Wild Animals in Circuses (No. 2) Bill (Third sitting)

Debate between Simon Hoare and David Rutley

Wednesday 22nd May 2019 Public Bill Committees

[David Rutley]

I need to update the Committee on an important point raised by the hon. Member for Bristol East. Everything is okay with Anne, who was rehomed at Longleat zoo, which is licensed under the Zoo Licensing Act 1981. Anne was recently moved to a new purpose-built enclosure. She is not currently housed with other elephants but she does have other animals for company, so she is in a much better place. I thank the hon. Lady for raising the issue and I apologise for not providing that update previously. I hope I have made up ground there.

I will move on to the Bill, unless there are concerns about other animals. I will try my best to find out, though perhaps not quite as speedily.

[Simon Hoare]

Tarka the otter.

[David Rutley]

My hon. Friend the Member for North Dorset—soon to be right hon. no doubt—shows his age by mentioning Tarka the otter. Or is it timely?

Oral Answers to Questions

Debate between Simon Hoare and David Rutley

Thursday 29th November 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

The Government have already set out very clear guidelines as to what needs to be done ahead of no deal. The feedback that we have had already tells us that this is being well received.

[Simon Hoare (North Dorset) (Con)]

T2. Rural roaming can bring huge benefits to farmers, businesses and our rural communities. We are at a key point in trying to deliver it, so will my right hon. Friend commit to use all his considerable energy to convince the Department for Digital, Culture, Media and Sport that it is the right thing to do, is affordable and can be done quickly?

Ivory Bill

Debate between Simon Hoare and David Rutley

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

[Simon Hoare]

Well, there we are—my knowledge of north Wales Labour MPs is getting even better. This segues into the hon. Gentleman’s point. I would much prefer to see pressurised resources in DEFRA, the MOD and DFID, concentrated on deploying as much as we possibly can to arrest and frustrate the ivory trade and poaching, rather than the bureaucratic complexities that, in essence, underpin new clause 2 about having the report on the international ivory market. Apart from having a report to keep open a door or prop open a broken window, I am not entirely sure what the report of itself would do and what sits at the heart of the new clause.

Of course, I support the amendments proposed by my right hon. Friend the Secretary of State.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

rose—

[Simon Hoare]

With trepidation but a certain degree of honour, I give way to my hon. Friend the Minister.

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[David Rutley]

As always, my hon. Friend is very assiduous. I wonder whether he noticed today that we have announced that we intend to consult on extending the ban to include other ivory species, and we will seek to start the consultation process and gather evidence as soon as practicable or on Royal Assent. Does he not believe that that shows our clear commitment to taking action in this very important area?

[Simon Hoare]

My hon. Friend has pointed to my effective oratorical default, which is that I never, ever write a speech. I scribble notes on bits of paper and then get terribly confused—sometimes it is a shame and sometimes it is a blessing. In concluding my remarks on new clause 1, I was going to say—again, this militates against the need for it—precisely the point that my hon. Friend made from the Dispatch Box. He and our right hon. Friend the Secretary of State have made incredibly clear their enthusiasm and appetite for expeditiously moving forward to include species such as the narwhal and others, which we are keen to see included.

My hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) and I have an affection for the narwhal, which might even be described as an obsession. I think it is probably best to keep that to ourselves—we do not need to go into the whys and wherefores. However, not only have Ministers and the Secretary of State indicated the appetite to make full use of clause 35(4), but were there ever to be a change of Government—pray God that this is at such an interval that my hon. Friend and I will probably have hung up our boots—I rather get the impression that a Labour Government would also be as keen to exercise the scope of clause 35(4), so trying to put this in the Bill in a new clause is irrelevant.

In conclusion, I recognise the enthusiasm and determination that the DEFRA team have shown on this Bill. I also put on record my thanks for what I think is the unsung work of my right hon. Friend the Member for North Shropshire (Mr Paterson) and my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom)—the current Leader of the House, if I have got her constituency wrong—who did so much work when she was the Secretary of State for Environment, Food and Rural Affairs. I also thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), because only due to circumstances beyond her control was she not able to bring to the point of delivery that which she had been involved in from the moment of conception. She should take enormous pride in the Bill, because it is something that is important for the House to do. Although there was some disagreement about pace and tempo during the Bill Committee and on Second Reading, the unanimity of view does credit to this place. Too often, it is seen through the rather narrow microcosm of Prime Minister’s questions, but when this place gets it, when it understands the need to do something, there is, I suggest, no finer example of the practice of politics. It has been a privilege and a pleasure to play a part, albeit a very small one, in bringing the Bill to this stage.

