Animal Welfare (Livestock Exports) Enforcement Regulations 2024.

Earl of Effingham Excerpts

Tuesday 5th November 2024 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for her introduction. It is a pleasure to support this SI. Since the noble Baroness, Lady Fookes, introduced this into the Chamber by way of a Private Member’s Bill, we have all been anticipating that it would be implemented as soon as possible. The instrument itself and the Explanatory Memorandum are clear as to what is to happen and who will perform the duties of enforcement. Much of it will fall on local authorities which, as we all know, are struggling to make their budgets balance. Can the Minister say whether local authorities will be recompensed for this additional work? The noble Baroness, Lady McIntosh of Pickering, also raised this.

No one has any doubt that animals should not be transported live to Europe or other countries specifically for the purpose of slaughter. It is unnecessary to have transported animals suffering cramped conditions, often with no access to water and food, and for disproportionately long periods. Animals which are going to slaughter should be dispatched as near to their living quarters as possible. The distress that transportation causes should be kept to a minimum and access to abattoirs should be within close proximity. Other noble Lords have referred to this.

I have received a brief from the RSPCA, which has asked two questions. First, how does the instrument ensure that transporting live animals for slaughter or further fattening, including horses, is not authorised to Northern Ireland from England, if they would then be re-exported to the Republic of Ireland? The noble Lords, Lord Trees, Lord Elliott and Lord de Clifford, also referred to this matter. Secondly, the RSPCA asks: when will the Government come forward with proposals on improving the rules on the internal transportation of live animals in England, now that it is no longer limited by the transport times in Regulation 1/2005? I would be grateful if the Minister could provide answers to these two questions.

I also have a question of my own relating to the date of implementation for this SI. In the EM, at paragraph 5.2, we learn that Royal Assent was granted for the Act on 20 May of this year. Then in paragraph 5.3 we learn that the prohibition on transportation of live animals from and through the UK

“came into force on 22 July 2024”.

Again, that is this year. However, in the SI itself, Regulation 1(b) states—I am sorry that this is very nerdy —that the regulations

“come into force on 1st January 2025”.

I would be grateful if the Minister could clarify whether the ban is already in place, as from 22 July, or whether animals will have to wait until 1 January 2025 to be totally protected. I realise that no animals have been exported for slaughter since 2020, but it is important that the dates on the legislation are accurate.

I look forward to the SI which will come forward to cover horses, as referred to by the noble Baroness, Lady McIntosh of Pickering. Apart from these queries, I totally support this vital SI and the sooner that it is enacted, the better.

[The Earl of Effingham (Con)]

My Lords, His Majesty’s Official Opposition welcome the Government’s Animal Welfare (Livestock Exports) Enforcement Regulations 2024. In government we took the issue of animal welfare very seriously, as evidenced by the passing of the Act to which this statutory instrument refers. The Animal Welfare (Livestock Exports) Act 2024 prevented the exportation of livestock for the sole purpose of slaughter or preparation for slaughter and received cross-party support.

We are pleased that the current Government continue to focus on this area by implementing the practical steps to ensure that the correct people are held responsible. Increasing the necessary requirements of evidence submission will allow inspectors to examine more closely the intentions of a transporter and ensure that there is sufficient evidence to indicate that an animal is not being taken to slaughter.

I thank the Minister for bringing this statutory instrument forward. We are satisfied that this is a sensible approach and have no issues to raise.

[Baroness Hayman of Ullock (Lab)]

I thank all noble Lords who have contributed to today’s debate. It has been a good debate and I am pleased that so many noble Lords have taken part in it, because this is an important piece of legislation and we were very pleased when in opposition to support the Bill through Parliament to becoming an Act.

As I said, the instrument contains a proportionate set of powers necessary for the Animal and Plant Health Agency and local authorities to enforce the live exports ban effectively. Without these powers to carry out checks and investigations and take enforcement action, there is a risk that the ban could be undermined.

