326 Baroness Hayman of Ullock debates involving the Department for Environment, Food and Rural Affairs

Tue 12th Jun 2018
Ivory Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons
Tue 12th Jun 2018
Ivory Bill (Second sitting)
Public Bill Committees

Committee Debate: 2nd sitting: House of Commons
Mon 4th Jun 2018
Ivory Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons
Tue 22nd May 2018

Ivory Bill (First sitting)

Baroness Hayman of Ullock Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 12th June 2018

(7 years, 8 months ago)

Public Bill Committees
Read Full debate Ivory Act 2018 View all Ivory Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 June 2018 - (12 Jun 2018)
None Portrait The Chair
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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.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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Q Do you all feel that the scope of the Bill, about just elephant ivory, is broad enough? If we ban just elephant ivory, could there be a shift towards ivory and horn from other animals being targeted? If it is possible, should we broaden the scope of the Bill to prevent that from happening?

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.

Pauline Latham Portrait Mrs Pauline Latham (Mid Derbyshire) (Con)
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Q That is interesting because the Bill has been a long time coming and it is great that we have got this far. To knock it off course would be perverse. As we have not consulted on all the other species, would the best thing be to get the Bill through and then all of you who are experts could meet Ministers to decide which species—particulary non-CITES species—ought to be included so that we do not have other species coming on to the endangered list simply because activity has been displaced? I assume that you would all be happy to consult Ministers once the Bill is passed to get that done as soon as possible.

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.

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Pauline Latham Portrait Mrs Latham
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Q You mentioned Hong Kong and the fact that China is implementing this measure quite strictly. You also mentioned mammoth. I understand that in Hong Kong ivory is being passed off as mammoth tusk. Obviously the mammoth are dead—we are never going to save the life of a mammoth—but should we consult on a ban on mammoth ivory as well as on those species that might become extinct as a result of not being included in the Bill? If in Hong Kong, or anywhere else, people can say, “It’s all right; this is a mammoth tusk,” and sell it, does that not create the loophole that those who want to make money are looking for?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q Let us come back to the scope of the meaning of ivory. You talked about there being a delay if anything is added in. Given that this is the Ivory Bill, not the Elephant Ivory Bill, and that the CITES list makes clear that there is concern about species beyond the elephant, why would there be a delay if you added in the species listed by CITES? The consultation allowed for discussion of other species that are badly affected by this issue, and you have the figures.

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q But if you were just looking at CITES species, you wouldn’t be including mammoth.

Will Travers: No, but we are rather hopeful that we don’t restrict ourselves to CITES species.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q I am just talking about the Bill at the moment. It could be improved quickly by adding in the CITES species, as I know a number of people were suggesting. You could then consult and look at the non-CITES species and the issue of mammoths separately afterwards. My big concern is that you bring this in just for elephants and you very quickly see a shift. You could protect the other CITES species straightaway, without the need to go to consultation because of the nature of the Bill, being the Ivory Bill, if you see where I am coming from.

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 Portrait Simon Hoare
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Q I have two very quick points. The first is, having looked at Wikipedia—that great source of authority and information, as we all know—mammoths are included in the elephantidae family. I am rather anxious that what we are trying to do here is to decommoditise the attractiveness of ivory in all its forms and types. Therefore, I wonder whether mammoth is actually covered within the Bill, as set out in clause 35(6).

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?

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None Portrait The Chair
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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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q If the ban is purely on elephant ivory, do you think that will have a detrimental effect, with the trade being potentially pushed on to other species? What are your thoughts on that?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q I see your point on that, but we do not want to see, as a consequence of that, the increased killing of other species.

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.

Pauline Latham Portrait Mrs Latham
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Q Going back to what I said to the previous panel about ivory tusk being traded as mammoth, which is quite legal and would be quite legal after this Bill came in, is that something that we should consult on? Clearly we will not save the life of a mammoth—they are all extinct—but would it continue to save the lives of elephants if we banned that? It is not on the CITES list that we have heard about, but do you think that such a measure would be helpful to prevent elephants from being targeted? If someone can legally pass a tusk off as mammoth tusk, it will not stop anything.

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.

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Liz Twist Portrait Liz Twist
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Q So you would like to see the Bill amended to reflect that?

