Ivory Bill (First sitting)

Alex Chalk Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Dr Cameron]

What would you like to see?

Alexander Rhodes: First, it seems that the exemption certificates process needs to work hand in glove with the registration process. It would make sense, when one is looking at clause 10 on registration, for the Secretary of State to have to register an item under that clause if an application is made in the way envisaged in clause 10(1), and also on the issuance of an exemption certificate. That means that when an exemption certificate is issued, it is automatically put on to the register. Then I think the system ties up. Replacement certificates can be checked against the register much more closely because it is automatically part of the register in the first place. Everybody understands that things get lost from time to time, so I think it makes sense for there to be a provision for replacements, but if the exemption certificates automatically form part of the registration system, that will help.

Secondly, while accounting for data protection requirements, the register should be public, not least because if it is not, the Government are going to find themselves swamped with freedom of information requests, which we all know take up valuable time, money and resources. I actually wonder whether in the implementation, the technology may become more streamlined and efficient for the Government Departments that have to operate it. There was a question in the previous session about whether there were enough resources. Patently, one reason why the current system does not work is that the Government resources are too limited to operate it fully. If there was an electronic register and it was publicly available, that would help.

I will make one final point on this. As I said, these points are supplementary to the ones we have submitted in writing. There is some wording, if I can find it, that seems to envisage—if you have it, Charlie, maybe you will take the point?

Charlie Mayhew: In clause 4(5), we feel that more safeguards are needed for replacement certificates. As it stands, an item could have several replacement certificates, which could be used to sell similar items illegally. We are concerned that under clause 4(5)(b), someone could legally acquire an item but not obtain the certificate. A buyer should not be able to buy an item relying solely on the seller’s assurance that the item had a certificate but they do not have it any more. We suggest, as a minimum, the deletion of clause 4(5)(b), to avoid suggesting that dealing can take place without a certificate.

[Alex Chalk]

Q Stepping back from this a little, we know that, although the UK is showing global leadership on this matter, what will arguably move the dial most is what happens in huge markets such as China. To what extent are you able, at sub-governmental level so to speak, to reach out to counterparts in China to ensure that these measures dovetail with whatever is taking place in China, to ensure a truly global response that does not have loopholes?

Charlie Mayhew: If anyone had suggested back in 2014 that China would implement a ban there would have been disbelief around the table. The fact that they have gone to the extent of doing what they have done must be recognised and applauded. A great deal of credit goes to the Duke of Cambridge for the work he did on his visit to China and the conversations he had with President Xi on this subject. In that sense, the UK had significant influence in bringing about China’s ban.

We know that China is watching what the UK is doing; there has been plenty of evidence of that. By going ahead with the legislation we are proposing, we are at least backing up and endorsing China, which is the world’s biggest market for ivory. As was said earlier, we want to do everything we can to help China influence its neighbours; there is already evidence of the market displacing to some countries on China’s borders. It is good news that, although Hong Kong is working to a slightly longer timeline, it has indicated that it will impose a ban. Taiwan has done so as well, which is good. We need the other countries in the Asian bloc to follow suit; the UK taking this position now can only help to encourage that.

Alexander Rhodes: In terms of process, at a sub-governmental level we operate on the international stage in the same forums that Governments do at a governmental level—particularly, in this circumstance, through the CITES convention and IUCN. In terms of building international consensus, two international resolutions under the two international agreements stating that domestic ivory markets should be closed have been really important. The NGO community has been working closely, both together and with Governments, to try to build on and achieve those agreements, but ultimately, they are agreements between Governments.

As we look forward, although the market may close in China, there is real concern about some of its neighbouring countries. Those neighbouring countries need to come on board—first they need to agree that the domestic market should close, and secondly they need to do something about it. The UK Government will be in a much stronger position at the next CITES standing committee, and the run-up to it, if we stand shoulder to shoulder with other countries and tell them that that is what we think they should do, having ourselves passed this Bill .

[Liz Twist]

Q Let me return to the question of internet trading, which I understand is significant in this market. How can we enforce the ban effectively? Do you think the Bill already covers internet trading sufficiently, or are there more things we can do to ensure that we enforce the ban properly?

Charlie Mayhew: This is not my area of expertise, but some of our statistics suggest that through the auction houses, 91% of ivory lots sell for £400 or less. That market in trinkets and small stuff is the sort of thing you see all the time on the internet, and often the descriptions will not say “ivory”—or if they do they will say that the ivory is pre-1947. You have to do a test on ivory at quite considerable cost if you really want to know whether it is pre-1947. There is undoubtedly a big online market, and it should be covered by this Bill. Such sales tend to be items that are 100% ivory and they will not fall under the de minimis exemption. The question is to what extent the Government and enforcement agencies can realistically enforce the ban for online trading—I am sorry; that is beyond my paygrade.

Alexander Rhodes: The UK domestic trade in ivory impacts on elephants because we are the largest exporter of ivory pieces to China. From 2010 to 2015, 36,000 pieces of ivory were exported from the UK to China. The next country by volume after us was the US, with just over 9,000 pieces. We play a big role in this, and almost all of that is mediated over the internet. To my mind, if it were possible the Bill should say that ivory may not be bought and sold over the internet because that would make it so much simpler for the enforcement guys. It makes it cheaper and easier. If someone is selling ivory online, that should be the wrong side of the line so that they can be chased down.