All 4 Baroness Bakewell of Hardington Mandeville contributions to the Ivory Act 2018

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Tue 17th Jul 2018
Ivory Bill
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2nd reading (Hansard): House of Lords
Wed 12th Sep 2018
Ivory Bill
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Committee: 2nd sitting (Hansard): House of Lords
Wed 24th Oct 2018
Ivory Bill
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Report stage (Hansard): House of Lords
Tue 13th Nov 2018
Ivory Bill
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3rd reading (Hansard): House of Lords

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts
2nd reading (Hansard): House of Lords
Tuesday 17th July 2018

(5 years, 9 months ago)

Lords Chamber
Read Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 4 July 2018 - (4 Jul 2018)
Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, this has been a most interesting and informative debate, and I thank the Minister for his comprehensive introduction. We have heard a number of arguments for and against a total ban on the sale of ivory in the UK. We on these Benches fully support the Bill. Unlike others, I am not an expert on this subject; like the noble Baroness, Lady Fookes, I fall into the category of a tourist who has enjoyed seeing elephants in Kenya.

I took part in the debate before Christmas on 21 December, and many of the arguments deployed then have been repeated here today. A great deal of thought has gone into the Bill and it has, as has been said, cross-party support both here and in the other place. Your Lordships will be pleased to know that I shall not go through it clause by clause, as that is for Committee.

Elephants, both African and Asian, are iconic species, gentle giants of two continents, the male of which has the great misfortune to have magnificent tusks, which are prized for their ability to be carved into objects of beauty. This has led to the elephant being butchered in large numbers. Currently 55 elephants are killed every day for their ivory, as the Minister said.

The poaching of elephant ivory will continue until its value is diminished to such an extent that it is worthless as a currency. The USA and China have closed their domestic ivory markets; however, this leaves Vietnam and other Asian countries continuing to trade in ivory and the Vietnamese trade appears to be expanding. The UK must show the way by banning this trade and demonstrating to countries like Vietnam that ivory is not an economic currency; it should follow our example and ban its trade. I was very interested in the contribution of the noble Baroness, Lady Flather, regarding the Asian elephant and its place in the community.

Poaching is on the increase and the illegal wildlife trade has grown to such an extent that it is now, as we have heard, the fourth-largest transnational illegal trade, worth over £15 billion per year, as the noble Lord, Lord Grantchester, said. This trade drives corruption, threatens sustainable development and has been linked to organised crime, such as arms, drugs and human trafficking, as the noble Baroness, Lady Chalker of Wallasey, has indicated. It is big business. We can help by taking the value out of the market. We can help countries such as Uganda, Gabon and Botswana to successfully challenge and prevent poaching. I am grateful to the noble Lord, Lord Jones of Cheltenham, for his moving story about the death of the matriarchal elephant.

In Gabon alone, 80% of forest elephants have been taken by poachers, as the noble Lord, Lord Hague, so eloquently said. Assisting countries and communities where elephants live to share the space with these animals could also reap benefits. While the UK is not one of the countries actively involved in the illegal ivory trade, there is evidence that our legal market is being used to launder illegal ivory. As many noble Lords have mentioned, we must stand up and prevent this from happening. Tighter controls on our legal ivory trade must be implemented without delay. This Bill seeks to do just that and lays out the certification processes and the penalties for non-compliance very well. It is also made clear how warrants will be issued and executed. In Clause 19(6)(b), the Bill indicates that 48 hours’ notice should be given before the execution of a search warrant. This is something I am likely to return to in Committee.

I am grateful to my colleague the noble Baroness, Lady Miller of Chilthorne Domer, for the example she gave of the success of the ban on trading in exotic birds. The Bill we are debating today has exemptions, which are realistic and preserve many items that will be valued for their beauty. The exemptions will not fuel poaching, and that is the whole purpose of this Bill. No doubt we shall return in Committee to the noble Lord, Lord Carrington, and his exceptions.

The Musicians’ Union, as we have heard from other speakers, is concerned about whether the ban on ivory from elephants would extend to ivory from mammoths, as mentioned by the noble Lords, Lord Grantchester and Lord Berkeley of Knighton. Musical instruments have been repaired using mammoth ivory as an alternative to elephant ivory, as a way of protecting elephants at the same time as ensuring that instruments are maintained and kept in circulation. This is something we shall also return to in Committee. I was also interested in the comments of the noble Baroness, Lady Quin, about the Northumbrian pipes; my husband is a great fan of their sound.