Alexander Rhodes: Yes.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q We have talked quite a bit about enforcement and implementation once the Bill is complete. There is so much potential for mis-selling and for misleading behaviour. We have talked about the internet. It is incredibly complicated. When this Bill becomes law, how fit is the judiciary to manage sentencing and stop this trade happening? Do we want guidelines attached to the Bill for the judiciary? Do we want training? What kind of sentencing do we need to stop it happening? I would be interested to get your thoughts on that.

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q Is that something we can learn from? Would it be relevant?

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 Portrait Kerry McCarthy
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Q Returning to what you said about a ban on any sales online, would that apply just to pre-1918 items, and not to the exemptions for items with low ivory content? I am thinking particularly of musical instruments. At the moment there is an exemption for pre-1975 musical instruments. They are quite often bought and sold online. People buy guitars, for example, from online shops. Would you be happy for that to continue where the ivory is not a crucial part of the item but it happens to have ivory decoration, or an ivory mouthpiece, for example? I do not think many pianos are bought and sold online, but they can have ivory keys.

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.

Ivory Bill (Second sitting)

Baroness Hayman of Ullock Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 12th June 2018

(7 years, 8 months ago)

Public Bill Committees
Read Full debate Ivory Act 2018 View all Ivory Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 June 2018 - (12 Jun 2018)
None Portrait The Chair
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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.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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Q 57 How do the two different roles that you have interact, and how do the two organisations work? How are your resources at the moment? Do you have sufficient resources should the Bill become law? Would you need any further training or resources, and what impact would that have on your current roles?

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 Portrait Henry Smith (Crawley) (Con)
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Q There are other jurisdictions around the world where there have been ivory bans. What sort of best practice do you feel can be gleaned from those other places—the United States perhaps most notably? What lessons do you think we can learn and apply when this legislation is passed for the UK?

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.

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Luke Pollard Portrait Luke Pollard
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Q On that point, one of the areas the Bill Committee is looking at is whether the scope should include elephant ivory or just ivory. When it comes to your enforcement activities, if the scope were to include other forms of ivory—walrus, narwhal, sperm whale, and such types—does that fundamentally change the quantum of the task that you and the new regulator have to carry out? Is it a huge amount of work? How would you categorise the additional activities that extending the scope would mean for your work?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q I want to come back to the internet because it is a big challenge. Assuming the Bill goes through, and I see no reason why it should not, the situation will only get worse with illegal trade on the internet. We had a quick look on eBay and the number of items that just pop up is staggering. As you said, the descriptions were “bovine bone”, “ivory coloured”, “resin” and all sorts of things. When you look at them, I would worry that they were really ivory.

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q With that in mind, would it be useful to have some sort of legal responsibility on website owners to ensure to the best of their ability that they were not selling illegal products? Is that a possibility? I am trying to think about ways in which we could potentially tackle this.

Chief Inspector Hubble: The Bill provides for an offence of facilitating.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q Could that be made stronger to enable you to do your job better?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q Does eBay have some sort of contract with its sellers to say that sellers should confirm that what they are selling is not illegal? I do not know. I am just chucking out questions.

Chief Inspector Hubble: I do not know.

Baroness Hayman of Ullock Portrait Sue Hayman
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Q I wonder if that is something you could look into. Where do you put the burden of proof? Is it possible to get internet sellers to sign up to a contract?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
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Thank you, I am just chucking out thoughts.

David Rutley Portrait The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
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Q I join members of the Committee in thanking you and your teams for the work you are doing and also for the way in which you are leveraging the rest of the Border Force or the wider police force available to tackle this crime—we are very grateful.

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.

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Lisa Cameron Portrait Dr Cameron
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Q I understand that, but if you can get an extra one for losing one, is there potential for extra ones to arrive in the system somewhere?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

Q I was going to ask whether any of you have concerns about the de minimis requirement—whether we need further clarification of that, whether you had looked at how the volume of ivory is measured, and whether the Secretary of State should set the measurement. Do you measure it now, and is there is a best practice way of doing it? We do not want items to be calculated slightly wrongly and to fall into the criminal section just because there are different ways of measuring volume. I just want to hear your thoughts about that.

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—

None Portrait The Chair
- Hansard -

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.

