Hunting Trophies (Import Prohibition) Bill

Debate between Baroness Bakewell of Hardington Mandeville and Lord Hannan of Kingsclere

Committee stage
Tuesday 12th September 2023 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, we have been debating this amendment for some considerable time. There is a concern that we will not be able to get to the amendment with the real meat in it, so I will do my bit now.

I congratulate the noble Baroness, Lady Fookes, on her stamina and determination to do everything she can to protect animals from cruelty, harm and death no matter where they live. She has a reputation for being a doughty campaigner and is to be congratulated on agreeing to sponsor this Bill through the Lords. I have no interests to declare. I am not an animal expert but I have read the briefings.

This is a Bill that has government support. Originally, the measures would have been in the kept animals Bill, which was abandoned in favour of introducing various measures through Private Members’ Bills. This should have shortened the time taken to get measures on to the statute book. The glue traps Bill in the name of the noble Baroness, Lady Fookes, was one such Bill; the Sharks Fin Bill in the name of the noble Baroness, Lady Jones of Whitchurch, was another.

I apologise for not being present at Second Reading due to other commitments, but my noble friend Lord Rennard covered the ground very thoroughly at the time. Although not perfect, this Bill is short and to the point and bans the import into Great Britain of a trophy from an endangered animal that has been hunted. This trophy can be any part or derivative of an endangered animal that has been obtained by hunting.

We on the Liberal Democrat Benches fully support the aims and objectives of this Bill, as I believe do the Labour Benches. However, from the number of amendments that have been tabled, it is obvious that this Bill does not have unanimous support on the Government Benches. But it does have overall support across the whole House, as the hunting of wild game animals, while a sport that attracts those with unlimited resources to spend on their pursuits, is abhorrent to the vast majority of the Chamber and the general public.

Turning to Amendment 1, the noble Earl, Lord Caithness, gave—at length and very knowledgeably—the rationale for his amendment, which would in effect ensure that the Bill is not able to progress. The effect of this amendment is, first, to grant the Secretary of State alone the power to decide whether a legal prohibition applies that is beyond the scope of the proposed prohibition, which is intended to be a blanket ban. Secondly, the proposal is not a standard clause retained in conservation or animal welfare legislation. On that basis, we do not support this amendment.

I regret and apologise for the fact that I am not able to stay until the end of this evening’s business, which I suspect will be long-winded and repetitious. What we have before us this evening is a Minister of great integrity, knowledge and compassion alongside four female Members of the House from different political parties all attempting, on behalf of their parties, to enable the aims and objectives of this Bill to move towards ending animal trophy hunting by preventing the importation of those trophies into Great Britain.

I regret to say that, ranged on the other side, we have some of the landed gentry of the country—mostly hereditary Peers—doing their utmost to filibuster and talk the Bill out. They are entitled to express their views, of course. I generally have great regard for the contribution made to the work of this Chamber by the hereditary Peers, but I fear that, this evening, they will not do their reputation among their colleagues or the public at large any favours at all. Despite the words of the noble Lord, Lord Swire, the opposers of this Bill will take the opportunity this evening to attempt to kill it off by filibustering to ensure that there is no Report stage due to a shortage of time. They do this because they know that if the Bill got to Report, none of their amendments would be passed and they would be roundly defeated.

This tactic was used to talk out the hereditary peers by-elections Bill, despite what the noble Baroness, Lady Bennett, said, and came mostly from a section of the Conservative Benches. The noble Earl, Lord Caithness, would have us believe that trophy hunting is of great benefit to all, including the animals. I take completely the point about conservation and economics but the view of the noble Lord, Lord Mancroft, that the trophies themselves do not matter at all is breathtaking.

The hunting trophies Bill was in the Conservative 2019 manifesto. Although supporting the Conservative manifesto is not my main aim in life, I and my colleagues do support this Private Member’s Bill and are passionate about protecting endangered wild animals from the revolting practice of being killed for their body parts. In whatever way those opposing this Bill may argue their case, they are unlikely to get support from the Liberal Democrat Benches.