Many thousands of items have been created from raw ivory; they are delicate and show the skill of the craftsmen who created them. Antique items made before 1918 of outstanding artistic value and importance would be exempt, and owners would have the opportunity to apply for an exemption certificate. The Bill is detailed in setting out exactly what is required to obtain and maintain an exemption certificate so, as the Minister has indicated, there is no level of doubt on the subject.

It is claimed that there will be many items which do not fall into this category and will therefore be destroyed, as the noble Lord, Lord De Mauley, has said. I believe this is a hollow argument. Many of us own articles which could be classed as “artistic”. They may be of cultural and historic interest to us and our families but this may not stretch to the category of “outstanding”. Are we led to believe that we would destroy these objects because they would not command a good price if taken to the “Antiques Roadshow”? Of course not. They will be retained and passed down through families. There will be a need for more diligence, of course, and for a raising of awareness around small items containing ivory. This could be tiresome but it is essential that the Government stick to their intentions.

I regret to say that for those who have collected ivory carvings solely for their monetary value I have little sympathy. This market has fuelled poaching and brought about the death and butchery of hundreds of thousands of elephants. This trade has to stop. I support those calling for a ban to be extended to other species—hippos, narwhals, et cetera—and I welcome the Government’s commitment to consult once the Bill is passed.

I turn briefly to the cybercrime aspect of the ivory trade. My noble friend Lord Clement-Jones spoke about this, as did the noble Earl, Lord Attlee. The correct certification of ivory is crucial to stopping illegal laundering through the UK. If it begins to look as though it might be impossible to prevent this via the internet, maybe a ban on all internet trading in ivory, even for those items which are exempted, will need to be considered—a point made by the noble Lord, Lord St John of Bletso. I am sure that this is something we will return to in Committee in September.

The CITES has prohibited trade in Asian elephants since 1975 and in African elephants since 1990, but poaching continues. Now, before the Illegal Wildlife Trade Conference to be held in London in October this year, is the time to institute a countrywide ban and show that we take this terrible slaughter seriously, as mentioned by the noble Lords, Lord Grantchester and Lord Hague, my noble friend Lady Miller of Chilthorne Domer, and others. The consultation, which ended on 29 December 2017 and led to this Bill coming forward, had responses indicating that 88% of the population support a ban on ivory sales. We must now assist the Bill to become law, and I am heartened by the number of noble Lords who have supported a ban.

I leave your Lordships with this thought, which will not be popular. This second Chamber, unlike the elephant, is not popular with the British public. If your Lordships were to be culled at the same rate as the elephant—that is, 55 per day—would this House quickly become of a size when the public would cry “Enough”? I look forward to the Minister’s response to the many points made this afternoon and to debating the Bill further in Committee.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts
Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018

(5 years, 8 months ago)

Lords Chamber
Read Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-II Second marshalled list for Committee (PDF) - (10 Sep 2018)
Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch
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My Lords, this is very brief probing amendment. It concerns the discrepancy between the maximum term of imprisonment for breaching the prohibition in Northern Ireland compared to England, Wales and Scotland.

The Bill states that the criminal sanction for breaching the legislation in Scotland, England and Wales is 12 months’ imprisonment, whereas it is just six months in Northern Ireland. Can the Minister confirm that this discrepancy reflects the fact that the United Kingdom does not have a single legal system? Is the law somehow different in Northern Ireland or is this simply a drafting error? On the face of it, the current wording does not seem fair or logical. I look forward to the Minister’s response and beg to move.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I support the noble Baroness, Lady Jones of Whitchurch, on this probing amendment. Although I accept and respect that it is for the devolved Administrations to set their own penalties, we must keep in mind the difficulties that this will cause. As we all know, the devolved arrangements in Northern Ireland have broken down and there appears to be little prospect of them resuming in the near future. This would leave a situation where the penalties in one part of the UK were lighter than in the rest.

Those seeking to circumnavigate the law and benefit from the proceeds of trading ivory might be prepared to risk a six-month imprisonment term instead of 12 months. These are, after all, hardened criminals. It would be extremely unfortunate if the trafficking in illegal ivory and ivory products were shifted to Northern Ireland because the penalties there were more lenient. I respect completely what the noble Baroness, Lady Jones, said, and I am sure that the Minister will give clarification—but I wonder whether the Government and the Secretary of State might consider having uniformity of sentencing across the UK.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, the amendment from the noble Baroness, Lady Jones, seeks to increase the maximum prison term for breaching the prohibition in Northern Ireland. As a result of the devolution settlement, Northern Ireland has the power to adopt practices concerning criminal justice that are different from those in England and Wales. The sentence that would apply in Northern Ireland is up to six months and is set out in the laws applying to that nation.