I will check to make sure that I have answered the questions that were asked properly. If I have not, I will get back to noble Lords. There were some questions around equines—horses—from the noble Baroness, Lady McIntosh of Pickering, and the noble Lord, Lord Trees. The noble Lord, Lord de Clifford, also mentioned horses. One question was around the delay in bringing in pre-export controls for equines. I am sure that noble Lords are aware that equines are currently exported for multiple purposes ranging from bloodstock moves to leisure activities. They can be privately or commercially transported and fall under numerous industry bodies or none at all. Registered equines are not subject to journey log controls, so at present there is no control point at which intervention by the regulator can occur to stop an export movement that might contravene the ban.

Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2024

Earl of Effingham Excerpts

Tuesday 5th November 2024 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for introducing this SI. It is right that the common hippopotamus, the killer whale, the narwhal and the sperm whale are to be included in the category of protection for their ivory. I have to say that it has taken a long time to reach this point. In 2018, when we were discussing the Ivory Bill, the Minister’s predecessor on the Labour Benches, the noble Baroness, Lady Jones of Whitchurch, who I am delighted to see in her place, was tireless in trying to persuade the Government to include narwhals and other species in the categories to be classed as having ivory, but to no avail. The then Conservative Government were content to leave it at elephant ivory. The passage of the Bill was not easy, with the antique ivory lobby pressing hard for exclusions to the Bill. I began to wonder whether we would ever get the ban on elephant ivory through, but in the end we succeeded.

I realise that the noble Lord, Lord Carrington, will not share my view. He referred to the destruction of items made of ivory that are of no antique value but are sent to landfill. He also referred to scrimshaw items made by sailors. I have some sympathy with his view on these items and I look forward to the Minister’s answer to his question about changing the policy on destroying ivory.

The noble Baroness, Lady Rawlings, referred to historical antique ivory collections that may have been donated to museums and form part of history. This is a very valid argument. I note that a public consultation that took place between 17 July and 11 September 2021 overwhelmingly supported the measures we have before us.

Paragraph 7.1 of the EM states:

“Walrus ivory is not included in the extension of the Act under this instrument because it will remain prohibited subject to certain narrow exemptions under Council Regulation (EC) No 1007/2009”,


which relates to the Windsor Framework. The Minister referred to this exemption, but I am slightly confused by it and would be grateful if she could explain exactly what it means in terms of protection for the walrus species.

I am reassured that items containing ivory or made of ivory will be protected. I am also pleased that the burden of proof will lie with any accused to prove that the item is not ivory from an elephant or from the other four species covered in the SI. Scientific tests are to be used to determine the exact origin of the article and the age of the antique artefacts.

I welcome that this debate has covered both sides of the argument and we have heard opposing views. Nevertheless, I fully support this SI.

[The Earl of Effingham (Con)]

My Lords, His Majesty’s Official Opposition are in favour of any measures to preserve the rich tapestry of species on this planet, particularly those threatened with extinction. However, we have some concerns, not with the objective of this SI and the Ivory Act more broadly, but with some of the consequences of its drafting.

The SI extends the definition of ivory to include whale teeth and narwhal tusks. Although we agree with the banning of selling of modern items manufactured from these sources, there is no modern market for whale teeth or narwhal tusks. Old pieces of art, such as inscribed sailor’s knives or mounted narwhal tusks, will fall foul of these regulations and will have to be landfilled.

As we have heard already from my noble friends Lady Rawlings and Lord Carrington, there is virtually no import or export trade in whale teeth or narwhal tusks. In 2022, there were no commercial imports of sperm whale teeth, and just two teeth were exported. Narwhals are not on the International Union for Conservation of Nature’s endangered list.

While it could be argued that this legislation is an important aspect of our soft power, it is debatable whether this soft power has worked. It has not had much influence on the EU, which bans the import and export of ivory but allows it to be traded within the EU. Will the Minister please clarify to the Committee what outcomes she foresees from this decision? Will she outline why these measures have been implemented and say whether she can see that they may have unforeseen and unintended consequences?

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords for their contributions to the debate and for raising important points. As described earlier, extending the Act to these four species demonstrates UK leadership in support of international conservation efforts, setting an example at home to encourage similar actions globally. It makes the existing ban more effective and adds protections to four species that will complement those already in place internationally under the Convention on International Trade in Endangered Species.

