Environmental Targets (Fine Particulate Matter) (England) Regulations 2022

Lord De Mauley Excerpts

Monday 30th January 2023 Lords Chamber

[Lord Whitty (Lab)]

My Lords, I have long taken an interest in this subject. When I came into this Chamber I did not intend to speak, but I was utterly shocked by the way the Minister—who in many respects I have some respect for—dismissed the case for a much more ambitious target. My noble friend has set out in great detail how that could be achieved, and why it should be achieved.

I was, until recently, the president of Environmental Protection UK, whose origins were in the National Society for Clean Air, which proposed the Clean Air Act in the 1950s. It was the Minister’s predecessors, in the Conservative Government of Anthony Eden—which does not have a high historic record—who adopted the Clean Air Act when they were told by people, like those who have got at the Minister, “You’re going to try and change people’s habits and they’re not going to stop burning coal”—but they did. I speak as a child bought up in London with asthma in the 1950s. Those five years, in which they cleaned up London, probably mean I am still alive and here in your Lordships’ House today.

It was incredibly dismissive of the Government to condemn those who were advocating tighter regulations. They are based on strong medical evidence; the campaigns that the evidence here dismisses are mainly informed by strong medical evidence that this kills, it deforms and it limits life in all its respects. The Minister needs to take a grip, think again and come back and respond to my noble friend with something better. Otherwise, this Government have something to be seriously ashamed of.

[Lord De Mauley (Con)]

My Lords, we all have a growing understanding of the devastating effects of PM2.5 and particulate matter in general on human health, and we welcome efforts to bear down on them. I think I heard the noble Baroness sidestep the question of what an appropriate target was, preferring simply to demand more ambition. Although other noble Lords have made some suggestions, she did not answer my noble friend the Minister’s question of what actions she specifically proposes should be banned or seriously cut back. It is important that the public know what they are.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction to this SI. The noble Baroness, Lady Hayman, has spoken in detail about the lack of ambition and urgency in the Government’s regulations on fine particulates, and previous speakers have made powerful arguments for more ambitious targets.

I fear I feel like a single-track CD that is on continual replay, continuously playing the same track or, in my case, repeating the same arguments. The Secondary Legislation Scrutiny Committee, of which I am currently a member, has drawn the attention of the House to the issue of reducing concentrations of PM2.5, the pollutant causing the most harm to human health. The extensive consultation carried out by Defra drew responses on this regulation from Friends of the Earth, Greenpeace, the Woodland Trust and Asthma + Lung UK, all of whom jail felt the annual mean concentration target—the AMCT—of 10 micrograms per cubic metre at the sites of the highest level of concentration by December 2040 was not adequate. The Royal College of Physicians has written to me saying:

“Air pollution and poor air quality are a significant and growing public health challenge. In 2016, the RCP alongside the Royal College of Paediatrics and Child Health published Every Breath We Take. This report examined the impact of exposure to air pollution across the life course.”


The report found that around 40,000 premature deaths every year in the UK were attributable to exposure to outdoor air pollution.

The Healthy Air Coalition stated that the EU Commission proposes that this same target, of 10 micrograms per cubic metre, be reached by 2030 —10 years earlier than Defra’s target of 2040. The Healthy Air Coalition also asked why the requirement for a minimum number of monitoring stations will not come into effect until January 2028. Without these stations it is extremely difficult to have confidence in our ability to monitor the particulates and meet the targets, even at their very unambitious levels. Defra’s response to the questions on this were that it expected the monitor network to be completed in the next three years, but it had allowed for unavoidable slippage in building, networking and testing. Therefore, the legal requirement was going to be 2028.

The consultation responses from all quarters were clear that the targets were unambitious and should be higher. Despite this, as with all the other five areas of environmental targets, no change was made to the final targets. As this is the last of the six target areas to be debated, I ask the Minister how much the consultation exercise has cost in total? How many hours of Defra staff time were spent analysing and collating the responses? Given the very large number of responses—over 181,000—were extra resources deployed and temporary staff employed in order to help deal with the level of responses?

Defra spends a lot of time consulting on various pieces of legislation. I therefore imagine that the consultation department is used to the processes involved and is efficient in collating the resulting responses. On this occasion, to totally ignore and override the submissions received, and stick to the original targets, gives a very strong impression that Defra’s mind was already made up long before the consultation started. Defra was only paying lip service to the process. Meanwhile, those who suffer from asthma, bronchitis and other respiratory tract conditions, long-term and short-term, are left with no hope of improved air quality in the immediate future. That really is unacceptable. Given the level of concern on the total lack of meaningful response to the consultation exercise, if the Minister is not able to answer my questions on costs and staff resources this evening I would be grateful if he could write to me with the necessary information and put a copy of his response in the Library.

Genetically Modified Organisms (Deliberate Release) (Amendment) (England) Regulations 2022

Lord De Mauley Excerpts

Monday 14th March 2022 Lords Chamber

[The Earl of Lindsay (Con)]

My Lords, like the noble Viscount, Lord Hanworth, I am a member of the Secondary Legislation Scrutiny Committee, or SLSC, which is an easier mouthful to get through. Also like him, I believe that our report has been misunderstood in some quarters. It was not seeking to comment on the purpose of these draft regulations but acknowledged that there were shortcomings in how they had been laid. The shortcomings did not add up to the summary that the noble Baroness, Lady Bennett, used—that we saw them as technically flawed—but none the less we set out in the report where we saw shortcomings. We felt, for instance, that there should have been more detail in the Explanatory Memorandum, we could have done with more clarity regarding the qualifying criteria, and we felt that the relevant guidance should have been available to the SLSC at the same time as our scrutiny of the draft regulations.

The concerns we set out in our report are not at all unusual and I regret, I think on behalf of the whole committee, that this is the case. Too often at the moment we find that the parliamentary scrutiny of proposed SIs is hampered by the accompanying information being short on detail, obscure or indeed missing altogether, such as with impact assessments that are due but have not been produced on time. As a committee, we raised some of these systemic concerns in our recent report Government by Diktat: A Call to Return Power to Parliament, which I hope the House will have an opportunity to debate in due course.

My second, indeed main, point is about the purpose of these regulations, which I strongly support. I welcome the prospect of controlled field trial research involving plants produced by genetic technologies such as gene editing, where the resulting genetic changes are the same as those that could have been developed using traditional plant-breeding methods. Gene editing is a potentially transformative research tool, and plant-breeding techniques are much more precise, effective and rapid than the traditional breeding methods can ever hope to deliver.

My noble friend the Minister made a very relevant point: current regulations in this area are outdated; they were enacted more than 30 years ago, before these techniques were even conceived of, let alone developed and applied. We need to reform and update these regulations, particularly in relation to gene-editing techniques. Indeed, this is also recognised at an EU level. The SI marks a relatively modest but very important step towards aligning our regulatory approach with the approach already adopted in other parts of the world. The other reasons I support the SI have been well articulated by the Minister, so I will not repeat them, given the hour.

[Lord De Mauley (Con)]

My Lords, I will be brief, but I start by declaring an interest as the owner of a farm. I am a newcomer to the Secondary Legislation Scrutiny Committee, but there is a danger here that those reading our reports could confuse our criticism of the Government’s process, which is our legitimate purpose, with criticism of the policy, which is neither our purpose nor our duty.

Unfortunately, much of the developing world has been misled into a suspicion of GM technology by a misapprehension that the EU has operated under a blanket ban on GM crops for many years. The reality is different: in fact, the EU has a long-standing regulatory process designed specifically for GM crop approval. In practice, however, polarised views across the EU member states have meant that the scientific evidence has often been ignored, crops have remained stuck in the system, and it was therefore difficult to make progress. However, views seem now to be changing in the EU.

Agriculture Bill

Lord De Mauley Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Thursday 23rd July 2020 Lords Chamber

[Lord Trees (CB) [V]]

My Lords, it is a pleasure to have added my name to and support Amendment 258, tabled by and introduced so superbly by the noble Baroness, Lady Mallalieu. I draw attention to my interests as previously declared in this Committee.

In 2018, the House of Commons EFRA Committee recommended that the Government should introduced mandatory methods of production labelling, which is the aim of the amendment. It is based on similar amendments introduced earlier in the other place by Conservative Members of Parliament and I know that this is a matter of much interest to the Government. Indeed, after the Second Reading of the Bill the noble Lord, Lord Gardiner, noted

“The Government has committed to a rapid review … of the role of labelling to promote high standards and animal welfare”.


I welcome that statement very much and I look forward to progress.

Previous amendments and subsection (2) of this proposed new clause refer to methods of production labelling. While that is an important step, it is not always as easy to do in practice as it appears in theory. The term “free range”, for example, has been hugely influential in terms of boosting the sale of eggs from chickens kept free range, but it is not always easy to encapsulate complex rearing, feeding and husbandry systems in such concise and easily understood terms. That becomes particularly challenging with cattle rearing and maintenance. Currently in the UK, “grass fed” just means predominantly grass fed; that is, as little as 51% of the diet is grass based. Interestingly, I note that in the USA, it is mandatory for the term “grass fed” to be supported by an independently audited labelling system to indicate the actual percentage.

Another important consideration is that while input measures such as methods of production will influence welfare, the connection is not always as it may seem. For example, outdoor rearing sounds lovely, but there can be negative aspects to it such as exposure to certain parasitic diseases, just as there can be negative aspects associated with indoor rearing. I say that to emphasise that this issue is nuanced and complex. The amendment recognises that by referring not only to methods of production but also to welfare outcomes, which are increasingly being recognised as the ultimate and ideal way to categorise the welfare impact of different production systems. Of importance too in the amendment is the inclusion of method of slaughter, which has been called for by, among others, the RSPCA.

Labelling is not as easy or simple a goal as it may seem, but it is a goal worth achieving, and it is achievable with effort. After all, it is about giving the consumer choice. If the statutory protection of our high animal welfare, environmental and food standards is not to be put in place for imported food, labelling is potentially a very important means of ensuring that the consumer can determine whether the imported food they buy is produced to equivalent standards to our own. In this respect, I note with interest that Clauses 35 and 36 make provision for the certification of organic food products in the UK and overseas with the drawing up of regulations with respect to, among other things, the mitigation of climate change and the protection of the health and welfare of livestock. Imported products, in order to be designated organic, must comply with these standards.

Interestingly, of course, we do not have equivalent legislation for non-organic food products. The establishment of a similar certification scheme for non- organic products that is backed by statute for ethically produced food products that might be called, say, “UK quality assured” that would be available to UK and imported food products would be a major step forward. It could be developed in collaboration with existing food assurance schemes using labelling along the lines suggested in the amendment or revisions of it. That would not be as ideal as a blanket legal requirement that all imported food should meet certain standards, but it would comply with WTO rules and complement the proposed trade and agriculture commission. Are the Government considering such developments, and if not, will they do so?

Our consumers are increasingly knowledgeable and discerning about food matters, and we know that issues such as animal welfare and the environment are of huge importance to the public. There is very considerable demand for further information on these issues to be available with the food we buy or consume, when we buy or consume it. There is also an opportunity to develop a voluntary system of certified minimum standards recognised internationally, which I have mentioned above, and which would complement this amendment.

As outlined in this amendment, statutory labelling to describe the method of production, slaughter and/or welfare outcomes associated with all food products—of whatever origin—would help consumers make their own choice and would help to maintain high welfare and environmental standards.

[Lord De Mauley (Con) [V]]

My Lords, like the noble Lord, Lord Trees, I would like to speak to Amendment 258. On 25 June, the Government announced that they would consult on mandatory labelling provisions by December this year. This amendment builds on that verbal commitment, to mandate in legislation that the Government must report to Parliament, within six months of the Agriculture Act coming into force, how they will take forward mandatory labelling provisions, what they will cover and when regulations will be adopted. It sets a timetable of six months for the report and one year for the regulations to be laid.

At present, there is only one mandatory method of production labelling scheme, for shell eggs, as the noble Baroness, Lady Mallalieu, said. This has been in place for 17 years and has been highly successful in driving up animal welfare standards, providing consumers with clear information on animal welfare provenance and helping British egg farmers.

In 2020, over 55% of British egg production is on free-range systems, up from only 15% when the scheme started in 2003. It is clear that, where other sectors have only voluntary labelling on methods of production —such as for chicken, pork meat, bacon and beef—consumers can experience difficulty choosing higher-welfare products, and farmers who wish to raise their standards are hindered in doing so.

This amendment would change that situation by asking the Government for a clear timetable on announcing the sectors and species they intend to bring into mandatory production labelling. Of course, this is particularly important as we seek new trade deals. Giving consumers clear information on provenance and production methods will help support UK farmers and raise standards. If imports of a product are permitted, consumers need to be able to choose to prefer or avoid certain methods of production. A mandatory labelling scheme provides this assurance and gives transparency in the market.