In England and Wales, Section 154(1) of the Criminal Justice Act 2003, which would increase the maximum sentence available on summary conviction from six months to 12 months, has not been commenced. This means that currently the maximum sentence available in England and Wales on summary conviction is six months. Therefore, the two are in alignment and thus the penalties are the same across the UK. Should the relevant section be commenced for England and Wales, the maximum available prison sentence would increase to 12 months—the Bill provides for that—and the two would no longer be in alignment. With that explanation, I hope that the noble Baroness will feel able to withdraw her amendment.

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Lord De Mauley Portrait Lord De Mauley
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My Lords, I am afraid I am going to strike a rather discordant note. I want to focus on Amendments 59 and 60. It is widely accepted that by far the most significant markets for ivory are in the Far East. The Secretary of State acknowledged in his impact assessment that the United Kingdom ivory market has not been linked to the trade in recently poached ivory. There are many other factors at play in the illicit international trade in wildlife that will have a far greater impact on demand for ivory than the trade in antiques here in the United Kingdom.

With respect to the noble Lords who have moved these amendments, I therefore struggle to understand how the requirements proposed in Amendments 59 and 60—to report on the impact of this Bill on the elephant populations in Africa and on the demand for ivory in other countries—would be carried out. How exactly would one attribute to the Bill a change in the demand in Hong Kong for raw ivory, for example?

With respect to the noble Lords who have proposed these reports, there appears to be a premise behind both amendments that the UK’s fairly minimal international trade in objects made from ivory is encouraging the demand for ivory in the countries of the Far East. As I explained on Monday in Committee, if we exclude piano keys, the total number of antiques incorporating ivory exported from the UK to the entire world amounted to 766 items in 2016 and just over 1,000 last year. The exported objects comprise a mixture of both solid ivory carvings and objects that incorporate ivory, such as musical instruments or furniture with inlay. The latter are of no interest to buyers in the Far East. As I have previously said, these numbers are small fry when compared to the volumes of ivory traded in the ivory consumer markets.

I was tempted to support these amendments so that afterwards I could say, “I told you so”, but I do not believe that we should spend taxpayers’ money in that way, especially when I know the answer already. We have to recognise the most significant factor in stopping the trade in poached ivory is not whether the UK is selling antiques or not, but whether the restrictions promised by China and Hong Kong are effectively enforced and whether it is possible to prevent the market from transferring to neighbouring countries in the region.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
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My Lords, I support this small group of amendments. As the Minister has said in the past, the Bill has been prepared with great care and knowledge, with one aim and one aim only: to protect the African and Asian elephant. This will be achieved by taking the value out of trading in ivory, prosecuting those who break the law and making the poaching of elephants for their ivory uneconomical. While the fees charged for certification will help to cover some of the costs of setting up the registration and certification process, they will not cover them all at first. It is important that parliamentarians and the public—who, as was clearly demonstrated during Second Reading, care very much about the plight of the elephant—are reassured that sufficient resources have been allocated to enforcement. If the enforcement of the measures set out in the Bill is not properly funded, it is unlikely it will have the desired effect.

We welcome the suggestion of a public awareness campaign to inform potential buyers and sellers of the requirements of the registration system; we recommend that this be done to ensure that robust monitoring and evaluation measures are put in place by the appropriate agencies, and not left to individuals with financial motivations. Guidelines and an honesty-based system will not be enough. Applications will need to be checked.

The annual report to Parliament on the operation of the Act should include information on the number and categories of certified and registered exemptions, civil penalties imposed, criminal prosecutions undertaken and work happening overseas to conserve elephants in which the UK is playing an important role. This amendment could also allow the Government to commission a report from a suitably qualified NGO, utilising official data.

Transparency will be everything in ensuring that the UK becomes a world leader in protecting the elephant. Being able to demonstrate that adequate resources have been allocated to back up our enforcement measures will be key in demonstrating to the rest of the world that we are serious in our efforts. The Government will need to walk the walk and not just talk the talk. As the noble Lord, Lord St John of Bletso, has said, communities which are the subject of poaching will need to be supported to achieve sources of income and to continue economically. I fully support this group of amendments.

Lord Cormack Portrait Lord Cormack (Con)
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My Lords, I had not intended to take part in this brief debate. I do not support the amendments, which will not cause any great surprise. Not for the first time, I am rather provoked by the noble Baroness who has just spoken.