[Lord Hannan of Kingsclere (Con)]

My Lords, after that speech, I should begin by declaring a few non-interests. I am not a hereditary Peer. I am not a landowner unless you count a small garden about half the size of this Chamber on the Hampshire/Berkshire border. I am not a trophy hunter, nor do I oppose the import of all trophies.

However, I speak in support of my noble friend Lord Caithness’s amendment. I go back to where he started, namely with the markhor—that is, Capra falconeri, the screw-horned goat that is the national animal of Pakistan. Last year, I was lucky enough to see the extraordinary landscapes where these animals live in Baltistan, Chitral and Hunza; there are also isolated pockets of them in Afghanistan and India. In fact, they were thought to be extinct in India as recently as the 1990s and were in the most extreme category of UN extinction watch as recently as the end of the last century—that is, until their numbers were revived through the carefully targeted sale of a very small number of hunting licences, the revenue from which is reserved to local communities. Those communities then have every incentive to preserve habitats and are in effect turned into so many gamekeepers that they ensure that no animals except the elderly, post-reproductive males marked for culling are in danger. The result of that change is that the markhor has rebounded immensely.

It is not the case that trophy hunting is always a tool of conservation. That is why I say that I am not against the whole concept, but I want to speak in favour of the distinction that this amendment makes. Let me give an obvious example from the other side. There is no evidence that the ban on whale hunting has had a detrimental effect. On the contrary, the recovery of whale numbers has been one of the unremarked miracles of the past couple of decades. We have seen an amazing bounce-back in the number of humpbacks and bowheads although, sadly, we have not yet seen the same for blue or gray whales.

Even there, there is a habitat aspect to things. A lot of whales are killed because they swallow fishing gear that has been discarded or get in clashes with vessels. However, I am not going to argue—I do not think that anyone else will—that a hunting ban there is ineffective or that a trophy ban would make a difference but, where we are talking about habitats, it is vital to give local people an incentive to conserve that habitat. I cannot put it better than my noble friend Lord Lucas just did: it is easy for us to be sentimental at a distance about lions, tigers, elephants and so on because we do not have to live next to them. Without any incentive to preserve their numbers, local people will naturally see them as, at the very least, competitors for resources but also as a danger. Without the right incentives, they will have every reason to hunt them to extinction, as I am afraid human populations have done to large mammals on every continent going back to our hunter/gatherer days.

This amendment draws a distinction, giving the Secretary of State a last-ditch power to decide where there would be an unintended consequence for conservation. By the way, I would love to have a general power to stop unintended consequences of legislation. Almost always you get the most unintended consequences from Bills that have been passed in response to some public campaign. People have not thought through all the implications and we hear exactly the arguments that we are hearing tonight, that the public demand this law. If you are presented with, as a general proposition, the idea that we should not kill magnificent animals, then of course, everyone will agree with that—I would, and I hope that everyone would. However, we are looking at ways in which to modify this legislation so as not to have a detrimental effect on conservation.

I do not want to be accused of filibustering, so I will keep this very brief and close by saying that, as I understand it, that is precisely the reason why we exist here as a second Chamber. What function do we have if not to act as a break on the necessary radicalism of the popularly elected House? Being here, we have the privilege to look beyond the headlines and to consider in full the implications and the potential unintended consequences of laws that have been drafted in a knee-jerk way. This legislation is precisely an example of such lawmaking. Therefore, it seems to me the proper role of this Chamber to approve it and to take out the parts of it that would have the most harmful impacts.