--- Later in debate ---
Kerry McCarthy Portrait Kerry McCarthy
- Hansard - - - Excerpts

That is interesting. Thank you.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

Q There is obviously talk about prescribed institutions and qualifying museums and there has also been talk of a register of exempted items. The Secretary of State will keep a list of those registered or qualifying museums and prescribed institutions. If an institution is found to have been breaking the law, how do you see that being managed within your industry? Should the Secretary of State be able to take them off the register? Should further criminal action be taken? How would the industry look at policing itself within that category?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

Q So would that be the most sensible way to go forward be to bring the legislation into the Arts Council accreditation system?

Anthony Misquitta: I think so. I am talking off the top of my head, but that is a possible answer.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

Q Would that cover galleries as well? Does the Arts Council accredit galleries? Yes, they are nodding at the back. Thank you very much.

Trudy Harrison Portrait Trudy Harrison
- Hansard - - - Excerpts

Q Do you have any concerns about differences of opinion between the expert assessors in assessing whether something would be exempt or not?

Dr Boström: According to the criteria that are set out here?

--- Later in debate ---
David Rutley Portrait David Rutley
- Hansard - - - Excerpts

Q You have done a lot of work to explain that museums do not get involved in a huge number of sales, and perhaps get involved in a very small number of purchases. What I was talking about—I should have been clearer—was the rare and most important items that you and institutions like you help to certify. Do you anticipate large volumes or small volumes? What volumes do you think will qualify under the definition of rare and most important?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

Q Earlier, you were talking about resources—there is obviously a certain amount of work that comes with this. You are clearly very large institutions, and you have a broad range of specialists and experts within your museums. What might the impact be on smaller museums that do not have such access to specialists? Will there be a cost implication for them?

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.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

Thank you. That is very helpful.

None Portrait The Chair
- Hansard -

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.)

Oral Answers to Questions

Baroness Hayman of Ullock Excerpts
Thursday 7th June 2018

(7 years, 8 months ago)

Commons Chamber
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Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

Absolutely. My hon. Friend makes a very good point. I had the opportunity to visit soft fruit and salad growers in Cambridgeshire and in Norfolk recently and I appreciate the labour concerns that they have. I will take the opportunity to visit Staffordshire as soon as I can.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
- Hansard - -

The Government’s 25-year environment plan sets out commitments to protect our natural environment. Will the Secretary of State outline the steps that he is taking to recognise and protect local wildlife sites, which are currently under threat of development from proposed changes to the national planning policy framework?

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

I thank the hon. Lady for raising that question. I have had the opportunity to discuss these issues with the Minister for Housing and Planning, and we want no weakening in any protection for these sites.

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

I am sure the Secretary of State is aware that, if implemented, these proposals could effectively unprotect 42,000 sites in this country. May I ask whether he was consulted by the Ministry of Housing, Communities and Local Government before this policy was put forward? If yes, how did this get into the policy, and if he was not consulted, why not, when the Government have such a strong commitment to the environment?

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

Without going into all the conversations that we have had—and we have had a series of them with colleagues in the Ministry of Housing, Communities and Local Government—the inference that many have drawn from the way in which the consultation has taken place is not one that we considered to be warranted. That is why I provide the reassurance that I have at this Dispatch Box, and I know that colleagues in the MHCLG will do so as well thanks to the hon. Lady’s question.

Ivory Bill

Baroness Hayman of Ullock Excerpts
2nd reading: House of Commons & Money resolution: House of Commons
Monday 4th June 2018

(7 years, 8 months ago)

Commons Chamber
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Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
- Hansard - -

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.

Lord Mann Portrait John Mann
- Hansard - - - Excerpts

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?

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

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 Portrait Kerry McCarthy
- Hansard - - - Excerpts

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?

Baroness Hayman of Ullock Portrait Sue Hayman
- Hansard - -

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.

Transport Emissions: Urban Areas

Baroness Hayman of Ullock Excerpts
Tuesday 22nd May 2018

(7 years, 8 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

As you have indicated, Mr Speaker, I think we are all admiring of the Select Committee Chair for managing to pack into his allotted time so much that was useful. I will do my very best to reply appropriately.

My hon. Friend is quite right to draw attention to the way in which tyres and brakes generate particulate matter that finds its way into the air and contributes to air pollution. We will be working with manufacturers, exactly as he says, in order to deal with this method of pollution. He is also right that particulate matter is a particular problem with regard to public health. One of the biggest generators of particulate matter is domestic wood burning and coal burning. The clean air strategy goes further than ever before in making sure that we can deal with both those means of generating particulate matter.

