences, while the police will be responsible for pursuing higher-level offences and all criminal offences. Clear protocols between the enforcement bodies will be in place ahead of the commencement and will underpin effective joint working to ensure the effectiveness of the Ivory Act.
The Constitution Committee’s report provided a number of extremely useful recommendations on how we could more clearly define the role of accredited officers in helping to enforce the ivory ban. I would like to assure all noble Lords that we are fully seized of the importance of this issue and are looking carefully at how we might consider these points further on Report.
The Constitution Committee’s recommendations also included a point about the Regulators’ Code. This is a statutory code of practice provided for by the Legislative and Regulatory Reform Act 2006. It sets out the Government’s expectations of how regulators will behave and expands on the statutory principles of good regulation. For example, regulators subject to the code must ensure that activities are carried out in a way that is transparent, accountable, proportionate and consistent, while regulatory activities should be targeted only in respect of cases where action is needed.
In practice, either a regulator or the piece of legislation that is being regulated can be listed under this Act via secondary legislation under Section 24(2) and therefore be subject to the code. A number of existing pieces of legislation that OPSS regulates—I am waiting on the detail for the noble and learned Lord—are subject to the Regulators’ Code and therefore OPSS adheres to the code in these cases. We are considering further the recommendation raised by the Constitution Committee with regard to the Regulators’ Code.
Earl Attlee (Con)
My Lords, can my noble friend answer one little question? Will the Ministers be accountable to Parliament for the actions of the accredited civilian officers, perhaps in a way we find police officers are not?
Lord Gardiner of Kimble
If it would be helpful, as part of BEIS, OPSS does not have a legal identity of its own, as it falls under the Secretary of State for BEIS. Perhaps that is the reason why it is not named in the Bill in its own right. I will reflect on what my noble friend said, but that is the position on the matter.
Lord Inglewood
Having heard the Minister’s remarks, it struck me that when the noble and learned Lord, Lord Judge, concluded, he said “This just will not do”, and he is right—it will not do. But having then heard what the Minister told us, I was unclear as to whether he will, in the period between now and Report, directly address the issues raised by the noble and learned Lord. His response struck me as being that of somebody interested in administration in reply to the noble and learned Lord, who was putting some specific constitutional questions to him.
Lord Gardiner of Kimble
I am grateful to my noble friend for permitting me to re-emphasise that the Government will consider not only what has happened during this debate but also the recommendations of the Constitution Committee. I cannot be fairer than that at this stage, as my noble friend should know.
Lord Judge
My Lords, I am always willing to talk to the Minister, but the courteous way in which both Ministers have treated me during our discussions would make it extraordinary if I did not come straightaway when they were ready. However, the issue that has to be addressed is a simple one, which, unless something is done about it, will eventually lead me to invite the House at a later stage to consider its view. We cannot have a ministerial task force with these powers. That is what is not acceptable. Beyond putting that marker down for myself, I am willing to talk at any time, but for the purposes of today, I withdraw my opposition to Clause 17 standing part of the Bill.
Lord De Mauley
“( ) In respect of a seizure or detention under subsection (2) an officer must take account of the item’s physical nature and must exercise all reasonable care to avoid damage to the item.”
Lord De Mauley
My Lords, I will also speak to Amendments 52, 54, 56, 57 and 58 in this group. Many antiques, regardless of the materials used in their construction, can be fragile and need to be handled with care. For example, ivory is sometimes incorporated into bronze sculptures. To the uninitiated, bronze may seem a strong material, capable of withstanding a gentle knock or two. However, one important feature of bronze sculptures is the patina of their surface. Application of a sticky label in the wrong way or allowing a metal watchstrap to rub against the surface could damage it, destroying the sculpture’s integrity and thus reducing its value. Antique dealers spend a fortune purchasing professional packing services when moving or shipping antiques and the handling of antiques is a specialist skill in its own right.
A badly informed officer, believing that he is seizing an ivory item that breaches the provisions of the Bill, may treat the item casually, even before it has been properly assessed by someone with knowledge and understanding of antiques. Ivory in particular can be brittle and will not take kindly to rough handling. What we need to avoid is antiques being seized, subsequently found to be compliant and then returned damaged to their owners. This amendment is intended to place an obligation on officers to take extra care when handling the antiques that they have seized.
On Amendments 52 and 54, as drafted Clause 29 allows not just the Secretary of State but also police officers and accredited civilian officers to decide the fate of cultural property that has been seized. The factors that need to be considered in disposing of a cultural artefact differ greatly from those that apply to endangered species that do not also possess cultural and historical attributes. A seized item may well be an object of cultural significance that a museum may wish to acquire and, consequently, a decision about its future should involve the input of people possessing specialist knowledge of objects of the same type. This is knowledge that police officers and accredited civilian officers will not have. For this reason, the amendments would limit the decision about the fate of seized objects to the Secretary of State alone and require him or her to take the advice of someone who is able to provide specialist advice, such as a museum curator or art market professional.
I turn finally to Amendments 56, 57 and 58. The aim of amending Clause 31 is similar to that of amending Clause 29. In this case, it concerns the people who are granted the power to decide the fate of previously seized objects where the person entitled to the object cannot be traced. At present this power is granted to a police or customs officer, as well as the Secretary of State. For the reasons that I referred to on Clause 29, the decision should be limited to the Secretary of State alone and be taken on the advice of someone familiar with the type of ivory object whose return has been attempted. I beg to move.
Baroness Jones of Whitchurch
My Lords, I will make just a few brief comments in response to the noble Lord’s amendments, which seem in the main unnecessary. First, it is self-evident that the officers would take care to avoid damaging seized items. This would apply equally to the process of seizing other high-value goods including stolen artworks, with which they would be familiar. I am not convinced that the need for that level of care needs to spelled out in the Bill, given they have that specialist training.
Secondly, we have already addressed the concern about the role of accredited civilian officers, but it does not seem practical or sensible that the only person able to determine how a piece should be disposed of should be the Secretary of State. Thirdly, as we discussed earlier, we would expect a decision to dispose of an item to be taken with guidance from individuals with clear expertise in this area. Again, we are not convinced this needs to be in the Bill. I look forward to hearing the Minister’s undertaking on how these disposals will work in practice and hope that he will be able to reassure his noble friend that these amendments are not necessary.
Baroness Vere of Norbiton
My Lords, the first amendment in this group would require police and customs officers to take account of an item’s physical nature and exercise reasonable care when searching premises under the powers in the Bill. I am sure that noble Lords will agree that officers must always have regard to their surroundings and the objects therein when conducting a search and should not wilfully damage anything. Police and customs officers have vast experience of conducting searches in many different types of premises and for a wide range of items—valuable, delicate, dangerous or otherwise. I therefore do not think it necessary to include wording to that effect in the Bill. Indeed, it may be counterproductive. For example, if it is omitted from other Bills in future involving similarly delicate items, will it be assumed that care is not needed in those cases?
The other amendments in this group remove the discretion from police and customs officers to dispose of seized or forfeited items and instead require the Secretary of State to consult an expert in ivory items before making decisions on the disposal of such items. Police forces have well-established processes for dealing with seized property of all types. In the first instance, owners have the opportunity to appeal against a seizure and therefore the item may be returned. But if the seized item cannot be returned to the original owner, there are well-established methods for its disposal.
There are many possible uses for seized items containing ivory that cannot be returned to the original owner. For example, they may be used for educational, training and research purposes, when it is in the public interest to do so. Ivory items seized by police and customs officers in recent years have been used for training officers in the identification of ivory products or donated to accredited museums or to conservation bodies for awareness raising. Zoos, for example, might display examples of illegal wildlife trade products made from endangered species.
I hope that this explanation will be sufficient to satisfy my noble friend and that he will feel able to withdraw his amendment.
Lord De Mauley
My Lords, I am grateful to my noble friend for her response. I am pleased to hear of her confidence in the care to be taken by police officers and others. Towards the end, she perhaps answered a question that I had not actually put. Nevertheless, today I am happy to withdraw the amendment.
Lord Grantchester
“( ) As soon as practicable after this Act is passed, the Secretary of State must consult on amending subsection (1) to include ivory from other animals and species including—(a) hippopotami;(b) narwhals; and(c) walruses.”Member’s explanatory statement
This amendment would require the Secretary of State to consult on extending the ivory ban to the other ivory bearing animals listed as soon as practical after the Act is passed.
Lord Grantchester
My Lords, Amendment 61 is also in the name of my noble friend Lady Jones. As drafted, the Bill has a narrow focus only on elephants. Labour believes that broadening the definition of “ivory” is necessary not only because many CITES species are at risk of becoming endangered but to prevent the narrow focus on elephant ivory, which may unintentionally displace poachers towards hunting other animals with ivory.
Like elephant tusks, hippo teeth are hard-wearing and can be worked into curios and ornaments. According to CITES, since 1975 more than 770 tonnes of hippo teeth have been sold, the bulk from Tanzania and Uganda. The black market’s insatiable demand for ivory has already turned towards hippos. Since the international ban on elephant ivory came into effect, they offer a cheaper and in many ways easier ivory option. Illicit hippo teeth are also far easier to smuggle because of their size and are subject to less protection and awareness. As a result, the number of hippos has declined by 12% to about 100,000 in the past decade—just a quarter of the elephant population. Experts have cited a rise in the demand for hippo teeth as the main reason threatening the mammal with extinction.
Narwhals and walruses are also now considered at risk of being near-threatened. In practice, this means that they could soon become vulnerable because of the changes in their natural environment and the impact of hunting. We need to be aware that this Bill could, counterintuitively, become a factor.
The Bill has a narrow focus on elephants. To speed it towards enactment, its extension to other species would be best enhanced through further consultation. In July, the Secretary of State recognised that consideration needed to be given to this extension, announcing a further consultation to extend the provisions in the Bill to include hippos, walruses and narwhal ivory. This amendment puts that commitment on the face of the Bill. I beg to move.
Baroness Bakewell of Hardington Mandeville
My Lords, I support the noble Lord, Lord Grantchester, in this amendment. At Second Reading, the Minister gave an undertaking that there would be consultation on the animals listed in the amendment after the Bill had received Royal Assent. It is a great pity that we were not able to include hippopotami, narwhals and walruses within this Bill once it had started its passage, but I understand the reasons for it. I welcome the fact that an undertaking has already been given and hope that, as soon as Royal Assent has been given, consultation will be ready to begin.
Lord Gardiner of Kimble
My Lords, the amendment tabled by the noble Baroness, Lady Jones, seeks to insert into the Bill a commitment that the Secretary of State would consult on extending the scope of the ban to include ivory from hippopotamus, walrus and narwhal as soon as practicable after Royal Assent. I am grateful to the noble Lord, Lord Grantchester and to the noble Baroness, Lady Bakewell of Hardington Mandeville, for their remarks.
As noble Lords will be aware, this matter was discussed at some length in the other place. I want to reassure the noble Lord and the noble Baroness of the Government’s intention on this point and to explain how the existing provision in the Bill may be applied. The Bill will prohibit the commercial dealing in living species of elephant—namely African and Asian elephants. Clause 35 provides a delegated power to allow the Secretary of State to extend the Bill to cover other ivory-bearing species through a regulation. We recognise concerns that, by banning the trade in elephant ivory, there may be an unintended consequence of trade displacement on to other ivory-bearing species, such as hippopotamus, putting these species at greater risk, as the noble Lord, Lord Grantchester has outlined. It may be appropriate to use this power to protect these species if the evidence gathered supports such actions.
The Government have committed in the other place and in a public announcement that the Secretary of State will conduct an evidence-gathering exercise—for example, a public consultation—on or as soon as practicable after Royal Assent. It is in the Government’s interest to launch this exercise within this period. However, we will ensure this does not impact our timetable to get the elephant ivory ban in place. The representatives from the conservation NGOs which gave evidence during Committee in the House of Commons emphasised that, at this time, the Government’s priority should be the ban on elephant ivory.
Lord Deben (Con)
If I may ask a genuine question, how easy is it for all these officers that we have been talking about to distinguish the ivory from which an artefact came? Is it difficult, or is it always simple?
Lord Gardiner of Kimble
I shall have to take myself on a course of expertise. If through use of this power it was deemed, because of the consultation and the evidence that we had, that other ivory-bearing species should be encompassed in some form of legislation—which would clearly come before your Lordships for affirmative resolution—there would definitely need to be some understanding on the part of the enforcement officers as to differentiation and whether certain other species should be added. However, I must not take myself down a route of conjecture, although it is very a very valuable and important point. Perhaps after the enactment I should undertake myself some better understanding of the definition.
We should not act unless we have informed evidence—I think this is a point my noble friend Lord Deben would very much approve—so we can make a proper decision on whether the scope of the Bill should be extended to another species. As noble Lords will be aware, as a result of the government amendment in the other place, this delegated power has been extended from applying only to ivory-bearing species listed under CITES to applying to any ivory-bearing species. The CITES-listed species are currently narwhal, killer whale, sperm whale, walrus, and hippopotamus. The amendment brought all ivory-bearing species—for instance, the warthog—into the scope of the delegated power. All those species are therefore in scope of the delegated power and may, therefore, be subject to an evidence-gathering exercise.
As I have said, we have committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent. To clarify an important point, and reassure the noble Lord, the delegated power also enables the Secretary of State to take action in the future. That is very important because of what your Lordships have already said about the possible unintended consequence of other species becoming poached because of the elephant ivory ban. For instance, a subsequent evidence-gathering exercise could be carried out on the scope of the ban if necessary. This is an important element of us ensuring that, on all ivory-bearing species, we will have the ability to act through this legislation, although this legislation before us today is precisely about the African and the Asian elephant.
I hope that, with the explanation I have given, the noble Lord feels reassured that the Government are committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent, and that this will consider extending the scope of the ban to other ivory-bearing species. On that basis, I hope the noble Lord will withdraw his amendment.
Lord Grantchester
I thank the Minister for that reply and recognise that the legislation contains the visions that he suggested, although it could perhaps be more emphatically stated. I appreciate his repeated commitment that the Government will follow up on the extension of the ivory ban to other animals through the consultation. With that in mind, I beg leave to withdraw this amendment.
“Whereas the 1989 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) agreed to ban the international trade in African elephant ivory; and the resolution adopted at the 2016 Conference of Parties to CITES agreed to phase out domestic ivory markets which contributed to poaching or illegal trade in ivory:
And whereas it is expedient to give effect in the United Kingdom to the restrictions on domestic trade:”
Member’s explanatory statement
This amendment would insert a Preamble linking the Bill to the resolution adopted unanimously by governments at the 2016 Conference of Parties to the UN Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which called on all governments to close domestic ivory markets which contribute to poaching or illegal trade in ivory.
Baroness Jones of Whitchurch
My Lords, this amendment would insert a preamble linking the Bill to the resolution adopted unanimously by Governments at the 2016 Conference of the Parties to the UN Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES. This called on all Governments to close domestic ivory markets which contribute to the poaching of, or illegal trade in, ivory.
Unfortunately, the government amendment introduced on Report in another place had the accidental consequence of removing the only explicit link between this Bill and CITES. There is now nothing in the Bill to make it clear that this legislation was drafted partly in response to the resolution adopted unanimously at the 2016 Conference of the Parties to CITES.
An amendment of this type was specifically requested by the David Shepherd Wildlife Foundation and the Born Free Foundation, which shared our concern that the link to the conference commitment had been deleted. We believe that such a preamble would strengthen the Act against possible judicial and equalities challenges by confirming that the legislation enables the UK to comply with international obligations to control domestic ivory markets under a UN-backed treaty. There are already precedents for this, notably in the original legislation to implement CITES in the UK—the Endangered Species (Import and Export) Act 1976—so this amendment would protect the Government’s resolve to comply with international treaties and strengthen their legal defence. I hope that noble Lords and the Minister will see the sense of the amendment and feel able to support it. I beg to move.
Lord Gardiner of Kimble
My Lords, the noble Baroness’s amendment would insert a preamble at the beginning of the Bill to draw a link between the provisions in the Bill and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
The United Kingdom is a party to CITES in its own right and will continue to be bound by and committed to its obligations under this important convention. Indeed, the UK is a very active participant in CITES. At the last CITES Conference of the Parties in 2016, the UK played a major role in achieving strong outcomes for endangered species, which will help ensure their survival in the wild. The UK ivory ban is consistent with both CITES and the EU Wildlife Trade Regulations. Under the withdrawal Act, these regulations will become part of UK domestic law. The UK ivory ban goes further than CITES and the EU in restricting commercial dealing in ivory.
Clause 35, which deals with the definition of ivory, previously referred to CITES for a specific reason—in order to limit the future application of the Bill to CITES-listed ivory-bearing species. As I alluded to in the previous group, the amendment made in the other place made it possible to broaden the scope of the Bill in the future to all ivory-bearing species, thus removing the need for a reference to CITES. No other provision in the Bill could be limited by a reference to CITES.
The Ivory Bill will apply alongside our existing obligations under CITES and the EU Wildlife Trade Regulations, and therefore there is no need to reference CITES or indeed the regulations in the Bill. As is customary, the Long Title of the Bill outlines the matters covered by it. As I said, we are acknowledged as one of the strongest participants in CITES but, given the amendment introduced in the other place, we do not think that CITES requires to be cited in this Bill. For the reasons I have set out, I ask the noble Baroness to withdraw her amendment.
Baroness Jones of Whitchurch
I thank the Minister for that explanation. The purpose of the amendment was to strengthen our hand in the Bill so as to avoid legal challenges that might otherwise have been made. In seeking to insert this preamble, I do not think that it was ever our intention to restrict what the Bill could achieve in terms of broadening out beyond CITES-specified endangered species. Nevertheless, I hear what the Minister says. I will again reflect on his views and his response, and I will take some soundings from those who have encouraged us to put forward this amendment. However, for the time being, I beg leave to withdraw the amendment.
Ivory Bill
Wednesday 24th October 2018
(5 years, 5 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
17:49 - Division on Amendment 2 - Ayes: 20 / Noes: 323 - Amendment 2 disagreed.
19:02 - Division on Amendment 24 - Ayes: 18 / Noes: 249 - Amendment 24 disagreed.
19:48 - Division on Amendment 40 - Ayes: 82 / Noes: 127 - Amendment 40 disagreed.
Lord Cormack
Lord Cormack (Con)
My Lords, I am sorry that there are not more in the House at the moment. I think if I were to ask any of your Lordships, individually or collectively, if you believed in the deprivation of the value of legitimately acquired private property, you would give a unanimous answer.
I have a retired friend in Lincoln who has spent his life collecting English watercolours. Some are very beautiful and he has collected them because he believes that they are beautiful but also because he always felt that in acquiring a watercolour, he was safe- guarding his money and knew that if he or his wife came upon difficult times, he could realise his assets. So it is, so it should be, and so, if he hits on hard times, it will be.
But if he had been like the gentleman who wrote to me only last week and collected ivory chess sets made at the same time that the watercolours were painted—the late 18th and early 19th century—he would be facing the prospect of having no assets that he could realise. This must surely be the law of unintended consequences. It cannot be that any Government, least of all a Conservative Government, would wish to act in that way against someone who has studiously—I use the word properly—collected items of interest and of some value, though not superb national value necessarily, and done no harm in the process.
There is probably not a single Member of your Lordships’ House—I hope there is not—who is not fundamentally opposed to the activities of ivory poachers. To that degree, we all welcome the Bill and applaud the Government’s desire to deal with poaching and punish those who trade nefariously in ivory items. But how many elephants will be protected in 2020 by forbidding someone from selling an ivory chess set made in 1820?
In Committee, I moved a slightly more far-reaching amendment, but I had the impression that it would not necessarily prosper, so I have made this amendment much simpler. It merely deletes the paragraph in Clause 1 that refers to,
“exporting it from the United Kingdom for sale or hire”.
If we are to prevent people realising their own legitimately acquired assets, surely we will not prevent them selling them in a country where it is entirely legal—as it is in France—to sell their ivory objects.
This is common justice as well as common sense. I beg to move.
Lord Hague of Richmond (Con)
My Lords, I have listened carefully to my noble friend Lord Cormack but I am opposed to his amendment, which would be destructive of the objectives of the Bill. It is important on this and other amendments to remind ourselves of the objectives of the legislation. Our ultimate objective and the objective of international policy on the ivory trade is to end the demand for new ivory. We probably all agree that this is the ultimate answer. Whatever we do in anti-poaching measures, conservation and the interception of shipments is really only mitigation. The answer to keeping elephants alive today is to end the demand for ivory.
That means bringing that demand to an end in China, Vietnam and south-east Asian countries. For years, some of us have been trying to persuade them of that, including when I was Foreign Secretary and began the conversation with China about ending its domestic ivory market. Now I am pleased to say that China closed its domestic ivory market at the beginning of this year. The British Government, including my noble friend the Minister at the Illegal Wildlife Trade Conference two weeks ago, were persuading other Governments to close their domestic ivory markets, including that of Laos, which is an important piece of the jigsaw, and, I hope, Vietnam and Malaysia in the future.
In every one of these conversations, including that with China, the first thing they say is, “Are you going to do the same? Are you going to close your domestic ivory market?” Secondly, they say, “If you don’t stop your exports from the United Kingdom, it is much harder for us to close our markets if thousands of items are exported as they have been each year”. The CITES figure is of 54,000 ivory pieces from the UK in a 10-year period, largely into Far Eastern markets. It is not credible to say to those countries, “Please close your domestic ivory markets so we save the elephants for the future. However, we are going to have a lot of exemptions and export to wherever we can from the United Kingdom. We have all these nice things we picked up during the Empire and we would like to be able to sell them in the future”.
It is very important to what is becoming a sensibly agreed international policy, not only that we support the Bill in general but that we do not make an amendment that would cut out of it the prohibition of exports, which would largely defeat the object of the Bill.
Lord Cormack
I am grateful to my noble friend but that does not address the issue of antique ivory. He may not be aware that most of the ivory exported is in the form of piano keys, but let us forget that for a moment. Does my noble friend think that in his desire to preserve the rainforest—a desire I am sure he and I share—it would be sensible to prohibit the sale of 18th-century mahogany furniture? His argument is devoid of logic, which is unusual for him.
