Domestic Ivory Market

Debate between Thérèse Coffey and Owen Paterson

Monday 6th February 2017 Westminster Hall

[Dr Thérèse Coffey]

I understand the argument that people have made about any market at all, and many of the examples cited today still allow a market in ivory. It will be important, in the call for evidence, for people to come forward and demonstrate that point, for the reasons I hope to set out.

Last September, my right hon. Friend the Secretary of State announced plans for a ban on the sale of worked ivory that is less than 70 years old—from 1947 onwards. That demarcation is used across Europe and was chosen because it was 50 years before the EU wildlife trade regulations came into force to regulate trade and protect endangered wildlife. By using that date for their proposed ban on the sale of ivory, the Government are on solid legal ground to bring a near-total ban into effect quickly. For control and enforcement, there are advantages in working with a date already used by the trade and the rest of the EU to draw a dividing line.

I recognise that many people want the UK to take an even stronger stance on the ivory trade and, as the petitioners demand, that there be no trade at all in ivory. Let me reassure the House that the Government are open to views on the matter. That is why the consultation will include an open question on this, with a call for views and evidence. I am regularly informed, and have been in this debate, that other nations have banned trade, so why have we not yet done so? I think that it would be helpful to set out to the House what is happening around the world.

The US has introduced what has been described as a near-total ban. The US Government can act only at federal level, and their ban covers trade internationally and between states, although it does not affect trade within states. The ban prohibits trade in ivory items that are under 100 years old and continues to allow the trade in pieces older than 100 years, as that is the US’s legal definition of an antique. The federal ban also provides for a range of exemptions, including musical instruments and items that contain a small amount of ivory. Four states have so far chosen to apply similar controls within their state. Those restrictions do not seem to apply to establishments for educational or scientific research purposes, which includes museums. My right hon. Friend the Member for North Shropshire (Mr Paterson) referred to action by California, but he will recognise that trade continues.

[Mr Owen Paterson]

Will the Minister give way?

[Dr Coffey]

I am really sorry, but my right hon. Friend spoke for nearly half an hour and I have limited time to reply.

Last year, France made the bold announcement that it would permit trade in pre-1975 ivory only on a case-by-case basis, but since then it has consulted on the scope of its ban and is now considering exemptions for pre-1947 items and musical instruments. We look forward to hearing the final outcome of its consultation.

We welcome the announcement by the Chinese Government of their intention to close China’s domestic ivory market by the end of 2017. Again, we look forward to hearing more details of their intentions for the ban, including what the exemption allowing the auction of ivory “relics” will cover. However, the welcome closure of the carving factories this year will be a huge step in stopping the creation of new worked ivory artefacts.

Hong Kong was mentioned. The Hong Kong Government announced plans to phase out the domestic ivory trade, but it is my understanding that, again, there will be an exemption for antiques, which has still to be defined. Domestic sale will be allowed with a licence.

I have met groups on all sides of the debate, from conservation experts to antiques sector representatives, and will continue to do so. It matters that when considering the final outcome of the consultation, including the calls to go further, we know that there is a strong likelihood of legal challenge and so we would require further understanding of the impact on individuals, businesses and cultural institutions that own these items and the interaction with the conservation of elephants today. As has been pointed out, ivory is found in works from the art deco period and in musical instruments, often forming a small proportion of the item. The kind of assessment that we would have to consider would include how prohibiting the sale of a 17th-century ivory carving of the flagellation of Christ prevented the poaching of elephants today.

I note what the hon. Member for Bassetlaw said on a total ban, as indeed have other hon. Members, and what he said on museums. I am not sure whether he would go further and seek the destruction of ivory pieces, including the throne given to Queen Victoria—I am not sure whether he wants to go that far. However, I stand by the comments that I made previously about display, and I was referring particularly to the display of raw tusks, which still happens.