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[Simon Hoare]

Hear, hear.

[David Rutley]

Quite right, too. The amendments also cover extinct species, such as mammoths. We believe that extending clause 35 to allow warthogs to be brought into the scope of the ban is important due to the risk of displacement. That has been talked about by several people, including my hon. Friend the Member for Witney (Robert Courts). We also recognise that mammoth ivory is sufficiently similar to elephant ivory that its continued sale could perpetuate the demand for elephant ivory.

I would like to thank my hon. Friend the Member for North Dorset (Simon Hoare), of warthog fame, and my hon. Friend the Member for Mid Derbyshire (Mrs Latham)—we will not forget her contributions in Committee on mammoths—for their determined commitment to these species. The Government are clear that we should work together for the Bill to move swiftly through Parliament and that we should not allow the Bill to be derailed. Quick passage is important as in October the Government are hosting the fourth illegal wildlife trade conference, referred to by Members on both sides of the House, at which we will bring together global leaders on this issue. The conference will build on previous efforts, address the underlying systemic issues that facilitate the illegal wildlife trade and demonstrate a step-change in the fight against this criminal trade. Our aim is to make significant progress with the Bill before the conference.

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[Simon Hoare]

What capacity is there within DEFRA post conference—I appreciate it is currently fantastically busy—if other countries want to dip into the collective expertise of both Ministers and officials on how to deliver and devise this sort of legislation? Who will be available? We should be a centre of excellence and a resource for information and knowledge.

[David Rutley]

That is another excellent point. DEFRA officials work very closely with their counterparts in other countries. The conference in October will be a perfect opportunity to bring parties together. If further co-operation is required they will be ready to do that, but there is important work to do in the UK as well.

The Government want to ensure that if in future we decide to extend the scope of the ban, any legislation which applies to ivory-bearing animals or species is robust, proportionate, defensible, enforceable and, importantly, compliant with the European convention on human rights. We will therefore ensure that we gather and analyse evidence on the market for ivory from the other species. We therefore think that it is vital to consult on any proposals and gather views and evidence from stakeholders and the public. That would support an analysis that will focus on the impact of the measures—

Ivory Bill (Third sitting)

Debate between Simon Hoare and David Rutley

Committee Debate: 3rd sitting: House of Commons
Thursday 14th June 2018 Public Bill Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is an honour to serve under your chairmanship, Mr Pritchard. Before I set out the detailed first clause of the Bill, it is worth reflecting why we are here after a very busy day yesterday. I therefore want to say a few words of introduction. The overriding purpose of the Bill is, of course, to protect an endangered species—the magnificent elephant—from being poached for its ivory. We can do that in the UK by closing our domestic market for ivory to all but a very small number of exempted items. That will eliminate the opportunity for UK markets to be abused by those trying to sell illegal ivory, and will send a very strong message globally that the UK believes that ivory should not be traded and that it is a thing of the past. It was refreshing to see the hon. Member for Workington and Members from both sides of the House agree to those fundamental points on Second Reading.

The Bill is a key part of the co-ordinated approach we are taking to the illegal wildlife trade more broadly. Hon. Members on both sides of the Committee were keen to position the Bill as such. Alone, it will not do all the work we need. We need to work on key initiatives, including providing training for heroic park rangers, who risk—and, sadly, all too often lose—their lives in protecting the wildlife that we and they value so much. As we look forward to the illegal wildlife conference in October, we need to ensure this Bill makes as much progress as possible, so it can send the strongest message that this country, this Government and this Parliament strongly support banning the sale of ivory.

Clause 1 will ban the vast majority of dealing in ivory in the UK. Our starting point is that all trade in ivory is prohibited, unless the item in question meets one of the very narrowly targeted exemptions we will discuss later. The clause clearly sets out that the buying, selling and hiring of ivory is prohibited in the UK, that holding ivory for sale or hire is prohibited, and that the import and export of ivory to and from the UK is prohibited, unless the limited exemptions are met. This prohibition will send out a clear message that the UK will not be involved in the commercial trade of ivory, and that such activities are not acceptable.

Subsections (2), (3) and (4) define which activities are prohibited under the Bill. They align with the existing definition set out in the EU wildlife trade regulations for commercial use, which we fully respect. The clause places no restrictions on the right to own ivory or hold it for non-commercial purposes. It is important to stress that gifting, donating or bequeathing ivory is similarly unaffected.

Subsection (4) expands on subsection (2). Subsection (4)(a) states that the “buying” or selling and so on of ivory “outside the United Kingdom” is not covered by the Bill. If a UK citizen was to purchase ivory while they were in a third country and acting in accordance with the laws of that country, it would not be an offence. However, they would be required to comply with the measures in the Bill and the existing CITES regulations, should they wish to bring that ivory item back into the United Kingdom. That is why we intend to design the IT system to take account of such situations as well.