Lord Hague of Richmond
We have not come to that point on the rainforests, but I would do whatever was necessary to save them. There is no doubt that the legal trade in the UK is cover for an illegal and illicit trade. We can see it for ourselves. Last month, I went to Heathrow Airport to meet the Border Force officials and Royal Mail personnel whose job it is to open suspicious boxes and so on coming into this country. I have seen with my own eyes and opened the boxes of the new worked raw ivory from elephants being killed today that is made to look as though it is antique ivory. That is why the United Nations Office on Drugs and Crime says that, globally, there is no doubt that a legal trade is cover for an illicit trade. So there is a powerful logic in enacting the Bill as it stands, including paragraph (d), referred to in Amendment 1, if we are to play our part internationally in saving the elephants of today.
Lord Carrington of Fulham (Con)
My Lords, I support my noble friend Lord Cormack’s amendment. I really just want to add to my noble friend Lord Hague that one of the great problems that the drafters of the Bill faced, and never really answered, is the claim that there is an inability in the ivory markets to tell the difference between modern ivory, newly carved from poached elephants, and antique ivory. It is in fact extremely easy to do and is done as a matter of course; indeed, it is enshrined in the Bill by museums having the expertise to determine whether an ivory item presented as of exceptional international and domestic importance—and therefore exempt under the Bill—is old or new. There is the expertise to determine whether ivory is old or new and to tell whether an ivory chess set—the example used by my noble friend Lord Cormack—is an old ivory chess set or one carved for the Hong Kong market. The reality of all this is that we are destroying a great many highly prized historical artefacts in this country for, probably, zero effect on the elephant population. That is the great tragedy of the Bill.
Baroness Jones of Whitchurch (Lab)
My Lords, noble Lords will not be surprised by this, but we are very much opposed to this amendment. The noble Lord, Lord Hague, put the case much more strongly than I will, but I was disappointed by the position of the noble Lord, Lord Cormack, on this. The very fact that his amendment focuses on exports goes to the heart of what the Bill is about. I am sorry that he has sought to start this debate in such a negative way. I hoped that we would have learned from our debates in Committee and that we had made the case in Committee, as the noble Lord, Lord Hague, said, that we are trying to stop the illegal exports of illegal pieces. That is the heart of the problem.
The latest CITES statistics show that there has been a dramatic increase in the amount of both raw and worked ivory being exported from the EU: in 2014-15, the last two years for which data are available, the EU exported 1,258 tusks. That is what has happened according to the CITES information. Over and above that, as the noble Lord, Lord Hague, said, there is the undercurrent of all the illegal trade of which nobody has any record. That is at the heart of this, and I am very sorry that we have started this debate looking at exports, which is the real problem that we have. I know we will go on to talk about other issues, but I regret this and I hope that the noble Lord, Lord Cormack, in other contributions that he might make, will do more to persuade us that he really understands the basis of the Bill. He said that he welcomed the Bill, but I think he has more of a responsibility to demonstrate how. I therefore urge noble Lords to oppose the amendment.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, my noble friend’s amendment would allow commercial exports of ivory to be exempt from the ban. Given the rationale of the Bill, this amendment would be contrary to its purpose. We have heard from all sides, and we are all united behind the need to tackle the devastating decline in elephant populations, which is being driven by the global demand for ivory. While key demand markets are primarily in the Far East, the UK has, by introducing the Ivory Bill, acknowledged that its own legal ivory market is one of the largest in the world. By closing this market we want to ensure that the UK no longer plays a role in driving the global demand for ivory, including in the Far East.
Currently, the UK ivory market is linked to the Far East. As I mentioned in Committee, a 2016 report by TRAFFIC, the wildlife trade monitoring network, shows that a shift has taken place over a number of years, with the UK legal market increasingly serving consumers in the Far East. UK Border Force officials have uncovered numerous antique ivory items being sent to Asian markets, often mislabelled as items other than ivory. Market surveys in the Far East have also shown that demand for ivory rarely distinguishes between legal and illegal ivory, with both found to be sold side by side. It cannot be denied that antique ivory from the UK is being exported to those markets, where it fuels the social acceptability of ivory and, in turn, perpetuates the demand.
I thank my noble friend Lord Hague for setting it out so clearly—indeed, the noble Baroness, Lady Jones, has said it much better than I possibly could—and I agree with every word he said. If we were to exclude exports from the UK’s ban, as proposed by this amendment, we would not only be allowing this link to continue but would also be condoning, internationally, the export of ivory items to demand markets. This would set back the actions already taken by other countries such as the United States and China by allowing new markets to grow in the Far East. It would also undermine the global movement to close markets and remove the value associated with ivory, which African elephant range states are calling upon us to do.
My noble friend Lord Hague referred to—as I will describe it—this global movement. The Illegal Wildlife Trade Conference was held earlier this month in London, where the UK Government launched the international Ivory Alliance, which will work to close domestic markets and reduce demand for ivory. It was a privilege to introduce a session at the conference—jointly chaired by my noble friend Lord Hague and Dr Zhou Zhihua of China, with a panel including the Assistant Deputy Secretary from the US Department of the Interior and the former New Zealand Prime Minister Helen Clark—which focused on the importance of closing domestic ivory markets.
The action the UK has taken by introducing this Bill is already helping to encourage other countries to take action. As my noble friend Lord Hague has said, both the Cambodian and Laotian Governments announced at the conference that they will be closing their domestic markets. This is an important step forward. Our work in the UK has also resulted in an Australian parliamentary committee recommending that Australia close its domestic market. The committee urged the Australian Government to follow the UK’s approach, which they described as an example of best practice.
Our actions are already having an impact and will continue to, if we make the right decisions. The current restrictions in place are not strong enough and there is an international movement, endorsed by a CITES resolution, to address the gap and in turn protect elephants. The UK must play its part, and it is for these reasons that the Government cannot support my noble friend’s amendment. As is customary at this stage, I therefore respectfully ask him to withdraw it.
The Earl of Clancarty (CB)
If this amendment is not passed, what would happen to objects that are confiscated at the border? I am thinking in particular of significant cultural objects that were destroyed in America, because all ivory is disallowed from entering the United States.
Lord Gardiner of Kimble
I say to the noble Earl, as my noble friend Lord Carrington mentioned, that there is no intention to destroy any objects. Indeed, there are further amendments on exemptions that we think strike the right balance regarding outstanding and the rarest items. We have a strong and proportionate package of exemptions, which will come up in the next group of amendments.
Lord Cormack
My Lords, the Minister’s response to that intervention from the noble Earl illustrates the lack of knowledge among those who are indulging in the gesture politics occupying us this afternoon. The fact of the matter is that, as the noble Earl, Lord Clancarty, referred to, already the United States is destroying items that have ivory as an ingredient. We will come to that later in today’s debate, but take as an example an Art Deco figure with an ivory head and a silver body. The ivory head would be taken out. There is a particularly graphic example of a Victorian salt and pepper pair, dating from, I think, 1874. They were beefeaters, and the faces were ivory. They were destroyed. This is the stuff of madness.
My noble friend Lord Hague speaks with passion, and I hope I rival his passion in wanting to preserve elephants, but he does not seem to understand the difference between antique objects and artefacts and modern things. He talked about fakes, but there are fakes in every walk of life and in every form of antique—we know that. But we would not clamp down on the sale of pictures because occasionally a fake appears on the market. We have to be moderate and sensible in our approach.
I will reflect on what has been said and I may well bring something back on Third Reading. I shall certainly test the opinion of the House on a later amendment this afternoon, but—
Lord Gardiner of Kimble
With respect, on this matter and with this amendment, I have no option but to tell my noble friend that I will say exactly the same at Third Reading. He says he intends to bring it back at Third Reading, but it is really a matter that we should deal with today, on Report. That is the way to deal with it. We have considered it in ministerial meetings and it goes to the very heart of the Bill. To take “exporting” out rides a coach and horses through the Bill’s premise, and I respectfully tell my noble friend that, at Third Reading, I will say exactly the same. If he does wish to test the opinion of the House, it should be at Report.
Lord Cormack
My Lords, obviously I will reflect on what my noble friend has said. I wish to test the opinion of the House on a later amendment but, for the moment, I will withdraw this one.
Lord Grocott (Lab)
My Lords, before the noble Lord, Lord Cormack, sits down, he is normally on the ball on such issues but unless the Companion has changed, this is not an appropriate way to put down an amendment on Third Reading. That is done only on a narrow basis, including due to new information or clarification of something that was unclear at an earlier stage. I think he may have a bit of trouble with the Table Office should he try to put down a similar amendment on Third Reading. I am surprised by what he has said, as he is so fluent in these matters. I hope he will acknowledge that, on this, I am right and he is wrong.
Lord Cormack
I am aware of the general position—of course I am. But we are at the first debate and we do not know quite how the Bill will emerge today from Report. We will then reflect. The noble Lord would agree, I am sure, that that is entirely logical and sensible. For the moment, however, I beg leave to withdraw my amendment.
Lord Cormack
Lord Cormack
My Lords, this is an amendment about which I feel particularly strongly, because it illustrates very graphically some of the nonsense in the Bill. The sentence that I wish to amend is Clause 1(5)(b), which states,
“an item that has ivory in it”.
If one accepted—and I do not—that there is any fairness at all in depriving people of the value of antique ivory objects, surely one can accept that something with an element of ivory in it does not need to be embraced by this Bill. We are talking of such things as the escutcheons on chests of drawers, the insulators of the handles of tea-pots and coffee-pots and the handles of fish-knives and fish forks. What a bureaucratic morass we will create if every item with ivory in it comes within the ambit of this Bill.
Baroness Quin (Lab)
My Lords, I will speak to my Amendment 28, which is grouped with Amendment 2, which has just been moved by the noble Lord, Lord Cormack. Once again, I seek to entertain Members of your Lordships’ House with tales of the Northumbrian pipes. My amendment covers a very narrow part of the music industry, but I hope that it will receive sympathetic consideration today. I should declare that I am the president of the Northumbrian Pipers’ Society, which is not a paid role but one that I am very proud to have. I also declare that I own two sets of Northumbrian pipes, but neither contains any ivory.
In Committee, sympathy was expressed on all sides about the fact that the sale and hire of a small number of Northumbrian pipes—even a small number of Northumbrian pipes is quite a large proportion of the Northumbrian pipe market—would be caught by the Bill. I was very grateful that the Minister agreed to meet, and got his officials to meet, representatives of the Northumbrian Pipers’ Society to discuss their concerns about the Bill. I am also grateful to the senior official who met Andrew Davison, the chair of the Northumbrian Pipers’ Society. They discussed things in some detail in Newcastle. I know that that was appreciated by members of the piping community.
However, following that consultation and the serious look that Defra undoubtedly gave to the situation of the Northumbrian pipes, the Minister wrote to me and said that, while he recognised that a number of instruments were made after 1975 with ivory repurposed from billiard balls and other ivory items found in antique and bric-à-brac shops, those instruments would not meet the Clause 8 exemption for musical instruments as the ivory would have been worked into its present form after 1975, even if it came from—I understand that it almost always does—an older piece of ivory. That decision by the Government still causes concern among Northumbrian pipers, as the Minister will understand. Therefore, I tabled the amendment in my name to try to deal with this particular issue.
In his letter, the Minister said that although they had looked closely at the particular circumstances of the Northumbrian pipes, he regretted that it did not prove possible to amend the Bill in such a way as would not undermine the premise of the Bill or inadvertently create a significant, exploitable loophole. I agree with the Government’s desire to avoid the creation of a loophole—very much so—so the amendment that I have tabled tries to deal with that particular problem. The amendment states:
“An item that has ivory in it is exempt from the prohibition if it is a musical instrument that has been certified by the Northumbrian Pipers’ Society, or a similar approved organisation, as being a set of, or part of a set of, Northumbrian pipes made before the passing of this Act, and covered by a valid Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) certificate”.
Even if that is not the perfect formulation, something like that is an alteration that could be made to the Bill in order to deal with this specific issue.
I listened carefully to what the noble Lord, Lord Hague, said about exports and I agree completely, but we are not talking here about exports but about a limited UK market, which is being somewhat threatened by what has been proposed. Therefore, it behoves us to try to look for a way through to see if an appropriate amendment can be made.
I know that, all along, the Government have not wanted amendments to the Bill and have wanted speedy passage of it, but as we can see from the Order Paper today, the Government have had to introduce a large number of amendments themselves. Given that the Bill will go back to the House of Commons, it seems to me that it gives us an opportunity to make one or two minor amendments, such as the one that I am proposing, which in no way undermines the principle of the Bill.
We are talking about ivory from old billiard balls and broken umbrella handles; I have seen some of the instruments that have been made with ivory of this kind. I also believe that it is very difficult to remove ivory from most of the Northumbrian pipes that I am talking about, without causing both irreparable harm to the pipes and quite a bit of damage to the ivory itself. We are also talking about small quantities of ivory. If there was a verification process of the kind I am talking about, that would deal with the issue in a way that would be satisfactory to pipers, as well as helping to keep this important regional musical tradition going.
In tabling this amendment, I have had the support of the noble Lords, Lord Vinson and Lord Beith, both of whom live in Northumberland and understand the issue of Northumbrian pipes very thoroughly. Therefore, I hope the Minister will take account of the amendment. I am glad that my noble friends on the Front Bench have a later amendment which talks about a report on the workings of this Bill and what effect it might have on the sale and hire of musical instruments in the UK. I am very grateful for that particular form of words, and hope to support that amendment at a later stage. In the meantime, I hope that the Minister will give careful consideration to the fairly minor and limited nature of the amendment that I am putting forward.
Lord De Mauley (Con)
My Lords, I once again declare my interest as chairman of LAPADA, the art and antique dealers’ trade association. The views I express today are my own, but they are informed by my involvement with LAPADA. I will speak to my Amendment 23 in this group, which, like my noble friend Lord Cormack’s, goes to the matter of the 10% de minimis rule. Given some of what I am about to speak of, I would like to say at the outset that my noble friend the Minister is not personally responsible for this Bill. When I had his job at Defra, I was the Minister responsible for the UK’s contribution to efforts to bear down on illegal wildlife trafficking, but by a quirk of restructuring of ministerial responsibilities, he is not. As always, he has conducted himself perfectly correctly through the passage of this Bill, even if I would have loved him to have persuaded his colleagues of its perverseness.
I am very disappointed to report that I have received no response on the points I raised concerning Art Deco artefacts and the UK’s ivory export figures—points which I at least regard as important. A vital element in any decision-making process is that those decisions should be made with as full a knowledge of the facts as is possible in the circumstances. For the last 18 months, profoundly misleading information about the extent of the UK’s role in the international movement of antique and worked ivory objects has been allowed to circulate and be regularly repeated, without being corrected by those who have been in a position to refute, or at least clarify, it.
In the period leading up to the Government’s ivory consultation, the UK’s “official” ivory export figures were employed by several high-profile wildlife organisations to justify their demands for a very restrictive ban on the sale of antique ivory. I refer to the information supplied by Defra to CITES each year. The Born Free Foundation claimed that for the period from 2006 to 2015, the UK’s exports represented 54% of the ivory exports from the entire EU, and that these exports comprised 25,352 ivory items. Indeed, my noble friend the Minister stated in Committee that, between 2005 and 2014, the UK had been responsible for 31% of the ivory exported from the EU for commercial purposes. The Environmental Investigation Agency claimed that the UK is the “world’s largest” ivory exporter. From this language, any sane, trusting person who cares about the welfare of endangered species would be forgiven for imagining that the UK exports thousands of ivory tusks to China as a commodity for carving—something that, if true, would indeed help to fuel the Chinese passion and demand for ivory. I should point out that, in fact, the world’s largest supplier of ivory to the world’s ivory markets is, of course, the continent of Africa.
The EIA announced:
“UK ivory exports are stimulating consumer demand globally, especially in Hong Kong and China, two of the world’s largest markets for both legal and illegal ivory. Even as the Government of China works towards closing its domestic ivory market by the end of 2017, the UK continues to inject a large amount of ivory into China”.
By any reckoning, those are strong and serious allegations, made even more powerful by the language employed and the standing of the body making them.
Lord Inglewood (Non-Afl)
My Lords, I shall speak to my Amendments 24, 32 and 36. Before so doing, I reiterate my declarations of interest in the register from Committee stage. In particular, I am president of the British Art Market Federation. I also own a number of ivory objects, as defined in the Bill. At least as relevant as that, I begin by saying that I like and am interested in old things. I had the privilege to chair for 10 years the Reviewing Committee on the Export of Works of Art. I am proud that I was appointed by the party opposite and reappointed by the party on this side of the House.
The purpose of my three amendments, which are linked, is simply to remove the requirement for registration of those items containing a de minimis amount of ivory, as described in Clause 7, prior to any possible sale. My arguments seem, in general terms, rather aligned with those of the noble Baroness, Lady Quin, and those concerned about musical instruments. The fundamental point is that my amendments entail no change to the substantive law being proposed, nor to the fundamental structure of the scheme around which the Bill is made.
We all know, as others have said, that we all support the underlying purpose of the Bill, which is to stop elephants being slaughtered for their tusks. The means that have been deployed to bring that about is to stamp on and out the trade in ivory that endangers elephants, graphically and appropriately known as bloody tusks.
The point behind my amendment is simple. The category of items I am looking at has no impact on the trade in ivory to the Far East that is endangering elephants. This point is recognised on all sides. The Government have spelled that out in the Bill’s Explanatory Notes. The conservation movement has specifically said the same, for example in the World Wildlife Fund’s briefing on the Bill. TRAFFIC, probably the most respected collector and interpreter of data about the ivory trade, as reported in the Art Newspaper, agrees. The art world—I draw your Lordships’ attention to a couple of articles by that respected authority Anna Somers Cocks in the Art Newspaper over the summer—is absolutely clear that these items in no way have anything to do with the demand in the east for ivory. Rather, we are talking about—as has been mentioned—inlays, shards and veneers: thin slivers of ivory, not the kind of thing that the noble Lord, Lord Hague, saw at a London airport. The Far Eastern market likes chunks and lumps of ivory that can be carved. The kind of things that I am concerned about cannot be, because they are physically no longer capable of being dealt with in that way.
Viscount Hailsham (Con)
If that happens, there is a real risk that the artefact in question will be destroyed.
Lord Inglewood
It is as the noble Viscount rightly says. But some will then say, as mentioned in Committee, that it is not necessary: “Selling it doesn’t matter—give it away to a charity shop”. What is a charity shop to do with it? It will want to sell it to somebody else, so it will be caught by the requirements for prior legislation. The only way that I can see this chain of argument evolving is that we may end up with refugees from other parts of the world surrounded by battered Georgian furniture, which seems a pretty surreal destination.
As the noble Viscount, Lord Hailsham, said, the likely result of all this is that a significant quantity of all the items—which, let us not forget, have real cultural and historical significance for this country—will end up on the tip. In addition, let us not forget that going to the tip along with the ivory will be a lot of tropical hardwoods such as mahogany, rosewood and so on. For a country that cares about these things and tells the world how much they matter, as we do, to legislate and consign them to the tip in Britain seems ludicrous, and a sad end to the ivory and mahogany involved. If I might misquote John Betjeman:
“Goodbye to old things. We who loved you are sorry
They’ve carted you off by refuseman’s lorry”.
By no stretch of the imagination could these things harm anyone or anything. In a free country one should, as a matter of principle, be able to sell freely items of that character. You should not need a state commissar’s authorisation to do so. From what I have heard, the Government’s case for this registration is illogical, not based on the evidence, completely disproportionate, philistine and a gratuitously destructive proposal. As a consequence, I am strongly opposed to it.
The Duke of Wellington (Con)
My Lords, I shall speak to Amendment 22 but, before doing so, I should like to support the noble Baroness, Lady Quin. I knew little about Northumbrian pipes until she spoke in Committee but her amendment seems entirely reasonable and I really hope that the Government will support it.
As I did in Committee, I declare an interest in that my family’s collection of works of art includes many items containing ivory but, as I also said in Committee, this is really a non-interest as I have no interest whatever in selling any of those items. However, the main point of the Bill, which I think we all support, is to try to protect elephants. I therefore completely support it and am very persuaded by what the noble Lord, Lord Hague, said in respect of Amendment 1. I agree with him that to exclude exports from the Bill would undermine some of its objectives and am very pleased that the noble Lord, Lord Cormack, withdrew that amendment.
However, I say to the Government that some of the restrictions on the exemptions are too restrictive. Amendment 22, which I am speaking to, has great substance and we should support it. After all, the Government have accepted the principle that portrait miniatures should be exempt. As we all know, they are painted on a tiny sliver of ivory. In no way does the value of a portrait miniature consist of its ivory content; it is in the quality of the painting or the identity of the sitter. Therefore, one really cannot pretend that it is a significant factor that so many portrait miniatures are painted on ivory.
The Government, therefore, have rightly accepted this principle. However, it is so surprising that they then restrict this to miniatures with an area of 320 square centimetres. I think I remember the noble Lord, Lord Gardiner, in replying in Committee, saying that this restriction would capture 90% to 95% of miniatures. I have to say to the Government that if you accept the principle of exempting miniatures but wish to capture only 90% to 95%, why not exempt all portrait miniatures? That seems logical and I cannot imagine that it creates a loophole that would give any concern to all of us who support this Bill.
That is really the main thrust of what I wanted to say. I really hope the Government will think again on the matter. I am minded to support a number of other amendments about percentage of content and other matters, which seem to make the Bill a little more flexible. It will be easier to establish that an object is exempt if we do not define the percentage of ivory content too narrowly. Therefore, I hope some of these other amendments will be put to the vote.
Baroness Neville-Rolfe (Con)
My Lords, like others I am in favour of conservation, especially of endangered species. I noted with satisfaction the introduction of this Bill, intended to help with the conservation of elephants. Like most Members of this House I find elephants fascinating. They are magnificent creatures that have impacted on human history in many varied ways—by accompanying Hannibal, by logging in the Asian jungle and by delighting us in literature such as Kipling’s Jungle Book and in Disney’s blockbuster.