The six-month timescale proposed by the amendment for the Secretary of State to publish a report detailing proposals is broadly in line with present government commitments to produce such a report by the end of the year. Moving this forward swiftly would give producers and retailers time to plan for labelling provisions and allow a year before regulations need to be laid, giving them enough time to implement the provisions.

[Lord Addington]

My Lords, this is a very wide-ranging set of amendments. I feel slightly sorry for the noble Baroness, Lady Worthington, because I thought her amendment was a good one with good points, but it seems to have been rather left behind by the debate.

If we are to keep up standards in agriculture, there will be costs, which the consumer will ultimately have to bear. If we do anything to undermine that, products simply will not be purchased in sufficiently high numbers for many of our producers to carry on.

I am not just repeating the noble Baroness, Lady McIntosh of Pickering, in parrot-fashion: this is exactly what happened in the past. If your production levels are left behind and your prices are too high, people buy something else. It was called the great agricultural depression when the steam ship and a free market policy opened up the prairie and the pampas to production. Look it up: most British farmland was rough grazing.

So it is clear that, if we need to keep people in production, and to keep that production going, we need to maintain standards. The noble Baroness, Lady McIntosh of Pickering, said in conversation to me that everything has been too reasonable. Well, I give her all the encouragement to be as unreasonable as she likes on this one. I hope that the Minister will take away the need for it by agreeing to make sure that standards are kept. If they are not, I am afraid that we are going to have to readdress this issue at every available opportunity.

Agriculture Bill

Lord De Mauley Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

[Lord Northbrook]

My Lords, I partially support the amendment moved by my noble friend Lord Lucas. Assistance should be given to training but there should not be just blanket financial assistance in this area. Last week, I received a letter from Defra about the environmental land management summary document; before I move on to that, let me put on record my thanks to the Minister for his tremendous work in tightening up matters at the RPA and improving BPS payment times.

The letter said, “Environmental land management: we want to hear your views”, and explained that, going back to February, there was a 10-week national conversation, which has been delayed due to coronavirus —fair enough. It also said that Defra was launching webinars, which I will take part in over the next few weeks. Then there is a six-page document setting out, very helpfully, broad details of the various tiers. I will summarise the purposes of each. Tier 1’s purpose is to incentivise environmentally sustainable farming and forestry and help to deliver environmental benefits; that is perfectly clear. Tier 2’s purpose is to incentivise the management of land in a way that delivers locally targeted environmental outcomes; that is a little more difficult. Tier 3’s purpose is to deliver land use change projects of a landscape scale to deliver environmental outcomes; that is not clear at all, in my view.

Then there is a chart about how you decide whether to participate in these schemes. Two key boxes say, “I decide which environmental outcomes and associated actions I am best placed to provide on my land”, and, “I develop a plan and submit my application”. For larger farmers, with the aid of advice, that will be not such a difficult thing, but as the noble Lord, Lord Carrington, said, for small and medium-sized farmers, it will be a very daunting task. Those farmers should get the financial assistance.

[Lord De Mauley (Con) [V]]

My Lords, I reiterate the declaration of my interests as a landowner and land manager.

In the context of my noble friend’s Amendments 58 and 119, I draw the attention of my noble friend the Minister to the agricultural associations and societies, which have been getting a bit of coverage on Radio 4’s excellent “Farming Today” programme this week. There are about 200 agricultural and show societies in the United Kingdom, many with histories stretching back to the agricultural revolution in the 18th century. Much in line with these amendments, they are there to support, represent and indeed connect providers of advice with those who make up the agricultural industry and to provide a showcase for anything that members of the public might want to know about food, farming and rural life.

My noble friend Lord Caithness referred to the county agricultural shows. I know that the Minister and other noble Lords will, like me, have visited many of the annual summer county agricultural shows in recent years—although, sadly, of course not this year.

All the agricultural societies are charities in their own right. Wales, Northern Ireland and Scotland hold their own national shows, as well as many regional and county shows, as does England, which has 15 significant societies, each of whose visitors number more than 60,000 per show in a normal year. What I might call the top 18—the Scottish, Northern Irish and Welsh national societies and England’s top 15—welcome a total of 1.8 million visitors just at their annual shows. The likely combined economic value of these events is in the region of £450 million to £500 million. Taking in other year-round activities, this probably increases to about £800 million. The remaining very large number of agricultural society shows around the country could account for a similar economic impact.

Show grounds, a number of which are permanent, also act as venues for a wide range of year-round events and activities supporting business, leisure and tourism across the nations and regions. Each of the societies offers educational activities throughout the year, as well as providing a forum for conferences and events aligned to and supporting the agricultural sector. Formal links exist with local further and higher education institutions and research centres focused on promoting the skills and careers that the industry needs and offers.

Like many other businesses and organisations, the agricultural associations face uncertainty, especially regarding the next one to two years. Their major events, such as the annual county agricultural shows, take at least nine months to prepare for, and without any support after October, particularly from the current furlough scheme, they could find themselves facing a bleak future. Many of them are already running a slide rule over a “no show in 2021” scenario. As my noble friend Lord Caithness said, the agricultural societies are not asking for special pleading. What would really help them is: first, clearer guidance on mass-gathering indoor and outdoor events by no later than September this year; secondly, recognition of the impact of their unique sector as part of the fabric of agriculture in the UK; and, thirdly, financial assistance, perhaps under the replacement for Pillar 2 if it becomes clear that next year is in jeopardy, particularly, as I said, as the current furlough support will end in October.

Policymakers need to bear in mind that, although heritage and tradition are themselves important, the collective economic and jobs contribution from the agricultural societies is significant. Their collective reach is international and they contribute more broadly to UK plc—for example, through tourism. Therefore, I take this opportunity to ask the Minister to look into the plight of the agricultural societies and to see what he can do to help.

[Baroness Bakewell of Hardington Mandeville [V]]

My Lords, the provision of advice to farmers at various stages of the Bill is essential. I listened carefully to the noble Lord, Lord Lucas, and the noble Earl, Lord Caithness, talk to Amendments 58 and 119. Agriculture is moving from one system to a completely different method of funding, and farmers will be uncertain about how this will operate and what is expected of them. I therefore completely agree that a system of advice-based support is needed.

The noble Lord, Lord Cameron, and my noble friend Lord Addington spoke in favour of an advice system. There will be a few farmers who are unwilling to make the necessary changes to ensure the protection of the environment and the restoration of land to encourage the return of bird, insect and plant species. For those, it might be necessary for a sanctions-based system to be coupled with advice to encourage them to conform. It will be at best unhelpful if there are one or two renegades who spoil the overall thrust of the Government’s measures.

The noble Lord, Lord Carrington, spoke of the difficulties and the digital divide. Rural areas are very poorly served by wi-fi and broadband, which are essential for farming communities.

I fully support Amendment 122, in the name of the noble Lord, Lord Grantchester. The list of measures to be taken into account in proposed new subsection (2) are essential, especially the impact on the environment, alternative methods of pest control, and food safety. To have this list on the face of the Bill will help farmers to have a much better idea of what is expected as they move towards the new system and, I hope, will remove the need for any sanctions further down the line.

The noble Lord, Lord De Mauley, and the noble Earl, Lord Caithness, have raised the plight of the county shows and all the good work they do. They are an essential part of the farming and rural communities, and I have visited many very many of them over the years. They need certainty for the future and funding.

I trust that we are not too far into the debate for the Minister to have become reluctant to accept the arguments made. Advice is absolutely essential.

Agriculture Bill

Lord De Mauley Excerpts

Committee stage & Committee: 1st sitting (Hansarad) & Committee: 1st sitting (Hansarad): House of Lords
Tuesday 7th July 2020 Lords Chamber

[Lord Judd (Lab) [V]]

My Lords, my interests, all unremunerated so far as they are relevant to the Bill, are listed in the register. I hope that the noble Lord, Lord Gardiner, as he listens to these amendments, will be encouraged and proud that he has stimulated so much interest among his fellow Peers and that so many are anxious to help him ensure that the Bill is as effective as it should be. I always enjoy following the noble Lord, Lord Inglewood. As someone who lives in Cumbria, he has illustrated again today why he is held in such widespread respect. He always speaks with knowledge, experience, balance and wisdom and we should be grateful for that.

I strongly support Amendment 83, in the name of the noble Lord, Lord Greaves—in many ways, I wish I had put my name to it. If financial assistance is to be effective, it must be informed by reconnaissance and strategic understanding of all that is associated with the specific objective for which it is being given. This amendment makes a terrific contribution to the quality of the Bill by pointing out that it is essential to look at all the other activities, many of which will be receiving government assistance in their own right, and to make sure that what is being done fully harmonises with them. It strengthens the effectiveness of what is being sought. It also makes for better financial accountability, because it is possible to see how relevant the financial support really is. It does a great deal to enhance the potential contribution being made. The noble Lord, Lord Greaves, has done a great service by bringing to bear his considerable experience on the front line of local government and rural affairs. I hope that he will pursue this issue on Report, if necessary, and that the Minister will feel able to respond positively.

[Lord De Mauley (Con) [V]]

My Lords, I will speak briefly on Amendments 5, 17 and 27, in the name of my noble friend Lord Lucas. I declare my interest as a landowner and land manager, and as Master of the Horse. My concerns centre on the fact that the breeds of semi-wild, native ponies on Dartmoor and Exmoor, and in the New Forest, are, in some cases, on the critically endangered list, yet represent important gene pools which we lose at our peril. These genetic resources could offer a sustainable way to increase food production and/or improve our capacity to adapt to climate change. They could also help us tackle the emergence of new animal or plant diseases by contributing to a breadth of genetic traits. As has been found in areas such as plant science, genes from ancient species can help us tackle 21st-century problems. These ponies do not fit neatly within the definition of wildlife, any more than they do within that of livestock. Amendments 5 and 17 could mean that the potential financial support and protections currently offered by the Bill for semi-wild pony herds is significantly impaired.

For the same reason, like the noble Baroness, Lady Mallalieu, I have significant—perhaps greater—concerns about Amendment 27. Removing the word “native” would destroy the whole reason behind the clause, changing its meaning entirely. The Explanatory Notes point out that the clause is concerned with

“the conservation and maintenance of UK native Genetic Resources relating to livestock or equines.”

As the noble Baroness said, Amendment 27 might also inhibit the UK’s ability to comply with our obligations under Aichi target 13 of the biodiversity convention and sustainable development goal 2.5, which require us to conserve the genetic diversity of the UK’s livestock breeds. If Amendment 27 were upheld, it could lead to the waste of a great deal of public money because it would support investment in any breed, without differentiation. I am afraid that I cannot, therefore, support these amendments.

[Lord Morris of Aberavon (Lab) [V]]

My Lords, I will say a few words in support of Amendment 78. I come from a long line of sheep farmers and I have no financial interest to declare, other than that my brothers, nephews and nieces continue the long family tradition. As I said at Second Reading, I am fully aware that the Bill applies to England and that it is for the devolved Governments to phrase their own financial provision, as they should, agriculture having been devolved. However, there is, allowing for divergence, an emphasis on a single UK market. For some years, the agreement reached with the Welsh Government will make that provision. My noble friend Lord Adonis coupled Wales with Scotland. He failed to understand the different approaches of Wales and Scotland in the agreements they have reached. The Welsh Government will, I suspect—hope—take fully on board what happens in England in the way agricultural support is drafted, and draft legislation suitable for the needs of Wales.

I will make three points. First, hill farmers operate on very narrow margins and survive, to some extent, on the present financial assistance. Secondly, there is only limited opportunity for alternative uses of the hills and marginal lands. Thirdly, there are possibilities for encouraging other financial uses of premises, particularly for tourism. It would be a great loss to the country, and to my nation in particular, if any substantial part of the hill farming industry went out of existence. The loss would not be confined to those engaged in the industry; it would affect those who enjoy the countryside and who visit the area from time to time.

Bearing in mind Gray’s elegy, an empty countryside would be very much less attractive to everyone. Hence, we need a policy for hill and marginal land. Do we believe in maintaining them, and to what extent? What financial support should we contemplate? This is crucial, so that such farmers can plan for the future. It would be an enormous loss to the whole country if we allowed hill farmers and marginal farmers to wither on the vine. I am therefore anxious to hear the Government spell out in detail their plans, so that those farmers know where they stand, what they can look forward to and what other financial support they can hope to receive.

--- Later in debate ---

[The Deputy Chairman of Committees]

I call the noble Lord, Lord Naseby. We cannot hear him so we will move on to the noble Lord, Lord De Mauley, and will try to get the noble Lord, Lord Naseby, back later.

[Lord De Mauley [V]]

My Lords, I will speak briefly to Amendment 103, the impact of which would be to limit the range of activities benefiting from the Secretary of State’s financial support outlined in the Bill. In line with my comments on the last group of amendments, I consider that to do so would risk closing off the incentives for farmers and landowners to use native equines for conservation grazing in regions away from where they are traditionally bred. For Dartmoor, for example, this would dramatically shrink the size of the sink where the rare genetics of the Dartmoor hill pony, whose benefits I spoke of in my comments on the last group, would be safely held.

