Ivory Bill (Second sitting)

Anna Turley Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Q To come back to Lisa’s lines of questioning, the future of the National Wildlife Crime Unit is uncertain—it could close in March 2020. What would the implication be for the enforcement of the measures in the Bill as it stands if the funding were discontinued? What pressure would that put on Border Force and how would the police deal with the Bill?

Grant Miller: Our ability to take cases and offenders before the courts would be impacted on greatly. We would be pushed into going out to each constabulary, looking for a supportive senior manager to take on an investigation on our behalf. If we were not able to find that, our activity would be just to disrupt and seize, and the threat would just continue. We share intelligence—we are very much a data-driven organisation—to get our targets and to know where we are working. If we do not get that feedback, ultimately we will become a self-fulfilling prophecy.

[Anna Turley (Redcar) (Lab/Co-op)]

Q We have heard a lot today that this is an international crime that crosses many borders. How do you operate with police forces and other border organisations around the world? Will the Bill support you in doing that? How much of an impact will your lack of resource have on your ability to work with those throughout the market around the world?

Grant Miller: We work very closely with Interpol, the World Customs Organisation, the United Nations Office on Drugs and Crime and the CITES Secretariat. In October last year, I took the chair of the Interpol wildlife crime working group, a global executive that co-ordinates and provides advice to the Interpol environment directorate on our activity. We are very well connected.

I am delighted to say that during the London conference on 10 and 11 October, we will host the Interpol wildlife crime annual conference, from 8 to 12 October. It will probably bring together in the region of 90 countries, to work through a five-day workshop along with civil society and academia, to develop intersessional projects that Interpol can work on to tackle the illegal wildlife trade. We are well connected.

We deliver training on behalf of the World Customs Organisation, in Operation INAMA, which is an African-based operation that assesses an organisation’s capacity to enforce the controls against the illegal wildlife trade. Border Force contributed heavily to its design and it is now moving on to the fifth country where the assessments will be delivered. Last month, 90 countries took part in a global operation called Operation Thunderstorm. Its results are embargoed until 20 June, but I can share with you that ivory exports from the UK were targeted, and we had some great successes. Those investigations are still ongoing with the National Wildlife Crime Unit.

[Anna Turley]

Q Are you reliant on the ability of forces abroad to provide you with evidence so you can bring these offences to prosecution?

Chief Inspector Hubble: Our role is to collate intelligence for people who are living outside the UK, and to disseminate it through appropriate channels to relevant countries. The National Wildlife Crime Unit sits on a number of working groups with Europol and Interpol to target the illegal wildlife trade. Last month, I went out to Vienna to speak at a United Nations Office on Drugs and Crime conference on how corruption facilitates the illegal wildlife trade. We work very closely with Border Force in delivering training in other countries to try to get that message across.

[The Chair]

Order. The microphones seem a little low today, and some colleagues are saying it is difficult to hear. May I encourage everybody to project and to articulate clearly? I am sure that will not be a problem for colleagues. A little louder, please.

[Anna Turley]

Q Apologies—I have my back to colleagues when I am facing this way. My final question is a very practical one. How many members of staff do you have in your teams, and how many cases have you taken through in the past year?

Grant Miller: Border Force has a team of 10, and last year was our best seizing year. It was not good for civil society. In excess of 1,000 seizures were delivered during the year, across all commodities.

Chief Inspector Hubble: I have a team of 12. I have four investigative support officers working on the ground, supporting police forces, two analysts, three intelligence officers, one indexer and an office manager. I do not have the figures to hand for how many investigations we have been involved in, but every seizure that comes from Border Force will come to us. We also work across six of the UK wildlife crime priority areas. CITES is one of those priority areas, but we have a significant remit outside CITES, looking at domestic wildlife. Bats, badgers, bird of prey persecution, freshwater pearl mussels and poaching all sit within UK strategic priorities at the moment, and our work is split between all those areas.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

Q I think people watching this at home will be utterly amazed that there are only 10 and 12 people in your organisations fighting this, given the huge impact you are having, and that the funding for such small organisations after 2020 is still in doubt. I want to ask a question about how you are going to work with the regulator on this, but an awful lot of people will be amazed at the work you do, so I want to thank you for that.

The Government have said that the Office for Product Safety and Standards will be the responsible regulator. How do you see your respective organisations interacting with that new regulator in this respect?

Grant Miller: We would look to engage with it very early on. In the UK, we have a body called the CITES priority delivery group, which brings together all the actors involved in this, and we would certainly look to invite it to sit on that. The contribution it can make is through intelligence. If it identifies goods that may be imported or exported, it must get that intelligence to us to enable us to target better at the border. Having another organisation involved in the fight adds more strength. We are looking at developing our productive relationship with it.

Chief Inspector Hubble: We would be keen to establish protocols very early on. The Bill gives it the authority to inspect premises and apply for search warrants. We are keen to ensure its activities do not jeopardise ongoing enforcement operations, so it is key that we all link together to ensure that, if we are looking at the same people, we have a targeted, focused approach to dealing with them.

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[Henry Smith]

Q This question is directed to the antiques sector and the music sector represented here. How many of the items that are sold go directly to the far east?

Mark Dodgson: We have looked at some of the figures from CITES; they have a database of exports of ivory. For example, in 2015 there were 1,200 CITES licences issued for items containing antique ivory going to China and Hong Kong.

Now, you need to bear in mind that the United Kingdom has—well, it was the second, and it is now possibly the third largest art and antiques market in the world. So, in the context of such a large entrepôt market and also in the context of so many cultural objects being repatriated to the Chinese—their ceramics obviously being the key one there—that number is actually not particularly surprising. I do not know specific figures for other countries.