I was involved with this the first time around, back in 2018, and, as the noble Baroness, Lady Bakewell of Hardington Mandeville, said, it seems to have taken an awful long time to get here. I wonder whether, like me, she had a stuffed narwhal on her desk—which my grandchildren have now chosen to play with. From our perspective, it is good to see these regulations in front of us.

This measure is part of a comprehensive package of UK leadership to tackle the illegal wildlife trade and reduce poverty, including through our Illegal Wildlife Trade Challenge Fund, which has allocated £57 million to 173 projects across 60 countries. These projects are reducing demand for illegal wildlife products, strengthening law enforcement, establishing effective legal frameworks and promoting sustainable livelihoods.

I turn to answer some of the questions, and hope that we do not have another vote in the middle this time. I will look first at the consultation and stakeholder engagement that took place ahead of this. There was a call for evidence in 2019 and a public consultation from 17 July to 11 September 2021 on extending the Act to other species. The consultation received 997 responses and a clear majority supported an extension to these species. The previous Government published their response to the consultation in May last year.

There is a conservation risk to each species as exhaustible natural resources, which includes the trade in their ivory, both legal and illegal, and how this relates to their conservation status and other threats that they face. There was a clear demonstration in the proportion of respondents who supported this option and the comments submitted that commercial exploitation of species that are endangered or accepted as being in need of protection from the threat posed by trade in their parts violates public morality. So that was the consultation and its outcomes.

The noble Lord, Lord Carrington, asked specific questions around the effectiveness of the Act. One was how many elephants had been saved to date. This is a cross-cutting policy, so it is not possible to say what impact the Ivory Act alone has had. For example, the Illegal Wildlife Trade Challenge Fund is a grant scheme that funds actions to tackle illegal wildlife and poverty reduction in developing countries. These projects contribute to reducing the demand for illegal wildlife products, strengthening enforcement and establishing effective legal frameworks, and promoting sustainable livelihoods through innovative approaches, partnerships and evidence-based interventions that protect endangered species, including elephants. So I cannot be specific, but it does play a role.

The noble Baroness, Lady Bakewell, asked for more information about why we are not extending it to walrus. As I said, walrus were included in the original consultation but are not now, because they continue to be protected under existing regulations on the trade in seal products. Under these regulations, seal products, including walrus ivory, can be imported and placed on the UK market for sale only in very limited circumstances and subject to strict conditions. You can bring seal products to Great Britain and sell them only if they qualify under the Inuit and other indigenous communities exemption and have a seal catch certificate. This is an attestation document that proves that the item is exempt and that the seal products are certified as coming from a traditional hunt carried out by the Inuit or other indigenous communities. The hunt must be carried out for and contribute to the subsistence of the community, and must consider the welfare of the animal. I hope that goes some way towards answering the question from the noble Baroness, Lady Rawlings, around the fact that we work with indigenous communities on these pieces of legislation.

Further questions from the noble Lord, Lord Carrington, were to do with trade and why we decided to add these species. The main problem is that international trade in these species needs to be regulated to ensure that it does not threaten the species’ survival. The UK is also a net exporter of ivory from these species, and we are concerned that it fuels global demand and the market for these ivories.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

My Lords, I was just going through the exemptions to the Ivory Act and had just finished talking about portrait miniatures. Also exempt are items a qualifying museum intends to buy or hire and items made before 1918 that are of outstandingly high artistic, cultural or historical value. I mention that because it has come up quite a lot during the debate, and for clarification because it is some years since the Act came into play.

The noble Lord, Lord Trees, asked a specific question about people going on holiday, small items and so on. This fits with the question from the noble Baroness, Lady Rawlings, about indigenous peoples. To be clear, the Act bans imports for the purposes of dealing. Individuals who are visiting communities outside the UK can purchase items from them directly and bring them into the UK as personal possessions as long as they meet the requirements under CITES. That provides clarification on that point.

With that, I hope I have answered most questions; I will check and come back to noble Lords if I have not.

[The Earl of Effingham (Con)]

I think the Minister said that narwhals are an endangered species, but we believe that they are not endangered; there are around 80,000 mature adults in their population. If the Minister could come back to us at some point, it would be much appreciated.

[Baroness Hayman of Ullock (Lab)]

I clarify that all four species being added to the Act are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. I hope that helps to answer the noble Earl’s question.