Animal Welfare (Sentience) Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Hannan of Kingsclere

3rd reading
Monday 13th December 2021 Lords Chamber

[Lord Hannan of Kingsclere (Con)]

My Lords, I support my noble friend Lord Herbert of South Downs and my noble and indestructible friend Lord Mancroft. I asked at Second Reading: to what problem is this legislation a solution? I listened carefully through Committee and Report and I did not get an answer. I am afraid that I am reluctantly thrown back to the conclusion that this was a Bill brought forward in response to a fake press release—that, at the Dispatch Box in another place, the Minister was panicked into promising legislation in response to a false story to the effect that Conservatives had voted to say that animals were not sentient. Declamatory law of this kind invites unintended consequences. It is almost a textbook definition of how not to legislate. It does not reflect well on our lawmaking process that this House has been prevented from exerting its ameliorating and scrutinising function. I hope that that function will be taken up in another place.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I listened carefully to the noble Lord, Lord Herbert of South Downs. I fear I do not agree that this Bill was a waste of parliamentary time. A large number of Bills are coming forward during the pandemic that are not health related, but it is important that legislation moves forward and does not get bogged down in Covid. Similarly, I listened to the comments of the noble Lord, Lord Hannan of Kingsclere, who, unfortunately, was not able to be here at the beginning of the debate. I live in a rural community and support the rural way of life, and I do not feel the Bill threatens either the ethos or the practical way of life in rural communities. This is overstated.

I congratulate the Minister on his remarks and on eventually getting this very short but important Bill to the point of being able to pass it on to the other place. I did not envisage at the start of the process that it would be so controversial in some quarters of the Government Benches, who, in their own words, have attempted to paralyse the House with boredom.

I thank the Minister for his time and that of his officials in providing briefings along the way, and for his patience in dealing with the many amendments and queries that came forward. I also thank the noble Baroness, Lady Hayman of Ullock, for her time and assistance in helping to steer the Bill forward. It is always better when Front Benches are united in moving a Bill forward.

The amendments that have been accepted have improved the Bill. It will be interesting to see how the Bill is received in the other place and whether it will make any further amendments. No doubt it will be heavily lobbied by the spokespeople this afternoon. I support the thrust of the Bill and look forward to working with the Minister on future legislation.

Animal Welfare (Sentience) Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Hannan of Kingsclere

Report stage & Lords Hansard - part two
Monday 6th December 2021 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, this is an interesting group of amendments seeking to specify the membership of the committee. The noble Lord, Lord Robathan, and the noble Baroness, Lady McIntosh of Pickering, have set out the rationale for their amendments and there are some contradictions. Amendments 3 and 5 would remove the Secretary of State from the process altogether, whereas Amendment 8 would leave the power to appoint with the Secretary of State. Amendment 6 would ensure that certain levels of expertise were included in the committee’s membership.

I agree that certain skills and level of expertise are important, and can see immediately from the list that a single person can have more than one skill level and fulfil more than one function. For instance, the law currently requires that a veterinary surgeon must be present in a slaughterhouse. Therefore, he or she will have knowledge of the way a slaughterhouse operates.

However, whether such people will have time to sit on the animal sentience committee remains to be seen. A veterinary surgeon who no longer works in a slaughterhouse might do, depending on their current workload, but setting the membership in legislation could be something of a millstone around the neck of the chair or the Secretary of State, whoever is recruiting the membership.

The list of what the animal sentience committee can and cannot do under the amendment in the name of the noble Baroness, Lady McIntosh, is extensive and somewhat cumbersome. I believe it could be streamlined. I look forward with interest to the Minister’s response to these issues.

[Lord Hannan of Kingsclere (Con)]

My Lords, this block of amendments goes to the heart of what is wrong with the proposal. We all have an idea of who “the expert” is and what kind of person will give us the answers we want, whether that is a vet, someone banned from being a member of an animal rights movement, or whatever. The idea that there is some disinterested, impartial, patriotic expert who can somehow rise above the rest of us and be the only objective person is one of the most pernicious ideas in modern politics. We all have our opinions and starting assumptions, the “expert” more than anybody, if by “expert” we mean someone has spent his or her career in one field. They are the last person to whom we should contract out our decisions as a parliamentary assembly.

I totally understand that the Minister will want some flexibility, but a later amendment in the name of my noble friend Lord Howard of Rising proposes a sunset clause. Maybe we could see whether the committee works out with the experts as proposed in the way the Minister assures us. If it does there will be no problem, and, if not, we will have another go at it. Perhaps that would be the wise amendment for the Government to accept.