My hon. Friend asks that we improve public transport. Specifically with regard to NOx emissions, the diesel vehicles on which so many rely for public transport—buses and so on—do need to be modernised. We work with local authorities to ensure that there is appropriate retrofitting of these vehicles so that the diesel emissions that contribute to poor air quality can be effectively dealt with. We are spending £475 million with local authorities to ensure that they can have bespoke solutions. That can involve the retrofitting of public transport. It can also involve engineering solutions to bring down the concentration of harmful emissions in particular areas.

My hon. Friend makes a point about the 2040 target. I completely agree that it is important to hit that target. He also draws attention to the fact that some motor manufacturers, in effect, attempted to get around regulations in order to produce vehicles for sale that did not meet the requirements for air quality that we would all want to see. We can all reflect on the way in which the regulation, which was of course fixed at EU level, did not work effectively. There has been reference, and I know there will be subsequent reference, to the court cases that have found a number of EU countries, including Britain, to be in breach of EU law on this matter. The truth is that one of the reasons Britain and other countries are in breach of EU law is that there are vehicles on our streets that had technical compliance with EU rules but, in terms of real-world emissions, were not fit for our use.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
- Hansard - -

What we needed from the Government today was a comprehensive clean air strategy to show that they are really serious about tackling this public health emergency, but what we have instead is yet another consultation, which has a focus on emissions from agriculture and wood burning and is weak on cutting roadside pollution from diesel vehicles. It is worth remembering that, since the general election, there have been 25 DEFRA consultations and not one piece of primary legislation delivered.

We know that air pollution is responsible for at least 40,000 premature deaths every year. We know that it is particularly harmful to our children and our vulnerable elderly people. Effective national action must be taken to address the emissions from road transport that are contributing to illegal and harmful levels of pollution. The UK is currently routinely responsible for exceeding the legal levels of pollution. Today’s strategy states that the Government aim to halve the number of people living in unsafe levels of pollution by 2025, but that is simply not good enough. If today’s announcement is the extent of their ambition, it poses a serious question about whether this Conservative Government can really be trusted with our environment and with dealing with illegal air pollution after the UK leaves the EU.

The strategy still does not legally provide for a network of mandatory clean air zones, which DEFRA’s own analysis shows is the quickest and most cost-effective way to bring NOx levels down to legal levels. Yet again, we see more shunting of new responsibilities on to our cash-strapped local authorities, which have been cut to the bone by the Government’s unrelenting austerity agenda. All the new promises we have heard today will mean very little if local councils do not have the money or the resources to implement them.

The Government say time and again that they are committed to this being the first generation to leave the environment in a better state than we inherited it in, but I see no evidence of actual action being taken to deliver that. Anything being mooted by the Government on tackling air pollution will be effective only if there is a serious and independent environmental regulator after Brexit to hold the Government to account, but the Government’s recently announced environment watchdog has been roundly condemned as entirely toothless.

Labour has been calling for primary legislation on air quality since the last election. This Government only ever take action on illegal air pollution when they have been held over a barrel in the courts. I remind the House that there have been three legal challenges and a referral to the European Court of Justice. When will the Government treat this issue with the seriousness that it deserves? The time for half-measures and public consultation has to end. We need real action now to tackle this public health emergency.

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

I thank the hon. Lady for her points. She asks for a comprehensive strategy. That is what we have produced today. She specifically refers to our target to ensure that half of the population live in areas that meet World Health Organisation standards for air quality by 2025. What she omitted to tell the House is that this Government are putting forward a more ambitious aspiration for the cleanliness of our air than any other Government in a developed nation. It seems that, in her desire to be grudging, she failed to share with the House the detail of our ambition.

The hon. Lady asked about clean air zones. Clean air zones can be implemented by local authorities if they believe that that is the right solution. We on the Government Benches believe in the “local” in local government. It is right for local authorities to make an appropriate decision, depending on the circumstances in that area. A one-size-fits-all approach imposed from the centre may be appropriate in the Marxist-Leninist world of the Corbynistas, but we believe that it is appropriate to work with local authorities and metro Mayors. When necessary, we will apply ministerial directions, but it is appropriate to have the right approach for each individual area.