Such ex situ sinks are essential if the populations on Dartmoor ever need to be replenished: for example, if the semi-wild herds on the moor were devastated by disease. That would risk the loss of the rare genetics such ponies hold, which are so important to surviving and grazing on the uplands, creating habitats for wildlife. It would shrink a market selling native ponies as conservation grazers and would exacerbate animal welfare problems. If not sold, semi-wild native ponies, which must leave the upland herds in order to comply with number limits imposed by Defra agri-environment schemes, will be culled. So I am therefore very concerned by this amendment.

Ivory Bill

Lord De Mauley Excerpts

Report stage (Hansard): House of Lords
Wednesday 24th October 2018 Lords Chamber

[Baroness Quin (Lab)]

My Lords, I will speak to my Amendment 28, which is grouped with Amendment 2, which has just been moved by the noble Lord, Lord Cormack. Once again, I seek to entertain Members of your Lordships’ House with tales of the Northumbrian pipes. My amendment covers a very narrow part of the music industry, but I hope that it will receive sympathetic consideration today. I should declare that I am the president of the Northumbrian Pipers’ Society, which is not a paid role but one that I am very proud to have. I also declare that I own two sets of Northumbrian pipes, but neither contains any ivory.

In Committee, sympathy was expressed on all sides about the fact that the sale and hire of a small number of Northumbrian pipes—even a small number of Northumbrian pipes is quite a large proportion of the Northumbrian pipe market—would be caught by the Bill. I was very grateful that the Minister agreed to meet, and got his officials to meet, representatives of the Northumbrian Pipers’ Society to discuss their concerns about the Bill. I am also grateful to the senior official who met Andrew Davison, the chair of the Northumbrian Pipers’ Society. They discussed things in some detail in Newcastle. I know that that was appreciated by members of the piping community.

However, following that consultation and the serious look that Defra undoubtedly gave to the situation of the Northumbrian pipes, the Minister wrote to me and said that, while he recognised that a number of instruments were made after 1975 with ivory repurposed from billiard balls and other ivory items found in antique and bric-à-brac shops, those instruments would not meet the Clause 8 exemption for musical instruments as the ivory would have been worked into its present form after 1975, even if it came from—I understand that it almost always does—an older piece of ivory. That decision by the Government still causes concern among Northumbrian pipers, as the Minister will understand. Therefore, I tabled the amendment in my name to try to deal with this particular issue.

In his letter, the Minister said that although they had looked closely at the particular circumstances of the Northumbrian pipes, he regretted that it did not prove possible to amend the Bill in such a way as would not undermine the premise of the Bill or inadvertently create a significant, exploitable loophole. I agree with the Government’s desire to avoid the creation of a loophole—very much so—so the amendment that I have tabled tries to deal with that particular problem. The amendment states:

“An item that has ivory in it is exempt from the prohibition if it is a musical instrument that has been certified by the Northumbrian Pipers’ Society, or a similar approved organisation, as being a set of, or part of a set of, Northumbrian pipes made before the passing of this Act, and covered by a valid Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) certificate”.


Even if that is not the perfect formulation, something like that is an alteration that could be made to the Bill in order to deal with this specific issue.

I listened carefully to what the noble Lord, Lord Hague, said about exports and I agree completely, but we are not talking here about exports but about a limited UK market, which is being somewhat threatened by what has been proposed. Therefore, it behoves us to try to look for a way through to see if an appropriate amendment can be made.

I know that, all along, the Government have not wanted amendments to the Bill and have wanted speedy passage of it, but as we can see from the Order Paper today, the Government have had to introduce a large number of amendments themselves. Given that the Bill will go back to the House of Commons, it seems to me that it gives us an opportunity to make one or two minor amendments, such as the one that I am proposing, which in no way undermines the principle of the Bill.

We are talking about ivory from old billiard balls and broken umbrella handles; I have seen some of the instruments that have been made with ivory of this kind. I also believe that it is very difficult to remove ivory from most of the Northumbrian pipes that I am talking about, without causing both irreparable harm to the pipes and quite a bit of damage to the ivory itself. We are also talking about small quantities of ivory. If there was a verification process of the kind I am talking about, that would deal with the issue in a way that would be satisfactory to pipers, as well as helping to keep this important regional musical tradition going.

In tabling this amendment, I have had the support of the noble Lords, Lord Vinson and Lord Beith, both of whom live in Northumberland and understand the issue of Northumbrian pipes very thoroughly. Therefore, I hope the Minister will take account of the amendment. I am glad that my noble friends on the Front Bench have a later amendment which talks about a report on the workings of this Bill and what effect it might have on the sale and hire of musical instruments in the UK. I am very grateful for that particular form of words, and hope to support that amendment at a later stage. In the meantime, I hope that the Minister will give careful consideration to the fairly minor and limited nature of the amendment that I am putting forward.

[Lord De Mauley (Con)]

My Lords, I once again declare my interest as chairman of LAPADA, the art and antique dealers’ trade association. The views I express today are my own, but they are informed by my involvement with LAPADA. I will speak to my Amendment 23 in this group, which, like my noble friend Lord Cormack’s, goes to the matter of the 10% de minimis rule. Given some of what I am about to speak of, I would like to say at the outset that my noble friend the Minister is not personally responsible for this Bill. When I had his job at Defra, I was the Minister responsible for the UK’s contribution to efforts to bear down on illegal wildlife trafficking, but by a quirk of restructuring of ministerial responsibilities, he is not. As always, he has conducted himself perfectly correctly through the passage of this Bill, even if I would have loved him to have persuaded his colleagues of its perverseness.

I am very disappointed to report that I have received no response on the points I raised concerning Art Deco artefacts and the UK’s ivory export figures—points which I at least regard as important. A vital element in any decision-making process is that those decisions should be made with as full a knowledge of the facts as is possible in the circumstances. For the last 18 months, profoundly misleading information about the extent of the UK’s role in the international movement of antique and worked ivory objects has been allowed to circulate and be regularly repeated, without being corrected by those who have been in a position to refute, or at least clarify, it.

In the period leading up to the Government’s ivory consultation, the UK’s “official” ivory export figures were employed by several high-profile wildlife organisations to justify their demands for a very restrictive ban on the sale of antique ivory. I refer to the information supplied by Defra to CITES each year. The Born Free Foundation claimed that for the period from 2006 to 2015, the UK’s exports represented 54% of the ivory exports from the entire EU, and that these exports comprised 25,352 ivory items. Indeed, my noble friend the Minister stated in Committee that, between 2005 and 2014, the UK had been responsible for 31% of the ivory exported from the EU for commercial purposes. The Environmental Investigation Agency claimed that the UK is the “world’s largest” ivory exporter. From this language, any sane, trusting person who cares about the welfare of endangered species would be forgiven for imagining that the UK exports thousands of ivory tusks to China as a commodity for carving—something that, if true, would indeed help to fuel the Chinese passion and demand for ivory. I should point out that, in fact, the world’s largest supplier of ivory to the world’s ivory markets is, of course, the continent of Africa.

The EIA announced:

“UK ivory exports are stimulating consumer demand globally, especially in Hong Kong and China, two of the world’s largest markets for both legal and illegal ivory. Even as the Government of China works towards closing its domestic ivory market by the end of 2017, the UK continues to inject a large amount of ivory into China”.


By any reckoning, those are strong and serious allegations, made even more powerful by the language employed and the standing of the body making them.

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The online self-registration system will encourage people to engage actively with the new measures by confirming that their item does indeed meet the exemption. This registration process will be important for both buyers and sellers, as it will provide assurance to both parties that the commercial exchange taking place is fully compliant with the law. People purchasing ivory items that are exempt from the ban and have been correctly registered will be secure in the knowledge that their purchase is legal. The online self-registration process will be quick and easy to use. I emphasise that there is no intention for the process to be burdensome and bureaucratic for those wishing to engage in legal activities in ivory. There will be provision for those unable to access the online system to register their items through offline means. The noble Lord, Lord Inglewood, used the words “cash cow”. I should say that a small fee will be charged, but again there is no intention that this will be prohibitive to users. We believe that this is indeed a small cost when considering the critical objectives that this compliance process will help us to achieve.

[Lord De Mauley]

I am very grateful to my noble friend. Can he give us an indication of what the level will be?

[Lord Gardiner of Kimble]

No, my Lords, I am not able to give an exact sum.

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Moved by

[Lord De Mauley]

3: Clause 2, page 2, line 11, leave out “pre-1918” and insert “pre-1947”
Member’s explanatory statement
Without this amendment, Art Deco objects of outstandingly high artistic, cultural or historical value, for example, will not be eligible for an exemption certificate.

[Lord De Mauley]

My Lords, some noble Lords have noticed that the wording of Amendment 3 was jointly tabled by my noble friend Lord Carrington of Fulham and me in Committee. At that time, I said that I reserved the right to bring it back on Report, particularly as some of the issues I had raised had not been addressed in the Minister’s responses. I want to reiterate what I said in the last debate but the points are all, none the less, relevant. The types of items that would be exempted by the amendment to change the Clause 2 date from 1918 to 1947 could in no way be seen as directly or indirectly encouraging demand for ivory in Asia. Unless they are musical instruments or contain less than 10% ivory, items incorporating ivory may be sold only if they are,

“of outstandingly high artistic, cultural or historical value”,

and must predate 1918. Objects such as pianos with ivory keys need only predate 1975, and the low ivory content objects, 1947.

Art Deco style is a highly regarded genre that flourished between the Great War and the Second World War. The V&A Museum held a major Art Deco exhibition in 2003 and some of the 20th century’s greatest designers and sculptors, including Demétre Chiparus, produced Art Deco artwork that sometimes incorporated ivory elements. One of his works—the sculpture in bronze with ivory elements—was regarded as such an important work of art that it sold at auction for a six-figure sum. Examples of his work feature in the collection of the world-renowned Museum of Fine Arts in Boston. Yet as the Bill stands, it would perversely forbid the sale of the most outstanding and rarest examples of Art Deco design while allowing the sale of ordinary upright pianos mass-produced as recently as the 1950s. Changing the dateline for Clause 2 from 1918 to 1947 would bring it into line with the Clause 7 exemption dateline for objects comprising less than 10% ivory.

Turning to my Amendment 4, to benefit from the Clause 2 exemption and be granted an exemption certificate, an historical artefact incorporating ivory needs to be inspected by appointed specialists and to pass the hurdle of being,

“of outstandingly high artistic, cultural or historical value”.

The antiques trade supports the concept of ivory artefacts being checked by third parties and granted exemption certificates—something both LAPADA and BADA suggested should happen more than two years ago. As I said at greater length in Committee, reports compiled by concerned parties into the problem of identifying old ivory have all focused on the low-priced, solid ivory carvings and trinkets and not on culturally valuable works of art such as portrait miniatures or inlaid Georgian furniture. The trade fully agrees that all solid ivory carvings should be subjected to third-party scrutiny since they are more difficult to appraise than objects made from a mixture of materials. Other materials provide a context in which the style, workmanship and condition of the ivory element can be judged.

Regrettably, the unnecessarily narrow formulation of the Clause 2 exemption will end up prohibiting the sale and, over time, result in the inevitable loss of many thousands of genuine antique objects that fail to meet the “outstandingly high” requirement. Among examples of what will become prohibited items are Victorian chess sets, ivory crucifixes, Georgian silver teapots with ivory handles, 18th-century ivory portrait silhouettes, and 19th-century sandalwood sewing boxes. I could add to this list items of cultural significance for other cultures, such as Japanese netsuke. These types of item are not made from modern ivory and have been acknowledged by the Secretary of State as having no connection to the trade in recently poached ivory. They are all capable of being assessed for authenticity by knowledgeable specialists who can readily tell them apart from most modern-day bangles or trinkets. I point out to your Lordships that museum curators and experts such as those on “Antiques Roadshow” regularly make judgments about antique objects and most of the time do not need scientific evidence to do so. Scientific dating of ivory is, though, available as a last resort.

There is no evidence that Far Eastern buyers are purchasing vast quantities of items such as English silver cutlery with ivory handles or 19th-century gentleman’s travelling boxes containing inserts with ivory lids. Those who appreciate history and an understanding of our past are concerned for the many thousands of objects which are of intrinsic historical, social and cultural value but will fail to meet the “outstandingly high” test. That the Bill does not ban their ownership or prevent their being inherited or gifted to a museum will not prevent their destruction or loss over time. Museums do not have the resources or storage space to accept large additional numbers of artefacts, many of which will already be represented in their collections. There is no guarantee that the family members of an owner of an early 19th-century chess set will want to inherit and care for it themselves. What precisely will be its fate if it has no resale value? I can tell your Lordships now: it will be thrown in the bin. An item that is part of our cultural and social history will simply be unavailable to future generations.