Many other noble Lords are much more expert in this area than I am so initially, I did not seek to contribute, for instance at Second Reading. However, I was approached by an acquaintance who is an antiques auctioneer in my native West Country. He complained that the detailed arrangements proposed in the Bill—the subject of this group of amendments—would have a significantly adverse effect not only on business but on many who enjoy artefacts, often made with small amounts of ivory. Comparable conservation benefits could be achieved by less onerous arrangements.
I examined the detail of the Bill about which complaints were being made. I am afraid that I was disappointed to find that his claim was in essence true. As the Bill stands, many objects which have given pleasure to many people sometimes over many decades or, indeed, centuries will be rendered valueless and unsaleable. There is every chance that as a consequence, many will simply be dumped—the logic of my noble friend Lord Inglewood’s example. This is appalling, especially since the conservation benefits for elephants from such actions when the Bill comes into effect in 2019 will be vanishingly small. Claims to the contrary are, if I am polite, unconvincing.
In the impact assessment of 23 May there appears to be no estimate of the disposal cost of dumped items as over time, millions of low-value products are sent to landfill or to be burned. It is indeed one of the least impressive impact assessments I have seen. For example, there is an assumption that the many small antique businesses and market stallholders will spend only half an hour each on familiarising themselves with the new rules, and at an hourly rate of £11.34, that would not pay for the time of a lawyer or a responsible business owner or manager seeking to address the minutiae of the new rules and registration process. My experience of business suggests that the cost of compliance will be 10 or 20 times that.
Viscount Hailsham (Con)
My Lords, I rise to speak to my noble friend Lord Cormack’s Amendment 2, but what I have to say is in support of all the amendments in this group, including that tabled by the noble Baroness, Lady Quin, on Northumbrian pipes. Sharp-eyed noble Lords will have noticed that I put my name to a number of these amendments and then withdrew it. That was not because of lack of support but because I thought I was not going to be here performing professional duties, and I thought it discourteous to your Lordships’ House to sign amendments and not be here. That depends on noble Lords’ point of view.
I think everyone who has spoken in this debate and all the other debates about the Ivory Bill endorses the principle of trying to prevent elephant poaching—it is a dreadful thing—and thinks that we need to do all we can to stop it. As a matter of fact, robust action against poaching is probably the most effective way, but an effective, proportionate and reasonable way of disrupting the trade is also appropriate. That is the purpose of this Bill, but we have to apply the test of proportionality to identify whether the actions contemplated by the Bill are proportionate in their consequences both ways. There are two very serious disadvantages associated with what this Bill is about—I shall come to the amendment specifically.
The first, which my noble friend Lord Cormack dealt with quite correctly and at some length, is the interference with private property. This Bill is flagrant interference with private property, and my noble friend Lord Inglewood takes the same view. At the same time, there will inevitably be a consequential loss and destruction of the artefacts. The description of trying to sell a low-cost bit of brown furniture—although of quite interesting historical value—and it proving impossible will inevitably lead to the skip.
There is therefore a cost in all of this: a cost to principle and a cost to artefacts. That takes me on to the question: what will this Bill achieve in stopping the elephant poaching or trade? I share the view of my noble friend Lord De Mauley: I suspect very little. What this is actually about is sending a message, but messages go unheeded and unheard, and I am sure that this one will. It is about making gestures, but often these gestures should not be made. I remember the Dangerous Dogs Bill. I remember unit fines in the magistrates’ court. These were gestures that should never have been made and messages that should never have been sent.
Against that background, I turn to the way of addressing what has been identified. This Bill is going to pass, and I agree with my noble friend the Duke of Wellington that it should pass. However, there are defects within it, and the defects are being addressed by looking at the exemptions. This House should be trying to enlarge the exemptions and seeking to put in further provisos. It is in that spirit that I propose to support probably all the amendments in respect of which your Lordships’ opinion is sought, and I hope there will be quite a few Divisions. I think, too, however—and this will be to the great relief of your Lordships’ House—that the views I have expressed, which are general to the amendments in this group, actually apply to all the other amendments and will not require any repetition from me.
Lord Carrington of Fulham
My Lords, I rise to speak to my Amendment 25, which is a very specific amendment and rather esoteric, but I will come on to that in a moment because I really just wanted to register my agreement with the previous speakers that this Bill is far too restrictive. We are banning ivory items and ivory inlays and items containing ivory that have no possibility of being recarved in the Far East for sale on to that market and no prospect of having any value in themselves. An ivory carver sitting in Vietnam, for instance, would have no interest in carving a sliver of ivory to go into a false 18th century box. It would just make no sense at all and it would be nonsense. We ought to have a sense of proportion about what we are trying to do in this Bill.
What we are trying to do is to stop large lumps of ivory being exported to countries where they will be recarved and converted into the items that their populations think are attractive and for which they will pay good money. This is not an emotional business; it is purely a financial business. If we ban the export of large items of ivory, or their sale in this country—because they will be smuggled out of this country eventually, just as rhino horns are smuggled out of here, which is a similar problem—we will achieve what we can achieve in respect of saving the African elephant using the antique ivory trade.
As has been said, the protection of the African elephant is not down to what is sold at Christie’s in King Street in London. It is down to whether we can finance the actions against the poachers, whether we can train the police and protection officers in those countries, whether we can arm them properly, and whether we can ensure that the supply routes where the ivory is taken out of the country are shut down. That is what it is really all about. It is not about this gesture politics Bill. That is what it is about, and that is what we should be concentrating on.
I add something that has not been mentioned because it is not politically correct to do so. A lot of ivory is not obtained by rogue poachers; it is done with the connivance of people who are very powerful in the countries where the elephants are, and they make a lot of money out of it.
My noble friend the Minister assures me that several of the countries which have large numbers of elephants are in favour of us banning the sale of ivory. I am perhaps too cynical. Perhaps I have lived too long a life dealing with rogues and rascals both in politics and in business, but if I were trying to make money out of selling ivory, I would try to shut down part of the market which I thought conceivably—however misguidedly—could be competition. In other words, I would of course say, “Ban the ivory market. Ban, ban, ban”, so that I can kill the elephants in the savannah and make money by selling those tusks to Hong Kong.
I should apologise, because perhaps I should have made that speech during Committee but, as some noble Lords will know, I was under the depredations of various surgeons then, so I apologise for not making it then.
My Amendment 25 is rather esoteric. It is even more esoteric than the Northumbrian pipes of the noble Baroness, Lady Quin. Under the Bill, an item which is detachable and can stand alone is an individual item and is therefore treated as such. This is not usually important, but it is very important if you are dealing with scientific instruments. The way that 18th-century or early 19th-century mercury barometers are regulated is by a little knob that pulls out. It is detachable and independent of the barometer itself. You would use it to adjust the vernier on the scale to measure the height of the mercury and to put pressure on the mercury reservoir at the bottom of the barometer, when you regulated the barometer to show the correct barometric pressure, to make sure that the mercury was at the right level. So it has two functions.
My amendment is specifically designed to say that this knob should be treated as part of the barometer, not as a separate item, because these knobs were almost always an ivory disc—not dissimilar, I have to say, to the discs used in so many other things, such as portrait miniatures, tickets for theatres, and so on, which have no commercial value for recarving. They have commercial value because there are artistic elements to them, but the knob has no commercial value. If I tell your Lordships that they are 2.54 centimetres in diameter, those of you with a scientific bent will know that that is an inch. They are of a maximum of an inch in diameter, very thin and on a metal shank. All I am trying to do by the amendment is to ensure that antique dealers do not have to throw away the integral knob when they sell the barometer.
The Earl of Clancarty
My Lords, I apologise for not having spoken at Second Reading, so I shall speak very briefly. I fully support Amendment 2, tabled by the noble Lord, Lord Cormack, as well as the other amendments in the group. I believe very strongly in the protection of endangered species, but I also believe strongly in the protection of cultural heritage. The principles I hold on culture are no different from those I held on a previous Bill that passed through this House concerning the protection of cultural property in time of war. As it stands, this is a lop-sided Bill. We need to prevent the destruction of our cultural heritage, which, for some objects, is a far more likely outcome than the Minister thinks, unless the exemptions are allowed.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I rise briefly to speak against this group of amendments, and I shall not repeat arguments made at length at Second Reading and in Committee. I have tremendous respect for the noble Lord, Lord De Mauley, and his obvious passion for antique ivory and for others who have spoken in this debate, but I fear that I am not persuaded by their arguments.
It is essential in ensuring the success of the Bill when it passes into law that the restrictions and exemptions are very limited. To increase the exemptions to 20% for furniture and other objects and to 30% for musical instruments and to have unlimited size on pre-1918 portrait miniatures risks driving a coach and horses through the Bill. Any widening of the criteria will increase the market for ivory objects, weakening the entire purpose of the Bill by allowing trade in many additional items containing significant amounts of ivory. Similarly, moving away from the de minimis cut-off should be rejected. Registration of ivory-bearing items is fundamental to ensuring that items sold commercially meet the criteria set out in the Bill.
Having listened to the arguments made in Committee and this afternoon, I acknowledge that there is no meeting of minds over the rationale for the measures in the Bill. The Government and those of us who support the Bill believe that these restrictive measures will help to protect the elephant. Those who oppose it do not believe that this will happen and are therefore not prepared to support these measures. This is regrettable in the extreme. Everything that we know about CITES supports the Government’s Bill. We do not support making the Bill more flexible in terms of exceptions. I urge your Lordships to reject this group of amendments.
Lord Vinson (Con)
My Lords, if one passes a Bill that defies common sense, one is inviting the law to be broken. Most people will never have heard of the Ivory Bill and will just carry on giving, swapping or doing what they do. However, if the Bill is drafted in such an overly restrictive manner, as previous speakers have illustrated so well, it will invite people to be dishonest. This amendment is important because it enables common sense to be brought back into the whole equation.
Baroness Flather (CB)
My Lords, the more difficult it is to register, the more difficult it is to decide what needs to be registered and the more difficult it will be to maintain the register. You cannot watch everybody doing everything. It is very important that matters are simple and can be taken on board by everybody. When I was 12 years old, my father had my portrait miniature painted on ivory. I hope it will not be caught by the Bill.
Lord Marlesford (Con)
My Lords, I agree with the Bill and its intentions, but it has failed the test of proportionality in many respects. I would not have supported my noble friend Lord Cormack’s amendment, because I thought it was too wide, but I support Amendment 24, in the name of my noble friend Lord Inglewood, on the need for de minimis registration. To introduce bureaucracy of that sort is quite crazy. Some of us have been fighting for years to prevent intrusion into people’s houses. I am glad to say that that has been reduced with the help of the Law Lords and happens much less now.
However, something like this is absurd. I remind your Lordships that in 1966, when there was a Labour Government and an economic crisis—they went together at that time—they introduced a statutory instrument requiring anybody who owned more than three gold coins to hand them in, but it was tokenism. People did not do it, of course. I remember various questions being asked about how many convictions there had been, and how many coins had been handed in. The answer was none.
Unenforceable law is bad law and we really must not encourage it. Some of the provisions of the Bill are so OTT that we must stand up to them, particularly as they have nothing intrinsically to do with the Bill. I support my noble friend Lord Inglewood’s amendment.
Lord Grantchester (Lab)
My Lords, my noble friend Lady Quin has spoken eloquently on the effect of the Bill on future generations of Northumbrian pipers. Like her, we cherish musical tradition and would not wish the music played by pipers and enjoyed to cease. I pay tribute to the department for organising a visit by a member of its team to assess the instrument and thank her for meeting the society. However, as has been reported back to the department, some of the pipes have problems under the Bill. It is my hope that the Northumbrian Pipers’ Society itself can take on a role in seeing that instruments are recycled to new pipers through bequests and other measures, and that new instruments avoid the provisions of the Bill. It would be difficult to create a new exemption for Northumbrian pipes. As the House will later see, we have tabled Amendment 78 to report on the effects of the Bill on musical instruments more generally. Evidence provided through the consultation, including from the Musicians’ Union, showed that the vast majority of commonly played and traded instruments, including violins, pianos and bagpipes, comprise less than 20% ivory.
Turning to Amendment 2 and others in this group, we do not support what they wish to achieve, which amounts to a reduction in the provisions and effectiveness of the Bill, which is a commitment of both parties to introduce a ban on the sale of ivory. The Bill includes limited exemptions to the ivory trade that are sufficiently narrow to ensure that they will not contribute to the poaching of elephants. The carefully crafted clauses represent the culmination of a productive collaboration between NGOs, law enforcement, museums, art dealers and musicians. It is Labour’s view that the Bill strikes the right balance. I call on all the proposers of amendments in this group to withdraw or not to move their amendments so that future generations can enjoy living in a world with elephants.
The Illegal Wildlife Trade Conference, held earlier this month in London, underlined the importance of the UK putting in place a near-total ban on UK ivory sales as soon as possible. This legislation builds on the resolution agreed at the 2016 Conference of the Parties to CITES to phase out domestic ivory markets and will give the UK greater credibility in continuing to press other key countries in south-east Asia with a history of ivory trade to commit to closing their markets and to implementing strong domestic ivory bans. China closed its ivory market in 2017. Ivory poaching is now the fourth-largest crime sector after arms, drugs and trafficking. I remind your Lordships’ House that 20,000 elephants are killed each year, or some 55 a day.
I turn to Amendment 24 in the name of the noble Lord, Lord Inglewood, which seeks to remove registration as a precondition of allowed sales of de minimis objects. The noble Lord raised concerns about proportionality and others have followed with remarks on both the registration fee and administration involved, which would necessitate photographing, measuring and examining the object for any distinguishing features before uploading the information to a database. I am sure the noble Lord would accept that photographing, measuring and examining the object for any distinguishing features would be part of any normal process of listing an item for sale at an auction house or on an online marketplace. It is our view that registration is necessary for enforcement. The proposed system places a small administrative responsibility and a small financial cost on the seller, who, in turn, will gain from the exemption to the ban on dealing in ivory. Crucially, by registering an item through the system, the applicant will be confirming that, to the best of their knowledge, all the information provided is correct and the item therefore meets the exemption. The APHA, the regulator and the police will have access to the registration system to enable them to carry out any enforcement and monitoring action necessary. The APHA will also carry out spot checks on items registered to check for accuracy and compliance. This is also a key and necessary part of the regulations.
Amendment 22 in the name of the noble Lord, Lord Cormack, would remove the size criterion for portrait miniature exemptions. The noble Lord will recall from our previous consideration of this issue that the Government added the category of portrait miniatures to the list of exemptions in Committee in the other place. Emma Rutherford, a representative of Philip Mould & Co, an expert on portrait miniatures, gave evidence on how the exemption for portrait miniatures could be refined to add a size limit, and agreed that the suggestion of six inches by eight inches would be sensible. This is 320 square centimetres, which would allow between 90% and 95% to be exempt. The Government have moved considerably on many of these features and I therefore call on the House to reject these amendments.
Lord Gardiner of Kimble
My Lords, these amendments relate to the scope of the ban and, in particular, some of the exemptions to it. I emphasise how uncomfortable I am in having to address this to a number of my noble friends, but I do so with great sincerity. The department has undertaken extensive consultation with a broad range of stakeholders, including the music sector, the antiques sectors and all the sectors engaged, as well as NGOs interested in conservation, to shape the Bill and, in particular, to establish a narrow and carefully defined set of exemptions.
I was struck by what my noble friend Lord Hailsham said—he used the word “proportionate”. The architecture of this proportionate approach has been carefully designed to balance the need to close our domestic markets with consideration of the interests of those who currently own certain items of ivory and the obligation to protect our cultural heritage. I think that my noble friend Lord De Mauley was in his position at Defra when my party had a manifesto pledge, in 2015, for a total ban. We have considered with the consultation that there are proportionate ways of approaching what is an imperative: to do everything that we can to stop the incidental and direct pressure on the elephants on this planet. That is why I will cut to the chase and say that the Government cannot support the amendments in this group. But I would like this opportunity, as is only reasonable, to set out why in more detail.
Amendment 2, tabled by my noble friend Lord Cormack, serves to alter the definition of ivory in Clause 1 of the Bill. This amendment would mean that any item with less than 20% ivory or any musical instrument with less than 30% ivory would be excluded from the ban, meaning that it would remain legal to deal in such items. Indeed, they would be within the scope of the rest of the Bill. The amendment does not state whether this threshold refers to volume, weight or another measurement. There is no backstop date referred to. This amendment would mean that items of any age with less than 20% ivory or any musical instrument with less than 30% ivory would not be affected by the ban and would only be subject to existing CITES regulations. This amendment would greatly undermine the scope and purpose of the Bill.
My noble friend Lord Cormack’s Amendment 22 refers to the exemption for pre-1918 portrait miniatures. The amendment would remove the size qualification, excluding the frame, from the exemption. We had this discussion in Committee, and my noble friend the Duke of Wellington referred to his own personal and rather considerably sized portrait miniature, which he rightly said he had no intention of dealing or selling. As the noble Lord, Lord Grantchester, said, this size qualification was developed from evidence provided during a House of Commons evidence session by a portrait miniatures expert. This evidence suggests that the size qualification, as we have heard, would include in the exemption 90% to 95% of pre-1918 portrait miniatures, which is the majority. Any item that falls outside this size qualification may also be exempt as an item of outstanding artistic, cultural or historical value and importance if it meets the criteria, which will be set out in regulations. The Bill makes clear that a frame would not be included in the calculation of the surface area of a portrait miniature. As I said, we will be developing detailed guidance on how to measure surface area, in consultation with relevant stakeholders.
Lord De Mauley
I am very grateful to my noble friend. Can he give us an indication of what the level will be?
Lord Gardiner of Kimble
No, I am not going to give an approximation. I used the words “a small fee”, and it will be considered in what would be the normal manner in which fees are considered. I have put on record that it will be a small fee. It is not intended to be burdensome or bureaucratic. I emphasise—given that we wish to reduce demand for ivory, as it is no longer a desired object around the world because of the continuing slaughter of elephants—that we need to do everything we can. That is why we want to protect sellers and buyers in those exempt areas which we have agreed in the Bill and to give them an assurance, given the fact that around the world we are seeing the closure of domestic markets of ivory, that this protects future sellers and buyers of the items within our exemption package.
I believe, and the Government believe, that the online self-registration system will have a range of benefits. It will provide assurance to those dealing in ivory through an exemption that they are complying with the law. It will also be an essential tool in identifying breaches of the ban. Enforcement officers will be able to use material submitted to the online system to monitor compliance and to support investigation into potential offences.
Of course, every individual has the right to own and enjoy items made of or with ivory and to bequeath and inherit those items without the need for registration. Indeed, many of these items will have sentimental value. It is only in the case of selling, hiring or using an item for commercial gain that registration will be required, which we believe is a proportionate response. We must ensure that robust measures are in place to enforce the Bill. Therefore, it is critical that all exempt items are subject to registration to support the rationale of the Bill but also, as I said, to support the interests of the sellers and buyers of exempt ivory.
Amendment 25, tabled by my noble friend Lord Carrington, seeks to clarify, with reference to the de minimis exemption, what is to be considered integral to the piece. Ivory must be,
“integral to the item’s design or function and contemporaneous with the item”.
I preface my remarks by saying that I am very pleased to see my noble friend returned to his place following his time in hospital. We have given this issue very careful consideration, and I hope that my forthcoming explanation will provide him with reassurance as to the intent of this exemption.
My noble friend correctly identifies that the ivory content of an item meeting this exemption must be incorporated into the piece at the time of its manufacture and to constitute an irremovable aspect of the item’s form and function. The ivory cannot, of course, have been added at a later date or be superfluous to the design and/or function of the item. As drafted, the Bill takes account of these concerns. Clause 7 provides that the ivory must be integral to the item, and may not be removed without difficulty or without damaging the item. Most obviously, that would apply in the case of inlaid furniture. But it would also apply where the ivory element were part of a detachable part of the item that is itself integral to the piece. If I may explain further, I would point to a teapot or serving dish with an ivory handle to the lid. The lid is clearly integral and contemporaneous to the teapot or serving dish, and the ivory handle is integral to the lid. Therefore, providing that the total volume of ivory in the item is less than 10%, it would meet the de minimis criteria.
There are other types of items, such as barometers and maybe small sewing boxes, for which the ivory content may be an entirely separate element, such as a knob on a barometer or the lid of a sewing box. These elements were clearly designed to be removable yet are integral to their design and purpose. For instance, without the knob—my noble friend Lord De Mauley raised this in Committee and my noble friend Lord Carrington raised it today—one may not set the mercury level on a barometer, and without the lid, assuming that it is less than 10% of the volume of the whole piece, the item could not function as a box. We will set out in guidance not only what I have described as examples but more fully the points that my noble friends have raised.
Amendment 28, tabled by the noble Baroness, Lady Quin, would add a new clause after Clause 8 to exempt any,
“musical instrument that has been certified by the Northumbrian Pipers’ Society, or a similar approved organisation, as being a set of, or part of a set of, Northumbrian pipes made before the passing of this Act, and covered by a valid … (CITES) certificate”.
In Committee, I gave an undertaking that my officials would meet the representatives of the Northumbrian Pipers’ Society, and a very informative meeting was held.
As the noble Baroness knows, I am sympathetic to the Northumbrian piping community and the traditions. However, her amendment would constitute a widening of this exemption. Interestingly, my official identified that most pipes contain less than 20% ivory by volume, which was the initial concern in Committee. It then became more apparent during the detailed consideration —for which I am most grateful to the Northumbrian Pipers’ Society—that some Northumbrian pipes were made after 1975 with ivory repurposed from other items, and therefore will not be covered by the musical instruments exemption. The noble Baroness’s amendment would, however, allow Northumbrian pipes made with ivory right up until this year to be exempt from the sales ban. We believe that that would create an unjustifiably broad exemption for one instrument over all others. I should emphasise that those instruments not covered by the exemption will still be able to be played and enjoyed, and that the ban will not affect the ability to pass on or donate those instruments for future generations.
