Ivory Bill

(Limited Text - Ministerial Extracts only)

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

(5 years, 10 months ago)

Commons Chamber
Ivory Act 2018 View all Ivory Act 2018 Debates Read Hansard Text
Michael Gove Portrait The Secretary of State for Environment, Food and Rural Affairs (Michael Gove)
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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 Portrait Henry Smith (Crawley) (Con)
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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 Portrait Michael Gove
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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 Portrait Michael Gove
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I should be delighted to give way to my hon. Friend the Member for North Dorset (Simon Hoare).

Simon Hoare Portrait Simon Hoare
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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 Portrait Michael Gove
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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).

Oliver Letwin Portrait Sir Oliver Letwin
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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 Portrait Michael Gove
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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 Portrait Mary Creagh
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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 Portrait Michael Gove
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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.

Lord Benyon Portrait Richard Benyon (Newbury) (Con)
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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 Portrait Michael Gove
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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 Portrait Richard Graham (Gloucester) (Con)
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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 Portrait Michael Gove
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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 Portrait Jeremy Lefroy (Stafford) (Con)
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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 Portrait Michael Gove
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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 Portrait Kerry McCarthy (Bristol East) (Lab)
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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 Portrait Michael Gove
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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 Portrait Michael Gove
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With that, I am more than happy to give way to my right hon. Friend the Chairman of the Select Committee on Defence.

Julian Lewis Portrait Dr Julian Lewis
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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 Portrait Michael Gove
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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.

Roger Gale Portrait Sir Roger Gale (North Thanet) (Con)
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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 Portrait Michael Gove
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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 Portrait Liz Twist (Blaydon) (Lab)
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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 Portrait Michael Gove
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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.

Lord Mann Portrait John Mann (Bassetlaw) (Lab)
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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 Portrait Michael Gove
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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 Portrait Simon Hoare
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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?

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Michael Gove Portrait Michael Gove
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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 Portrait Mary Creagh
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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 Portrait Michael Gove
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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.

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David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
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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.

David Amess Portrait Sir David Amess
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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 Portrait David Rutley
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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.

Ranil Jayawardena Portrait Mr Jayawardena
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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 Portrait David Rutley
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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.

Owen Paterson Portrait Mr Paterson
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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 Portrait David Rutley
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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.