Ivory Bill

Lord Gardiner of Kimble Excerpts

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

[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.

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

My Lords, I join all noble Lords in saying that I very much look forward to the early return of my noble friend Lord Carrington of Fulham and, indeed, the noble Baroness, Lady Bakewell of Hardington Mandeville, for later stages.

My noble friend’s amendments intend to allow pre-1918 ivory objects to be bought, sold and hired within the United Kingdom, regardless of whether they meet one of the exemptions. Indeed, my noble friend—and this has been raised already—used words such as “confiscation” and “loss of ownership”. These measures precisely do not affect the right to own, gift, inherit or bequeath ivory. They are precisely not for that purpose.

As this is the beginning of Committee stage, I reiterate the overriding purpose of this Bill. Its intention—and the noble Lord, Lord Clement-Jones, also made this clear—is to introduce one of the strongest ivory bans in the world, with narrow and limited exemptions, to curtail the demand for ivory that currently threatens the elephant with extinction. As your Lordships know—a number of noble Lords have referred in different ways to the public consultation—there is overwhelming public support for this ban. I say to my noble friend in particular that we have worked extensively with conservation NGOs, the arts and antiques sector, and musician and museum sectors to help shape this Bill, and we believe it is a proportionate response.

The exemptions outlined in the Bill have been included to allow limited dealings in ivory to continue where they are unlikely to contribute to the poaching of elephants. To allow all pre-1918 ivory items to be bought, sold and hired, regardless of whether they meet one of the exemptions, would significantly undermine the aim of the Bill and the carefully balanced package of exemptions. My noble friend is, of course, conversant with Clause 2, which we will address in more detail later. We have specifically created an exemption so that pre-1918 ivory items that are of outstandingly high artistic, cultural or historical value, and which are the rarest and most important examples of their type, can continue to be traded.

I suggest to my noble friend that his other amendment concerns the offences of buying or hiring ivory as the owner within the UK only. Subsection (4)(b) concerns selling and hiring ivory as the lender both in and outside of the United Kingdom. My noble friend and my noble friend Lord De Mauley have raised a number of issues about the antiques sector. A 2016 report by TRAFFIC, the wildlife monitoring network, on the UK’s domestic ivory trade, showed that consumers of UK antique ivory are increasingly from Asia, particularly China, Japan and Hong Kong. This constitutes a change since the last UK ivory market report in 2004, which found that most buyers were from Europe and the United States. This worrying shift demonstrates that the UK antique ivory market is increasingly connected to the Far East, where the demand for ivory is highest, further fuelling the demand for ivory, and its social acceptability.

I also want to refer to a point in the discussion between the noble Baroness, Lady Jones of Whitchurch, and my noble friend Lord Cormack. As I mentioned at Second Reading, the 2010 report from the United Nations Office on Drugs and Crime concluded:

“The trade in illicit ivory is only lucrative because there is a parallel licit supply”.


This is precisely why we are having to introduce a ban, with only tightly drawn exemptions that are unlikely to continue to fuel the illegal trade and poaching of elephants. To allow all pre-1918 ivory items to be traded would further perpetuate the demand for ivory and undermine the effectiveness of the ban. I agree with what the noble Baroness, Lady Jones of Whitchurch, and the noble Lord, Lord Clement-Jones, said: we have got to bear down on the situation in which 20,000 elephants a year are being slaughtered. We saw only last week reports from Botswana of this slaughter continuing, and the status quo at the moment is simply not acceptable. This country has to lead. We have a responsibility to lead. We are one of the world’s largest exporters of ivory and we must act. So, for the reasons I have given, I am not able to support my noble friend’s amendment and I respectfully ask him to withdraw it.