One cannot understand history and learn its lessons by destroying it. I would be more willing to accept losses such as this if I felt that some good would come of it—that the life of a living elephant in Africa would be saved as a consequence. Yet no one has provided any evidence to demonstrate that the sale in this country of a genuine, third-party authenticated Victorian chess set has any direct or indirect connection to the poaching of elephants in Africa. First, if it has been checked as being genuine, by definition it cannot be made from poached ivory. Secondly, as I have already demonstrated, it is untrue to suggest that large numbers of these items are being shipped to the Far East. Thirdly, the United Kingdom is not itself importing raw ivory to fabricate fake Victorian chess sets. To be quite frank, we do not have the skills to do so anyway. Finally, British antique collectors are not interested in any modern ivory items.

The Bill’s aim is to help to conserve elephant populations and, more specifically, to reduce poaching. Paragraph 6 of the Bill’s Explanatory Notes expresses the entirely understandable desire that objects from the UK should not, whether intentionally or inadvertently, contribute to markets that create a demand for ivory. The vast majority of the many thousands of cultural objects that will fail the current Clause 2 test are of no interest to Asian buyers because they do not acquire English or European antiques. Where the Explanatory Notes refer to a demand for ivory, they automatically characterise all objects made from ivory as homogeneous and interchangeable, regardless of their age, cultural origin or historical significance.

Since most of the ivory objects offered for sale in the UK are of no interest to Chinese buyers and those that do hold their interest are exported in only very small numbers, restricting exemption certificates to items that are of “outstandingly high” rather than “high” artistic, cultural or historical value is disproportionately restrictive. The term “outstandingly high” never featured in the Government’s consultation document. The concept envisaged a year ago was that “significant” cultural or historical items should be exempted. No one has brought forward any evidence to demonstrate why this change was required to fulfil the Bill’s aims.

My small amendment would therefore result in the Secretary of State’s assessors being required to conclude that objects containing more than 10% ivory are of high artistic, cultural or historical value. This would remain a significant hurdle for objects to surmount: assessors would be required to conclude that an item that incorporates ivory provides us and future generations with a high degree of valuable historical or cultural information. The sale of ordinary mundane objects such as bangles or ivory chopsticks would continue to be prohibited. I beg to move.

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[Baroness Vere of Norbiton]

I think that we have been through that particular hoop a number of times. Indeed, this Bill complies with the European Convention on Human Rights. It is a proportionate response to an issue of global concern.

These objects will not be destroyed. Perhaps even if individuals no longer want them, they could do what I do and give them away or use Freecycle for items with little sale value. I find items on Freecycle last for about a day. There are many options available to individuals who want to pass on their items containing ivory.

With that explanation, I hope that my noble friend feels able to withdraw his amendment.

[Lord De Mauley]

My Lords, I have seen the result of the whipping by the three main parties in your Lordships’ House this afternoon, despite none of them addressing, or apparently even understanding—as was amply demonstrated a moment ago by my noble friend the Minister—the critical points some of us have raised. To divide the House on Amendment 3 would be futile and I am not in the business of wasting the House’s time. Let me therefore withdraw the amendment by quoting our Lord from Luke, chapter 23, verse 34:

“Lord, forgive them, for they know not what they do”.

Amendment 3 withdrawn.

Ivory Bill

Lord De Mauley Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, Amendment 36 would remove the defence of ignorance for those found to be in breach of the Act. At Second Reading numerous concerns were raised about how unsuspecting members of the public could accidentally flout the ivory ban. There was much discussion about selling an item found in grandma’s attic or at a car boot sale that, unbeknown to them, contained ivory. Of course some of this challenge comes down to publicity and communication. As with all new legislation, there is a need to make the public aware of their new responsibilities, and indeed progress has already been made. As we discussed, the consultation received a record number of responses, which is indicative of public and industry awareness. This will undoubtedly grow when the UK hosts the international Illegal Wildlife Trade Conference, at which the Secretary of State has already made it clear that he intends to highlight this flagship legislation. So really everyone should know the situation regarding the sale of goods containing ivory and understand that it has changed. Meanwhile the National Wildlife Crime Unit will have to focus its scarce resources very carefully. It simply will not have the staff to visit car boot sales on the off-chance of a transgression. As the unit itself has made clear, it will,

“deal with the ones who have a complete disregard for policy protocol legislation … who are deceptive, who lie and who want to make money out of this”.

While we understand the principle behind this subsection, we believe that genuine accidental transgressions of this type can be dealt with lightly through an enforcement undertaking with no monetary penalty, and that this provision is therefore unnecessary. We are concerned that unscrupulous traders could exploit this loophole so that they could continue to deal in ivory with impunity, only to feign ignorance if they are caught. We know that new elephant ivory is offered for sale and is often mislabelled as antique ivory, ivory from other species or other material altogether, such as bone. In some instances this may have been due to genuine unawareness, although deliberately mislabelling it is a well-known tactic in the illegal ivory trade. For the ban to be effective, it is imperative that any exemptions are narrowly defined and that breaches can and will be enforced. That is why we believe the defence of ignorance would undermine the intention and effectiveness of the Bill. I hope noble Lords understand the point that I am making and will support this view. I beg to move.

[Lord De Mauley (Con)]

My Lords, I reiterate my declaration of interest as chairman of LAPADA, the art and antiques dealers’ trade association. We have worked closely with BADA, the other major trade association.

On the face of it, Clause 12(2) provides protection against prosecution for those people who are not aware that the item they are handling contains elements of ivory. That they may be prosecuted only if it can be shown that they knew or suspected, or ought to have known or suspected, that an item was made from ivory appears to me to be reasonable. I suppose that I could see that the interaction between this subsection and Clause 35(4) could cause confusion and potentially prove unjust. As I understand it, Clause 35(4) means there is the presumption that, if a material can be proved to be ivory of any animal, it can be assumed to be the ivory of an elephant unless proved otherwise. If one takes the case of someone who genuinely believes an item to be made from the ivory of another species and not from elephant ivory, I am not sure whether they would receive the protection of Clause 12 because it does not refer specifically to elephant ivory. I wonder whether the Minister can shed any light on this point.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, this amendment would mean that persons could not use a defence that they did not know or suspect, or ought to know or suspect, the item was ivory. I should therefore explain why this provision was included and how it would be applied.

This provision has been included to help tackle the problem of illegal ivory items being deliberately mislabelled as another substance, such as bovine bone. It is also to protect those who fall victim of mislabelling of ivory and who, and I underline this, genuinely did not know that the item they were buying contained ivory. The purpose of the Bill is not to penalise or criminalise unnecessarily people who have made a genuine mistake. This provision also allows the police, enforcement bodies and courts to use their professional discretion when considering the most appropriate approach to deploy for individual defendants.

The issue of labelling ivory as another substance when it is sold is a common one. Illegal ivory items are often deliberately mislabelled as another substance, such as bovine bone, in order to evade existing restrictions on ivory sales. For this reason, the Bill ensures it is an offence to deal in ivory where that person knew or suspected, or ought to have known or suspected, that it was ivory. In practice, this means that, where it is clear that a person is deliberately mislabelling ivory as some other substance in order to attempt to circumvent this ban, this will be an offence. Likewise, anyone buying items of mislabelled ivory who could reasonably be expected to know it is elephant ivory will also be liable.

The enforcement bodies and courts will consider the position of the person when taking a view as to whether they should have known or suspected the item was ivory; for instance, if the person is an antiques dealer or a member of the public. They may also, for example, take into account if it is a repeat offence or if the seller deliberately mislabelled the item and then provided other information to indicate more discreetly to potential buyers that the item was in fact ivory. For example, sellers have been known to include close-up photographs in order to show the tell-tale lines or crosshatching, which are characteristic of ivory.

I will need to reflect on what on my noble friend Lord De Mauley said, but the Bill at this moment relates to elephant ivory. We will come on to further amendments that relate to the ability of this legislation potentially to extend to other species. For the moment, the Bill is dealing with elephant ivory.

Clause 12(2) is phrased to capture some instances of genuine mislabelling, where there was no intention to breach the ban and where the person could not reasonably be expected to know the item was ivory. This element of the Bill is designed to protect such people, who may be buyers, sellers or those facilitating a sale or purchase and whose prosecution I think your Lordships would accept is not what we are seeking in this legislation. I hope for those reasons the noble Baroness is able to withdraw her amendment.

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[Lord St John of Bletso (CB)]

My Lords, I support my noble friend Lord Sandwich. I declare an interest as a longstanding trustee of the Tusk Trust, which has not just been looking to address the chronic problem of poachers and dealers but to assist in educating local communities about the importance of ecotourism. In this regard, it is important to consider an impact assessment report, which would help DfID to support local communities in their education efforts. I also agree with the noble Lord, Lord Grantchester, that enforcement is crucial. Without enforcement the Bill would be toothless.

[Lord De Mauley]

My Lords, I am afraid I am going to strike a rather discordant note. I want to focus on Amendments 59 and 60. It is widely accepted that by far the most significant markets for ivory are in the Far East. The Secretary of State acknowledged in his impact assessment that the United Kingdom ivory market has not been linked to the trade in recently poached ivory. There are many other factors at play in the illicit international trade in wildlife that will have a far greater impact on demand for ivory than the trade in antiques here in the United Kingdom.

With respect to the noble Lords who have moved these amendments, I therefore struggle to understand how the requirements proposed in Amendments 59 and 60—to report on the impact of this Bill on the elephant populations in Africa and on the demand for ivory in other countries—would be carried out. How exactly would one attribute to the Bill a change in the demand in Hong Kong for raw ivory, for example?

With respect to the noble Lords who have proposed these reports, there appears to be a premise behind both amendments that the UK’s fairly minimal international trade in objects made from ivory is encouraging the demand for ivory in the countries of the Far East. As I explained on Monday in Committee, if we exclude piano keys, the total number of antiques incorporating ivory exported from the UK to the entire world amounted to 766 items in 2016 and just over 1,000 last year. The exported objects comprise a mixture of both solid ivory carvings and objects that incorporate ivory, such as musical instruments or furniture with inlay. The latter are of no interest to buyers in the Far East. As I have previously said, these numbers are small fry when compared to the volumes of ivory traded in the ivory consumer markets.

I was tempted to support these amendments so that afterwards I could say, “I told you so”, but I do not believe that we should spend taxpayers’ money in that way, especially when I know the answer already. We have to recognise the most significant factor in stopping the trade in poached ivory is not whether the UK is selling antiques or not, but whether the restrictions promised by China and Hong Kong are effectively enforced and whether it is possible to prevent the market from transferring to neighbouring countries in the region.

[Baroness Bakewell of Hardington Mandeville]

My Lords, I support this small group of amendments. As the Minister has said in the past, the Bill has been prepared with great care and knowledge, with one aim and one aim only: to protect the African and Asian elephant. This will be achieved by taking the value out of trading in ivory, prosecuting those who break the law and making the poaching of elephants for their ivory uneconomical. While the fees charged for certification will help to cover some of the costs of setting up the registration and certification process, they will not cover them all at first. It is important that parliamentarians and the public—who, as was clearly demonstrated during Second Reading, care very much about the plight of the elephant—are reassured that sufficient resources have been allocated to enforcement. If the enforcement of the measures set out in the Bill is not properly funded, it is unlikely it will have the desired effect.

We welcome the suggestion of a public awareness campaign to inform potential buyers and sellers of the requirements of the registration system; we recommend that this be done to ensure that robust monitoring and evaluation measures are put in place by the appropriate agencies, and not left to individuals with financial motivations. Guidelines and an honesty-based system will not be enough. Applications will need to be checked.

The annual report to Parliament on the operation of the Act should include information on the number and categories of certified and registered exemptions, civil penalties imposed, criminal prosecutions undertaken and work happening overseas to conserve elephants in which the UK is playing an important role. This amendment could also allow the Government to commission a report from a suitably qualified NGO, utilising official data.

Transparency will be everything in ensuring that the UK becomes a world leader in protecting the elephant. Being able to demonstrate that adequate resources have been allocated to back up our enforcement measures will be key in demonstrating to the rest of the world that we are serious in our efforts. The Government will need to walk the walk and not just talk the talk. As the noble Lord, Lord St John of Bletso, has said, communities which are the subject of poaching will need to be supported to achieve sources of income and to continue economically. I fully support this group of amendments.

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Moved by

[Lord De Mauley]

39: Clause 14, page 9, line 5, at end insert “, such officer to have specific expertise and training in identifying ivory items”

[Lord De Mauley]

My Lords, I rise to speak to Amendments 39 and 40. Starting with Amendment 39, Clause 14 grants National Crime Agency officers powers to stop and search someone when they have “reasonable grounds” to believe that an offence may have been committed. This could, for example, include an alleged offence connected to the registration of an antique with a low ivory content—not just an ivory carving. NCA officers are not police or customs officers and it is not entirely clear to me why they should be granted the same powers as police officers—unless, perhaps, they are qualified to assess whether an item is made from ivory and falls under the Act.

