All 4 John Bercow contributions to the Ivory Act 2018

Read Bill Ministerial Extracts

Wed 23rd May 2018
Points of Order
Commons Chamber

1st reading: House of Commons & 1st reading: House of Commons
Mon 4th Jun 2018
Ivory Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons
Wed 4th Jul 2018
Ivory Bill
Commons Chamber

3rd reading: House of Commons
Tue 11th Dec 2018
Ivory Bill
Commons Chamber

Ping Pong: House of Commons & Programme motion: House of Commons

Points of Order Debate

Full Debate: Read Full Debate

John Bercow

Main Page: John Bercow (Speaker - Buckingham)

Points of Order

John Bercow Excerpts
1st reading: House of Commons
Wednesday 23rd May 2018

(5 years, 9 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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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.

John Bercow Portrait Mr Speaker
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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.

John Bercow Portrait Mr Speaker
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I will come to the hon. Gentleman, of course, but I call Andrew Bridgen.

Andrew Bridgen Portrait Andrew Bridgen
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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?

--- Later in debate ---
John Bercow Portrait Mr Speaker
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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.

Lord Clarke of Nottingham Portrait Mr Kenneth Clarke (Rushcliffe) (Con)
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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?

John Bercow Portrait Mr Speaker
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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.

John Bercow Portrait Mr Speaker
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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 Portrait Martin Docherty-Hughes
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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?

John Bercow Portrait Mr Speaker
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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.

John Bercow Portrait Mr Speaker
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I will come to the hon. Gentleman, but I call Mr Simon Hoare.

Simon Hoare Portrait Simon Hoare
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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?

John Bercow Portrait Mr Speaker
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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.

John Bercow Portrait Mr Speaker
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However, this particular subject will not have been exhausted until we have heard the views on it of the right hon. Lady.

Anna Soubry Portrait Anna Soubry
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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 Portrait Anna Soubry
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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?

John Bercow Portrait Mr Speaker
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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 Portrait Angus Brendan MacNeil
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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.

John Bercow Portrait Mr Speaker
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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

John Bercow Excerpts
2nd reading: House of Commons & Money resolution: House of Commons
Monday 4th June 2018

(5 years, 8 months ago)

Commons Chamber
Read Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts
Second Reading
John Bercow Portrait Mr Speaker
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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.

Ivory Bill

John Bercow Excerpts
Baroness Hayman of Ullock Portrait Sue Hayman
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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.

John Bercow Portrait Mr Speaker
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A number of people still wish to speak, and we have 15 minutes remaining.

Ivory Bill

John Bercow Excerpts
Ping Pong: House of Commons & Programme motion: House of Commons
Tuesday 11th December 2018

(5 years, 2 months ago)

Commons Chamber
Read 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)
John Bercow Portrait Mr Speaker
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With this it will be convenient to consider Lords amendments 2 to 78.

Thérèse Coffey Portrait Dr Coffey
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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.