I apologise to noble Lords for taking some time, but I want to emphasise that the Government have embarked on considerable consultation in bringing forward the exemptions package. We remain of the view that they are reasonable. Phrases such as “gesture politics” do not chime with me. I attended the Illegal Wildlife Trade Conference, as I said on an earlier group of amendments. The word that came from that group, which represented over 80 countries, was “leadership”. It was about the leadership that this country is taking. That point was endorsed by five heads of African states. I hope that my noble friend Lord Carrington will forgive me, but my impression from meeting people at that conference was that they were not cynical.
Lord Gardiner of Kimble
They were not cynical. They were men and women from countries that are the most dramatically affected by the slaughter of elephants. These are the vulnerable villages and communities of Africa that are losing one of the most important economic engines for their prosperity. If any of those people had heard some of the comments this afternoon about gesture politics and cynicism, they might have despaired of this country. That is not the purpose of this legislation. Its purpose is to ensure that this country does everything possible—everything—to play our part in saving one of the planet’s most important and iconic animals. I have to say—and I will close with this—that in the end, whatever points my noble friends have made this afternoon, the interests and importance of these animals must always come before those of privately owned objects.
Lord Cormack
My Lords, I do not think there is anyone in your Lordships’ House who would find a bad word to say about my noble friend Lord Gardiner. He is rightly popular in all parts of the House; he is assiduous, diligent and personable. In every sense, he is someone we can all like. However, he has a touching faith in certain people from certain countries, and a touching faith in his ability to create an unbureaucratic system. I beg to differ. I do not want to make a long speech; I made a very short one in moving this amendment, and my noble friend has made a fairly considerable response—for which we are grateful, of course. The fact of the matter is that he fails to understand that you can be passionate about preserving elephants—as I think every Member of your Lordships’ House is—but at the same time see that this Bill is riddled with anomaly, and has many faults.
As for miniatures, why let 5% or 10% “get away”? Why not have a clause that covers and preserves all miniatures? And why have this obligation to register everything? It will create a great bureaucracy. No elephant in 2020—or 2019, when this Bill comes into force—will be saved by the insistence on registering a chest of drawers with ivory escutcheons made in 1790 or 1810. No elephant will be saved by insisting that, if a miniature comes above the stipulated size, it cannot be sold. The noble Baroness, Lady Bakewell, and I know we will never agree on this. She talked about miniatures and failed to accept the point made by my noble friend the Duke of Wellington, who said that their ivory content is of no substance or value at all—never mind the fact that it is generally 200 years old. It is the work of art, or the likeness of the person depicted, that gives value to the miniature, not the thin bit of ivory on which it is painted.
We could have a much better and less bureaucratic Bill if only these simple points were registered and accepted. I know that my noble friend is obdurate. I know, from talking to the Secretary of State—who is always courteous, but is inflexible on this—that my noble friend really has no leeway when he stands at the Dispatch Box. However, I would like to test the opinion of the House.
Lord De Mauley
Member’s explanatory statement
Without this amendment, Art Deco objects of outstandingly high artistic, cultural or historical value, for example, will not be eligible for an exemption certificate.
Lord De Mauley
My Lords, some noble Lords have noticed that the wording of Amendment 3 was jointly tabled by my noble friend Lord Carrington of Fulham and me in Committee. At that time, I said that I reserved the right to bring it back on Report, particularly as some of the issues I had raised had not been addressed in the Minister’s responses. I want to reiterate what I said in the last debate but the points are all, none the less, relevant. The types of items that would be exempted by the amendment to change the Clause 2 date from 1918 to 1947 could in no way be seen as directly or indirectly encouraging demand for ivory in Asia. Unless they are musical instruments or contain less than 10% ivory, items incorporating ivory may be sold only if they are,
“of outstandingly high artistic, cultural or historical value”,
and must predate 1918. Objects such as pianos with ivory keys need only predate 1975, and the low ivory content objects, 1947.
Art Deco style is a highly regarded genre that flourished between the Great War and the Second World War. The V&A Museum held a major Art Deco exhibition in 2003 and some of the 20th century’s greatest designers and sculptors, including Demétre Chiparus, produced Art Deco artwork that sometimes incorporated ivory elements. One of his works—the sculpture in bronze with ivory elements—was regarded as such an important work of art that it sold at auction for a six-figure sum. Examples of his work feature in the collection of the world-renowned Museum of Fine Arts in Boston. Yet as the Bill stands, it would perversely forbid the sale of the most outstanding and rarest examples of Art Deco design while allowing the sale of ordinary upright pianos mass-produced as recently as the 1950s. Changing the dateline for Clause 2 from 1918 to 1947 would bring it into line with the Clause 7 exemption dateline for objects comprising less than 10% ivory.
Turning to my Amendment 4, to benefit from the Clause 2 exemption and be granted an exemption certificate, an historical artefact incorporating ivory needs to be inspected by appointed specialists and to pass the hurdle of being,
“of outstandingly high artistic, cultural or historical value”.
The antiques trade supports the concept of ivory artefacts being checked by third parties and granted exemption certificates—something both LAPADA and BADA suggested should happen more than two years ago. As I said at greater length in Committee, reports compiled by concerned parties into the problem of identifying old ivory have all focused on the low-priced, solid ivory carvings and trinkets and not on culturally valuable works of art such as portrait miniatures or inlaid Georgian furniture. The trade fully agrees that all solid ivory carvings should be subjected to third-party scrutiny since they are more difficult to appraise than objects made from a mixture of materials. Other materials provide a context in which the style, workmanship and condition of the ivory element can be judged.
Regrettably, the unnecessarily narrow formulation of the Clause 2 exemption will end up prohibiting the sale and, over time, result in the inevitable loss of many thousands of genuine antique objects that fail to meet the “outstandingly high” requirement. Among examples of what will become prohibited items are Victorian chess sets, ivory crucifixes, Georgian silver teapots with ivory handles, 18th-century ivory portrait silhouettes, and 19th-century sandalwood sewing boxes. I could add to this list items of cultural significance for other cultures, such as Japanese netsuke. These types of item are not made from modern ivory and have been acknowledged by the Secretary of State as having no connection to the trade in recently poached ivory. They are all capable of being assessed for authenticity by knowledgeable specialists who can readily tell them apart from most modern-day bangles or trinkets. I point out to your Lordships that museum curators and experts such as those on “Antiques Roadshow” regularly make judgments about antique objects and most of the time do not need scientific evidence to do so. Scientific dating of ivory is, though, available as a last resort.
There is no evidence that Far Eastern buyers are purchasing vast quantities of items such as English silver cutlery with ivory handles or 19th-century gentleman’s travelling boxes containing inserts with ivory lids. Those who appreciate history and an understanding of our past are concerned for the many thousands of objects which are of intrinsic historical, social and cultural value but will fail to meet the “outstandingly high” test. That the Bill does not ban their ownership or prevent their being inherited or gifted to a museum will not prevent their destruction or loss over time. Museums do not have the resources or storage space to accept large additional numbers of artefacts, many of which will already be represented in their collections. There is no guarantee that the family members of an owner of an early 19th-century chess set will want to inherit and care for it themselves. What precisely will be its fate if it has no resale value? I can tell your Lordships now: it will be thrown in the bin. An item that is part of our cultural and social history will simply be unavailable to future generations.
One cannot understand history and learn its lessons by destroying it. I would be more willing to accept losses such as this if I felt that some good would come of it—that the life of a living elephant in Africa would be saved as a consequence. Yet no one has provided any evidence to demonstrate that the sale in this country of a genuine, third-party authenticated Victorian chess set has any direct or indirect connection to the poaching of elephants in Africa. First, if it has been checked as being genuine, by definition it cannot be made from poached ivory. Secondly, as I have already demonstrated, it is untrue to suggest that large numbers of these items are being shipped to the Far East. Thirdly, the United Kingdom is not itself importing raw ivory to fabricate fake Victorian chess sets. To be quite frank, we do not have the skills to do so anyway. Finally, British antique collectors are not interested in any modern ivory items.
The Bill’s aim is to help to conserve elephant populations and, more specifically, to reduce poaching. Paragraph 6 of the Bill’s Explanatory Notes expresses the entirely understandable desire that objects from the UK should not, whether intentionally or inadvertently, contribute to markets that create a demand for ivory. The vast majority of the many thousands of cultural objects that will fail the current Clause 2 test are of no interest to Asian buyers because they do not acquire English or European antiques. Where the Explanatory Notes refer to a demand for ivory, they automatically characterise all objects made from ivory as homogeneous and interchangeable, regardless of their age, cultural origin or historical significance.
Since most of the ivory objects offered for sale in the UK are of no interest to Chinese buyers and those that do hold their interest are exported in only very small numbers, restricting exemption certificates to items that are of “outstandingly high” rather than “high” artistic, cultural or historical value is disproportionately restrictive. The term “outstandingly high” never featured in the Government’s consultation document. The concept envisaged a year ago was that “significant” cultural or historical items should be exempted. No one has brought forward any evidence to demonstrate why this change was required to fulfil the Bill’s aims.
My small amendment would therefore result in the Secretary of State’s assessors being required to conclude that objects containing more than 10% ivory are of high artistic, cultural or historical value. This would remain a significant hurdle for objects to surmount: assessors would be required to conclude that an item that incorporates ivory provides us and future generations with a high degree of valuable historical or cultural information. The sale of ordinary mundane objects such as bangles or ivory chopsticks would continue to be prohibited. I beg to move.
Lord Cormack
My Lords, I wish to refer briefly to Amendment 6, which is grouped with my noble friend Lord De Mauley’s leading amendments, as is my Amendment 5. I will not speak to that amendment; my noble friend Lord De Mauley has effectively covered it, because I also want to take out the word “outstandingly”.
My Amendment 6 would take out the words “an important” and put in “a significant”. That might sound of no significance, but it is. My noble friend Lord De Mauley talked about the sorts of objects we will be dealing with here. One of the things that attracts me to social history is the things that people used and gave. I once knew a man—I have mentioned him in your Lordships’ House in earlier debates—who had an amazing collection of theatre and race tickets. Many of them were in ivory. They could not be called outstanding and I do not think that any of them could be called important, but significant they most certainly were. This was a collection that reflected the social history of the mid-18th century: the people who patronised the playhouses or went to the racecourses and gained admission by presenting an ivory ticket or token. A large collection such as the one my friend had is of some value. Many of the examples were indeed individually unique; no other tickets to that particular theatre or performance were known to exist.
I referred to this earlier when I talked about the first amendment: he collected these things because of their intrinsic interest and his own fascination with social history, but also because of the knowledge that collectively, even though he probably had not given more than £10 or £20 for any individual item, the collection was worth something. He knew that if he fell on difficult times or wanted to help a son or daughter, there was a little nest egg that would probably produce a few thousand pounds. If we enact the Bill, we will deprive a collection and a collector like that. We are effectively confiscating private property. We are not physically destroying it, although, as my noble friend Lord De Mauley said a few minutes ago, that might well be the ultimate result, but we are saying to somebody that that property, legitimately and lovingly acquired, is no longer theirs to dispose of for any money at all. That is unjust and wrong. I return to the old, worn record: how does preventing the sale of such a collection, the items in which are all of some significance, help in any way to preserve an African or an Asian elephant in 2019 or 2020?
We are all concerned about the elephants—we keep coming back to that—but there is nothing incompatible between being desperately keen to save elephants and being desperately keen to save elements of our social history.
Lord Carrington of Fulham
My Lords, I do not want to intervene for long, but there is a slight problem with the definition of “outstandingly”. What is outstanding to one expert may well not be to another. I raised this at Second Reading. It comes down to what sort of museum collections you are trying to create. Museums such as the V&A or the British Museum are interested only in outstanding items, and they can define what they mean by an outstanding item by reference to what they already have in their collections: to be outstanding the item should add to that collection.
Many museums, however, are not trying to do what the British Museum or the V&A do. The example that I have used before is the Geffrye Museum, a series of old almshouses on the continuation of Bishopsgate, just outside the City of London. The Geffrye Museum recreates middle-class rooms down the ages. Those middle-class rooms will have ivory items—ivory cutlery and tea caddies for example—none of which is outstanding in itself. However, items are outstanding in the sense that the Geffrye Museum considers them exemplars of what was used at that time by middle-class people—and increasingly, in some museums, by working-class people in this country. The definition of outstanding is, therefore, somewhat open to interpretation and it would be much better to remove “outstandingly” and replace it with a word such as “significant”, which would allow much more leeway in deciding whether an item is worthy of a national collection or is something that no one is interested in preserving.
Baroness Neville-Rolfe
My Lords, my concern is with the effects of this Bill, which may come to be criticised in the fullness of time, as elephant stocks recover and beautiful objects are lost as a result of it, and collectors of Art Deco work containing ivory are stopped in their tracks. I accept that, as we have heard from the Minister, Defra Ministers consulted during the Commons stage of this Bill, but the debate here has shown that some further changes are needed in the interests of common sense. So I support the amendments in this group from my noble friend Lord De Mauley.
I hope that the Minister will be a bit more receptive than he was towards the previous group, and ask whether he can think of any ways to reduce the concerns of people such as us about the perverse effects of these arrangements, for example in the guidance he described earlier.
Lord Hague of Richmond
My Lords, as on Amendment 1, I briefly draw attention to the importance of international co-operation in implementing the policy of which the Bill is a part and which these amendments would affect. We will not be able, by anything we do in our Parliament of our own volition, to save the African elephant, but we are able to be part of a concerted and perhaps, one day, successful international effort, represented by, among other things, strong bans on domestic markets.
I mentioned in my earlier intervention that China is now implementing a near-total ban, and the effect of China announcing that last year was to reduce the price of ivory in China by about two-thirds in one year. Pursuing that policy is the way to destroy the profits and attractions of the criminal networks engaged in this trade. That is why strong domestic bans in many parts of the world—in range countries, demand countries, transit countries—are so important.
If I have understood these amendments correctly, they could represent a more serious dilution of the exemptions in the Bill than the previous group. That would be serious, because in some respects it would leave us with much less of a total ban than exists in the United States or China. The Minister was right to say, on the last group, that the Government have consulted widely, and I believe that they have reached the right balance, so unlike my noble friends I would not encourage him to be more receptive to this group than to the last.
Baroness Bakewell of Hardington Mandeville
My Lords, I am grateful to the noble Lord, Lord Hague, for so eloquently setting out the case. The removal of “outstandingly” or “outstandingly high” would substantially increase the number and types of items that qualify for exemption. The purpose of the outstanding artistic value exemption is to allow the older items of exceptional artistic value to be traded.
The exemption before us would undermine that purpose and risk weakening the Bill by enabling trade in many pre-1947 worked items. The proposal of the noble Lord, Lord Cormack, to replace “important” with “significant” will similarly severely weaken the exemption criteria. It will already be possible for Art Deco items to be purchased by museums from private owners under Clause 9, which intentionally does not specify the age of ivory artefacts that can be acquired by museums. It is unwise and unnecessary to widen the exemption further.
As I said, those who support extending the exemptions do not see that this increase in items containing ivory will impact on the elephant population. Unfortunately, they are not correct. It is also wrong to assume that anything that is not exempt, or does not get a certificate, will be destined for the rubbish dump. Families will keep their personal artefacts and furniture containing ivory and pass them on to their children or grandchildren. Unfortunately, a lot of hysteria is being generated.
The monitoring of the elephant population, particularly in Africa, is much more sophisticated nowadays—due to the use of drones—than previously. The sad truth is that the population is down to 400,000. For the first time since records were kept, the number killed each year is higher than the number of live calves born. It is time to make a stand, and it is obvious that this House—across the political divide—supports the Bill. While the Ivory Bill is not perfect, it is a significant step forward in protecting the elephant. We must show the world that we are serious, in the hope that others will follow suit. We cannot support this group of amendments.
Baroness Jones of Whitchurch
My Lords, I shall respond to these amendments, which would move the applicable date for exemptions from pre-1918 to pre-1947 and would lower the threshold for exemptions, allowing larger numbers of items containing ivory to be bought and sold.
As has been said, these amendments will considerably weaken the impact of the Bill. As the Minister explained in Committee, 1918 was chosen because it defines items which are 100 years old and therefore classified as antiques. A move to include more recent items for exemptions, as suggested in Amendment 3, would inevitably increase the number of items containing ivory in circulation. It would include a much wider group of objects than the Art Deco items which the noble Lord seeks to protect. In any prohibitive Bill of this kind, it is impossible to find a perfect date from which to apply the constraints. As we have mentioned several times, we would have preferred a complete ban on ivory sales but, if there has to be a cut-off date for exemptions, we agree that 1918 has the best logic. Of course, as has been said, that would not affect the ownership or gifting of items, nor the continuing trade in Art Deco items which do not contain ivory.
Lord Cormack
It is perfectly possible to forbid online sales, full stop. We would not object to that. Again, as has been implicit in all our arguments throughout every stage of the Bill, it is perfectly possible to insist that only registered auction houses and registered dealers, whose expertise has been established, can deal in ivory. All of that we have said time and again, so it is quite unfair for the noble Baroness to make such a sweeping statement.
Baroness Jones of Whitchurch
I find it ironic that the noble Lord talks about sweeping statements. The fact is that we talked about having a complete ban on online sales. Indeed, colleagues on the Lib Dem Benches proposed that in Committee; it is perhaps sad that they have not brought it back on Report. The noble Lord, Lord Cormack, will also know that the reason we are here today is that we already had a ban, which was meant to constrain what auction houses and so on were doing. It was then found that illegal pieces were passing through the auction houses.
I am not saying that the Bill is perfect; it is not, but it is a considerable step forward from the previous legislation. The Government would not be pursuing the Bill, with our support, if they did not feel that the evidence was compelling and overwhelming. The noble Lord, Lord Hague, is absolutely right: we have to close down the domestic ivory market, not for its own sake but because this is part of an international movement. Only when we all share the same broad objectives internationally will we actually be effective in all this.
I was quite offended by some of the comments from the Benches opposite in the previous debate, which somehow implied that there was a conspiracy among some African countries on this issue. I do not see it on that basis. I too attended the Illegal Wildlife Trade Conference and the Minister was absolutely right. There were Heads of Government there and people in various senior positions from all round the world, including the African nations. They were absolutely passionate about needing to protect the elephants and protect their economic interests in the longer term, and therefore to close down the illegal ivory trade. Until we all understand why that is necessary, we will not be able to make much progress on this. On that basis, I therefore urge noble Lords to reject all these amendments.
Baroness Vere of Norbiton (Con)
My Lords, these amendments seek to widen the scope of the Clause 2 exemptions, which provide for:
“Pre-1918 items of outstanding artistic … cultural or historical value”,
and which are rare and important examples of their type. Their effect would be to increase—in some cases quite significantly, as noted by my noble friend Lord Hague—the number of items that would meet the criteria to be exempted under this category. This exemption is just one of a package of five carefully balanced and deliberately limited exemptions. This package was developed following extensive consultation with stakeholders and represents what we believe is a proportionate and reasonable approach, while retaining the integrity of the Bill’s critical purpose. The exemption in Clause 2 recognises that there is a strata of items, made of or containing ivory, which are traded for their artistic, cultural or historical value rather than their ivory content. This exemption is specifically intended to be narrow and applicable only to rare and important items of their type.
Amendment 3, tabled by my noble friend Lord De Mauley, would change the backstop date of this exemption from 1918 to 1947. That would significantly increase the number of items which fell under the exemption. I recognise my noble friend’s concerns that ivory items from the Art Deco period would not be included in the exemption. However, I emphasise that the intention of the Bill is to ban dealing in ivory with narrow exemptions. In the case of any ban, there will always be items that fall outside any exemptions. We believe, as I am sure many other noble Lords do, that the 1918 backstop date is reasonable and proportionate.
However, as per the exemption set out in Clause 9, acquisitions by qualifying museums will not be affected by the ban—this was noted by my noble friend Lord Carrington and mentioned in her speech by the noble Baroness, Lady Bakewell. Significant items from the Art Deco and Art Nouveau periods may be sold to accredited museums, where they may be enjoyed by the public and preserved for the nation. I reiterate: the Bill has no impact on any individual’s right to personally own, bequeath, gift or inherit these items.
Amendments 4, 5 and 6 would alter the definition of items in this exemption by removing “outstanding” or “outstandingly high”, and replacing “important” with “significant”. The effect of these amendments would be similar to others, by significantly increasing the number of items which fall into this category. In setting the criteria for this exemption—my noble friend Lord Carrington raised this—we will draw on existing criteria used to assess pre-eminence and national importance, such as the Waverley criteria and the export licensing regime for cultural objects. We will of course consult and work alongside expert institutions, museums and other key stakeholders to establish regulations setting out the detailed criteria for this exemption.
We are clear that items must be valued for their artistry, historical or cultural value, not their ivory content. As my noble friend Lord Gardiner and my right honourable friend the Secretary of State have said on a number of occasions, the Government intend to reduce the desirability of ivory items domestically and internationally. But nothing in the Bill will prevent anyone continuing to appreciate, enjoy or admire the artistry or craftsmanship of any ivory item that they own, have collected, have been given or have inherited.
My noble friends Lord De Mauley and Lady Neville-Rolfe talked about the inevitable loss of items. Why will these items be lost? The items might be artistic— perhaps an Art Deco sculpture. Why would they be destroyed? They might be theatre tokens, as in the case mentioned by my noble friend Lord Cormack. These items are interesting and elements of our social history; you would not destroy them.
Lord Cormack
They are also personal property, legally and properly acquired by people who felt that they would at some stage be able to sell them if they needed to. This is an invasion of private ownership and the principle of being able to dispose of what you legitimately acquired and own.
Baroness Vere of Norbiton
I think that we have been through that particular hoop a number of times. Indeed, this Bill complies with the European Convention on Human Rights. It is a proportionate response to an issue of global concern.
These objects will not be destroyed. Perhaps even if individuals no longer want them, they could do what I do and give them away or use Freecycle for items with little sale value. I find items on Freecycle last for about a day. There are many options available to individuals who want to pass on their items containing ivory.
With that explanation, I hope that my noble friend feels able to withdraw his amendment.