The hon. Lady asked about primary legislation. Let me remind her that a Labour Government were in place for 13 years, and how many pieces of primary legislation did they bring in on air quality? How many? It was a Conservative Government who brought in the Clean Air Act 1956 and a Conservative Government who brought in clean air legislation when John Major was Prime Minister, but when Labour was in power, we did not have clean air Acts—we had dirty diesel subsidies.

It was the Labour Government who introduced a deliberate ramping up of the number of diesel cars on our streets. We had a confession recently from none other than the hon. Member for Brent North, a man to whom I always pay close attention. Barry Gardiner admitted—it is perhaps not the first confession he will be making this week—that there is “absolutely no question” that the decision the Labour Government took on diesel was “the wrong decision” and:

“Certainly the impact of that decision has been a massive problem for public health in this country.”

Until we have an apology from those on the Labour Front Bench for the errors that they made, we will take their words on air pollution for the hot air that they manifestly are.

Plastic Bottles and Coffee Cups

Baroness Hayman of Ullock Excerpts
Thursday 17th May 2018

(7 years, 8 months ago)

Commons Chamber
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Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
- Hansard - -

I thank my hon. Friend the Member for Wakefield (Mary Creagh) not just for securing what I think we would all agree has been an excellent debate, but for her valuable and extensive work on this area of policy. I also thank the other members of the Environmental Audit Committee who have taken part in the debate—my hon. Friends the Members for Bristol East (Kerry McCarthy), for Cardiff North (Anna McMorrin) and for Leeds North West (Alex Sobel), and the hon. Member for Falkirk (John Mc Nally)—for the work they have done in bringing this important report to the House. We also had a contribution from my hon. Friend the Member for East Lothian (Martin Whitfield), and my hon. Friend the Member for Clwyd South (Susan Elan Jones) brought an interesting Welsh perspective to the debate.

When it comes to tackling plastic waste, I believe that the House is united in recognising the need for action. The UK uses 13 billion plastic bottles every year, yet only 7.5 billion are recycled, which means that the remaining 5.5 billion are landfilled, littered or incinerated. As the Environmental Audit Committee report has highlighted, if marine plastic continues to rise at its current rate, the amount of plastic in the sea will outweigh fish by 2050; I do not know who weighs the fish.

Although it is imperative that we do all we can domestically to tackle the plastics ending up in our seas, we must also bear in mind that ocean pollution is a global issue that requires international co-operation and leadership. As long as there are countries and communities with inadequate or non-existent waste disposal infrastructure, litter and waste will continue to pollute our oceans. Will the Minister confirm the amount of spending that the Department for International Development has put towards improving waste infra- structure in developing countries in the past 12 months?

We have heard that the mix of plastic and paper in the lining of disposable coffee cups makes them very difficult to recycle. Currently, only a small number of specialist plants in Britain are able to process disposable coffee cups. That means that over 99% of the disposable coffee cups used in Britain do not get recycled. That is why the Committee’s call for more research into recyclable coffee cups is so important, as is its call for greater clarity and awareness raising about how coffee cups can be recycled. The problem is that there still remains a significant public belief that coffee cups are easily recyclable, along with other paper or plastic items, when in fact they cannot be disposed of with household recycling.

On plastics, Labour supports the Committee’s call for a plastic bottle deposit return scheme, as was outlined in our last manifesto. While behavioural change and reducing the consumption of single-use plastics is undoubtedly important, we must not lose sight of the bigger picture on waste and recycling, of which consumer behaviour is just one part. Currently, packaging producers pay for only 10% of the cost of packaging disposal and recycling, which leaves taxpayers to foot the bill for the remaining 90%. We have heard from hon. Members about the weakness of the current producer responsibility obligations, with our fees being among the lowest in Europe. We know that the PRN system is far from optimal, and that local authority practice in recycling varies quite wildly.

A comprehensive and effective strategy from the Government cannot just rely on righteous indignation and soundbites. We need comprehensive and ambitious reform of waste and recycling, and to look at many of the systemic, design and infrastructure barriers to waste reduction and recycling right across the UK. Never has this been so urgent as it is now, with the UK leaving the EU in only a few months and, as we have heard, in the light of the Chinese ban on dry recycling imports from the UK. Although we have had numerous promises and press releases, not one piece of primary legislation has been brought forward by the Department for Environment, Food and Rural Affairs to date, despite the fact that, as I have said, we are now only months away from leaving the European Union. I am afraid that does not encourage confidence in the Secretary of State’s assertions that environmental standards are not at risk with Brexit and that the UK is well prepared.