[Lord Cormack]

I had hoped we might have a rather longer debate on this, but of course I listened very carefully to what my noble friend the Minister said and I obviously have no intention of dividing the House today. I believe very much in the unwritten convention in your Lordships’ House that it is better to have divisions on Report than in Committee. However, I shall certainly be framing amendments for Report because I have not been convinced by anything that my noble friend or the noble Baroness, Lady Jones, have said that we are assisting the elephants by forbidding the sale of genuinely antique ivory items. I just do not accept that, and although I accept that there have been consultations with the antique trade, with which I have no pecuniary connection and no interest to declare—I have bought the odd thing in an antique shop, although not ivory—I know that those who have been part of these negotiations have not been entirely convinced that their point of view has been really seriously taken on board.

I think that my noble friend must also realise that we are one country. Quite shortly, much to my regret, we will not be part of a European group of countries, and what will happen, as I have already quoted from the note from the chess collecting chairman, is that things will be sent abroad: they are going abroad quite quickly now. I think it is a pity that we are taking this real sledgehammer to this; nevertheless, there is no point in prolonging discussion now and I beg leave to withdraw the amendment.

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[Baroness Jones of Whitchurch]

My Lords, I shall speak to Amendment 10 in this group. I rather resent the implication that the noble Lord, Lord Clement-Jones, and I do not understand the significance of beautiful works of art. That is clearly not the case. The debate that we are having is about—and we are repeating this time and again—how we can stop the illegal poaching of elephants to create, if you like, imitations of beautiful works of art.

We take a very different view from other noble Lords who have spoken to amendments in this group who have in some way wanted to water down the application of the Bill. We believe that the current definition of,

“outstandingly high artistic, cultural or historical value”,

is too subjective and too widely framed and therefore too difficult to apply with any certainty. We therefore believe that we should set the bar higher and make the definition clearer. These categories were all debated during the consultation and were framed by examining global best practice in this sector in terms of how you apply and enforce these definitions. They are designed to cover items that, when sold, do not directly or indirectly fuel the poaching of elephants, so we are back to that issue again.

We are concerned that the test has been toned down, given that there was an earlier form of wording. The earlier wording talked about the “rarest and most important” pieces, which appears to have been changed to a consideration of an item’s rarity and the extent to which it appears to be an important example of its type. Our concern is that that is difficult phraseology to apply with any certainty.

It is important that we get this wording right. If we do not, there may be other consequences that do not help what we are trying to achieve. We know that the sale of items that seem to be important and the best of their type is fuelling the market in Asia by making some items more desirable. Those who cannot afford the items classified as best of their type go out and try to find imitations, which is where we come back full circle to the reason for the Bill and the need to ensure that whatever we do does not carry on fuelling the demand for newly poached ivory. Despite what noble Lords have said, there is a link between antique and modern ivory and, therefore, a need to close that market. As I have said, the exemptions in the Bill have to be rigorously defined and enforced.

Although I shall not go to the wall on this, I would expect religious items to be covered by the current definitions. I am not convinced that we need a separate category; I would have thought that the cultural definitions covered that.

The noble Lord, Lord Cormack, said that he was worried about local and regional significance not being taken into account. Again, I think that the professionals assessing whether items meet the grade for an exemption certificate would be expected to take account of those local variations rather than just assuming that everything has a value only in the London markets.

Noble Lords are right that whatever we do in the UK is only part of tackling the problem. In many ways, we are only the middle people in an international trade that is passing through our country. That is why the Secretary of State is right in wanting to use the forthcoming international wildlife crimes conference as a means for the UK to put pressure on other countries. There is no point in us trying to do it in isolation; we have to make sure that other countries follow suit, as a number already have. This legislation is only part of the jigsaw, but we have to play our part in all this. To do that, we have to get rigorous, enforced definitions right. I am not sure that we have got them right at the moment and worry that there is too much room for subjectivity, but I am sure that the Minister will reassure me and others that the current definitions hold up.

[Lord Gardiner of Kimble]

My Lords, my noble friends’ amendments would widen the scope of Clause 2 to allow more items to fall under this category of exemption, while the noble Baroness, Lady Jones of Whitchurch, strives to tighten it. As noble Lords will know from Second Reading, the Government came forward with the current set of exemptions in discussion with the antiques and museum sector.