Lord De Mauley
My Lords, I have seen the result of the whipping by the three main parties in your Lordships’ House this afternoon, despite none of them addressing, or apparently even understanding—as was amply demonstrated a moment ago by my noble friend the Minister—the critical points some of us have raised. To divide the House on Amendment 3 would be futile and I am not in the business of wasting the House’s time. Let me therefore withdraw the amendment by quoting our Lord from Luke, chapter 23, verse 34:
“Lord, forgive them, for they know not what they do”.
Lord Gardiner of Kimble
Member’s explanatory statement
Clause 2(3)(c) currently allows the Secretary of State to use guidance to specify matters that must be taken into account when considering whether an ivory item is of outstandingly high artistic, cultural or historical value. This amendment requires these matters to be specified in regulations instead.
Lord Gardiner of Kimble
The amendments in this group arise from the recommendations made by the Delegated Powers and Regulatory Reform Committee in its report on the Bill. I thank the committee for its report, which has been extremely helpful in developing further how key parts of the Bill are to be implemented. The committee made a number of recommendations suggesting that negative resolution regulations, instead of guidance, should be used to set out certain matters.
First, Clause 2(3)(c), which allows for “other matters” that may be taken into account when deciding whether a pre-1918 item is of outstanding artistic, cultural or historical value, will be amended to be set out in regulations. “Other matters”, in this context, are in addition to consideration of the rarity of an item and the extent to which it is an important example of its type. Such matters might include an item’s religious significance, scientific importance or whether it has previously been on public display.
The Government agree with the Delegated Powers and Regulatory Reform Committee that in this case, guidance would not be an appropriate method of detailing the other matters that prescribed institutions—museums with expertise in ivory items—should take into account when providing advice on whether items are of outstanding artistic value and importance. As the committee notes, setting out regulatory requirements in guidance can mean that a person can have an element of choice about whether to follow them. This is not the Government’s intention and we therefore accept the committee’s recommendation.
Amendments 7 and 11 also replace powers to set out in guidance additional information that those applying for an exemption certificate under Clause 2 and those registering items as exempt under Clause 10 must include in their applications. This is in addition to that set out in the Bill under Clause 3(1) and Clause 10(1). Work on the implementation of the Bill has revealed that it already lists all the information we will need to issue exemption certificates and handle registration applications. We therefore accept the committee’s recommendations with respect to Clauses 3 and 10 by requiring additional information requirements to be set out in regulations rather than guidance, should a future Government need to do this. While important details will be set out in regulations, the Government will still produce guidance that will help applicants navigate their way around the application processes for both the exemption certificate and registration regimes.
Amendments 14 and 38 remove Clause 4(8) and Clause 11(5) from the Bill. These provisions allow guidance to be used to set out how applications for exemption certificates and registrations must be made. Guidance may, for example, require applications to be made electronically or online. The Government have decided to allow maximum flexibility with regard to how applications may be made and will therefore be removing these powers from the Bill because they will no longer be necessary.
Applicants for exemption certificates and those registering items as exempt will be able to apply online or download forms to be completed in hard copy for postal submission. They will also be able to telephone or email requests for copies of forms to be sent to them by post. This is to reflect the diversity of persons who may wish to submit applications, which may range from private individuals without internet access to large auction businesses.
Lord Cormack
Will they be able to apply by post? Do they have to download it or get it by email? My noble friend said they can send things in by post. Many of these people will be very elderly and will not necessarily be familiar with modern devices.
Lord Gardiner of Kimble
I will make sure that I get a precise note. The whole purpose of us saying that people can apply online and offline is precisely to cover the diversity of private individuals, as I mentioned. I will just check for my noble friend whether a form can be sent or whether it has to be downloaded.
The answer, apparently, is that there will be a range of opportunities for people to receive forms—online or not. I am told that a hard copy application can be requested by telephone. I think that covers, in one way or another, most people in this country.
The committee also recommended that Clause 5 should include more details about the appeals regime, rather than leaving it to secondary legislation. Amendments 17 to 21 deliver the committee’s recommendation. First, the amendments set out in the Bill that the First-tier Tribunal will hear any appeals against a decision by the Secretary of State not to issue an exemption certificate or to revoke an existing certificate. As many of your Lordships will know, the First-tier Tribunal has wide experience of hearing appeals concerning regulatory matters and, indeed, is the body to hear appeals against decisions to serve civil sanctions in Schedule 1 to the Bill. The amendments also set out in the Bill the grounds on which an appeal may be made and the powers of the tribunal on hearing an appeal. The only matters that will be left to secondary legislation will be any further grounds that the Secretary of State may wish to add and the cost of an application for an appeal to the tribunal. I acknowledge once again the recommendations of the Delegated Powers and Regulatory Reform Committee, and I beg to move.
Baroness Jones of Whitchurch
My Lords, I support these amendments. We are very pleased that the Government have listened to the Delegated Powers Committee and have addressed its concerns about too much detail being contained in guidance. We will return to this issue when we debate our Amendment 40, which seeks to establish regulations about how those dealing in ivory can verify the exempted status of the piece being bought or sold.
We also welcome government Amendments 17, 18 and 21, which considerably tighten up the basis on which appeals on exempted certificates can be made. We raised this issue in Committee and are very pleased that the Government listened to those arguments and have produced specific grounds for appeal that cannot be used to undermine the clarity of the decision-making process. We therefore support these amendments.
Lord Gardiner of Kimble
My Lords, I think it is customary that I thank the noble Baroness very much for her support for this group of amendments. It is an indication of the importance of the work of your Lordships’ House and the committees.
Baroness Vere of Norbiton
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Baroness Vere of Norbiton
My Lords, the UK Government have acted in accordance with the devolution settlements and engaged throughout the process with each of the devolved Administrations on the territorial extent and implementation of the Ivory Bill across the UK. I am pleased to say that the Governments of Scotland and Wales have both clearly expressed their support for the Ivory Bill. We have also worked closely with the Northern Ireland Department of Agriculture, Environment and Rural Affairs.
The UK Government’s engagement with the devolved Administrations concluded that dealing in ivory items either within a devolved country or between a devolved country and another part of the UK is a devolved matter. For instance, a dealing conducted wholly within Scotland or between Scotland and Wales will be devolved. Dealings between any part of the UK and a third country remains a reserved matter. The UK Government have therefore come to an agreement with the devolved Administrations to ensure that these devolved interests are protected through a number of amendments tabled in the name of the Minister.
The government amendments ensure that most regulations under the Bill that apply in relation to Wales, Scotland or Northern Ireland may be made only by, or with the consent of, Welsh Ministers, Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. If a devolved Administration does not provide consent, it can make its own regulations. The only exceptions are the powers to set fees by regulations and the publication and consultation of enforcement guidance, which remain exercisable by the Secretary of State but will require consultation with Welsh Ministers, Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. These exceptions are made simply because the power to prescribe fees and the publication of enforcement guidance are technical matters.
We have also agreed to a minor amendment to specify Scottish Ministers as the appropriate body to publish a list of accredited museums. This change was requested by the Scottish Government as a reflection of the different status of Museums Galleries Scotland and Arts Council England and does not alter in any way the effect of this provision.
I assure noble Lords that the Scottish Government and the Welsh Government have confirmed that they are content that these amendments accurately reflect their devolution settlements and their rights under those settlements. These two devolved Administrations will issue legislative consent Motions ahead of Third Reading and the appropriate official procedure will be followed with respect to Northern Ireland. I beg to move.
Lord Grantchester (Lab)
I thank the Minister for her introduction and explanation of these amendments concerning the devolved Administrations. I listened carefully and I have one or two queries. It would be helpful if she could clarify the source and inspiration behind the amendments, bearing in mind that they were not tabled for Committee and so their impact was not debated. Will she outline the problem that her department seems to have stumbled across and to which these amendments are the solution? They seem to point to inconsistencies in the Bill between devolved competences and Clause 37(1)(b), on regulatory provision, that I need to grasp. Has the Minister’s department run into problems during dialogue on the Bill with one or other of the devolved Administrations? She did not seem to suggest that.
The Minister’s letter dated 19 October concerning the government amendments stated that the Secretary of State will be able to make regulations with the consent of the relevant Administrations, leaving aside for this purpose the requirement merely to consult on the fees or guidance. I remain unconvinced about how the involvement implied under consent will lead to more effective implementation of the Bill. On the contrary, there is concern that these amendments could result in unwarranted duplication of legislation and bureaucracy, at best, and regulatory divergence and differences at worst. It is regrettable that this group of amendments has been tabled so late in the process and that the House has not had more time to consider the matter. Will the Minister explain why she concluded that these provisions are necessary, bearing in mind that this is a reserved matter, as she said, and that there does not seem to be any policy differences between the UK Government and the devolved Administrations? Does she share the concern that the authorities will have to duplicate the canopy of administration when they may not have the required expertise in dealing with ivory or the trade in endangered species? Can she assure the House that these amendments will not lead to a delay in implementing the Bill or in commencing regulations or to it being implemented on different dates in different parts of the UK?
Baroness Vere of Norbiton
I thank the noble Lord, Lord Grantchester, for his comments. I reassure him that these amendments came out of lengthy discussions over time. They were laid when they were laid—in good time for consideration by your Lordships on Report, I think—as a result of a timeline issue. It was necessary to establish whether certain issues were devolved or reserved matters. In my opening remarks I made it very clear that we have listened carefully to the devolved Administrations and that we now fully understand how we can practically make sure that the Bill works in every country of the United Kingdom. I agree with the noble Lord that there could be concerns about bureaucracy and duplication but I think that because of the conversations we have had with the devolved Administrations, that will not be the case. Many of the systems will be used by every country. The enforcement regime will be the same, although it will be conducted by different people north of the border. OPSS, the enforcer in the first instance, operates nationally. When we look at these amendments, it is important that we respect the devolution settlement that we have reached with these nations. We thank the other Governments for their support in pushing this forward. Although the noble Lord has concerns, I reassure him that I believe they will not come to pass.
Lord Gardiner of Kimble
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Member’s explanatory statement
This amendment is consequential on the Minister’s first amendment at page 2, line 21.
Lord Gardiner of Kimble
Member’s explanatory statement
Clause 3(1)(g) currently allows the Secretary of State to use guidance to specify information that a person applying for an exemption certificate must provide. This amendment requires the information to be specified in regulations instead.
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Lord Gardiner of Kimble
Member’s explanatory statement
Clause 4(8) currently allows the Secretary of State to issue guidance setting out the form or manner in which anything required by clause 3 or 4 may or must be done. This amendment removes this power.
Member’s explanatory statement
The effect of the current definition of “specified information” is to allow the Secretary of State to use guidance to specify information that must be provided to the Secretary of State when a person other than the original holder of the exemption certificate deals in an item. This amendment requires the information to be specified in regulations instead.
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment provides that an appeal against the refusal or revocation of an exemption certificate is to be made to the First-tier Tribunal.
“( ) An appeal under subsection (1)(b) may be on the ground—(a) that the decision was based on an error of fact,(b) that the decision was wrong in law, or(c) that the decision was unreasonable,or on any other grounds that are prescribed by regulations made by the appropriate national authority.( ) On an appeal under subsection (1)(b), the First-tier Tribunal may—(a) confirm the Secretary of State’s decision to refuse or revoke the exemption certificate,(b) require the Secretary of State to issue an exemption certificate, or to cancel the decision to revoke an existing exemption certificate, or(c) remit the decision to refuse or revoke the exemption certificate to the Secretary of State for reconsideration.”Member’s explanatory statement
The subsections inserted by this amendment set out the grounds for an appeal against the refusal or revocation of an exemption certificate, confer power on the appropriate national authority (see the Minister’s amendment of clause 37 at page 22, line 24) to prescribe further grounds in regulations, and set out the actions that the First-tier Tribunal may take on an appeal.
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 4, line 36.
“(4) The Secretary of State may by regulations make provision requiring an appellant to pay a fee of a prescribed amount.”Member’s explanatory statement
The effect of this amendment is to remove paragraphs (a) to (d) of the existing subsection (4) of clause 5. Those paragraphs are no longer necessary because the Minister’s amendment at page 4, line 36 will enable the matters in question to be dealt with by First-tier Tribunal Rules.
Lord Inglewood
Member’s explanatory statement
This amendment removes registration as a precondition of allowed sales of de minimis objects containing ivory.
Lord Inglewood
I am very grateful to the Minister for the way in which he responded to my earlier concerns in our previous debate. I found myself almost seduced by his silver tongue. I found myself wondering whether perhaps he was right, but all along there was a niggling doubt in the back of my mind. As I said in my remarks, the scheme which is being adopted globally to deal with ivory poaching is basically the same right around the globe. The interesting thing about that is that there is nowhere else on earth where there is a registration scheme associated with de minimis exemptions. It is also interesting that in the consultation that was held prior to the Bill, there was no mention of registration. It was a matter that came into the frame—if I may put it that way—right at the last minute. That makes me wonder.
My amendment does not change the substantive law, nor does it change the scheme that this Bill is intended to put into effect. If this amendment were to be passed, two things would follow. The first one is that the very real concern of my noble friend Lord Hague—that somehow we would be outside the scope and general thrust of the international efforts to deal with ivory poaching—could not be the case. We would merely be doing what other people are doing. Equally, the noble Baroness, Lady Jones, made the important point that we do not want to be out of synch with other people. Indeed, you could make quite a strong case for saying that, on the basis of the facts, by including my amendment, we would actually be more aligned with other countries around the world rather than less so. I find it odd that we are being told that the right way to tackle this is rather different from the way that the rest of the world does so. It should be a matter for your Lordships to decide whether we want to be a bit different from everybody else or whether we follow the international pattern. Against that background, I would like to test the opinion of the House on this important matter.
Baroness Quin
“Report on the impact of this Act on the hire and sale of musical instruments
At the end of the period of five years beginning with the day on which this Act is passed, the Secretary of State must lay before each House of Parliament a report on the impact of this Act on the hire and sale of musical instruments containing ivory in the United Kingdom.”
Baroness Quin
I briefly move Amendment 27, which asks for a report on the impact of the Bill—the Act when it receives Royal Assent—on the hire and sale of musical instruments. The amendment calls for such a report at the end of a period of five years beginning with the day on which the Act is passed. However, since tabling my amendment, I note that my noble friend Lady Jones has tabled Amendment 41, which is in many ways a more satisfactory version of my amendment, because it calls for a more wide-ranging report—including the point that I make in my amendment—on an annual basis. I hope that the Minister will look favourably on Amendment 41 and, because of the existence of that amendment, will say nothing further about Amendment 27.
Lord Grantchester
I shall speak to Amendments 41 and 78 in this group. Amendment 41 would require the Secretary of State to prescribe appropriate categories for the purpose of publication and specifically precludes the release of any information that would be unlawful or might lead to the identification of the owner. At this stage, I ask the Minister to go somewhat further than she did in Committee and clarify more specifically what the Government can do, at what intervals and through what media, to give confidence that the Bill is working effectively.
Amendment 78 requires the Secretary of State to publish an annual report covering the implementation and impact of the ivory ban domestically and internationally. This includes the work of the various bodies involved, including the Office for Product Safety and Standards, the Animal and Plant Health Agency and the National Wildlife Crime Unit. We feel that this is very important given the concerns raised in Committee about the resources—or, perhaps more accurately, the lack of resources—available to these organisations, as well as their specific role in the implementation of the Bill.
We also feel that it is important to consider the hire and sale of musical instruments containing ivory, as my noble friend Lady Quin explained. The 20% exemption for musical instruments is designed to allow most instruments to be exempt from the Bill, including pianos and bagpipes. Although we do not support more widely drawn amendments, we must be aware of the impact that the ban will have on this artistic activity.
Importantly, we would also want the report to build on any international reports considering the impact on nations or communities that generate income from ivory. Poachers who kill elephants are usually poor and looking for a way to feed themselves and their family. However, education and development are needed so that communities can be turned to recognise the value of elephant tourism. An elephant is worth 76 times more alive in a savannah than in a market place. The report could augment the view that managed conservation with tourism will offer an alternative sustainable income to elephant communities and wider populations of Africa. Will the Minister go a little further than she was able to go in Committee?
Baroness Bakewell of Hardington Mandeville
My Lords, I support Amendments 41 and 78, which were debated in Committee and the Labour Front Bench said they would be bringing them back. While I support them, I am interested in what the Minister has to say.
Baroness Vere of Norbiton
My Lords, the Government fully appreciate the sentiment behind the amendments in this group. Monitoring the implementation and impacts of the ban on the ivory market and other affected sectors is very important.
I turn first to Amendment 41, in the name of the noble Baroness, Lady Jones, on the publication of a report on matters relating to the exemptions to the ban. In Committee, there was widespread agreement in your Lordships’ House about the importance of transparency and providing information to the public. I believe that the Government’s commitment to share publicly information on exemptions, in line with the Data Protection Act, was welcomed. We are committed to publish data on appeals, the number of items registered and the number of exemption certificates issued and revoked each year and to include a breakdown of these numbers into categories such as statues, reliefs, furniture and musical instruments. The noble Baroness’s amendment reflects these commitments, for which I am grateful, and I am happy to repeat them today. I cannot, however, agree that an amendment is needed and hope that the commitments that the Government have made will suffice.
I turn to Amendment 78, again in the name of the noble Baroness, Lady Jones, regarding a report on the impact and implementation of the Bill. I appreciate that the noble Baroness has reflected points raised in Committee in this amendment. I reassure your Lordships’ House that, as a matter of course, the Government will assess the impact and implementation of the ban over time, in particular its enforcement. Much of this information will be available in the public domain and subject to public scrutiny.
It might assist noble Lords if I give a number of related examples of where this kind of information is already provided publicly. Perhaps this will assist the noble Lord, Lord Grantchester, in understanding the types of information that we will be publishing. The regulatory body that we have chosen to help enforce the ivory ban, the Office for Product Safety and Standards, already publishes an annual report which includes its activity over the year for each of the different regulatory areas the body covers. The Animal and Plant Health Authority, which will administer the registration system among other things, submits annual trade data on used permits to the secretariat of the Convention on International Trade in Endangered Species—CITES. This data is available publicly on the CITES database. The National Wildlife Crime Unit, where appropriate, issues press releases on closed cases it has been involved in, often including the penalties issued. These publications will continue, and we will consider how we can provide further information that will complement but not duplicate them. An obligation in the Bill to produce reports would risk duplication and be a considerable and unnecessarily expensive undertaking.
With regard to the Department for International Development, a number of announcements were made at the Illegal Wildlife Trade Conference earlier this month about additional funds being made available from DfID and Defra, including £46.6 million to protect endangered species and a £20 million round of UK Aid Match for wildlife and conservation issues. Any programme that is run by DfID must publish an annual review online demonstrating its results.
With regard to nations generating income from ivory, as referred to in Amendment 78, we believe that the decline in elephant populations deprives some of the poorest countries in the world of their natural resources, which impacts economic growth and sustainable development. The illegal ivory trade is conducted almost uniquely by organised criminal groups and the money from this despicable trade rarely reaches local communities and the people who need it.
At the request of the noble Baroness, Lady Quin, I will not respond directly to her amendment, but I hope that she takes comfort from my words about the types of data that we will be drawing out and the categories of items that we will be able to summarise.
I hope that I have been able to reassure the noble Lord, Lord Grantchester, and the noble Baroness, Lady Jones, and that the noble Baroness, Lady Quin, feels able to withdraw her amendment.
Baroness Quin
“Northumbrian pipes
An item that has ivory in it is exempt from the prohibition if it is a musical instrument that has been certified by the Northumbrian Pipers’ Society, or a similar approved organisation, as being a set of, or part of a set of, Northumbrian pipes made before the passing of this Act, and covered by a valid Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) certificate.”
Baroness Quin
My Lords, I spoke to this amendment earlier. I felt that I was proposing a tightly drawn amendment which would remove any opportunity to create a loophole of the kind that the Government feared. I was disappointed that the Government did not take the opportunity to accept the amendment or say that they would look at it with the view to introducing an amendment later dealing with the points that I raised. Normally, I would be tempted to test the opinion of the House, but I recognise political reality when I see it. Certainly, since the Government, the Opposition Front Bench and the Liberal Democrat Front Bench did not express their support, I beg leave to withdraw the amendment.
Lord Gardiner of Kimble
“(a) in the case of a museum in England, the Channel Islands or the Isle of Man, it is shown as being accredited in a list published by or on behalf of Arts Council England;(aa) in the case of a museum in Wales, it is shown as being accredited in a list published by or on behalf of the Welsh Government;(ab) in the case of a museum in Scotland, it is shown as being accredited in a list published by or on behalf of the Scottish Ministers;(ac) in the case of a museum in Northern Ireland, it is shown as being accredited in a list published by or on behalf of the Northern Ireland Museums Council;”Member’s explanatory statement
This main effect of this amendment, which is about how museums are to be identified as “qualifying museums” for the purposes of clause 9, is to replace the reference to Museums Galleries Scotland with a reference to the Scottish Administration. It is also intended to clarify the drafting.
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 6, line 1.
Lord Gardiner of Kimble
Member’s explanatory statement
Clause 10(1)(f) currently allows the Secretary of State to use guidance to specify information that the owner of an item must provide when applying for registration of the item. This amendment requires the information to be specified in regulations instead.
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Lord Cormack
Member’s explanatory statement
This amendment is designed to reduce the administrative arrangements which will follow the enactment of this Bill.
Lord Cormack
My Lords, I will not detain the House very long on this amendment, which is similar to an amendment I moved in Committee. I was disappointed in the response that I received. This amendment does not touch at all on any of the exemptions or provisions of the Bill; it merely makes the point that if somebody has a certificate, it should remain valid if the ownership of the item passes by inheritance to a member of the family of the registered owner. That seems to me to be sensible, fair and equitable and I cannot understand why anybody would be opposed to it. I beg to move.