Anthony Browne: What has happened generally in the art market in recent years is the rise of China as a major buyer for all sorts of works of art, so it is not particularly surprising that Chinese buying has had more of an impact in recent years than it had in the past. To some extent, it reflects that. It also reflects the fact that our history has meant that an awful lot of these objects that originated from China and Japan, and that came here, are finding their way back again.

Paul McManus: For our sector, it is practically negligible. I mean, we have nothing organised in collecting this to then sell it on anywhere. This is just individual musicians, as we said earlier, or the odd music shop here or there, but it is all sold within the UK—nearly all of it—because it is just a consumer-driven thing over here.

Emma Rutherford: For portrait miniatures, there is no market at all in the far east; there are no collectors there.

Mark Dodgson: Actually, that is quite an interesting point, because we find that there are a lot of western cultural items that contain ivory, or that are made entirely of ivory, that are of no interest to the Asian market. They are predominantly interested in their own cultural items.

[Anna Turley]

Q The Bill refers exclusively and specifically to elephant ivory. What would be the impact, if any, on any of your organisations or your processes if that definition were broadened to be elephant, killer whale, narwhal, sperm whale or walrus ivory? I will start with the antiques industry first, if I may.

Mark Dodgson: I think it is slightly difficult to give a quick answer to that one; we would probably want to speak internally about it. However, I have worked at the British Antique Dealers’ Association for more than 20 years, and my own experience is that I have not seen those materials—those items from those animals—incorporated in many objects. There is the concept of scrimshaw, but generally speaking—when I was watching the online broadcast of the earlier sessions, I heard someone suggest that ivory inlay from, I think, hippos was used in antiques. I have to say that in my experience, I have not come across that. I have asked a few people about that, and they are not aware of it.

Anthony Browne: I have nothing to add to that. No, I think I would concur with that. Ivory is the ubiquitous substance in the arts of the past, definitely, rather than these other substances.

Emma Rutherford: In portrait miniatures, it is elephant ivory and no other type.

Paul McManus: From our point of view, since synthetic materials came in, pianos have been coated with synthetic materials. The most another type of bone might be used for is repairing an old ivory key that had broken, but if that became banned—well, we would use something else.

[Alex Chalk (Cheltenham) (Con)]

Q May I address this, please, to Mark Dodgson and Anthony Browne? I think that some people have raised concerns about the fact that the accredited civilian officers in clause 17 are, at present, entitled to some quite swingeing powers to enter premises, search, check and all that sort of thing. Do you have any concerns about the scope and nature of those powers?

Anthony Browne: Yes, there are concerns, and I am glad you have mentioned this. The legal advice that was given to one of our members—I am very happy to make it available to the Committee—is that giving these powers to civilians is most unusual indeed, if not unprecedented, except where public safety considerations are in prospect.

The representative from the police who gave evidence earlier referred to their usefulness in making people aware of the legislation. We do not have an issue with that. The police and customs officers’ powers of entry, search and seizure are entirely in line with the Police and Criminal Evidence Act 1984, so again, we have no issue at all with that. We do have very serious reservations about the powers of seizure and so on, both in clause 17 and in schedule 1. I am not a lawyer, so I am somewhat out of my depth if I get into a detailed conversation about this. However, we have a memorandum that I am very happy to submit for consideration, if the Chair would find it helpful.

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[Trudy Harrison]

Q Do you feel that the classifications are clear enough for there to be a unity of assessment?

Dr Boström: Absolutely. I think the basis from which we all begin is as one on criteria. There might be a difference of date—1540 or 1545, for example. Some scholars like to get into the details, but I think difference would be more on that basis than on the general principles that we would abide by.

Anthony Misquitta: The Waverley Committee decides on whether an item qualifies for an export licence. I am not aware of the extent to which they differ in their views when they consider whether to allow a licence, but I think their procedures are robust. I envisage that, whatever committee is chosen for the purposes of ivory, it would adopt a similar framework and governance to the Waverley Committee, which I understand is effective.

Dr Boström: It is very effective in its checks and balances and decision making by committee on the advice of an expert.

[Anna Turley]

Q I want to draw your attention to the exemption under items of high artistic, cultural or historical value in clause 2. Do you think that definition is robust enough? As experts, are you confident that you have the criteria for that definition, given that you may be asked to give advice to the Secretary of State on passing an exemption?

Dr Boström: Yes, I am. I believe that, as Anthony has outlined, it would be rather like the way we act as expert advisers to the export licence committee through the Department for Digital, Culture, Media and Sport, based on the expertise we have among all the national museums. These export licences are shared across museums according to the expertise in place, so it would be absolutely directed to those experts in ivory—ivory carving or musical instruments—and the expert would pronounce on that. I have no doubt that the expertise would be in place.

Hartwig Fischer: Museums are responsible for collecting only what is really significant to deliver their mission, and we all have limited space. I think the criteria are robust and we can work with them because we have worked with them all along. It would be the ambition of any curator or museum person to get just what is really significant for the collection—that is to say for the public in the end, and for future generations to learn about the past.

[Liz Twist]

Q I want to ask about prescribed institutions. Is clause 2(5), on the use of prescribed institutions, tight enough as a definition? If not, would you suggest anything to tighten it?

Dr Boström: I would say that that ties in exactly with the way that the export licence procedures have prescribed institutions, experts and advisers. I imagine it would be largely along the same lines, so that seems perfectly reasonable.

Anthony Misquitta: As Antonia has mentioned, there needs to be a degree of flexibility in the definition, because depending on the nature of the object—musical instruments would be different from furniture—a different set of experts will be required. I would therefore welcome a degree of flexibility, and some guidance—I hesitate to say further secondary legislation—from DEFRA as to how the prescribed institutions shall be constituted on a case-by-case basis would definitely be helpful.