The Bill’s intention is to prohibit commercial activities concerning ivory in the UK and the import and re-export of ivory for commercial purposes. My noble friend Lady Rawlings and other noble friends mentioned the UK’s market. Between 2005 and 2014, 31% of ivory exported from the EU for commercial purposes was from the UK; the number of worked ivory items exported to mainland China increased from 2,000 to 11,000 between 2010 and 2014, and the UK Border Force recorded 602 seizures of illegal ivory items moving into and out of the UK in the four years between 2013 and 2017.

This is the scenario in which we exist and why what we have had before is simply not good enough. I emphasise that we intend this to be one of the toughest bans in the world. We are clear as a Government that this is the right thing to do in terms of leadership. We also recognise—I feel that my noble friends in particular as owners of ivory see this differently from me—that the public interest of saving the elephant has the supremacy on these matters. However, we have sought as a responsible and reasonable Government to ensure exemptions that we think are proportionate. That is why the limited and targeted exemption from the prohibition on dealing for pre-1918 ivory items which are of outstanding,

“artistic, cultural, or historical value”,

have a rarity value and are important examples of their type is legitimate.

As has been said before, it is not the Government’s intention to affect our artistic and cultural heritage unduly. This exemption recognises that a certain stratum of ivory items are traded not because they are made of ivory, but due to their artistry or rarity. I assure both my noble friends and the noble Baroness, Lady Jones of Whitchurch, that the Government have worked extensively with conservation NGOs and the arts and antiques sector to shape this exemption. We believe that the clause, as it stands, is a proportionate approach and any change would undermine this carefully balanced position. Indeed, the chairman of the Society of Fine Art Auctioneers welcomed the distinction our proposals make,

“between the market for ivory as a substance … and the market for works of art whose significance lies in their status as works of art, not for what they are made of”.

The criteria which must be met for an item to qualify under this exemption are intentionally narrow and will be detailed in statutory guidance. My noble friends Lord De Mauley, Lord Cormack and Lord Inglewood referred to religious significance being a key factor for consideration when determining whether to issue an exemption certificate. We consider religious significance to be a factor of both cultural and historic significance—a point that the noble Baroness, Lady Jones of Whitchurch, made—so we do not believe that it is necessary to reference it separately in the Bill.

On the rationale behind the 100 years backstop, this date has been chosen as it is in line with the commonly agreed definition of “antique” as being items that are 100 years old. It represents 100 years before the Bill was introduced. The amendment from my noble friend Lord De Mauley seeks to widen this exemption to items,

“suitable ... to the collection of a qualifying museum”.

We believe that this is too broad a definition to be included as part of what is intended to be a clearly defined exemption. It is worth noting that any accredited museum may purchase an item of ivory whether or not it meets one of the categories of exemption under Clause 9. This ensures that the decision to purchase rests with the relevant experts at accredited museums.

I repeat that the rationale behind this Bill is the need to curtail the demand for ivory that is driving the disastrous poaching of elephants in increasing numbers. I noted in my Second Reading speech and, indeed, today, that this demand is fuelled by both the illicit and the licit trade. This is what the African leaders are asking to do. It is what is coming out of the UN report. It is not a Minister just saying it. People in Africa and the UN are saying to us: “Please will you bear down on your licit trade because it is part of the problem”.

I am sorry to disappoint my noble friends, but I am sure they will understand that this is designed as a narrowly drawn exemption. I am not in a position to accept the amendments and I emphasise that a great deal of attention has been paid to what are tightly defined packages of exemptions, of which this is one. I believe that the Government have produced something that is proportionate and on those grounds I ask my noble friend to withdraw his amendment.

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[Lord Gardiner of Kimble]

I will, of course, look into what my noble friend said and write a letter, which I will place in the Library.

[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.