Lord Carrington of Fulham
My Lords, Amendment 39 is a probing new clause, because I think the issue is already covered in the Explanatory Memorandum. The concern is that if an ivory item or collection of ivory items is not registered, it cannot be sold. If it cannot be sold, it has no value. If somebody dies and a valuable collection of ivories is in their estate and they have left their estate to, say, their children, then the ivories will pass to the children, as I understand it, under the provisions of this Bill—indeed, that is made clear in the Explanatory Memorandum.
Lord Gardiner of Kimble
My Lords, my noble friend Lord Cormack’s amendment aims to enable a person who inherits a registered ivory item from a relative also to inherit the title to that registration. Self-registrations for items meeting the de minimis, musical instruments or portrait miniatures exemptions, or for items to be sold to an accredited museum, are in the name of the owner. If a new owner subsequently wishes to deal in that item, or wants to ensure that it is registered as exempt for any other reason, he or she must register it online in their name. A person inheriting a registered ivory item would assume the responsibilities of ownership of that piece, including the decision whether to register it in their name, in line with their specific circumstances. If a person inheriting or taking possession of an ivory item is unsure whether it is registered, this would not affect their rights or responsibilities as the new owner. Because the registration is associated with the individual, it therefore falls to the person inheriting the piece, as the new owner, to register the item if they wish to undertake dealing in it. I repeat: if they wish to undertake dealing in it.
The Government are working closely with interested parties to develop an online self-registration system for ivory items that will be quick and simple to use and meet the needs of all users. I also reassure noble Lords that an offline system will also be made available to cover the points that have been raised in other amendments. Of course—I emphasise this to my noble friend—for items under the rarest and most important items of their type, the exemption certificate remains with the item when it is passed to a subsequent owner. That is the distinction.
I turn to my noble friend Lord Carrington’s amendment concerning ivory items passing through probate. This is an important issue and I can reassure your Lordships that the Bill will not impact on, or cause additional burden to, those involved in such situations. The ivory ban does not affect one’s right to bequeath or inherit any ivory item, regardless of whether it meets an exemption, is registered or is certified. An ivory item may therefore be bequeathed without requiring registration by either the person inheriting the item or the executors of the estate.
The matter of inheritance tax has been clarified in your Lordships House before and I am happy to do so again for the record. Her Majesty’s Revenue and Customs confirms that ivory items will be considered to have nil value on the open market for inheritance tax purposes unless that item has been registered or certified as exempt. Items registered or certified as exempt will be assessed against their market value in the normal way and may therefore be subject to inheritance tax. With this explanation, I hope that my noble friend can withdraw his amendment.
Lord Cormack
Like the noble Baroness, Lady Quin, I too know when I am beat. I do not think it would serve any purpose to press this amendment. I am mildly comforted by what my noble friend said; maybe we can have conversations on this as the Bill comes into force. I beg leave to withdraw my amendment.
Lord Gardiner of Kimble
Member’s explanatory statement
Clause 11(5) currently allows the Secretary of State to issue guidance setting out the form or manner in which anything required by clause 10 or 11 may or must be done. This amendment removes this power.
“Guidance
The Secretary of State may by regulations produce and publish guidance to enable a person dealing in ivory to verify the exempted status of an item.”Member’s explanatory statement
This amendment would enable the Secretary of State to lay verification guidance before both Houses of Parliament.
Baroness Jones of Whitchurch
My Lords, Amendment 40 concerns verification regulations. As we debated in Committee, it is imperative that the exemption processes introduced in this Bill are robust and proportionate. In Committee, we introduced a probing amendment that would allow the Secretary of State to create a verification system to enable buyers to ensure that they were complying with the law. We felt that this was particularly important, given that the definition of “dealing” in Clause 1 specifically includes buying as well as selling ivory. Even the noble Lord, Lord De Mauley, with whom we on these Benches have found little common ground with regard to this Bill, concurred that it was a most sensible suggestion.
In response, the noble Baroness, Lady Vere, agreed that a potential buyer must be able to verify that it is legal to purchase the item before finalising the sale. She outlined how a buyer wishing to check the legality of buying or hiring an item would be able to confirm that it had been registered or certified as exempt and look it up on the online system via the item’s reference number. This would enable them to compare the photos and description on the system with the object they intended to purchase. This was a welcome commitment from the Government. I was disappointed, however, by the noble Baroness’s insistence that we do not need regulations to underpin such a system.
Noble Lords will be aware that the Delegated Powers and Regulatory Reform Committee report raised concerns about the scope of regulation-making powers contained in the Bill, concluding that the delegation of powers was inappropriate in many areas. We agreed with this view and feel strongly that it would be inappropriate for the purpose of establishing a verification system too. The verification process described by the noble Baroness, Lady Vere, must be subject to parliamentary scrutiny and should be set out in regulations. We feel that this is very important, given the legal implications for breaking the prohibition on dealing, as well as issues involving privacy and the protection of personal data. Indeed, it was for this reason that the noble Lord, Lord Gardiner, advised that the Government would be unable to publish photos or descriptions of specific items exempted. We need to be much clearer about the verification processes that would underpin the Bill and the protections that would be afforded to the buyers, particularly when they are making online purchases, when fake sales particulars are all too often a hazard.
Having reflected on the Minister’s earlier response, we also believe that the negative procedure offers an appropriate level of parliamentary scrutiny for the verification of exempt items. Therefore, we hope that noble Lords will support this amendment, which would insert regulations, but to be approved only through the negative procedure. I beg to move.
Lord Gardiner of Kimble
My Lords, this proposed new clause would provide the Secretary of State with a new delegated power to make regulations and publish guidance to enable a potential buyer of an ivory item to check its exemption status prior to purchase. I reassure the noble Baroness that the Government will ensure that compliance, by both sellers and purchasers of ivory items, is fully facilitated. The Secretary of State will issue non-statutory guidance, which will set out the detail of each exemption and the requirements for self-registration or certification of exempted items. The guidance will also contain clear advice, for both buyers and sellers, on compliance, including the process by which a potential buyer will be able to check a registration or certification before purchasing an item. I also make the point that verification is in the Bill. We will provide administrative guidance to assist both the buyer and the seller.
I note that the amendment tabled by the noble Baroness would create an additional delegated power for the Secretary of State, by allowing him to specify how many items should be verified. Furthermore, to lay regulations to specify this would be a duplication of the relevant provisions already in the Bill.
Before I set out for your Lordships precisely how the registration system will work, which is important, and thus the measures in place to enable verification, I also note that the Delegated Powers and Regulatory Reform Committee of this House has considered the Bill in detail and made a number of recommendations to reduce the number of delegated powers, which, as we heard on earlier amendments, the Government have addressed.
Ultimately, it will always be in the seller’s interest to ensure that the exemption certificate or registration document is available at the point of sale. It would be appropriate for an antique dealer or auction house to display the certificate or registration details alongside the item or show it to customers at the point of sale. For online sales, we would similarly anticipate that a seller would show proof that the item has been registered or an exemption certificate issued.
We are currently working on the design and build of a new online system to enable owners of exempt items to register them prior to sale or hire. A potential buyer wishing to check the registration of an item will be able to look up that item on the online system, using the unique registration number provided on the seller’s registration document. The buyer will be able to view the information concerning that item held on the database to satisfy themselves that it indeed relates to the item in question. This will allow buyers the comfort that the seller has complied with the process and to verify the registration document.
For items with an exemption certificate under Clause 2 of the Bill—that is, the rarest and most important items of their type—we would in practice expect the seller to make the exemption certificate available to the potential buyer. Similarly, the potential buyer will also be able to consult the online database using the unique identification number on that exemption certificate.
That is why we do not need a power in the Bill to provide the means for buyers to verify that they can legally buy a certified or registered ivory item: as I have explained, it is our intention that this will be achieved through the functionality of the online registration system. This provides a clear means for the buyer to verify the legitimacy of their intended purchase. Furthermore, the Government will publish non-statutory guidance, which will set out exactly how sellers should provide buyers with the assurance that they are entitled to sell an item and that the transaction will therefore be lawful.
Before the Bill is commenced, we will run an awareness-raising campaign to ensure that relevant stakeholders and members of the public are fully aware of the new legislation and associated guidance. As such, we believe it would be unnecessary to include additional powers in the Bill to enable a potential buyer of an ivory item to check on the exemption status of an ivory item. As I have explained, this is precisely why perfecting the online registration system is so important and why work is under way on that.
I believe that the Government have covered the points that the noble Baroness seeks to address, given the explanation and a bit more detail. As the online system is developed, I am happy to ensure, for any noble Lords interested in these matters, a continuum of assurance that this work is well in hand. On that basis, I say to the noble Baroness that these points are covered. I sincerely hope she feels able to withdraw her amendment, because the Government have covered this point.
Baroness Jones of Whitchurch
My Lords, I am grateful to the Minister for that response but I am disappointed by what he had to say. I had hoped that he would have reflected a little more on the debate we had in Committee on these issues. He acknowledged that the Delegated Powers Committee has already been critical of the amount of delegation included in the Bill. He went on to talk about producing administrative guidance or non-statutory guidance, which is a continuation of that non-specific process. He then said that the Government were working on the design of the registration scheme. I understand that it may not currently be fully functioning, but that is all the more reason we need to see the detail and need regulations that spell it out.
I am sorry that the Minister was not able to meet us further on this. There are big issues around implications for privacy and data protection. There is a legal underpinning: if you break this law, sanctions will be taken against you. It is not a frivolous issue; it is important. It is not simply about buying and selling but about complying with the law and not complying with the law. I am therefore sorry to say that, unless the Minister is able to tell us that he is prepared to come back to this at Third Reading, we would like to test the opinion of the House.
“(2) It is a defence for a person charged with an offence under this section to prove that they did not know or suspect, and could not reasonably be expected to know or suspect, that the item is ivory, is made of ivory or (as the case may be) has ivory in it.”Member’s explanatory statement
This amendment permits a defence of ignorance, with the onus on a person to prove that they did not and could not have been expected to know or suspect that an item contained ivory, to help tackle the problem of deliberately mislabelling ivory items as other substances.
Baroness Jones of Whitchurch
My Lords, Amendment 42, which deals with the defence of ignorance in Clause 12, would remove the provision in the Bill stipulating that an offence has been committed only if the person knew or ought to have known or suspected that an item contained ivory. Under our amendment, it would be a defence if a person proved that they did not know or suspect, or could not have known or suspected, that an item contained ivory. That might sound as though there is not much difference, but there is an important difference in the burden of proof, and that is something that we seek to strengthen.
We considered this issue in Committee but failed to have a meeting of minds on the wording of this clause. At the time, the Minister, the noble Lord, Lord Gardiner, advised that the provision had been included to help tackle the issue of illegal ivory in items being deliberately mislabelled as another substance, and to protect those who fall victim to such ploys who genuinely did not know that an item they were dealing with contained ivory. Of course, we know that mislabelling is common. Numerous studies have found that new elephant ivory offered for sale is often mislabelled as ivory from other species or another material altogether, such as bovine bone. In some instances, this may well have been due to genuine unawareness, although deliberate mislabelling is a well-known tactic used in the illegal ivory trade to evade detection and facilitate illegal sales. In those circumstances, a seller might provide other information to indicate more discreetly to buyers that the item is indeed ivory, such as close-up photographs that depict cross-hatching, a tell-tale sign of ivory, or code words used in the trade to surreptitiously indicate that an item is made of or contains ivory.
We must have a form of wording that differentiates between those who are playing the system and know perfectly well what they are trading and others who have been genuinely duped. If we stick with the original wording, it would too easy to claim that you were unaware of what you were buying and would make enforcement a real challenge for the agencies, which would have to prove that you knew it was ivory.
Our amendment allows for a defence of ignorance but introduces a higher evidential threshold than in the clause as currently drafted. It also brings it in line with the provision in Clause 12(3), which allows for a defence if an individual can demonstrate that they took all reasonable precautions to comply with the law. I am therefore moving this amendment and I hope noble Lords will see the sense of our arguments. I beg to move.
Baroness Vere of Norbiton
My Lords, I thank the noble Baroness, Lady Jones of Whitchurch, for her amendment to Clause 12(2). The purpose of the current subsection (2) is to outline the criteria required to demonstrate that an offence has been committed. Subsection (3) provides a person accused of an offence with the defence that they took reasonable steps to avoid the commission of that offence. The purpose of subsections (2) and (3) together is to provide a balanced and proportionate framework with regard to prosecutions under the Bill, and to tackle the problem of illegal ivory items being deliberately mislabelled, while also providing a defence that allows a person to prove that they took the reasonable steps needed to ensure that the item was not elephant ivory.
Amendment 42 is explained by the noble Baroness, Lady Jones, in the Member’s explanatory statement published alongside the amendment as permitting the “defence of ignorance”. As noble Lords will know, there is no defence of ignorance in UK law. It is not permissible for someone accused of a crime, be it large or small, simply to claim that they did not know that it was illegal to do something. If we were to accept the amendment, we would also be suggesting that an individual would be able to prove a negative—to prove that they did not know something. That would be extremely problematic.
Furthermore, the amendment as drafted does not in fact reflect a “defence of ignorance” as referred to in the Member’s explanatory statement to the amendment. To explain a little, the amendment would remove the criteria in Clause 12(2), which outlines the requirements that must be satisfied for an offence to occur. Subsection (2) provides legal certainty on what constitutes an offence. It states that an offence is committed in relation to an item only, first, if a person knows or suspects or, secondly, if the person should have known or suspected that the item involved in the commission of an offence is elephant ivory or has elephant ivory in it. Subsection (3) essentially achieves the desired effect of the noble Baroness’s amendment. It states:
“It is a defence for a person … to prove that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence”.
In fact, subsection (3) goes further than the amendment, as it explicitly states what a person must prove to rely on that defence. Furthermore, in this case the individual will be seeking to prove a positive action. It is a far easier prospect to prove that due diligence has been undertaken than to prove a negative—that they simply did not know.
Let us have a quick look at how the Bill would operate if the noble Baroness’s amendment were accepted. Mrs Smith goes to a car-boot sale and sees a lovely box, which is very similar to her grandmother’s. She is not a very well-off lady, she owns absolutely no antiques and she pushes the boat out on that day and pays a tenner for this box as a treat. The box has a tiny, almost imperceptible, amount of ivory in it. Is Mrs Smith a criminal? It is not our intention that she should be. Removing subsection (2) makes the law far less clear because in that subsection is the outline of the requirements that must be met for an offence to occur. In the current draft of subsection (2), the elements of an offence are clear. To remove the subsection, as suggested in the amendment, would upset the firm legal foundation of the Bill. Removing the criteria for the offence in subsection (2) would cause significant uncertainty and risks overwhelming the enforcement system with Mrs Smiths, while the real criminals are left free to continue to break the law by dealing in ivory on much larger scale.
The Bill seeks to be balanced and proportionate. Removing subsection (2) would achieve neither aim. The police, enforcement bodies and the courts can use their professional discretion when considering the approach to use, based on a number of factors—for example, whether that person knew about ivory trading, whether it is a repeat offence or whether there is any evidence of deliberate mislabelling. Discretion is very welcome, but it must be based on a firm foundation of effective law. The amendment of the noble Baroness runs the risk of criminalising those who are not criminals at all.
Clause 12(2) and (3) are very carefully phrased. They protect individuals where there is absolutely no intent to breach the ban, and where the person could not be reasonably expected to know that the item was ivory or even contained ivory. It is not our intention to criminalise these people; that would be disproportionate and counterproductive. I have listened very carefully to the arguments put forward by the noble Baroness, Lady Jones. It is the Government’s intention in subsections (2) and (3) to be clear and proportionate, and I believe that is the case. Given this explanation, I hope that the noble Baroness will feel able to withdraw her amendment.
Baroness Jones of Whitchurch
My Lords, the Minister and I agree that it was never our intention to criminalise Mrs Smith at the car-boot sale, and that is part of the argument that I had intended to set out. We were trying to criminalise those people who were playing the game and deliberately trying to mislead people. I am pleased that the Minister said that there was no defence of ignorance in UK law. Our worry was that that was exactly how her wording came across, because the original amendment says that an offence is being committed only if the person knew or ought to have known or suspected than the item contained ivory; that implied a defence of ignorance.
However, I hear what the Minister says: we have to look at subsections (2) and (3) together, and, perhaps because of the late hour, I will not choose to pursue it on this occasion. I therefore beg leave to withdraw the amendment.
Ivory Bill
Wednesday 24th October 2018
(5 years, 5 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I should say at the outset that the Government and I are sincerely grateful to the Constitution Committee for the clear recommendations outlined in its report, which we have considered thoroughly and addressed through the Government’s amendments to the Bill. I also express my gratitude to the noble and learned Lord, Lord Judge, and my noble friend Lord Cormack for raising this matter in Committee. At that stage, I promised that I would consider it fully and return to it on Report. Since then I have met the noble and learned Lord with officials on a number of occasions with a view to bringing forward the amendments tabled today. He asked me to say how much he regrets that he had to leave to fulfil a long-standing commitment outside the Parliamentary Estate. I am also permitted to say that he was prepared to put his name to the Government’s amendments to Clauses 17 to 19, and his name would have been on the Marshalled List had it not been for some timing on the day on which he sought to do so. Through those discussions, the Government have tabled a series of amendments that both address the concerns previously raised by the noble and learned Lord and my noble friend, and ensure that the ivory ban continues to be underpinned by robust and proportionate enforcement.
I must first clarify that, when I refer to accredited civilian officers, I am referring to officers of the regulator, which will be the Office for Product Safety and Standards. OPSS is part of the Department for Business, Energy and Industrial Strategy. In Committee, I also acknowledged the Constitution Committee’s recommendation that the Government could more clearly define the enforcement role of accredited civilian officers. We have taken on board these recommendations by removing Clause 17 from the Bill, and proposing two new clauses, which will be inserted after Clause 22. Together, these ensure that the powers conferred on accredited civilian officers are set out separately from those conferred on police and customs officers. This ensures that the role of accredited civilian officers as regulators of compliance is now much clearer in the Bill.
The noble and learned Lord, Lord Judge, previously raised concerns about the extent of the powers conferred on accredited civilian officers to enter and search a premises. The Government have tabled a number of amendments that significantly restrict the powers of accredited civilian officers and I would like to explain these restrictions further. These amendments mean that accredited civilian officers no longer have a specific power to enter premises for the purpose of raising awareness of the provisions of the Bill. This amendment further clarifies OPSS’s core responsibility of assessing compliance with the sales ban.
The first of the proposed new clauses, “Accredited civilian officers: powers of entry”, clearly outlines when an accredited officer may enter a premises. “Premises” is defined in the Bill as any place, including,
“(a) a vehicle, vessel or aircraft;
(b) a tent or moveable structure”.
Subject to giving reasonable notice, accredited civilian officers may enter a premises if they reasonably believe it might be used in connection with the dealing of ivory, such as the back office of an antiques shop—that is, an area that is not publicly accessible—for only one of two reasons. The first is for the purpose of assessing compliance; the second is if there are reasonable grounds to suspect there is evidence relevant to an offence on that premises.
Lord Cormack (Con)
My Lords, I thank my noble friend for adding his name to some of the amendments that I tabled and for listening clearly and sympathetically to what was said in Committee. I had the privilege of a brief conversation with the noble and learned Lord, Lord Judge, yesterday and he told me that he was pretty well satisfied and very sorry that, because of the engagement to which my noble friend referred, he could not be with us this evening. I said that I would mention our conversation and his satisfaction was certainly influential as far as I am concerned.
I have not got the whole loaf that I asked for in Committee, and my noble friend will recognise that, but he has gone a long way to easing our concerns. I shy away from the idea of civilian accredited officers but I accept the logic of what my noble friend said a few moments ago and I am content. I only wish that he could have been as conciliatory and obliging on some of the other amendments that I moved on the Bill, but I realise that his room for manoeuvre was somewhat limited. I thank him very much and give my full support.
Lord Wallace of Tankerness (LD)
My Lords, as a member of the Constitution Committee I subscribed to the amendments which were moved by the noble and learned Lord, Lord Judge, in Committee and I was delighted to be able support the concerns that he articulated so well about these provisions, which the Government have addressed very fairly. They have gone a considerable way to meeting the concerns that were expressed in the Constitution Committee’s report.
I know from conversations that I have had with the noble and learned Lord, Lord Judge, that he has been very appreciative of the time and consideration that the Minister has given to these issues. We have here a set of amendments which very much address these concerns, in terms of the restriction of the powers of accredited civilian officers, the role of OPSS and the designation that will be forthcoming under the 2006 legislation. It is a very good model of how this House works where a Committee produces a report and the Government listen and engage and come forward with some substantive changes which acknowledge the concerns that were originally raised. I am happy to support the amendments.
Lord Grantchester (Lab)
My Lords, I rise briefly in appreciation of these amendments, which are designed to address concerns about civilian use of policing powers. I, too, thank the noble and learned Lord, Lord Judge, for his interventions in Committee. I am grateful to the Minister for his willingness to carefully consider these issues and bring forward these amendments tonight. I also place on record our gratitude to your Lordships’ Constitution Committee for its scrutiny of the Bill and the recommendations that prompted the Government to rethink its approach to civilian enforcement bodies. These amendments deal with the concerns over policing functions, including the power of entry, search and seizure being exercised by civilian officials, and bring a more reassuring approach to their enforcement.
Lord Gardiner of Kimble
My Lords, I thank my noble friend Lord Cormack, the noble and learned Lord, Lord Wallace of Tankerness, and the noble Lord, Lord Grantchester, for their support for these government amendments. I agree with the noble and learned Lord, Lord Wallace of Tankerness, that the function of this House is to consider these matters very carefully. We in government were very seized of the points that were made. I absolutely assure your Lordships that we have no intention of overstretching what I think is a better definition of what was the accredited civilian officer responsibilities. We have got there, and I am most grateful. I place on record again not only the Constitution Committee’s work on this but that of the noble and learned Lord, Lord Judge, who I am sorry cannot be here tonight, because his contribution to getting us over the line and working together was another very strong example of how we get better legislation.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment leaves out clause 17, under which accredited civilian officers have power to enter and search premises. Instead, the new clauses inserted by the Minister’s amendments after clause 22 give accredited civilian officers a more limited power of entry, and a power to examine documents and other items, but not a power to conduct a search.
