Ivory Bill

Debate between Lord Swire and David Rutley

3rd reading: House of Commons
Wednesday 4th July 2018 Commons Chamber

[Sir Hugo Swire]

Yes, I agree with my right hon. Friend. I would say that there are legitimate concerns that still need flushing out, but I do not think anything should be done that will prevent the passage of the Bill in time for the wildlife conference. There are genuine concerns about how tight the legislation is in some respects and about how people may be inadvertently affected. I believe that legislation is only as good as the thought that is given to it, and there is nothing worse than implementing bad legislation. The legislation has to stand the test of time, and I believe the Government are trying to achieve that. I am sure that any serious points raised in the other place will be addressed suitably, but my right hon. Friend is, as usual, absolutely right that we must do nothing to prevent the swift passage of what is, in most respects, an excellent Bill.

[David Rutley]

This has been another outstanding debate on a very important subject, and I am very grateful for all the contributions that have been made.

On Second Reading, I was heartened to hear the support from all parties for the Bill. I thank all the Committee members for their important contributions on this issue and for the suggestions on how we can refine the Bill. Progress has been swift, and it is crucial that we continue that pace of progress on the Bill, as has been set out in numerous speeches.

I would like to give a warm welcome back to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). As always, the Department will benefit from her keen intellect and boundless energy in moving forward with so many important initiatives, of which this Bill is not the least. It is good that she is in her place on the Front Bench today.

We have not really discussed the intention of Government amendments 1 and 2, which seek to provide a definition of a pre-1918 portrait miniature for the purpose of the exemption in clause 6. The amendments adds a size restriction to the definition so that portraits with a 320 sq cm surface area qualify for exemption. That is the maximum area of the visible surface of the ivory “canvas”, irrespective of the size of the frame. In Committee, Emma Rutherford, a representative of Philip Mould & Company, who is an expert on portrait miniatures gave evidence on how the exemption for portrait miniatures could be refined to add a size limit. The Government listened to that expert evidence and to views expressed in Committee and have introduced proposals that set maximum dimensions for portrait miniatures. We have discussed this, but we have chosen to exempt portrait miniatures because the value of these popular items is due not to their ivory content but to their historical importance, the delicate painting and their luminosity.

Let me now move on to important subjects that have been discussed at length today. We should focus our attention on Government amendments 3 and 4 and discuss matters raised in debate. I shall then come on to discuss new clause 1. As has been said, amendments 3 and 4 will extend the power to make secondary legislation so that the definition of ivory could include that from any ivory-bearing species.

The hon. Member for Workington (Sue Hayman), in a characteristically considered contribution, asked whether the focus on elephants was initially an oversight. Non-governmental organisations, particularly during the evidence session, underlined the need to focus on elephants as an urgent priority. There was no oversight—there was a clear focus to start with—but that is not to say that we should not move on and look at other species.

We have heard passionate speeches expressing concerns about other species, from the hon. Member for Redcar (Anna Turley) about hippos, and from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). I do not think anyone will forget the speech by the hon. Member for Leeds North West (Alex Sobel), and his legendary narwhal song. We will have to find the words and start humming them in the bath, or something.

As my right hon. Friend the Secretary of State made clear on Second Reading, it is important that, as a result of this ban, the trade in ivory does not move to other species. That is why we included a power in clause 35(3) to allow other ivory-bearing species listed under CITES to be brought into the scope of the ban.

[David Rutley]

My hon. Friend has been consistent throughout the process about the need to push forward, as have many colleagues on both sides of the House. Absolutely—we need pace, and I will come on to how we will ensure that we move forward as quickly as possible in the weeks and months ahead.

[Sir Hugo Swire]

When my hon. Friend begins to explain why the Government’s proposals are better than Opposition new clause 1, will he provide the House with evidence such as potential legal challenges or judicial review that has led the Government to decide that this is a better way to proceed?

[David Rutley]

Indeed I will. My right hon. Friend has made an important point. Of course, we want to move fast, but we want whatever legislation we introduce to be compliant. We want to make sure that it is effective and enforceable legislation, and I will come on to explain more about that.

We have listened carefully to the views put forward by expert witnesses in Committee and by Members on both sides of the House, and we have made it clear that we should not wait for ivory species to become endangered before we can take action. The amendments will therefore allow us to prohibit dealings in ivory from CITES species, as is currently the case under the existing drafting of clause 35 and, additionally, any other ivory-bearing animal or species, including those that are endangered—for example, warthogs, my favourite animal.