For instance, would they have sufficient understanding of the operation of the Act to be able to identify when the proportion of ivory in an object comprises more or less than the 10% threshold, or the 20% threshold in the case of a musical instrument? To carry out their duties properly, they should surely have some expertise in judging whether an item is of the correct date. The purpose of the amendment therefore is to ensure that NCA officers are properly trained for the job they are undertaking.

On Amendment 40, while there are misgivings about the extent of the role and powers of accredited civilian officers, one of their jobs is to raise awareness and understanding of the provisions in the Bill in order to facilitate and assess compliance. This being the case, there is nothing in the Bill to require sufficient knowledge of ivory on the part of an accredited civilian officer. It is important that they possess the skills and knowledge to equip them to make sound judgments, and to understand the information presented to them, when viewing antiques which may contain ivory. Unless this is the case, searches of dealers’ and auctioneers’ premises could result in inaccurate and misguided reports being submitted, alleging breaches of the provisions of the Bill. When appointing these officers, the Secretary of State should be under an obligation to ensure that the appointees have demonstrable knowledge of antique and modern elephant ivory in its various forms, and an ability to identify it. I beg to move.

[Lord Gardiner of Kimble]

My Lords, my noble friend’s first proposed amendment would require police or customs officers to undertake specific training in identifying ivory items before exercising the enforcement powers provided in the Bill. The CITES border force team is recognised as one of the best in the world at enforcing controls against illegal wildlife trade. Both the CITES border force team and the National Wildlife Crime Unit are experienced in identifying illegal wildlife products, including ivory, and already lend their expertise to police forces across the country. The skills of the CITES border force team in detecting illegal wildlife products are in demand internationally and the team regularly undertakes training with their counterparts around the world.

As needed, police forces also seek the opinion of experts, including APHA wildlife inspectors. Before the Bill comes into force, we intend to run an awareness- raising campaign around its provisions. We will work closely with the police to ensure that wildlife crime officers in police forces nationwide are apprised of these measures.

The second amendment in this group would require accredited civil officers to have,

“proven knowledge of and expertise in identifying ivory”.

In the next group of amendments I will spend a little time in my reply outlining the work of the Office for Product Safety and Standards. The accredited civilian officers from the Office for Product Safety and Standards —OPSS—which is part of the Department for Business, Energy and Industrial Strategy, will work alongside the police and customs officers to help enforce the ivory ban. While I will expand more fully, perhaps in the next group of amendments, on the important task of enforcement arrangements, the OPSS officers will be tasked primarily with raising awareness and ensuring that sellers are able to comply with the ban. They will also be responsible for checking that items for sale have the correct registration documents.

On the particular point about expertise in ivory, I can reassure my noble friend that an appropriate training programme for OPSS officers will be developed and implemented before the Act is commenced to ensure that they are equipped with the skills and expertise required to help enforce the ban. This will include, for instance, the ability to recognise the distinctive Schreger lines, the visible cross-hatching that identifies a substance as ivory. It is worth mentioning that, as needed—for example, with serious offences—officers would normally refer the items to expert witnesses. I understand the points that my noble friend made, but I hope that, with that explanation, he will feel able to withdraw his amendment.

[Lord De Mauley]

My Lords, I am grateful to my noble friend the Minister. I look forward to his foreshadowed remarks on the next group of amendments and I am happy to consider his remarks after today—so, for today I beg leave to withdraw the amendment.

Amendment 39 withdrawn.

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Moved by

[Lord De Mauley]

51: Clause 22, page 14, line 8, at end insert—
“( ) In respect of a seizure or detention under subsection (2) an officer must take account of the item’s physical nature and must exercise all reasonable care to avoid damage to the item.”

[Lord De Mauley]

My Lords, I will also speak to Amendments 52, 54, 56, 57 and 58 in this group. Many antiques, regardless of the materials used in their construction, can be fragile and need to be handled with care. For example, ivory is sometimes incorporated into bronze sculptures. To the uninitiated, bronze may seem a strong material, capable of withstanding a gentle knock or two. However, one important feature of bronze sculptures is the patina of their surface. Application of a sticky label in the wrong way or allowing a metal watchstrap to rub against the surface could damage it, destroying the sculpture’s integrity and thus reducing its value. Antique dealers spend a fortune purchasing professional packing services when moving or shipping antiques and the handling of antiques is a specialist skill in its own right.

A badly informed officer, believing that he is seizing an ivory item that breaches the provisions of the Bill, may treat the item casually, even before it has been properly assessed by someone with knowledge and understanding of antiques. Ivory in particular can be brittle and will not take kindly to rough handling. What we need to avoid is antiques being seized, subsequently found to be compliant and then returned damaged to their owners. This amendment is intended to place an obligation on officers to take extra care when handling the antiques that they have seized.

On Amendments 52 and 54, as drafted Clause 29 allows not just the Secretary of State but also police officers and accredited civilian officers to decide the fate of cultural property that has been seized. The factors that need to be considered in disposing of a cultural artefact differ greatly from those that apply to endangered species that do not also possess cultural and historical attributes. A seized item may well be an object of cultural significance that a museum may wish to acquire and, consequently, a decision about its future should involve the input of people possessing specialist knowledge of objects of the same type. This is knowledge that police officers and accredited civilian officers will not have. For this reason, the amendments would limit the decision about the fate of seized objects to the Secretary of State alone and require him or her to take the advice of someone who is able to provide specialist advice, such as a museum curator or art market professional.

I turn finally to Amendments 56, 57 and 58. The aim of amending Clause 31 is similar to that of amending Clause 29. In this case, it concerns the people who are granted the power to decide the fate of previously seized objects where the person entitled to the object cannot be traced. At present this power is granted to a police or customs officer, as well as the Secretary of State. For the reasons that I referred to on Clause 29, the decision should be limited to the Secretary of State alone and be taken on the advice of someone familiar with the type of ivory object whose return has been attempted. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I will make just a few brief comments in response to the noble Lord’s amendments, which seem in the main unnecessary. First, it is self-evident that the officers would take care to avoid damaging seized items. This would apply equally to the process of seizing other high-value goods including stolen artworks, with which they would be familiar. I am not convinced that the need for that level of care needs to spelled out in the Bill, given they have that specialist training.

Secondly, we have already addressed the concern about the role of accredited civilian officers, but it does not seem practical or sensible that the only person able to determine how a piece should be disposed of should be the Secretary of State. Thirdly, as we discussed earlier, we would expect a decision to dispose of an item to be taken with guidance from individuals with clear expertise in this area. Again, we are not convinced this needs to be in the Bill. I look forward to hearing the Minister’s undertaking on how these disposals will work in practice and hope that he will be able to reassure his noble friend that these amendments are not necessary.

[Baroness Vere of Norbiton]

My Lords, the first amendment in this group would require police and customs officers to take account of an item’s physical nature and exercise reasonable care when searching premises under the powers in the Bill. I am sure that noble Lords will agree that officers must always have regard to their surroundings and the objects therein when conducting a search and should not wilfully damage anything. Police and customs officers have vast experience of conducting searches in many different types of premises and for a wide range of items—valuable, delicate, dangerous or otherwise. I therefore do not think it necessary to include wording to that effect in the Bill. Indeed, it may be counterproductive. For example, if it is omitted from other Bills in future involving similarly delicate items, will it be assumed that care is not needed in those cases?

The other amendments in this group remove the discretion from police and customs officers to dispose of seized or forfeited items and instead require the Secretary of State to consult an expert in ivory items before making decisions on the disposal of such items. Police forces have well-established processes for dealing with seized property of all types. In the first instance, owners have the opportunity to appeal against a seizure and therefore the item may be returned. But if the seized item cannot be returned to the original owner, there are well-established methods for its disposal.

There are many possible uses for seized items containing ivory that cannot be returned to the original owner. For example, they may be used for educational, training and research purposes, when it is in the public interest to do so. Ivory items seized by police and customs officers in recent years have been used for training officers in the identification of ivory products or donated to accredited museums or to conservation bodies for awareness raising. Zoos, for example, might display examples of illegal wildlife trade products made from endangered species.

I hope that this explanation will be sufficient to satisfy my noble friend and that he will feel able to withdraw his amendment.

[Lord De Mauley]

My Lords, I am grateful to my noble friend for her response. I am pleased to hear of her confidence in the care to be taken by police officers and others. Towards the end, she perhaps answered a question that I had not actually put. Nevertheless, today I am happy to withdraw the amendment.

Amendment 51 withdrawn.

Ivory Bill

Lord De Mauley Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 10th September 2018 Lords Chamber

Moved by

[Lord De Mauley]

30: Clause 10, page 6, line 40, at end insert “, such fee not to exceed £5”

[Lord De Mauley (Con)]

My Lords, many of the objects that will require registration under the Clause 10 requirements will be low in value. This will include old pianos offered for sale privately for £50 or small domestic objects such as mirrors with surrounds in mahogany inlaid with thin ivory strips selling for perhaps £30. As I previously indicated, there is no compelling reason for us to discourage the reuse of such antiques. If the registration fee is set too high, only the more valuable ivory items would be worth registering, and lower-value ones would end up being thrown away. Whether or not it is intended to charge the fee as a fixed percentage of the value of the item or a flat fee, I believe it is sensible to impose a cap. If nothing else, it will encourage efficiency in those who operate the database system. I beg to move.

[The Earl of Kinnoull (CB)]

My Lords, I shall be brief. I will speak to Amendment 31, which is purely a probing amendment. Following Second Reading, it struck me that the success of this Bill would very much depend on the take-up rate of the use of the register, so my amendment is aimed at trying to probe a bit of that. I noted that in the Bill, while plenty of powers are given to the Secretary of State to charge fees for registration, there is no duty alongside that, telling the authorities what they should be trying to do. My amendment is aimed at trying to put a bit of duty alongside the powers.

I notice that the success of curbing drink-driving in the UK has been very much driven by the fact that people in the country now expect people not to drink-drive. We need to ensure that nothing stands in the way of people developing a feeling that ivory has a special and difficult thing associated with it. Therefore, they should comply with this law enthusiastically, because it will help the problem that we have all been talking about. I do not think I can add any more.

[Baroness Vere of Norbiton (Con)]

My Lords, both amendments relate to the fees that can be set by the Secretary of State when registering an item containing ivory. When owners register their items under the exemptions for items of low ivory content, musical instruments, sales to museums and portrait miniatures, it is only right that they pay a fee for the service provided. This fee will contribute to the cost of building and administering the registration system.

On my noble friend Lord De Mauley’s amendment, we need to be careful about setting a fee on the face of the Bill—that is, in primary legislation—as, over time, circumstances which will need to be taken into account may change and mean that it is necessary to revise the fee—in either direction.

To reiterate, the Government intend that the fee will be small and proportionate, but I cannot agree with my noble friend that a fee of £5, set out in primary legislation, is appropriate. The fee will be dependent on the cost of the IT system and its administration and will be determined in accordance with Her Majesty’s Treasury’s guidelines with regard to cost recovery. I hope that alarm bells are not now ringing. We aim for the system to be as simple to use as possible.

On Amendment 31, in the name of the noble Earl, Lord Kinnoull, I recognise his interest in ensuring that fees are not set at a rate that would discourage registration and entirely share his view. The Government are finalising the specifications for the registration system. Further details will be available in due course, but I do not have a time for them as yet. If I get one, I will write to noble Lords and advise them. Work to date has included input from a range of stakeholders, including those most likely and most frequently to use the system; for example, representatives from the Association of Art & Antiques Dealers and the Music Industries Association. We want to ensure that we understand their needs. Our aim will be to develop a system that is simple to use and cost effective.

We recognise that many items registered under these exemptions are likely to be of a lower value than those that qualify as exempt under Clause 2, so I can assure noble Lords that the registration fee will reflect that. As I have said, the Government are taking into account a wide range of opinions. I reassure noble Lords that we recognise the intent behind the amendments and acknowledge that it is in no one’s interest to have fees that are unacceptably high. I hope that my noble friend will feel sufficiently reassured to withdraw his amendment.

[Lord De Mauley]

My Lords, I suppose that I shall have to be happy, at least for this eventing, with my noble friend’s assurance that the fee will be small. For this evening, I beg leave to withdraw the amendment.

Amendment 30 withdrawn.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, this proposed new clause would allow the Secretary of State to create a verification system to enable a person intending to purchase an item containing ivory to check that it has been registered as exempt or has an exemption certificate. That is imperative to ensure that the exemption process is robust and deliverable. Defra has stated that:

“The compliance processes will enable sellers to demonstrate that their items meet the relevant exemption, and thus that their use in commercial dealing is permitted under the Bill. The processes will also enable potential purchasers to assure themselves that they are acting in accordance with the ban”.