Lord Cormack
Member’s explanatory statement
This amendment and the others which are similarly worded would prevent the appointment by the Minister of accredited civilian officers with powers of entry and seizure.
Lord Gardiner of Kimble
Member’s explanatory statement
Clause 18(2)(a) currently allows an accredited civilian officer to apply for a search warrant in England and Wales or Northern Ireland. The effect of this amendment is that this will no longer be possible.
Member’s explanatory statement
Clause 18(2)(b) currently allows an accredited civilian officer to apply for a search warrant in Scotland. The effect of this amendment is that this will no longer be possible.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendments at page 11, lines 21 and 23.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendments at page 11, lines 21 and 23.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 11, line 17.
“(7) In this Act “premises” includes any place and, in particular, includes—(a) a vehicle, vessel or aircraft;(b) a tent or moveable structure.”Member’s explanatory statement
This amendment takes the definition of “premises” from clause 17 (which is left out by one of the Minister’s other amendments) and adds it to clause 18.
Lord Cormack
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 24 at page 11, line 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 24 at page 11, line 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 24 at page 11, line 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 24 at page 11, line 17.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
“( ) The officer may carry out any examination or measurement of anything on the premises that the officer thinks is or may be relevant evidence.”Member’s explanatory statement
The effect of this amendment is to remove the power of a police or customs officer to test an item that the officer thinks is or may be relevant evidence, and also the power to take a sample of the item (possibly in a way that might damage it).
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17.
Lord Gardiner of Kimble
“Accredited civilian officers: powers of entry
(1) An accredited civilian officer may on giving reasonable notice—(a) enter premises that the accredited civilian officer reasonably thinks may be used in connection with dealing in ivory (including any item that is made of ivory or has ivory in it) for the purpose of assessing compliance with the provisions of this Act, or(b) enter premises on which the officer has reasonable grounds to suspect that there is relevant evidence.(2) In this Act “accredited civilian officer” means an officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this Act.(3) A notice under this section must—(a) be in writing,(b) be given to the occupier of the premises,(c) set out the purpose of the proposed entry, and(d) explain the effect of section 27 (offences of obstruction).(4) The requirement in subsection (3)(b) may be complied with by delivering or leaving the notice at the premises or sending it there by post.(5) This section—(a) does not authorise the entry into premises used wholly or mainly as a dwelling;(b) authorises entry only at a reasonable time.”Member’s explanatory statement
The new clause inserted by this amendment confers powers of entry on accredited civilian officers. These powers are more limited than those currently given to accredited civilian officers under clause 17, as the new clause does not confer a power of entry for the purpose of promoting awareness and understanding of the provisions of the Bill once enacted.
“Other powers of accredited civilian officers
(1) This section applies where—(a) an accredited civilian officer enters premises under section (Accredited civilian officers: powers of entry), or (b) an accredited civilian officer who is lawfully on premises has reasonable grounds to suspect that there is relevant evidence on those premises.(2) The officer may carry out any examination or measurement of anything on the premises that the officer thinks is or may be relevant evidence.(3) The officer may require any person on the premises to produce any document or record in the person’s possession or control that the officer thinks is or is likely to be relevant to—(a) the question whether a relevant offence has been committed, or(b) the investigation of a relevant offence.(4) The officer may—(a) seize and detain or remove any item found on the premises;(b) take copies of or extracts from any document or record found on the premises.(5) An officer to whom a document or record has been produced in response to a requirement under subsection (3) may—(a) seize and detain or remove the document or record;(b) take copies of or extracts from the document or record.(6) The powers under subsections (4) and (5) may be exercised only—(a) for the purposes of determining whether a relevant offence has been committed, or(b) in relation to an item that the officer concerned reasonably believes to be relevant evidence.(7) The officer may require any person on the premises to provide any help or facilities, with respect to matters under the persons’s control, that the officer considers would facilitate the exercise of a power conferred on the officer by this section.(8) This section—(a) does not confer power to search a person;(b) does not confer power to seize an item that is an excluded item (see section 23).(9) Subsections (3) and (4) of section 21 apply for the purposes of this section as they apply for the purposes of that one.”Member’s explanatory statement
The new clause inserted by this amendment contains most of the powers of accredited civilian officers that are currently contained in clauses 20, 21 and 22, but not the power to break open containers.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the second of the new clauses inserted by the Minister’s amendments after clause 22.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the second of the new clauses inserted by the Minister’s amendments after clause 22.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the second of the new clauses inserted by the Minister’s amendments after clause 22.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17 and the first of the new clauses inserted by the Minister’s amendments after clause 22.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 19 at page 12, line 22.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the second of the new clauses inserted by the Minister’s amendments after clause 22.
Baroness Vere of Norbiton
“Contracts of insurance etc
(1) A transaction under which a person acquires an item in pursuance of an existing contract of insurance is not a purchase or sale of the item for the purposes of this Act.(2) A transaction under which an item—(a) is acquired by a regulated insurer acting in the course of the insurer’s business as such, or(b) is acquired, in pursuance of a regulated insurance contract, by a person who is or was an insured person in relation to the item under that contract,is not a purchase or sale of the item for the purposes of this Act.(3) In this section—“existing contract of insurance” means a contract of insurance entered into before the day on which section 1 comes into force;“insurance” includes reinsurance;“regulated insurance contract” means a contract of insurance effected or carried out by a regulated insurer;“regulated insurer” means a person who has permission to effect or carry out contracts of insurance under Part 4A of the Financial Services and Markets Act 2000.”Member’s explanatory statement
Under this amendment the prohibition in clause 1 would not apply to a transaction under a pre-commencement insurance contract; or in a case where (for example) a regulated insurer acquires title to an item from an insured person who has been paid out following a theft, or re-sells the item to the insured person if it is later recovered.
Baroness Vere of Norbiton (Con)
My Lords, this new clause tabled in the name of my noble friend the Minister and to which the noble Earl, Lord Kinnoull, has added his name means that existing insurance arrangements concerning ivory items are, for the most part, not affected by the Bill. It also ensures that owners will be able to continue to insure ivory items by exempting regulated insurance activities from the prohibition in Clause 1. Noble Lords will recall that this matter was raised by the noble Earl, Lord Kinnoull, in Committee and I am extremely grateful to him for bringing this matter to the attention of your Lordships’ House and for his ongoing assistance in this matter. I am sorry only that he has had to travel this evening and will therefore not be able to contribute to this debate.
The proposed new clause contains measures that will provide comfort to owners of items containing ivory and to insurers. It ensures that any insurance policy for, or covering, an item containing ivory that is extant at the time of commencement of this Bill is not affected by the Bill.
Secondly, the proposed new clause also exempts from the prohibition at Clause 1 a transfer of ownership from an insured person to an insurance company where the activity is regulated under the Financial Services and Markets Act 2000, as the result of the insurer paying out on a claim made against that item. Further, if that item is subsequently recovered and the original owner chooses to exercise their right to buy it back from the insurer in exchange for return of the consideration paid out, this will also be exempted from the definition of dealing in Clause 1.
However, should the original owner choose not to exercise this right, the insurance company will not be permitted to sell the item on to a third party for its pecuniary salvage value unless that item meets one of the categories of exemption and is registered or certified as such. The proposed new clause also covers transactions between insurers and reinsurers, for example when there is a takeover of an insurance business or when policies are transferred between insurers and reinsurers.
While the objective of the Bill is to prohibit the trade in items containing ivory, there is no desire to have an undue impact on the insurance industry or on consumers who own such items and wish to insure them. There will also be a desire for museums to be able to insure items containing ivory alongside other important pieces within their collections. This proposed new clause allows them to do so.
This proposed new clause will not in any way undermine the main objective of the Bill: to prevent trade in items containing ivory. It does, however, ensure a functioning insurance market for those owners of items containing ivory who wish to access it. I beg to move.
Lord Grantchester
I rise merely to thank the Minister for clarifying these issues around insurance, which will be helpful to many people. The noble Baroness has our support.
Lord Gardiner of Kimble
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 21, line 4, read with the Minister’s amendment of clause 37 at page 22, line 24.
“( ) Regulations made by the Scottish Ministers under subsection (2) are subject to the affirmative procedure.( ) A statutory instrument containing regulations made by the Welsh Ministers under subsection (2) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before the National Assembly for Wales and approved by a resolution of the Assembly. ( ) Regulations made by the Northern Ireland department under subsection (2) may not be made unless a draft of the instrument has been laid before the Northern Ireland Assembly and approved by a resolution of the Assembly.”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 21, line 4, read with the Minister’s amendment of clause 37 at page 22, line 24. (For the meaning of “subject to the affirmative procedure” see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010; for the meaning of “the Northern Ireland department” see the Minister’s amendment of clause 36 at page 21, line 36.)
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment leaving out clause 17 and the first of the new clauses inserted by the Minister’s amendments after clause 22.
““the appropriate national authority” has the meaning given by section 37(1A) and (1B);”Member’s explanatory statement
This amendment inserts a signpost to the definition of “the appropriate national authority” inserted in clause 37 by the Minister’s amendment at page 22, line 24.
““the Northern Ireland department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;”Member’s explanatory statement
This amendment defines “the Northern Ireland department” for the purposes of the Minister’s amendments of clauses 35 and 37 and Schedule 1 that use the expression.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 18 at page 12, line 9.
Lord Gardiner of Kimble
“(1A) In this Act “the appropriate national authority” means—(a) the Secretary of State, for regulations that do not apply in relation to Wales, Scotland or Northern Ireland;(b) the Welsh Ministers, for regulations that apply only in relation to Wales; (c) the Scottish Ministers, for regulations that apply only in relation to Scotland; (d) the Northern Ireland department, for regulations that apply only in relation to Northern Ireland.(1B) But in the case of regulations that apply in relation to England and any other part of the United Kingdom, or in relation to any other part of the United Kingdom and not England, the appropriate authority is the Secretary of State if each necessary consent is given.The “necessary consent” is—(a) the consent of the Welsh Ministers if the regulations apply in relation to Wales;(b) the consent of the Scottish Ministers if the regulations apply in relation to Scotland;(c) the consent of the Northern Ireland department if the regulations apply in relation to Northern Ireland.(1C) The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the Northern Ireland department before making regulations prescribing a fee under section 3(1)(h), 4(7)(b), 5(4) or 10(1)(g).”Member’s explanatory statement
The inserted subsections (1A) and (1B), read with the amendments substituting references to “the appropriate national authority”, require most regulations under the Bill applying outside England to be made either by the relevant devolved authorities or with their consent. Under the inserted subsection (1C) the Secretary of State must consult those authorities before setting fees by regulations.
“( ) A power to make regulations under this Act—(a) is exercisable by statutory instrument, in the case of regulations made by the Secretary of State or the Welsh Ministers;(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)), in the case of regulations made by the Northern Ireland department.”Member’s explanatory statement
This amendment is consequential on the amendments replacing references to the Secretary of State with references to the appropriate national authority. (The amendment does not mention regulations made by the Scottish Ministers because the relevant provision is made by section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.)
Member’s explanatory statement
This amendment is consequential on the amendments replacing references to the Secretary of State with references to the appropriate national authority.
“( ) A statutory instrument containing regulations made by the Welsh Ministers under this Act, other than regulations under section 35(2), is subject to annulment in pursuance of a resolution of the National Assembly for Wales.( ) Regulations made by the Scottish Ministers under this Act, other than regulations under section 35(2), are subject to the negative procedure.( ) Regulations made by the Northern Ireland department under this Act, other than regulations under section 35(2), are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.” Member’s explanatory statement
This amendment is consequential on the amendments replacing references to the Secretary of State with references to the appropriate national authority.(For the meaning of “subject to the negative procedure” see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.)
Member’s explanatory statement
This amendment is consequential on the Minister’s amendments to clause 2 at page 2, line 18 (first amendment); to clause 3 at page 2, line 39; to clause 4 at page 4, lines 21 and 28; to clause 10 at page 6, line 37; and to clause 11 at page 7, line 32.
Lord Gardiner of Kimble
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 29, line 6.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 29, line 6.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 29, line 6.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 29, line 6.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 29, line 6.
(a) the Welsh Ministers, the Scottish Ministers and the Northern Ireland department, and(b) any other persons”Member’s explanatory statement
This amendment requires the Secretary of State to consult the Welsh Ministers, the Scottish Ministers and the Northern Ireland department before publishing guidance (or revised guidance) under paragraph 21 of Schedule 1.
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 18 at page 11, line 17.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 18 at page 11, line 17.
Lord Cormack
Lord Gardiner of Kimble
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment of clause 18 at page 11, line 17.
Lord Cormack
“Whereas in 1989 the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) agreed to ban the international trade in African elephant ivory; and the resolution adopted at the 2016 Conference of Parties to CITES agreed to phase out domestic ivory markets which contributed to poaching or illegal trade in ivory:
And whereas it is expedient to give effect in the United Kingdom to the restrictions on domestic trade:”
Member’s explanatory statement
This amendment would insert a Preamble linking the Bill to the resolution adopted unanimously by governments at the 2016 Conference of Parties to the UN Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which called on all governments to close domestic ivory markets which contribute to poaching or illegal trade in ivory.
Baroness Jones of Whitchurch (Lab)
My Lords, I am moving Amendment 104, which deals with the Government’s obligations in the international CITES resolution. We debated this issue in Committee and it remains a concern to a number of the wildlife and elephant charities. This amendment would insert a preamble linking the Bill to the resolution adopted unanimously by Governments at the 2016 conference of parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora—CITES. This calls on all Governments to close domestic ivory markets, which contribute to the poaching of and illegal trade in ivory.
As we explained in Committee, the government amendments introduced on Report in another place, while welcome, had the accidental consequence of removing the explicit link between the Bill and CITES. There is now nothing in the Bill to make it clear that this legislation was drafted partly in response to the resolution adopted unanimously by Governments at the 2016 conference of parties to CITES.
We raised this concern in Committee, where the Minister, the noble Lord, Lord Gardiner, reaffirmed the importance and relevance of CITES. However, he argued that an explicit link in the preamble was unnecessary, given that the aforementioned government amendment made it possible to go further than CITES and broaden the scope of the Bill to all ivory species.
While we welcome this provision, we nevertheless believe that such a preamble would strengthen the Act against possible judicial and European Court of Human Rights challenges by confirming that the legislation enables the UK to comply with international obligations to control domestic ivory markets under a UN-backed treaty. Moreover, as the Minister himself noted:
“No other provision in the Bill could be limited by a reference to CITES”.—[Official Report, 12/9/18; col. 2353.]
We therefore do not accept that the reference to CITES is as limiting as the Minister would have us believe. Indeed, there are precedents for this, notably in the original legislation to implement CITES in the UK under the Endangered Species (Import and Export) Act 1976. This Act also covered thousands of non-CITES species.
We believe that this amendment, contrary to what the Minister has argued, would have the effect of strengthening rather than weakening the Bill. I beg to move this amendment and hope that noble Lords will support it.
Lord Gardiner of Kimble
My Lords, the noble Baroness’s amendment would insert a preamble to the Bill to reference the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES, and the important resolution agreed at the CITES COP 17 regarding closing elephant ivory markets.
In Committee, I assured the noble Baroness that the removal of a link to CITES in the Bill was not an unintended consequence. It was as a direct result of the amendment made in the other place to enable the Secretary of State to broaden the scope of the Bill in the future to all ivory-bearing species, rather than only those listed under CITES. We are confident that there is no need for a reference to CITES in the Bill, and we do not believe that it would provide additional protection to the Bill, for example against legal challenge.
In Committee, I reassured your Lordships that, as a very active party to CITES, the UK will continue to be bound by and committed to its obligations under this important convention. The UK ivory ban is consistent with our obligations under both CITES and the EU wildlife trade regulations, and therefore neither need to be cited in the Bill. It is also the case that the ban goes much further than both CITES and the EU wildlife trade regulations in restricting the commercial dealing in ivory.
For example, amending Clause 35 to remove reference to CITES species and include reference to all ivory-bearing species means that all ivory-bearing species—not only CITES species—can be added to the scope of the Bill in the future if the outcome of an information-gathering exercise, such as a consultation, supports this. Therefore, the UK has gone further than outlined in the CITES resolution on elephant ivory. While I appreciate the noble Baroness’s intention to provide protection to the Bill, again I must say that we do not believe the preamble is required.
I want to make one other practical point following advice I have received. The noble Baroness referred to a preamble from much earlier legislation. It is now the case that primary legislation uses the long title to specify a Bill’s objectives, instead of a preamble.
I well understand all the connections with CITES and the EU trade regulations, but this Bill goes further. Therefore, we cannot support the noble Baroness’s amendment, for the reasons I have outlined, and I ask her to withdraw it.
Baroness Jones of Whitchurch
My Lords, I am grateful to the Minister for his response. We accept that the Bill has gone further than the original CITES treaty. Our objective in putting the CITES reference in the preamble was to firm up the Government’s justification, if you like, for having the Bill in the first place. We have been debating this for several days now and we are still trying to justify why we have to do it, and this is part of the continuing justification.
Given that there is still some unhappiness out there—if not indeed in your Lordships’ Chamber—our intention with what has been proposed in the Ivory Bill was to give it some legal extra bottom, if you like, in terms of why we are doing it by referring to a UN-backed treaty. Nevertheless, I accept that the Minister is saying that this was not an unintended consequence but was in fact deliberate. Time will tell whether it would have helped to have our reference in the preamble, because only in time will we know whether there are legal challenges to this.
However, given the lateness of the hour, we do not intend to move to a vote. I therefore beg leave to withdraw the amendment.
Ivory Bill
Tuesday 13th November 2018
(5 years, 5 months ago)
Lords ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
Lord Taylor of Holbeach (Con)
My Lords, I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Ivory Bill, has consented to place her interests, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I express my gratitude to all noble Lords for their interest in the Bill and their contributions. Whatever else, we are all united in our desire to protect such a magnificent animal in the wild.
I bring it to your Lordships’ attention that I have placed in the Library of the House, with their permission, copies of letters received from my noble friends Lord De Mauley and Lord Carrington regarding Clause 7, “Pre-1947 items with low ivory content”, and my response to them. Specifically, these letters concern the definition of “integral” and the means of assessing the 10% de minimis threshold. In particular, the letters confirm that the ivory content of an item for the purpose of the de minimis exemption is to be determined as a percentage of the total volume of material in the item.
I am grateful for the positive engagement and support of the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Grantchester, on the Opposition Benches, and the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Clement-Jones. I also express my gratitude to the Constitution Committee, the noble and learned Lord, Lord Judge, and the Delegated Powers and Regulatory Reform Committee. The Government responded positively to the recommendations made by these committees and I agree with the comment made by the noble and learned Lord, Lord Wallace of Tankerness, on Report that this was,
“a very good model of how this House works”.—[Official Report, 24/10/18; col. 948.]
I am also grateful to the noble Earl, Lord Kinnoull, for raising insurance transactions and for the subsequent discussions that led to the resolution of this matter on Report. I also place on record my gratitude for the contributions that my noble friend Lord Hague made during the passage of the Bill, and for the experience he brought of what is really happening in the worldwide threat to the elephant.
I take this opportunity to thank each of the devolved Administrations for their productive engagement and the support they have shown for the Bill. Finally, I thank my noble friend Lady Vere and the hard-working Bill team, my private office and the clerks for their work and support.
Baroness Jones of Whitchurch (Lab)
My Lords, the Bill represents a significant step towards ending the illegal elephant-poaching crisis. It will enshrine in UK law the commitment made at the 2016 CITES convention to close down the domestic ivory markets that fuel illegal poaching. We believe that the exemptions permitted, carefully crafted in consultation with stakeholders, strike the balance between being robust and pragmatic. I welcome the Minister’s clarification that we can help by taking the value out of the market.
The Minister raised the question of items containing voids and the de minimis issue. While we agree very much with the advice that he has now given, there may be occasional cases where assessing the ivory content of an item is not straightforward. We believe that such items ought to be rare and can be picked up in the guidance that will follow.
Lord Cormack (Con)
My Lords, the noble Baroness, Lady Jones, referred to guidance. I do not want to rehearse again the arguments that we have been through in Committee, on Report and, indeed, at Second Reading, but she will recognise that while there is a unanimous support for the Government’s central aim of dealing with ivory poaching, those who poach and those who deal in illicitly obtained ivory, nevertheless there remain real concerns among those who have legitimately acquired ivory objects in the past and now find that their possessions may well be worthless in the market. There are also many musicians, particularly those who have been in touch with me recently, who are very concerned about the bows of stringed instruments. A lot depends on the sensitivity with which regulations are drafted and guidance is given. I hope that my noble friend, a sensitive as well as sensible man, will take a particularly close interest in the drafting of regulations and the giving of guidance. What we do not want, and what there is a real danger of, is an overwhelming bureaucracy that makes innocent people feel guilty and makes musicians who travel the world feel apprehensive.
As I say, this is not the time to develop these arguments in detail, but it is the appropriate moment to mention them for the last time, and I urge my noble friend to respond with the sensitivity of which I know he is capable so that those who have legitimate concerns about the Bill and its implications can, to some degree, have their minds put at rest, just as those who were concerned, as I was, and as the noble and learned Lord, Lord Judge, was about the civilian officers. My noble friend met us on that point by signing some of the amendments that I had tabled and by endorsing the general line of the noble and learned Lord, Lord Judge. Could that please be a precedent for the way in which he now issues his guidance and drafts his regulations?
Lord Berkeley (Lab)
My Lords, I support the Bill very much, but will the Chief Whip say why it was necessary to get the consent of the Queen? Is it because she is worried about the value of the ivory that she might own if it were sold, or is she worried about elephants? They are both good causes, but it seems a bit odd. We should be pleased to have her consent, but does the Duchy of Cornwall own ivory? Why did we not seek the consent of the Duchy as well?
The Earl of Sandwich (CB)
My Lords, I join in the congratulations to the Government, who have worked for several years on this really important Bill. I beg for one minute at the end of this Third Reading. I said in Committee that I wanted to see some form of impact assessment or annual review of the effectiveness of the Bill. I recognise how hard that would be to achieve because, as the Minister pointed out, statistics on control are already kept by many different organisations.