Last week, yet another consultation was launched, this time on the environmental principles and governance Bill. However, Shaun Spiers, the chair of Greener UK, says that the proposals will give the environment and countryside less protection after Brexit than exists now. Given the emphasis by the Environmental Audit Committee on the importance of the polluter pays principle, will the Minister confirm whether the precautionary and “polluter pays” principles will be enshrined in law before the UK leaves the EU?

How can the Secretary of State credibly claim to be upholding and improving environmental standards after Brexit when the environmental watchdog he proposes has been described by environmental experts as toothless and lacking adequate scope and powers? Only yesterday, the other place voted to ensure that existing environmental standards are maintained, recognising that inadequacy. The Government’s plan announced in January to eliminate all avoidable plastic waste by 2042 is all well and good, but will the Minister confirm whether it is on track to be delivered? Does he believe that that ambition could, and should, be achieved sooner, and in line with EU targets?

In summary, I again welcome the important work done by the Environmental Audit Committee on single-use plastics and coffee cups, and its leadership in this area. We must use the current wave of public opinion to make lasting and meaningful change to recycling and waste, and to ensure that environmental standards in the UK are protected and strengthened in legislation, not just in Government press releases.

Cosmetics Testing on Animals

Baroness Hayman of Ullock Excerpts
Tuesday 1st May 2018

(7 years, 9 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) for securing this important debate.

An end to testing cosmetics on animals was first promised in the 1997 Labour manifesto. I am proud that that was delivered here in the UK, under a Labour Government, 11 years before the EU-wide ban was brought in. Labour led the way then, and we continue to lead the way now.

Although testing practices have advanced greatly in recent years, there is still a lack of transparency about project licence applications and the allowance of “severe” suffering, as it is defined in UK legislation. That is one of the reasons the Labour party stated in our recent animal welfare plan that we will review animal testing. Our 50-point plan includes important proposals to build on our already proud record, and I encourage anyone who is interested to look at those proposals and give us their comments. We started by banning animal testing for cosmetics here in the UK, and it was then banned in the EU; it is incredibly important that it is now taken out globally.

As the hon. Lady said, in the EU animal testing has been banned for finished cosmetic products since 2004 and for cosmetic ingredients since 2009. It has also been illegal since 2009 to market in the EU cosmetic products containing ingredients that have been tested on animals. Those bans have done a lot to boost animal welfare due to the EU’s economic influence. As was said, the EU is the world’s largest market for cosmetic products. From soap and shampoo to moisturiser, perfume and make-up, it is estimated that consumers use about seven different cosmetic products every day. EU rules ensure that those products are safe for us to use, but not at the expense of animal welfare being ignored.

As we leave the EU, consumers tell me that they are concerned. They need reassurance that any trade deals that we do with countries that do not share our standards, such as the US, will not result in our sales ban being watered down, and that cruel cosmetics will remain a thing of the past in the UK. I would be grateful if the Minister provided an assurance that our ban on testing cosmetics on animals will not be undermined by any trade deals.

I welcome the resolution of the European Parliament’s environment, public health and food safety committee, which aims to establish a global ban on testing cosmetics on animals by 2023. As we heard, that resolution proposes the drafting of an international convention against testing cosmetics on animals within the UN framework, and calls for that to be included on the agenda of the next UN General Assembly meeting.

The hon. Member for North Ayrshire and Arran (Patricia Gibson) pointed out that about 80% of countries still allow animal testing and the marketing of cosmetics that are tested on animals. We also heard that China’s major cosmetics industry requires products to be tested on animals before they are allowed on the market. That is one of the biggest challenges we will have to overcome if we are to implement a global ban.

We must also be clear that the cosmetics industry has a key role to play. It is simply unacceptable that those cosmetic brands that claim to be cruelty-free and not to engage in animal testing yet undertake such testing are able to sell to Chinese consumers. Many of those large cosmetic companies state online that they do not engage in animal testing but indicate that exceptions are made where required. For instance, Estée Lauder’s website says that it

“does not test on animals and we never ask others to do so on our behalf”.