Subsection (4)(b) goes on to state that it is an offence for somebody in the UK to buy, sell or hire ivory to or from a third party “outside the United Kingdom”. In effect, this measure prohibits remote purchases—in other words, those undertaken over the internet or by telephone—unless the purchaser is satisfied that the item meets an exemption under the Bill, and registers it as such either before or at the point of purchase.

[Simon Hoare (North Dorset) (Con)]

The thought occurs to me—I do not know whether there is any evidence for this or whether it is in the Minister’s mind to consider it at some later point—what risk is there of people who hitherto traded in and collected ivory merely swapping it for another piece? “I will swap this piece that I have with that piece that you have.” No money changes hands, but in essence it is a trade at nil profit value, or something of that nature. Is there a risk of that happening, and if so, is it addressed in the Bill?

[David Rutley]

There is a risk that that could happen, but the Bill covers it, and we will look at that issue in further stages as we go through the Bill, line by line.

Subsection (5) provides a simple definition of ivory in relation to its prohibition by the Bill, capturing that “ivory” covers items made solely of ivory or worked items containing ivory. The clause is integral to banning the dealing of ivory in the UK and to achieving our aims: removing the UK from international trade in ivory; and not fuelling international ivory markets.

For those reasons, I seek the support of members of the Committee and I move that this clause stand part.

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[David Rutley]

I will first answer the question asked by the hon. Member for Workington, and I am sure inspiration on that technical point will come shortly. On ensuring that the waiver fits into the process, it will not actually be in the Bill, but it will be in the binding memorandum of understanding that we will agree and sign with those institutions. On that other technical point, I will get some inspiration shortly.

[Simon Hoare]

Does the Minister agree that of all the stellar attractions that the Opposition could put before us, the shadow Secretary of State is one of the brightest adornments of the Opposition Benches in the Bill Committee this morning? We all look forward to her erudition and forensic analysis of the Bill, and to what she can contribute to this important debate.

[David Rutley]

My goodness! I do not think I can disagree with a word of that. We are forever grateful. Indeed, I am genuinely grateful for the conversations that we have had outside the Committee and elsewhere. We are all trying to progress the Bill, and these questions are absolutely right.

The point made by the hon. Member for Redcar is particularly interesting and I would like to consider it further. We would all agree that we want museums to be able to acquire important items for public enjoyment, so we need to further understand the implications of the point she raised.

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[David Rutley]

I think that relates closely to what my hon. Friend the Member for Cheltenham said. We need to get the best available advice on how to define that. Important points were made about frames, and so forth, which need to be considered. We want to get the best advice and expertise available, to get the definition right, and then, as the hon. Member for Blaydon said, make the definition transparent and available to anyone.

[Simon Hoare]

I entirely take the point made by the hon. Member for Blaydon about the need for clarity in handling disputes. If I have heard my hon. Friend the Minister correctly, to deal with this important issue he proposes to take further soundings and seek clarification, and, when he and the Department have reflected on the amendments and discussion in Committee, to give the Government’s response on Report in the House, as is proper.

[David Rutley]

My hon. Friend makes an important point. I hope I have provided some reassurance to Members on both sides of the Committee that we are taking the matter seriously. I have never said that we are giving something serious consideration as often as I have in the past couple of minutes, and clearly my voice and tone are not as reassuring to people as they should be, but in the spirit of what we are trying to achieve, I hope that Members understand that important points were made in evidence, and there are processes that need to be undergone. Members have made important points in Committee about ifs, buts and maybes, and they need to be worked through, but I make a commitment that we shall give the matter proper consideration, with the right expertise, and move forward as quickly as we can. I hope that reassures Members on both sides.

I did not realise that there was so much interest in portrait miniatures until we got involved with the Bill.

Ivory Bill (Fourth sitting)

Debate between Simon Hoare and David Rutley

Committee Debate: 4th sitting: House of Commons
Thursday 14th June 2018 Public Bill Committees

[David Rutley]

The purpose of clause 10 is to provide the compliance regime that must be followed by the owner of an ivory item prior to carrying out a dealing that falls under any of the exemptions provided for in clauses 6 to 9. The subsections set out the registration process to be carried out on a Government website, although alternative telephone and postal methods will be provided for those who are unable to use an online system.