I was hoping to encourage DfID and its partner organisations, mainly in Africa, to redouble their efforts in halting the devastating attacks on elephants. DfID is a major partner in this government initiative because, unlike the FCO and Defra, it has the mandate and resources to help control the ivory trade at its roots in the countries concerned. We have heard almost nothing of the trade at its source and the predominant methods of poaching. So I am a little disappointed, but I hope the Minister can reassure me that he will encourage colleagues to report back in a year’s time, not only on the effects of the Bill but on the valuable work that DfID will have done in the interim.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I apologise to the House for not being here to hear the Minister’s remarks; I was running across the road.
Baroness Bakewell of Hardington Mandeville
May I speak? Thank you, my Lords. I will be brief. The UK has shown that it can lead the way in protecting the elephant. We have adhered to CITES and have moved forward tremendously in banning the trade in ivory objects in our country. Prior to the Bill, a large percentage of new ivory was being laundered through our country, masquerading as being of pre-1945 and pre-1918 vintage. There is still some way to go before the Bill can be implemented but there is now a clear timetable for how that will progress. I look forward, once the Bill is enacted, to a consultation on the other animals with the misfortune to have expensive trophies as part of their anatomy: the narwhal, the hippo and the rhinoceros, as the noble Baroness, Lady Jones, said. It is important that in banning elephant ivory we have not substituted another animal for the poachers to target.
I thank the Minister for his briefings and his patience and the Bill team for their very helpful information that was provided at all stages of the Bill. I also thank the noble Baroness, Lady Jones of Whitchurch, for the leading part that she has played during the passage of the Ivory Bill. The plight of the elephant is of great importance to all those who sit in your Lordships’ House. Often our debates fall into party-political camps but that has not been the case with the Ivory Bill; the House has been united across all Benches to ensure the passage of this legislation. I am extremely proud of having played a small part in that process. I look forward to a similar meeting of minds on some of our future legislation, but I am slightly more pessimistic about that in the near future.
Lord Gardiner of Kimble
My Lords, I have listened to all the remarks that have been made. It has been an honour for us all to have been a part of this legislation. I will reflect on all that has been said. This is an international effort. I beg to move that the Bill do now pass.
Ivory Bill
Tuesday 11th December 2018
(5 years, 4 months ago)
Commons ChamberRead Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
I beg to move, That this House agrees with Lords amendment 1.
Mr Speaker
With this it will be convenient to consider Lords amendments 2 to 78.
Dr Coffey
It is my great pleasure to be able to open Commons consideration of Lords amendments to the Ivory Bill.
I thank the House for its kindness while I recovered from my illness, and particularly the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), who has successfully taken the legislation through to this stage. The Bill is already having an impact internationally, with action on ivory sales now being consulted on or committed to in Cambodia, Laos and Singapore, while the Australian Parliament’s federal inquiry into ivory urged the Australian Government to follow the UK’s approach, which it described as
“a model of best practice.”
The Government made a number of amendments to the Bill during its passage through the other place, in response to the Committees of that House and individual peers. Following careful consideration of the reports of the Delegated Powers and Regulatory Reform Committee and the Constitution Committee, the Government tabled a number of amendments to address the concerns raised. The Government also tabled amendments on conclusion of its consultation with the devolved Administrations, to recognise the devolved aspects of the Bill, and in response to concerns raised in the other place over matters of insurance. In setting out the reasoning behind the Lords amendments today, I will focus my remarks on the effect of the amendments. I should point out that many minor and consequential amendments are a direct consequence of the substantive amendments.
The first amendments I will turn to in this group concern powers to make regulations. Amendments 1, 5, 7, 8, 18, 20 and 66 reflect recommendations made by the Delegated Powers and Regulatory Reform Committee. One of the recommendations was that negative resolution regulations should be used instead of guidance to set out certain matters. Amendments 1, 5, 8 and 18 have been made to replace references to guidance with regulations. Amendment 1 refers to the Secretary of State’s power to specify any other matters, in addition to rarity and importance, that experts should take into account when assessing an item for exemption under clause 2. Such other matters will now be specified in regulations, rather than guidance. Amendments 5, 8 and 18 will require that regulations rather than guidance are used to specify any additional information, beyond that already listed in the Bill, that an applicant must provide when applying for an exemption certificate under clause 2 or registration under clause 10 respectively.
Amendments 7 and 20 remove two powers to issue guidance. Those pieces of guidance would have set out how applications for exemption certificates and registrations must be made, for example requiring that applications be made electronically or online. The Government have decided to allow maximum flexibility with regard to how applications may be made, and therefore consider that these powers are no longer necessary. While we expect the majority of registrations to be made online, there will be the facility for owners to request forms by telephone or post. I would like to reassure the House that, while important details will be set out in regulations, the Government will also produce detailed information for users to explain the new system.
A second recommendation made by the Delegated Powers and Regulatory Reform Committee was that the Government should include in the Bill more details about the appeals process. This appeals process is for appeals against the refusal or revocation of an exemption certificate applied for under clause 2. Amendments 10, 11, 13 and 14 provide these further details. The amendments name the first-tier tribunal as the appeal body and set out the main grounds for making an appeal, and the powers of the tribunal.
I turn to the amendments to the powers conferred on officers of the regulator. The Bill refers to these officers as “accredited civilian officers”, and I will do the same. Amendments 21 to 53, 58, 61 and 74 to 78 were made in response to concerns raised by the Constitution Committee, and by other peers, which was concerned about the powers of accredited civilian officers. The Government considered these concerns carefully and have put forward amendments 46 and 47 in response.
Those amendments create after clause 22 new clauses that confer powers of entry and other powers on accredited civilian officers. All other references to powers conferred on accredited civilian officers are to be removed from the Bill, ensuring that their role as assessors of compliance is clearly defined and separate from that of police and customs officers. That is a careful balance, as without accredited civilian officers the duty of assessing compliance would fall solely to the police.
As a result of the amendments, an accredited civilian officer would no longer have the power to enter a premises using a warrant. This will be available only to police and customs officers. An accredited civilian officer would, however, be able to enter a non-dwelling premises that they reasonably believe to be connected to ivory dealing, such as a shop or a warehouse, for the purpose of assessing compliance or if they reasonably believe that there is relevant evidence on that premises. They must give reasonable notice prior to entering.
Sandy Martin (Ipswich) (Lab)
Both the Asian and the African elephant are threatened with extinction. Just over 350,000 African elephants were counted in 2016, but that is over 100,000 fewer than in 2006. There is no reason to suppose that the number of elephants is not continuing to decline. The decline is almost certainly due to poaching for ivory. No species can continue to lose numbers at that rate without eventually becoming extinct. Unless there is a step-change in the rate at which African elephants are being poached, there will not be any African elephants in the wild in 30 years or so. We cannot possibly stand by and see such an iconic creature become extinct.
CITES estimates that 40 tonnes of ivory were illegally traded in 2016, which is the highest ever recorded. If the trade continues, the poaching will continue. The UK needs to be at the forefront of measures to stop this trade, to prevent the illegal trade that comes through markets in the UK, to enable other countries to close loopholes that traders linked to this country can exploit, and to provide an example to others.
Despite the existing laws governing the ivory trade, the UK is still a major exporter of ivory products. So long as it is legal to trade in pre-1947 ivory without a permit, and to trade in post-1947 ivory with a permit, it becomes far easier for illegal traders to disguise their fresh ivory as antique. Thirty-one per cent. of the total EU exports of ivory items between 2005 and 2014 came from the United Kingdom, and we know that there is a substantial illegal trade, because seizures have continued, and indeed increased, between 2010 and 2014. All those facts led to the consultation that preceded the Bill, and the hon. Member for Thornbury and Yate (Luke Hall) and the Minister made moral and consensual judgments in allowing and encouraging the evolution of the Bill.
The fundamental problem with the pre-existing legislation on the trade in ivory is that it gives far too wide an exemption for there to be any chance that the trade will come to an end. If, as is intended, the trade in fresh ivory is to cease completely, the expectation that there will be any legal supply of ivory also needs to cease. We need to close down the demand for ivory by rendering the whole trade morally, socially and legally unacceptable. In these circumstances, it is understandable that there are some who find any exemptions unacceptable. The Labour party would tend to support the narrowest possible range of exemptions, and during the passage of the Bill, several attempts have been made to reduce the scope of exemptions. However, during the Bill’s passage through the Lords, all the possible loosening or tightening of these exemptions has been debated, and it would be unhelpful to try to unpick any criteria now.
The Lords amendments that would make the operation of the Bill more effective are most crucial to achieving the closing down of the ivory trade, and we are pleased to see that these amendments are being proposed by the Government. It is entirely right that the details of the operation of the Bill should be laid down in regulations. It is sensible to limit the powers given to accredited civilian officers, and we wholeheartedly support the amendments that the Government have accepted. When there is an appeal against the refusal or revocation of an exemption certificate, it is sensible and effective for the appeal body to be the first-tier tribunal and for that to be on the face of the Bill. I put on record my party’s gratitude to all the Members of the upper House who have helped to steer this Bill through, and in particular, to Lord Gardiner of Kimble and Baroness Jones of Whitchurch.
One issue, however, was raised repeatedly before and during the passage of the Bill: other animal sources of ivory. For the purposes of the Bill, ivory is defined as being from elephants. There is a very real danger that the number of other animals killed for their ivory will increase to try to maintain a supply. This particularly relates to other animals in the CITES schedule of endangered wildlife: walruses, narwhals, hippopotamuses, orcas and sperm whales. We would argue that whether or not there is a consequential increase in the killing of these species, it is wrong and damaging to their chances of survival for trade in the ivory derived from these creatures to continue.
We all want the maximum protection for elephants to commence as soon as possible, so it would be unhelpful to make any attempt to disrupt the Bill’s progress now. However, the opportunity to extend the definition of ivory, and hence the range of species protected by the Bill, rests with the Secretary of State through the making of regulations under the affirmative procedure. We urge him to take that opportunity as soon as possible to cover all the relevant animals in the CITES schedule, as well as others, such as warthogs. Unicorns are apparently very popular at the moment, although, of course, they do not exist. What a terrible shame it would be if, because of our inaction, narwhals, whose horns quite possibly prompted the invention of the unicorn myth, were themselves to become non-existent.
All those who want to live in a world that possesses a rich variety of living animals will welcome the passage of the Bill. By passing it, this Parliament will be making a powerful statement that will carry weight throughout the world, but for that weight to have maximum impact, the Government must use all the instruments and influence at their disposal to persuade other countries to take a similarly strong stance, so that we can stamp out the international ivory trade for good.
I echo the words of my hon. Friend the Member for Workington (Sue Hayman) on Second Reading. We must send a clear message at home and internationally that the only ivory we will value is that on a live elephant in the wild. I would like to see a world in which all those attributes that make our diverse species so varied and special—turtles’ shells, tigers’ stripes, ostrich feathers, butterflies’ wings—are appreciated in their proper place, as part of the living creature, and not by killing the animal and cutting off part of its body. We are taking an important step forward here today. Let us not stop with elephants.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
It is a privilege once again to speak on this historic Bill, and I am delighted to see the Minister back in her place, because she has contributed so much to its progress over such a long period. The Scottish National party welcomes that progress and the Lords amendments, which we believe offer clarity and strengthen the processes set out in the Bill. We are also extremely keen that through the Bill the UK continue to show best practice and leadership throughout the world on the work that has to be done to protect species.
We are working together to implement stringent measures to protect and conserve populations of elephants and other endangered species for future generations. The survival of the species is the most important thing and must be realised, so the Bill must be as strong as possible. I want to thank all the members of the Public Bill Committee, who worked so consensually throughout the process. I consider my input into this important process to be one of my proudest achievements in Parliament so far, and I would like to thank everybody for their approach.
We heard compelling evidence in Committee about the unscrupulous nature of ivory poachers. They will stop at nothing, leaving no ivory-bearing species safe. In fact, they trade in death. They also undermine poor and vulnerable communities in developing parts of the world, moving from species to species to make their money. I would like to hear what work the Department for International Development is doing, and what expertise it can lend, to ensure that we protect those vulnerable communities, show leadership and protect people’s jobs and livelihoods, because poaching affects some of the most vulnerable and poorest people in our world.
My daughter has been doing a project in school on narwhals and is very interested in making sure we do all we can to protect not only elephants but narwhals and the other species impacted by ivory poaching. Like me, she would most definitely like to see progress made for all the species affected. The fact that young people are so engaged with this work shows how important it is to future generations and what an historic Bill this is.
Patrick Grady (Glasgow North) (SNP)
I congratulate my hon. Friend on leading on this issue for the SNP. We are all pleased and proud to see the Bill, which was a manifesto commitment at the last election certainly for our party and, I believe, for other parties. It is important to many of my constituents that animal welfare issues are taken very seriously. As she highlights, the importance of that in developing countries cannot be overstated either. It is important that these creatures be protected for future generations, and it is good that there is consensus around the Bill, despite everything else that is happening in politics today.
Dr Cameron
I thank my hon. Friend for what he has said. I think that that is extremely important. This is a truly historic day, although not, perhaps, in the way that we expected it to be.
Scottish National party Members and our constituents throughout Scotland want the Bill to be as strong as possible, so we welcome the news that there will be regulations rather than guidance. We also welcome the clarity on the appeals process, and the clear and definitive guidance on the regulatory powers of the accredited civilian officers.
Vernon Coaker (Gedling) (Lab)
It is a bit strange to be discussing a subject like this today, but we are, and I think we should recognise how important the Bill is. I congratulate Opposition Front Benchers, and indeed the Government, on their work.
I was particularly struck by what the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) said. The Chamber should be much fuller than it is at the moment. As she said, what we are doing here is historic. She mentioned her daughter; unfortunately, for me it is grandchildren. As I have asked in other debates, are we to be the generation that sees the obliteration from our planet of some of the most remarkable species that have ever existed? Today we are debating the elephant, but what will people be saying in 20 or 30 years’ time? Every year 20,000 African elephants are poached and slaughtered just for their ivory. The Bill relates to our own country, of course, but hopefully it will act as an inspiration and a lead for other countries.
Sir Greg Knight (East Yorkshire) (Con)
Is it not the case that the Chamber is normally full when we disagree and often empty when we agree with each other? There is an upside to the fact that there are not many Members in the Chamber: the Bill is proceeding by agreement.
Does the hon. Gentleman agree that there is something nauseating about a person who would slaughter an endangered animal to produce a trinket?
Vernon Coaker
I absolutely agree that that is nauseating. It is also nauseating that people post photographs of themselves engaging in so-called trophy hunting. As for the right hon. Gentleman’s other point, it is not really a question of whether we agree or disagree. I am attending the debate because I agree with the hon. Member for East Kilbride, Strathaven and Lesmahagow that the importance of this issue should be recognised across the House. Of course there is no disagreement about it—I do not think it is a party political issue. Every single Member of Parliament is appalled by the prospect of elephants and other species being slaughtered for their ivory, and the Bill is an important step forward.
I visit school after school, as do all Members, and meet young people after young people, from all walks of life, who are simply sickened by what is happening. Unless we as a world wake up, these animals—whether they be elephants, whales, giraffes or any other species—will become extinct. It is all very well for us to say “It is difficult, and it is tough”, but the Bill is a step forward, so I am not criticising the Government. It is tough and difficult, but we must not be the generation that sees the end of these species on our planet.
Alex Sobel (Leeds North West) (Lab/Co-op)
We have a degree of unity in this debate, and I think we all agree about this elephant ivory Bill, but those of us who were on the Bill Committee and who spoke in previous stages in the House argue that the protection is not the same for the other species we talked about—I mentioned the narwhal in Committee and in the House, and there is also the rhino, the walrus and others. Is it not a failure that we are not including all those species in the Bill?
Vernon Coaker
Of course that is a weakness in the Bill, but the Minister and our Front-Bench spokesperson, my hon. Friend the Member for Ipswich (Sandy Martin), mentioned—this is my understanding, too—that the Secretary of State has committed to consulting on extending it to other species. I say to the Secretary of State that this is urgent. Public consultation can take a year or two years before the Government review it. I say to the Secretary of State—I know that he and I agree on this issue, if not others—that there is an urgency about this and we have to get a move on.
I say to our own country and the world that we need to wake up. If we do not wake up, our children, our grandchildren and our great-grandchildren will say to the Secretary of State, to my hon. Friends on the Opposition Front Bench, and to me and other Members here, “What were you doing? What did you do? How did you stop this?” And everybody will say, “Well, it’s terrible and awful and a disgrace.” That is not good enough—we all need to use the sickening feeling we have to demand more of ourselves and this Parliament.
The last point I want to make is that today and other days have obviously been dominated by discussions about Brexit, but our constituents often ask us what else is happening while that debate is going on. I hope that at least some of the comments made in the Chamber about the important step forward being taken through the Bill will be reported, and that some of the young people out there—whether in the school of the daughter of the hon. Member for East Kilbride, Strathaven and Lesmahagow, my grandchildren’s school or others—will learn that this Parliament has been listening and trying to do what we can to ensure that the great animals, including elephants, are saved for future generations.
Liz Twist (Blaydon) (Lab)
I also welcome the move to put this legislation in place, and I welcome the Lords amendments, but for those of us who served on the Bill Committee there are still some questions, which were referred to by my hon. Friend the Member for Ipswich (Sandy Martin). I want to ask about some of the things I was banging on about during the previous stages of the Bill.
First, we talked about the enforcement of the legislation, particularly in respect of online sales, which can be difficult. Secondly, I would like to know about the future funding of the National Wildlife Crime Unit after 2020. Can the Minister give us some clarity and assurances on that? Most importantly, as other Members have mentioned, there is the question of when the Government expect to launch the consultation on extending the scope of the Bill to animals such as hippos and narwhals. If we really want to end the trade in ivory it is imperative that there be no debate about what kind of ivory it is and whether it is covered by this Bill. I urge the Secretary of State to clarify that point.
Chris Evans (Islwyn) (Lab/Co-op)
I also welcome the Bill and congratulate the Government on bringing it forward, and our Front-Bench team as well, but I think everybody would say that it is just a step in the right direction and there is still a huge amount of work to do. We know about legal trophy hunting, and I would like the Government to clamp down on individuals who are still offering tours on safari to take out these wonderful beasts. I echo what my hon. Friend the Member for Gedling (Vernon Coaker) said: there is an imperative on our generation to stop this. We all know of American tourists who come over here—I had the misfortune once of meeting somebody who said, “My daughter’s into hunting, you should see what she’s taken down”, and showed me sick photos of bloodied beautiful bears and lions that she had killed in the Serengeti and elsewhere in Africa. That has to stop, and I hope that the Government will look again at this issue.
I also hope that the Government will go beyond the ivory trade and look at other wonderful animals, including whales. I hope that they will ban items such as whales’ teeth, for example. I hope that they will create a real stigma around trophy hunters, so that when people show trophy hunting pictures others will find them sick and distressing. I am picking on Americans here, but I have seen elected officials with pictures on their walls of hunts that they have taken part in. That has to stop.
I hope the Government will also recognise that this trade is bringing about criminality and mafia practices. I hope that this is just the start of a wider debate, that the consultation will be short and that the Government will bring forward extra legislation very soon to ban trophy hunting and the companies that send people on hunting tours.
Dr Coffey
With the leave of the House, I shall respond to the hon. Members who have asked questions about various elements of the amendments. First, I should like to say that 11 December will linger in my mind because we have now reached this stage, and I hope that once the House has agreed to these amendments, Her Majesty will give us Royal Assent very soon. I also want to commend the leadership of my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs, who has really been pushing this agenda. Indeed, he is now the chair of the Ivory Alliance 2024, a global organisation that is trying to ensure that this kind of legislation can be spread around the world in order to stamp out the demand for ivory totally.
The hon. Members for Ipswich (Sandy Martin) and for Leeds North West (Alex Sobel) asked about other species. We have committed to gathering evidence on the trade in ivory from other species as soon as is practicable after Royal Assent. It is important to state that any extension of the Bill through secondary legislation needs to be robust and evidence-based, and also that our original consultation was only on elephant ivory, so we will need to ensure that we consult appropriately and get the full evidence before deciding on the next steps. It is also fair to say that, while we have not been too presumptuous, we have already initiated all the work that needs to be done to get that further work under way. The IT projects are under way, for example, and we are working on other elements, although we have not yet started writing the secondary legislation referred to in the Lords amendments that the House will be voting on today.
The hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) asked about international elements of this. We should be proud of our record around the world on these matters, and the Government agree about the importance of sustaining and supporting work to suppress demand and ensuring that we proactively fund a range of training for anti-poaching efforts. We also acknowledge the importance of supporting sustainable livelihoods in the communities affected. The Department’s illegal wildlife trade challenge fund has supported 47 projects with a value of more than £40 million in developing countries, and we continue to work not only with the Department for International Development but with the Foreign and Commonwealth Office and the Ministry of Defence on those activities. We also continue to make the case in the European Union for doing even more.
The hon. Member for Blaydon (Liz Twist) asked about enforcement in relation to online sales. The Bill has been drafted from the outset with online and physical sales in mind. It prohibits commercial activities involving ivory, regardless of where those activities take place. Clause 12 makes it an offence to facilitate the breaching of the ban, and that could cover online sales forums that allow sellers to advertise items, make contact with buyers and accept payments. She also asked about the National Wildlife Crime Unit. Our Department currently co-funds that unit with the Home Office and the police. She will be aware that we have to agree our spending review for future commitments, but I know that the NWCU is highly valued and I am sure that we will want to continue to see its work proceed.
I hope that I have outlined to the hon. Member for Gedling (Vernon Coaker) the actions that are already under way, and I agree with him that this will be an important piece of legislation. The Bill is so important, and I am very pleased to have been part of it. The House should take great pride in it and in ensuring that we continue to save wildlife, wherever it may be.
Lords amendment 1 agreed to.
Lords amendments 2 to 78 agreed to.
Royal Assent
Thursday 20th December 2018
(5 years, 4 months ago)
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