However, it has the caveat:

“If a regulatory body demands it for its safety or regulatory assessment, an exception can be made.”

That can be confusing for consumers, who may believe that a company does no animal testing at all. Those loopholes and inconsistencies allow companies to brand themselves as cruelty-free while making exceptions if they want to trade in countries such as China.

There can be no excuse for causing distress and suffering to animals for the sake of make-up, soap and toiletries. In the global market in which we live, the only way to avoid animal testing of cosmetics is by having a ban across all countries; otherwise, as has been said, testing will simply shift to those countries that allow it. Work towards a ban must run in parallel with the further development of alternative replacement test methods worldwide. The EU can lead on that, working to speed up the development, validation and introduction of alternative testing methods. We know that the EU ban on animal testing has not jeopardised the cosmetic sector. As we have heard, it is the biggest market in the world, and it is thriving.

The EU resolution that aims to establish a global ban on animal testing for cosmetics by 2023 is a real step forward in improving animal welfare and closing loopholes on cosmetic animal testing worldwide. The EU resolution and events such as this debate do much to help increase visibility of this important issue. If countries outside the EU such as Guatemala, India, New Zealand and Turkey can put in place bans, every other country can, too.

Oral Answers to Questions

Baroness Hayman of Ullock Excerpts
Thursday 26th April 2018

(7 years, 9 months ago)

Commons Chamber
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Baroness Coffey Portrait Dr Coffey
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I am pleased to say that that is already under way. My right hon. Friend the Prime Minister recently announced a £61.4 million Commonwealth oceans package to boost global research and development. In particular, £3 million will fund new waste management initiatives in cities, building on the successful waste management programme launched by the Department for International Development in Sierra Leone. We are also funding the £6 million Commonwealth litter programme.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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Does the Minister accept the very weak analysis of UK marine litter in the UK’s “Marine Strategy Part Three”, which has been highlighted by the Environmental Audit Committee? Given that 80% of marine litter comes from the land, is there a plan to monitor litter levels and how the litter reaches the marine environment? When will the Government announce a timescale for the publication of a more accurate assessment of the levels and impacts of marine litter?

Baroness Coffey Portrait Dr Coffey
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A year ago we launched the litter strategy, in which we said that we would estimate a baseline. The inclement weather in the first part of the year has led to a slight delay in the gathering of research findings, but we intend to publish them before the summer so that we can take effective action where there are hotspots. I encourage people to join the clean-up, organised by the Daily Mail and Keep Britain Tidy, which will take place between 11 and 13 May. The purge of plastic goes forever forwards.

Baroness Hayman of Ullock Portrait Sue Hayman
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Obviously, plastic bottle litter is a huge part of the problem. When will the Government take real action? I know that a consultation is taking place, but will the Minister commit herself to introducing, as soon as possible, effective legislation to provide for a deposit return scheme covering drink containers of all sizes, including plastic bottles? Will she confirm that she has the Treasury’s support in working with producers to finance such a scheme?

Baroness Coffey Portrait Dr Coffey
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The front end of a deposit return scheme is pretty common across different systems; the challenge is how the scheme is operated and financed. We need a scheme that will be effective in tackling on-the-go consumption in particular. No other country faces that specific challenge, and that is why it is taking us some time to complete the consultation, which will be published later this year. If legislation is required, we will of course introduce it, but at this stage we need to work out the details of the scheme.

Oral Answers to Questions

Baroness Hayman of Ullock Excerpts
Thursday 8th March 2018

(7 years, 11 months ago)

Commons Chamber
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George Eustice Portrait George Eustice
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My hon. Friend makes a very important point. The common agricultural policy has all sorts of inconsistencies. Having a one-size-fits-all agricultural policy for the whole European Union makes no sense at all, and as we leave the European Union and take back control of these matters, we will have the freedom to design an agricultural policy that works for our own farmers.

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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May I say first how relieved I am that the hon. Member for Tiverton and Honiton (Neil Parish) made it here today to ask this important question?

When the Secretary of State looks at how best to support food producers, he should be aware that the figures of the Department for Environment, Food and Rural Affairs show that 64% of farmers earn less than £10,000 a year and that eight supermarkets control almost 95% of the food retail market. Recent figures also show that farmers receive less than 10% of the value of their produce that is sold in supermarkets. Can the Secretary of State—or the Minister today—tell me, please, what he is doing to tackle this clearly inequitable and unsustainable situation?