To register an item as exempt, the owner or a person acting on behalf of the owner must provide: their name and address; a description and a photograph of the item, including any distinguishing features; and a declaration that the item satisfies the conditions of one of the exemptions for musical instruments, de minimis items, portrait miniatures, and objects that an accredited museum has confirmed its intention to purchase or hire.

[Simon Hoare (North Dorset) (Con)]

Subsection (1)(a) refers to the registering of the owner’s name and address. With regard to the personal safety and security of the owner—because we know that there are some fanatics out there who will go to any lengths—and protection from theft and burglary, will the Minister confirm my understanding that names and addresses on the register are not available to the public? Can he also confirm whether it would be covered by the Freedom of Information Act?

[David Rutley]

I assure my hon. Friend that the individuals’ names will not be publicly available. This is purely to enable the registration process to move forward, and for the regulator and enforcement agencies to have sight of who registered the item. That information will not be made available.

[Simon Hoare]

I am pleased to hear that confirmed. What the Minister proposes is the right approach. The freedom of information request could be a thieves’ “Yellow Pages”, even if the information were to be redacted in some way. I appreciate that this is a legal question and I am not necessarily expecting an answer now, but during the course of the debate, could the Minister confirm whether, as far as the Secretary of State is concerned, that register is FOI-able? That might be helpful.

[David Rutley]

Once again, with forensic skill and deep analysis of what is going on, my hon. Friend makes another important point about freedom of information and its potential dangers for individuals. I reassure him that freedom of information protects private information, so he does not need to worry about that issue.

[Simon Hoare]

The register will be maintained by the Secretary of State in his public capacity, not his personal or private capacity. I do not want to dance on the head of a pin, but can the Minister confirm that while it is a state-held register, held by the Secretary of State, it is absolutely not FOI-able?

[David Rutley]

My hon. Friend raises quite a technical point. If he does not mind, I will write to him to provide that detail.

[Simon Hoare]

I am most grateful.

[David Rutley]

Returning to the clause, registration will require an explanation of any planned commercial activity for the item. We recognise that there might be occasions when an item is registered for non-commercial reasons, such as to satisfy insurance requirements. Subsection (1)(f) provides for the Secretary of State to specify, in guidance, any other areas of information that must be provided.

Subsection (1)(g) allows the Secretary of State to issue regulations that will prescribe a fee payable by those registering an item for commercial dealing, such as sale. The fee will be in line with the Government’s principle of cost recovery, as we talked about earlier, to reflect the cost of establishing the registration scheme, including the new IT system.

We also intend the registration scheme to apply to those who wish to import into the UK items bought abroad that meet one of the categories of exemption. Again, we have talked about some of those, such as the musical instrument exemption. By registering the item, the owner will confirm that, to their understanding, the item qualifies under the relevant exemption. This registration must take place prior to the dealing of that item. The system will be administered by the Animal and Plant Health Agency.

In submitting the required information to register an item, the owner will in effect be making a declaration that the item is as they have described. Subject to the requirements of the registration process being fulfilled, confirmation of the registration of the ivory item will be issued, which will permit the owner to engage in dealing with that specific item. Should it transpire, as a result of either a check of the system by the Secretary of State or compliance and enforcement activity by the regulator or police, that the information does not match the item in question, the owner may be liable to prosecution.

I thank the hon. Member for Workington for tabling new clause 4. I think we all agree that we need to make the process as transparent and open as possible. As we discussed in relation to new clause 1, the Government intend to publish the number of exemption certificates issued. I appreciate the intention behind the new clause, which is that the Government should be able to build up a clear picture of the movement of items exempted under clause 2 as they are bought and sold, and of items registered for exemption under clause 10. I should clarify that an exemption certificate will be associated not with a person, but with the relevant item—we touched on that earlier in the debate. A registration, on the other hand, will be valid for only one commercial dealing resulting in a change of ownership—that is, a sale. Once an item has changed hands, the registration expires.

We need to ensure the right to privacy of owners and sellers, in line with the Data Protection Act 2018. We therefore doubt whether it would be permissible to list a current or previous owner’s name on either exemption certificates or registration certificates, as they might be displayed publicly by the seller, or by someone acting on behalf of the seller. In the case of exemption certificates, they will also be required to be passed on to the purchaser.

We are looking at the possibility of publishing data annually on the types of items exempted under each category—for instance, how many pianos are registered under the musical instruments category. Again, the publication of any further detail will have to be considered in line with the Data Protection Act, in order to ensure the right to privacy of owners and sellers. We talked about some of these tensions in the earlier debate.

In addition, law enforcement agencies and the regulatory authority will have access to the database for registration, so they will be aware if previous applications have been made in respect of an exemption certificate under clause 3 or a registration under clause 10.