The term “assure themselves” is interesting and seems to indicate that a buyer has less responsibility to ensure compliance with the ban than a seller. Given that the definition of dealing in Clause 1 specifically includes buying ivory, we believe that a trustworthy system needs to be available so that buyers can ensure that they are complying with the law.

There are many reasons why a buyer may need to verify that an item is exempt; for example, when purchasing an item online. A buyer may not even be aware of what a legitimate exemption certificate should look like and may seek the reassurance of an independent confirmation. We are also aware of cases involving legal CITES Article 10 certificates and fraudulent copies being used to conceal illegal ivory. Sadly, unscrupulous dealers may well attempt to contravene the ban though such tactics. At the same time, an added advantage would be that a failed verification check could bring an individual to the notice of the authorities and be used to support a prosecution.

I hope that noble Lords will see the sense of the proposals we are making today, and that the Minister will feel able to take this proposal away and come back with suggestions as to how a robust verification process could be implemented. Of course, key to that will be the infamous IT system, when it is in force, and the issue of data, data protection and access. I realise that there are more complications to this than I am suggesting, but we feel nevertheless that buyers should have the right to make those checks and I therefore beg to move.

[Lord De Mauley]

My Lords, I think that this is a most sensible suggestion. The definition of “dealing” includes buying ivory objects, so how else is a buyer to avoid breaking the law, unless they have a means of verifying either that a de minimis object has been registered, or that an exemption certificate has been issued for an outstanding one?

[Baroness Vere of Norbiton]

My Lords, the intention of this amendment has been set out by the noble Baroness, Lady Jones, so I will not repeat it. The Government agree that a potential buyer must be able to verify that it is legal to purchase the item before finalising the sale. If the purchase is in person, the buyer will need to examine the exemption certificate issued for a rare and most important item, as this will need to accompany the item at the point of sale. The buyer will also be able to confirm that it is genuine via the online system. For online sales, the seller should confirm that an exemption certificate has been issued and will be transferred with the item. As with offline sales, the buyer will be able to confirm that it is genuine.

A buyer wishing to check the legality of selling or hiring an item registered as being exempt under Clause 10 will be able to look it up on the database, through the item’s reference number. This number should be provided by the seller. It is in the seller’s interest to ensure that the information is available to provide the buyer with confidence. The potential buyer will then be able to compare the photos and the description on the registration system with the object that they intend to purchase. The registration system is currently being developed, in consultation with many of those who are likely to use it, as we have just discussed. We are able to do this without making regulations and, as I have set out, we intend to include this functionality in the new system. Guidance will set out the best way for a seller to assure a buyer that they are able to legally purchase an item, and enable a buyer to satisfy themselves that they are able to legally purchase that item. With this explanation, I hope that the noble Baroness will withdraw her amendment.

Ivory Bill

Lord De Mauley Excerpts

Monday 10th September 2018 Lords Chamber

Moved by

[Lord De Mauley]

12: Clause 2, page 2, line 25, at end insert “, which must be an institution with expertise in identifying and dating objects incorporating or made entirely from ivory”

[Lord De Mauley (Con)]

My Lords, Clause 2 currently leaves to the Secretary of State the choice of bodies that will perform the task of authorising the issue of exemption certificates. However, it is imperative that the Secretary of State appoints bodies that represent specialists who know their subjects and have expertise in their field. This amendment will require the Secretary of State to appoint only institutions which have expertise in objects that contain ivory. The incorporation of this requirement would also protect the Secretary of State from an accusation that he has appointed an inappropriate body. I beg to move.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, my noble friend’s amendment seeks to define the type of institution the Secretary of State can prescribe to provide advice under Clause 2, and I hope to reassure my noble friend that this will not be required.

Subsection (5) confers a delegated power for the Secretary of State to prescribe a list of advisory institutions. Any assessment of an item’s artistic, cultural or historical value is to a degree subjective. This is why the Secretary of State will seek the advice of the country’s foremost experts in different forms of ivory items, from the UK’s most prestigious museums. Indeed, eminent institutions such as the Victoria and Albert Museum and the British Museum, which have world-renowned expertise in areas and periods of artistic history relevant to ivory artefacts, have already confirmed that they would like to be involved. These institutions provide advice to government on matters of pre-eminence and national importance, for instance under the export licensing regime for cultural objects. They will also be required to ensure that their best-qualified experts are engaged to assess the items.

If needed, the Secretary of State may, over time, update regulations prescribing advisory institutions if, for example, a source of expertise moves from an institution or a new centre of expertise emerges. Under no circumstances would we prescribe an institution which did not hold the relevant expertise. I hope that with that reassurance about expertise my noble friend will withdraw his amendment.

[Lord De Mauley]

My Lords, I thank my noble friend. What he has said sounds helpful. I will give his response consideration before Report, so for today I beg leave to withdraw the amendment.

Amendment 12 withdrawn.

--- Later in debate ---

Moved by

[Lord De Mauley]

13: Clause 3, page 2, line 38, at end insert “but with no requirement to proceed with the dealing in the item in the future”

[Lord De Mauley]

My Lords, I will speak to Amendments 13 and 28. The Bill appears to require an exemption certificate application to be accompanied by an expectation that “dealing” in an item is due to occur. This expectation is created by subsection (1)(f), which requires an applicant to provide information about,

“any dealing in the item that is expected to take place”.

From this wording it is not entirely clear whether it is a strict requirement of the Bill that dealing must happen. An owner of an object may wish to obtain a certificate as a precaution, so that if they decide to offer it for sale in the future they will already have all the necessary paperwork in place. Furthermore, for any number of reasons, the owner of an item may subsequently decide, having obtained a certificate, that he does not wish to proceed with the sale.

I realise that the word “any” in “any dealing” could suggest that information about dealing needs to be provided only when such information exists, but this amendment makes it absolutely clear that to obtain a certificate an item does not need to be offered for sale or sold, least of all to the museum or institution advising on the exemption certificate, with all the conflicts of interest that could lead to. In summary, therefore, it should be possible to gain an exemption certificate for an item that may end up remaining in a private collection.

I turn to Amendment 28. Clause 9(1) refers explicitly to the sale of an ivory item to a museum, but unlike the definitions of “dealing” in Clause 1 it makes no specific reference to “offering for sale”. Clearly, no sale to a museum can occur without an object having been offered to that museum. The problem with the current phrasing is that it makes it appear as though an exemption applies only if a sale is “concluded”. Until an agreement is reached, there can be no certainty that an object will be acquired by a museum: the trustees may be asked for approval and decline to give it. Often the whole process can be very protracted and negotiations can break down at any stage. The purpose of the amendment, therefore, is to clarify that if an ivory item is offered to a museum the seller is under no obligation to complete a sale. If the meaning of subsection (1) is that the seller must complete the sale regardless of the sum that the museum is prepared to pay, no museum would offer more than the barest minimum. I beg to move.

[Baroness Vere of Norbiton (Con)]

My Lords, Amendments 13 and 28 appear in the name of my noble friend Lord De Mauley. Their intention is to clarify that where an item has an exemption certificate or has been registered, perhaps—but not necessarily—with the intention of selling the item, there is no obligation to proceed with a sale. I assure him that there will be no such obligations on applicants. Indeed, we recognise that there may be many reasons for an application. For example, we anticipate that owners of certain items may wish to apply for an exemption certificate before valuation for insurance purposes, not for any sale.

The primary intention of the registration and exemption certificate processes is to ensure that items meet the criteria for the applicable exemption before they can be subject to commercial dealing, but there is no obligation to undertake any commercial transaction following certification or registration. It is also worth bearing in mind that neither certification nor registration is time limited and can exist over a long period. In the light of this clarification, I hope that my noble friend will feel able to withdraw his amendment.

[Lord De Mauley]

I thank my noble friend for that response, which it is helpful to have on the record. I am, therefore, happy to withdraw the amendment.

Amendment 13 withdrawn.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am moving Amendment 14, on the subject of replacement certificates, because we believe that more safeguards are needed, since the Bill would allow multiple certificates to be issued for a particular item, and these could then be used to sell similar items illegally. We feel strongly that no loopholes should be allowed and that nothing in the Bill could result in unscrupulous dealers misusing these certificates. Given that the point of the Bill is to stop illegal ivory trading, and that—as we have discussed —unscrupulous people will exploit loopholes, it is important that these rules are extremely tight.

When this was discussed in the other place, the Minister made the point that because exemption certificates would apply only to unique peices—and therefore a limited number—there was an exceedingly low risk that a certificate, which will include a photograph, could be used fraudulently for another item. So far, so good, but this does not protect against the production of replicas, so we could end up with something that looks very similar to the photograph but is not the original item: you would have a replica item with a duplicate certificate.

Although such activity would of course be an offence under the Fraud Act 2006, and subject to criminal sanctions or a custodial sentence, this may well not deter those involved in the illegal ivory trade, where we know that millions of imitation antique pieces are already floating around and making very high profits.

This is really just a probing amendment to learn from the Minister how this will work in practice and whether he can provide reassurance that there are sufficient safeguards built into the system of issuing replacement certificates to prevent fraudulent duplication of them. I beg to move the amendment.

[Lord De Mauley]

My Lords, I do not fully understand the desire of the noble Baroness, Lady Jones, to limit the number of times the duplicate exemption certificate can be applied for. In the internet age, any sensible person would want to check that a paper certificate was genuine and would perhaps ask for confirmation from Defra, quoting the certificate’s unique reference code. Perhaps the Minister can confirm that. If someone loses his passport more than once, I would imagine that he could still obtain a replacement from Her Majesty’s Passport Office. I am not sure why replacing an ivory exemption certificate deserves a more limited approach. Surely, whether the piece of paper is the first one issued or a second replacement, each will show the same information, presumably with the same unique reference code and image of the item. It is the fact that the item has been exempted, and that the piece of paper indicates as much, that is important.

I am not clear what misdemeanour would occur if, in error, an object owner found that they had two certificates for the same object. Whether second duplicates can or cannot be issued would not stop a criminal from attempting to produce a falsified certificate.

[Lord Gardiner of Kimble]

My Lords, the noble Baroness’s amendment recognises an important issue: to ensure that we avoid any loopholes that could be exploited by those wishing to circumvent the ivory ban and continue to trade ivory illegally. I understand the concern that an individual may exploit the provision included in the Bill to issue replacement exemption certificates under the exemption for the rarest and most important example of its type. The concern is that an individual might fraudulently use replacement exemption certificates for non-exempt items, and I am clearly interested in ensuring that that is not possible. But I say to the noble Baroness and my noble friend Lord De Mauley that such an action would be an offence under the Fraud Act 2006 and may be subject to criminal sanctions—a custodial sentence or a criminal fine.

The Bill is clear that a replacement certificate will be issued only if the original has been lost, the original was not passed on by the original owner when the item was sold, or for any other reason that the Animal and Plant Health Agency acting on behalf of the Secretary of State considers appropriate. I reassure the noble Baroness that the process that an individual must follow to request a replacement certificate will be carefully developed with APHA to avoid any potential loopholes that could be exploited by unscrupulous individuals.

First, the owner will need to declare why a replacement is required. APHA should also be able to check the application against a database of exempt items. Secondly, a unique identification number will be included on the certificate which associates it with the exempt item. Certificates will include photographs of the item as originally submitted when applying for the exemption and a narrative description of the item. Given the nature of items exempted under this category, it is highly unlikely that there would be another item of such close similarity that it could reasonably be taken to be covered by a certificate issued for another item. Officials will be working with APHA because this is an area that we are clear on. We do not want to find any loopholes in what we do. I am grateful to the noble Baroness for raising this issue, but we are very much alive to the need to ensure that the replacement certificate regime is robust and, at the same time, that replacements can be issued.

--- Later in debate ---

[Baroness Jones of Whitchurch]

As drafted, the Bill allows an infinite number of appeals. This concern was raised specifically by the David Shepherd Wildlife Foundation, which argued the case for deleting the unprecedented and unnecessary appeals provision. That is what we have tried to do with this amendment.

The amendment would streamline the appeals provisions for sales exemptions for items of outstanding artistic or cultural value. It would permit applicants a formal right of appeal against the original decision to reject an application only once. If the appeal was unsuccessful, the applicant would be able to make a fresh application, and pay the appropriate fee, if they wished an item to be considered again.

The cost of an application fee is intended to be cost neutral. However, under the current provision, if an individual refused to accept the decision that an item does not qualify for an exemption, they could effectively frustrate the appeals process with successive appeals, each of which would require detailed consideration and a response. If a number of people submitted repeated appeals, that would inevitably have implications for resources and could have a detrimental impact on other activities, including enforcement of the regime. We believe that limiting the right to appeal against a decision to only once is sufficient to protect individuals’ property rights. There are many examples across government where decisions on applications can be appealed only once, including visa applications and school places. I am sure that there are many more. Furthermore, this would avoid establishing a new precedent under UK law that would introduce a convoluted formal appeal process for what is in effect a specialised form of wildlife trade licensing.