George Eustice Portrait George Eustice
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The hon. Lady makes an important point. If we want to move to a position in which farmers are no longer dependent on subsidies, it is important that we support farmers to come together collaboratively, to strengthen their position in the supply chain and ensure that they get a fairer price for the food that they produce. We recently outlined a series of proposals for a statutory code on dairy and a statutory approach to carcase classification for sheep, together with a range of other options.

Leaving the EU: Agriculture

Baroness Hayman of Ullock Excerpts
Thursday 1st February 2018

(8 years ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Bone.

I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for securing the debate and recognising the challenges that we face in Cumbria. There have been many good contributions from Members across the Chamber. I thank my hon. Friend the Member for Bristol East (Kerry McCarthy) for expressing her concerns about food security and labour, which are an important part of the debate.

We have heard that British farming is critical to our economy, providing thousands of jobs and the cornerstone of our food production. It is therefore important for the Government to step up to the plate to get the best deal and maintain the high standards that we have heard about, to enable our businesses and farms to flourish and remain successful. When we negotiate our trade agreements, it is important to make sure that they work for British farming, while protecting the high standards of food safety and animal welfare that our consumers expect. As we have heard from a number of Members, it is important that any deals do not undercut British farming.

Food and farming need to be a clear strategic priority and a cornerstone of the broad industrial strategy that the Government are promoting. I agree that there is a clear need, as hon. Members have said, for a plan to enable food and farming to grow more, so that people have a greater appreciation of British food and are encouraged to buy British at every opportunity. We also need to look at the brand of Britishness to help us to export more and get others to appreciate our high standards.

It is important that we appreciate exactly what is at stake for the farming industry with Brexit. If we get it wrong, that is the nation’s food security, nutrition, environment and public health, as we have heard. Farming is an integral part of the Labour party’s vision of a fairer society—one that tackles the increasing social ills of food poverty, poor diet, environmental degradation and inequality. We believe that we must be ambitious in the creation of our new British agricultural policy, which should aim to establish a new deal and a consensus on what a modern farming industry can do for the economy, rural communities, consumers and the environment. Change cannot be left to market forces alone, as long as farming is critical to our food security and to stewardship of the natural environment.

We have to look at better food labelling, which is vital. If our farmers are to be able to compete fairly under any new trade deals, product labelling must be clear and unambiguous so that people know exactly what they are buying. Such labelling should include the country of origin and method of production.

As we have heard, the issue of farm labour is critical and immediate. Farmers and food manufacturers need to have access to a wider labour market. Without access to that labour, the agricultural sector and food manufacturers will face severe difficulties. A lack of labour will lead to consequences for UK agriculture. We could end up with product being left to waste, the movement of investment and operations out of the UK and, on top of that, price inflation for consumers.

At the moment, the profitability of many farms is too dependent on direct payments from the CAP. Because of the huge diversity in farming and the volatility in many areas, we need to consider how we can support farms to become more resilient, while mitigating the volatility. When it comes to replacing the CAP, we believe that a future payment system must broadly seek to do the following things. We need to look at how we target support to farmers who provide the most public good but may struggle to compete in the market, through no fault of their own—for example, the hill farmers in my Lakeland constituency. Any future system must be transparent as well as relevant. It must be easily accessible—we have heard about broadband—and cost-effective. It should reward environmentally sustainable practice and environmental stewardship, such as the management of habitat and natural resources. I believe strongly that we should recognise the cultural and historical landscape for the benefit of us all.

We should also support flood mitigation through land management, so we need to look at how any future programme can include that. We also need to include technological innovation, and consider how investment in it could meet the aims of improving resource efficiency and animal health and welfare, managing disease and adding value. It could also be used to encourage investment in machinery and software. It is important to support rural communities and family farms as part of any system. They, too, are central to the economy.

In short, any new system must enable profitable and sustainable farming businesses that support a vital and dynamic rural economy. Farmers tell me that their big problem at the moment is uncertainty about the future, so I am looking forward to hearing what the Minister has to say. I hope that anything being developed will provide that certainty and direction for our farmers, so that they can engage in long-term planning for sustainable future prosperity.