There is no appeal system for any other wildlife trade licence issued in the UK, including those under CITES, let alone anything wider than that. We therefore hope that the Committee will feel able to support our amendment.

I have a quick comment on Amendment 16 in this group. On the face of it, I do not have a problem with this amendment. I would have thought that it made sense for appeals to be heard by someone with expertise, and it may be that the Minister is able to reassure noble Lords on this issue so that they do not feel it necessary to pursue the amendment. I beg to move.

[Lord De Mauley]

My Lords, I shall speak to both amendments in this group but deal with Amendment 16 first. Rightly, the Bill makes provision for circumstances where the owner of an item disagrees with the decision of the Secretary of State to refuse to grant an exemption certificate. Under the existing wording, the Secretary of State could simply appoint a lawyer with no knowledge of, or expertise in, ivory artefacts in order to determine the appeal. The intention of the amendment is to make sure that the appeal is heard by someone who has expertise and experience in assessing ivory works of art. An understanding of cultural property and of the methods used by curators or art market professionals to decide on the authenticity and age of such objects would be vital skills for the appointee. He or she would need to understand the reasons for the rejection and ask all the right questions. It would be unjust for all concerned if the person appointed to this role is someone unfamiliar with the relevant issues.

I turn to Amendment 15, tabled by the noble Baroness, Lady Jones. To my mind, refusing further appeals beyond the first appears to fly in the face of natural justice. Take an object such as one which an applicant understood had been owned by a famous person such as Admiral Nelson. At the time the first appeal was heard, it may be that the extent and quality of the evidence in the possession of the applicant to back up the purported provenance was deemed insufficient. Further irrefutable evidence may later come to light. Surely the applicant should be given the opportunity to present this information a second time.

[Lord Gardiner of Kimble]

My Lords, I thank the noble Baroness for her amendment, which would prevent a person applying for a Clause 5 appeal more than once. As drafted, the Bill will allow applicants to appeal a decision either to revoke or refuse the issuing of an exemption certificate for a pre-1918 ivory item that is a rare and important example of its type, so that it can be protected by an exemption. Clause 5 will enable the details of the grounds to be set out in secondary legislation. Noble Lords will be aware that the Delegated Powers and Regulatory Reform Committee has questioned this approach and recommended that more details should be set out in the Bill. We are grateful to the Committee for its consideration of the Bill. We are carefully considering its recommendations and will respond in due course and, if necessary, seek to amend the Bill on Report.

--- Later in debate ---

[Lord Cormack (Con)]

My Lords, this amendment and Amendment 18, which are grouped together with a number of other amendments, are succinctly explained thanks to the new custom in your Lordships’ House of being able to add a sentence of explanation. As the one for Amendment 17 says:

“Not all miniatures would be covered by this limit. This amendment would allow more flexibility in judging miniatures”.


There is clearly going to be a considerable amount of bureaucracy following the enactment of the Bill. Anything that can be done to reduce that must be good for everyone, and good for the public purse. If we are going to have experts—and it will only be experts—looking at miniatures, and they have to worry because a miniature is 325 square centimetres rather than 320, that really is preposterous. Therefore, I suggest that this is a constructive, simple and sensible amendment.

Similarly with Amendment 18, we have this arbitrary figure of 10% in the Bill. Brief reference has already been made in your Lordships’ House today to a recent case that came about as a result of a presidential edict in another country. I refer to a wonderful piece of 18th century Chippendale furniture from which, because it fell foul of the United States’ regulations, the owner felt obliged, in submitting it for auction to one of the major London auction houses—I think it was Christie’s—to remove the ivory escutcheons and substitute celluloid. It was the desecration of one of the finest pieces of English furniture of the 18th century. What an act of vandalism—an act committed because of the perception of regulations in another country. The consequence was that the piece failed to sell, although when it was sold some years before it was recorded as the most expensive piece of English 18th century furniture ever sold.

Reference has been made in our debates to some of the wonderful inlaid boxes from India. Many of them came from Goa, the Portuguese enclave. They are inlaid with ivory, and some are incredibly intricate and beautiful. But how do you really determine whether the volume of ivory is 10% or not? My noble friend Lord De Mauley has tabled a more sensible amendment than mine, given that he wants to make the figure 50%. I feel slightly ashamed of my own modesty in putting down only 20%, and applaud his adventurism in putting down 50%. However, we are dealing with a Government who seem hardly sympathetic to aesthetic considerations, who seem to be in the process of branding themselves as desecrators and champions of vandalism.

The figure of 20% is indeed very modest. Are we really going to endanger some fine artefacts from another age, albeit not necessarily of museum quality, because they have ivory from an elephant long, long dead? Here is a case, if ever there was one, of the best being the enemy of the good. Just imagine if we said that in our churches only monuments by Rysbrack and Nollekens would be allowed to remain from the 18th century and the others would have to go. That would be absurd. Why, therefore, do we have to say that something which may not be superlative but is still incredibly good, still part of our history, should be endangered by this arbitrary limit?

I hope that some sympathetic consideration will be given to these two points as well as to the others covered in the amendments which have been grouped with my two amendments. I like to think that we are a civilised country, and I feel that this is a civilised House. I do not want us to put on to the statute book something that, in fact, runs counter to civilisation. I beg to move.

[Lord De Mauley]

My Lords, I should like to speak to Amendments 18, 19, 21, 22 and 23 in this group. I will not deal at length with Amendment 17 moved by my noble friend except to say that I have considerable sympathy with it.

Starting with Amendments 18 and 19, the 10% threshold chosen for the Clause 7 exemption is another major aspect of the Bill that has caused enormous concern among those who handle antiques. In Committee in the other place, the Minister, David Rutley, rightly explained that objects,

“such as inlaid furniture or a dish or a teapot with a small ivory handle are not valued on the basis of their ivory content. Further, in such pieces, the ivory is incidental and integral to the item. It cannot be easily removed, so it is not vulnerable to recarving”.—[Official Report, Commons, Ivory Bill Committee, 14/6/18; col. 92.]

The Minister also made it clear at column 98 that the Government have no intention of unduly affecting artistic and cultural heritage.

There are plenty of objects with, say, 20% or 30% ivory content, and thus where ivory is still not the predominant material, such as inlaid or veneered Indian boxes and antique silver coffee pots, to which precisely the same characteristics apply; they are not valued on the basis of their ivory content. The ivory is incidental and integral to the item and thus not vulnerable to recarving. The Minister in the other place also said:

“It was refreshing and encouraging to hear in evidence that the 20% threshold will work for the vast majority of musical instruments, and that the enforcement agencies feel comfortable that that is a way to take the process forward”.—[Official Report, Commons, Ivory Bill Committee, 14/6/18; col. 109.]


It is therefore a mystery why the Government have opted for a 10% threshold for one group of items and 20% for another. It is inconsistent and it is illogical.

What are the particular features of an object such as an inlaid Georgian tea caddy with 12% ivory inlay that renders it any more likely to be reused or valued for its ivory content than a musical instrument such as a baroque lute containing the same proportion of decorative ivory inlay? In the Second Reading debate in the other place and in the Public Bill Committee sittings, no examples were given by the Minister there of known cases where antique objects inlaid with ivory had been valued based on their ivory content or had been bought for the purpose of having their ivory removed. Neither do I believe were Art Deco bronze and ivory sculptures cited, nor were antique silver tea and coffee services demonstrated to have been sold for these purposes. In fact no evidence has been brought forward by anyone in any of the debates to suggest that where ivory represents less than half of the volume of a historical object, it contributes to poaching.

To discover whether items made from a mixture of ivory and other materials are being bought by people from the Far East, it would be helpful to have some data. Unfortunately, as I have already mentioned, the readily accessible UK export data for ivory held by the CITES secretariat distinguishes only piano keys from other carved items, so we do not know how many inlaid wooden boxes or bronze and ivory sculptures are being exported to China, but I would hazard a guess that the number is very low. It would be surprising if the Animal and Plant Health Agency had evidence of antique items where ivory is not the principal material being purchased in vast numbers and at prices well above the value of their ivory content, with a view to removing the ivory in China and selling it at the low price commanded by second-hand ivory.

The witness from the International Fund for Animal Welfare to the Bill Committee in the other place spoke on 12 June 2018 at column 14 and quoted $450 per kg as the price of raw ivory. A Georgian sterling silver tea pot worth £2,000 might contain an ivory handle weighing 80 grams. Using the IFAW figure, that 80 grams would currently be worth £36. As an old and pre-shaped piece, it would be worth even less, perhaps only £10. Why would someone pay £2,000 for the purpose of acquiring ivory worth just £10? If they removed the ivory they would also damage the integrity, and thus reduce the value, of the item for which they had paid £2,000.

How should we respond to the grandmother who owns a genuine early Victorian silver coffee pot with an original ivory handle or insulator, who is prevented from selling it and using the £1,800 proceeds to contribute to her grandchild’s university education? No one has demonstrated how a genuine antique of this nature has any connection to the poaching of elephants, so why should its owner be penalised in this way? The Minister in the other place referred in Committee at column 92 to the federal system in the US having a 50% by volume limit combined with a 200 gram weight threshold. It is understood that this restriction applies only in respect of objects that are not antiques.

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[Lord Gardiner of Kimble]

My Lords, these amendments relate to exemptions. As I said previously, this part of the Bill has involved close consultation and dialogue with all interested parties.

A considerable number of amendments are in this group. That in the name of my noble friend Lord Cormack would remove the size qualification, set at 320 square centimetres, from the portrait miniatures exemption. As the noble Lord, Lord Grantchester, said, this exemption came out of the consultation and formed a further exemption that perhaps had not been identified before.

During the House of Commons evidence session, an expert on portrait miniatures gave evidence on how the exemption for portrait miniatures could be refined by the addition of a size limit. It is important to ensure in legislation that we have as much precision and certainty as possible. The evidence provided to the committee suggested that a size limit of six inches by eight inches for portrait miniatures would be very sensible, as it would cover the vast majority—I say to my noble friend Lord Crathorne that the expert thought this to be 90 to 95%—of pre-1918 portrait miniatures.

The Government were persuaded by this new evidence to include a size limit to this exemption and for it to apply to the visible ivory surface. We have again taken the suggestion of the expert to whom the noble Lord, Lord Grantchester, referred of six by eight inches, converted this to metric—when I took advice, I was told that this is now the way in which official bodies conduct themselves, but I do not want to get into imperial and metric—and expressed it as a total surface area in recognition of the high number of portrait miniatures which are circular or oval in shape. Further—I do not know whether this will be helpful to my noble friend the Duke of Wellington—the Bill makes it clear that the frame will not be included in the calculation of the surface area of a portrait miniature. In consultation with stakeholders, we will issue detailed guidance on the exemption criteria, which will include simple steps on how to measure surface area. This amendment was widely supported in the other place.

On the amendments about “de minimis”, I have previously mentioned the extensive work that we have carried out with stakeholders to shape this Bill and we have come to a proportionate response—mindful of what the noble Lord, Lord Grantchester, said about my own party’s 2010 and 2015 manifesto commitments to press for a total ban, referred to in the Explanatory Notes. As such, the de minimis exemption is part of a wider package of narrow and carefully defined exemptions which accounts for a range of views. To broaden the scope of the de minimis exemption would therefore not only weaken the ban but undermine this carefully balanced package. It is important to note that, in determining this package, exemptions for portrait miniatures and the rarest and most important items of their type were included. The exemptions allow for items that would have otherwise been excluded if only the de minimis exemption applied. We can tout percentages, but some states in the United States, including California, have put in place a 5% threshold for their de minimis exemption, setting an even higher bar.

The Government agree with the points made by noble Baroness, Lady Bakewell, and the noble Lord, Lord Grantchester. We believe that a 10% de minimis threshold demonstrates a robust but proportionate approach to this exemption. For example, the exemption will allow the dealing in items such as inlaid furniture to continue, but it will prevent dealing in items containing larger amounts of ivory.

My noble friends have also suggested that we specify volume in cubic centimetres, below which any item may be considered exempt. This could, I am afraid, act as a loophole for those wishing to export solid pieces of ivory to major-demand markets in the Far East. These items are at risk of being re-carved to suit local tastes, thereby further fuelling the demand for ivory and its social acceptability—we have to go back to the public interest in all this; the public interest is to do all we can do across the world to prevent the extinction of the elephant in the wild.

I recognise noble Lords’ interest in how the de minimis exemption will be applied and can assure them that information on how the volume should be assessed will be outlined clearly in guidance. For example, when registering an item, the owner will make their own assessment of the percentage volume of ivory, meaning that no damage is likely to take place. It will also be made clear that any voids which are integral to the item— for example, in a chest of drawers—will be included in the overall volume of the item.

Enforcement bodies have made clear from their experience with existing legislation that a percentage volume is the most practical measurement in assessment and enforcement, as it allows assessments to be carried out by eye. To assess the total weight of ivory in an item would be far more difficult and could even mean that ivory needed to be removed to be weighed, thereby possibly damaging the item. I hope that my noble friends will understand that we do not seek to damage such items.

My noble friends, in particular my noble friend Lord De Mauley, also raised a number of points about the definition of “integral”. I want to explain how we have arrived at this definition and why we are unable to accept his amendment. Evidence provided to us during the public consultation demonstrated a significant risk associated with any de minimis exemption if the right protections are not put in place. Criminals could, for instance, attach a large, solid piece of ivory to another product for it to meet the volume threshold of the de minimis exemption. For example, solid pieces of ivory may be added as a handle to a wooden walking stick, or larger pieces may be attached and presented on a large plinth in order for the ivory to be only 10% of the total volume. Such solid pieces of ivory could subsequently be removed, re-carved and sold in major-demand markets of the Far East, thereby further fuelling demand for ivory.

[Lord De Mauley]

I am not sure that I fully understand my noble friend. Would not these then be modern creations?

[Lord Gardiner of Kimble]

Not necessarily, my Lords.

For this reason, the criteria of the de minimis exemption include a point about the ivory needing to be integral to the item. To avoid a potential loophole being created, it is necessary that the definition of “integral” is sufficiently strict. I recognise my noble friend Lord De Mauley’s points in regard to certain items that this may affect, but we believe that the risk of the exemption being exploited by criminals to sell what should be illegal ivory items is too great.

I am not sure whether I should now refer to the noble Lord, Lord Inglewood, as my noble friend or as the noble Lord, but, whatever he is, he is my noble friend. Taken together, his amendments would remove the requirement to register pre-1947 items with less than 10% ivory by volume. We want a robust yet proportionate compliance process. I want to explain how we have ensured this in the Bill and why the Government do not feel it right to accept the amendment. I have already made clear the intention of this ivory ban and why we have decided to include narrow and targeted exemptions. These will facilitate a limited ongoing trade and allow owners of exempt ivory objects, and those involved in their sale, to continue ongoing commercial activities in ivory. It is, however, crucial that such activities are limited to objects that are unlikely to contribute to the poaching of elephants and that these exemptions are not exploited by those wishing to deal in illegal elephant ivory products.

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[Baroness Bakewell of Hardington Mandeville]

My Lords, I shall speak to Amendment 26. Given the information that the noble Baroness, Lady Quin, has provided about the dwindling number of Northumberland pipe makers, it would be a great shame if this delightful pipe were to fall into disuse. I thank my noble friend Lord Beith for his description of the sweet sound that the pipes make and I agree completely with his description, having been dragged along—no, having gone along with my husband—to many concerts where the Northumberland pipes were playing. I urge the Minister to talk to his colleagues to see whether some compromise could be reached to secure the future of the Northumberland pipes.

[Lord De Mauley]

My Lords, noble Lords would expect me to deal with Amendments 25 and 27 in this group. However, they are almost identical to Amendments 21 and 23 respectively, which were in the last group that we debated. Normally in my experience it is Back-Benchers who try to degroup and the Government who try to group up, so this situation must be somewhat unusual. Noble Lords will be pleased that despite the Minister’s response, which did not really address the issues, I do not propose to make the same points again. Instead I will simply say that they apply here as well.

[Lord Grantchester]

My Lords, this group of amendments relates to the exemption definition of musical instruments with less than 20% of ivory content. The backstop date at which Asian elephants were first listed in Appendix I of CITES was 1975, before the poaching crisis of the 1980s. Evidence provided through the consultation, including from the Musicians’ Union, showed that that the vast majority of commonly played and traded instruments, including violins, pianos and bagpipes, contain 20% ivory or less by volume. Unfortunately, I understand that Northumbrian pipes would not qualify under this category due to their size. I appreciate the high esteem that these pipes enjoy and the passion with which my noble friend Lady Quin has spoken, but I gently suggest to my noble friend that there might be other ways in which that tradition can be kept alive for future generations. Instruments containing ivory can still be gifted, donated and bequeathed—perhaps, for example, to a dedicated local organisation or even the Northumbrian Pipers’ Society itself—to enable future pipers to enjoy their music. The region could also grant or fundraise for newly manufactured instruments to use ethical alternatives for ivory. I would like the Minister to confirm that that solution would be possible for the Northumbrian pipers. I also reiterate my previous comment that the registration of any exempted items, including musical instruments, is necessary to ensure compliance.

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[Lord Gardiner of Kimble]

As ever, the noble Baroness is very generous in saying that.

I wonder whether my noble friend Lord De Mauley disagrees with my remarks, rather than my not having responded. One of the things I try to do is always to ask whether we have we answered the question. It may be that he and other noble friends simply do not agree with the analysis.

[Lord De Mauley]

The Minister answered a different question.

[Lord Gardiner of Kimble]

Given the hour and the debate that follows, perhaps we could explore that another time.

We have sought to bring forward a proportionate proposal on the musical instrument exemption. We are not in a position to support any further extensions of the exemption in what we believe is a very carefully considered package. I want to explore further the question raised by the noble Baroness. On that basis, I ask my noble friend to withdraw his amendment.

Ivory Bill

Lord De Mauley Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 10th September 2018 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, due to illness in the family, my noble friend Lady Bakewell is not present for this part of Committee, although I believe that she will be along later. In her absence, I want to intervene briefly in support of the remarks of the noble Baroness, Lady Jones.

The noble Lord, Lord Cormack, has started off Committee in fine, eloquent style, but the phrase “coach and horses” springs to mind as a result of what he had to say. The noble Baroness is absolutely right: the kind of amendment that the noble Lord is putting forward would serve only to introduce further ambiguity and uncertainty into a Bill which has been designed to make sure that we do not have the ambiguities and uncertainties of the current legislation. The noble Lord, Lord Berkeley, had it absolutely right: the difficulties in identifying the difference between pre-1947 and pre-1918 ivory are rife. John Betjeman disapproved strongly of fish knives—

[Lord De Mauley (Con)]

I draw the noble Lord’s attention to Clause 7, for example, which already contemplates differentiating by date. The Government are obviously aware of a way in which this can be done.

[Lord Clement-Jones]

My Lords, I am sure the Minister will deal with that issue as far as this amendment is concerned, but to introduce further differentiation into the Bill is extremely unhelpful, particularly in the light of its intentions and the fact that the CITES convention will take place later next month. I do not think that that would be a particularly good symbol.

I am the proud owner of a set of fish knives—I do not believe that John Betjeman would have approved of them. I am firmly in the category that the noble Lord, Lord, Cormack, has identified as being caught by this provision. I am very relaxed about it. I do not believe one should be able to trade, deal or sell that kind of commodity. It is the sort of thing you pass on to your descendants. I very much hope this provision will remain part of the Bill.

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[Earl Attlee (Con)]

My Lords, I have sympathy with the amendment. I have nothing further to add but the noble Lord, Lord Clement-Jones, has come up with a convincing set of arguments. I hope that the Minister will come up with some rather more powerful arguments than were contained in his letter.

[Lord De Mauley]

As noble Lords have heard, despite a ban on international trade in ivory, tens of thousands of elephants are killed each year for their tusks. It is a tragedy and every respected antique dealer would wholeheartedly agree that everything possible must be done to bear down on it. Having in an earlier phase of my life been the Minister responsible for the UK’s efforts to bear down on illegal wildlife trafficking, I now find myself as chairman of LAPADA, the art and antique dealers’ trade association and, as such, declare an interest. Although my remarks represent my own views, they are informed by what I have learned in that capacity, as well as that of a former Minister.

As with countless other businesses today, antiques are marketed and promoted online and professional antique dealers increasingly use the internet to sell antiques and works of art. Amendment 4 would be extremely unfair on some who may deal with exempt ivory. Furthermore, it is not necessary to give effect to the Bill. In addition, to underline the fact that it is unnecessary, I point out the inconsistency of exempting musical instruments from these restrictions. I take it that anyone advertising an item online who has been granted an exemption certificate, or who has registered the item under the Clause 10 provisions, would be advised to indicate the existence of the certificate or registration as part of their promotional material.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Lord, Lord Clement-Jones, for raising this issue today. We touched upon it at Second Reading and noble Lords have referred to the letter from the Minister that we received in response to that. The noble Lord will know that we have considerable sympathy with the arguments that he has put forward this afternoon. The online sale of items containing ivory is undoubtedly the most difficult market to police. The Committee has already heard that the worst violations of existing restrictions take place online. It is a global trade, using global communications. As the noble Lord said, the poachers and middlemen have sophisticated communication networks, including codes and jargon to conceal the real nature of the goods being traded. This is happening globally, across borders. This is why, ultimately, we need a global response to close these markets down. It is an area for the UK Government alone to be effective in doing this.

We also know that, as the noble Lord said, we have limited resources to police these sales. This issue is covered in amendments to the Bill which we will come to later. I also like to think that the measures already in the Bill and the additional amendments we propose would at least bring the legitimate UK online trade under control. The requirement for exemption certificates; the need for registration and photographs; the oversight of professional institutions; the removal of the defence of ignorance for buyers and sellers and the tightening up of enforcement should help to deliver more watertight controls. I understand the argument about proportionality and we need to bear it in mind quite sensitively.

Although I am sympathetic to the noble Lord, I wonder if, at this time, we should let the current proposals run and then use the reviews we are proposing in later amendments to the Bill—for example, working with the National Wildlife Crime Unit and border police—to assess how effective the Bill has been. That would give us the opportunity to look at whether we still have an online problem. The onus is on the Minister to reassure the Committee that this is going to be effective in tackling online trade. Otherwise, the whole Bill will be effectively undermined if all the trade moves towards there.

I would like to think that the checks and balances are there. It may be that we have been proved wrong. I would like to hear more from the National Wildlife Crime Unit about whether it thinks it can manage within the existing constraints. If it feels it can do it, albeit it will probably need some extra resources—we are all well aware of that—then I am inclined to take it on trust at this moment. However, it is certainly an important issue to get right.

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Moved by

[Lord De Mauley]

5: Clause 2, page 2, line 11, leave out “pre-1918” and insert “pre-1947”

[Lord De Mauley]

My Lords, I will deal with Amendments 5, 6, 8 and 9 in this group, and start with Amendment 5. Clause 2 represents a feature of the Bill that has resulted in the largest number of concerned comments from people who handle antiques, so it is no coincidence that we have today several amendments that address this clause.

The dateline chosen for Clause 2—for objects of,

“outstandingly high artistic, cultural or historical value”—

is, as I say, causing considerable concern. According to Clause 36(3)(a), only cultural objects made before 1 January 1918 would be eligible for an exemption certificate. It is mystifying that 1918 has been used for this exemption when it appears that even an ordinary upright piano made in 1965, with keys faced in ivory, would qualify for exemption, yet a great work of art created by a leading artist from the 1920s or 1930s would not. As things stand, no items from the Art Deco movement would gain an exemption certificate. Art Deco is greatly celebrated in the fields of architecture and artistic design, and in 2003, the Victoria and Albert Museum devoted a major exhibition to the subject.

The Minister in another place has previously expressed the desire not,

“to unduly affect artistic and cultural heritage”.—[Official Report, Commons, Ivory Bill Committee, 14/06/18; col. 98.]

Is my noble friend the Minister aware that modern British art of the 20th century, by artists both living and dead, is a thriving, distinctively British and well-respected genre? On 20 June, the auctioneer Christie’s devoted its entire day’s sale to the subject. The sculptor Richard Garbe worked in a number of different media in the 1930s, including bronze and ivory. His monumental work includes sculpture in the collection of the National Museum of Wales in Cardiff, and many of his works would be considered pre-eminent by the panel that considers acceptance of historical objects in lieu of tax. The effect of the 1918 cut-off date would be to prevent his great works being sold or exported by their owners.

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[Earl Attlee]

My Lords, I apologise to the Committee for not giving my counsel on this group of amendments: I am conflicted out, but it has nothing to do with ivory.

[Lord De Mauley]

My Lords, I have listened carefully to what my noble friend the Minister said and I shall read it in Hansard as well. I did not hear him or, indeed, the noble Baroness, Lady Jones, address, for example, the matter of the greatly respected art deco movement, which is all post-1918 and therefore not covered by the 1918 exemption, or the misleading 2016 export figures that are often trotted out. I just hope that the Government know what they are doing. I shall not press these amendments today; I reserve the right to bring them back on Report, but for now I beg leave to withdraw the amendment.

Amendment 5 withdrawn.