I do not believe that this Bill is the result of great care and massive consultation. This is hogwash, if one looks at the number of responses—and I will read these into the record yet again. First, the paper which went out did not state information for and against a total ban on ivory. That could have helped those who were genuinely concerned to come to an informed conclusion. Of the responses, 39,485—almost 40,000—were identical emails from members of the Stop Ivory campaign. Another 66,472—52%—responded to a 38 Degrees campaign. They would only have signed if they supported a total ban.

I come back to the point that those of us who believe that this is an example of gesture politics have made time and again. No single living elephant—all of which any sane, sensible person would wish to preserve—is going to be helped by this stringent, draconian ban on the sale of antique ivory. We are creating a massive and unnecessary bureaucracy which would merely be compounded by the passage of any of the three amendments that have been spoken to. I put this on record, though it will come as no surprise to any Member of your Lordships’ House to know that I feel very strongly on this issue. This legislation is entirely well motivated but ill conceived.

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Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
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My Lords, I support the noble Lord, Lord Grantchester, in this amendment. At Second Reading, the Minister gave an undertaking that there would be consultation on the animals listed in the amendment after the Bill had received Royal Assent. It is a great pity that we were not able to include hippopotami, narwhals and walruses within this Bill once it had started its passage, but I understand the reasons for it. I welcome the fact that an undertaking has already been given and hope that, as soon as Royal Assent has been given, consultation will be ready to begin.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, the amendment tabled by the noble Baroness, Lady Jones, seeks to insert into the Bill a commitment that the Secretary of State would consult on extending the scope of the ban to include ivory from hippopotamus, walrus and narwhal as soon as practicable after Royal Assent. I am grateful to the noble Lord, Lord Grantchester and to the noble Baroness, Lady Bakewell of Hardington Mandeville, for their remarks.

As noble Lords will be aware, this matter was discussed at some length in the other place. I want to reassure the noble Lord and the noble Baroness of the Government’s intention on this point and to explain how the existing provision in the Bill may be applied. The Bill will prohibit the commercial dealing in living species of elephant—namely African and Asian elephants. Clause 35 provides a delegated power to allow the Secretary of State to extend the Bill to cover other ivory-bearing species through a regulation. We recognise concerns that, by banning the trade in elephant ivory, there may be an unintended consequence of trade displacement on to other ivory-bearing species, such as hippopotamus, putting these species at greater risk, as the noble Lord, Lord Grantchester has outlined. It may be appropriate to use this power to protect these species if the evidence gathered supports such actions.

The Government have committed in the other place and in a public announcement that the Secretary of State will conduct an evidence-gathering exercise—for example, a public consultation—on or as soon as practicable after Royal Assent. It is in the Government’s interest to launch this exercise within this period. However, we will ensure this does not impact our timetable to get the elephant ivory ban in place. The representatives from the conservation NGOs which gave evidence during Committee in the House of Commons emphasised that, at this time, the Government’s priority should be the ban on elephant ivory.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts
Report stage (Hansard): House of Lords
Wednesday 24th October 2018

(5 years, 6 months ago)

Lords Chamber
Read Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I rise briefly to speak against this group of amendments, and I shall not repeat arguments made at length at Second Reading and in Committee. I have tremendous respect for the noble Lord, Lord De Mauley, and his obvious passion for antique ivory and for others who have spoken in this debate, but I fear that I am not persuaded by their arguments.

It is essential in ensuring the success of the Bill when it passes into law that the restrictions and exemptions are very limited. To increase the exemptions to 20% for furniture and other objects and to 30% for musical instruments and to have unlimited size on pre-1918 portrait miniatures risks driving a coach and horses through the Bill. Any widening of the criteria will increase the market for ivory objects, weakening the entire purpose of the Bill by allowing trade in many additional items containing significant amounts of ivory. Similarly, moving away from the de minimis cut-off should be rejected. Registration of ivory-bearing items is fundamental to ensuring that items sold commercially meet the criteria set out in the Bill.

Having listened to the arguments made in Committee and this afternoon, I acknowledge that there is no meeting of minds over the rationale for the measures in the Bill. The Government and those of us who support the Bill believe that these restrictive measures will help to protect the elephant. Those who oppose it do not believe that this will happen and are therefore not prepared to support these measures. This is regrettable in the extreme. Everything that we know about CITES supports the Government’s Bill. We do not support making the Bill more flexible in terms of exceptions. I urge your Lordships to reject this group of amendments.

Lord Vinson Portrait Lord Vinson (Con)
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My Lords, if one passes a Bill that defies common sense, one is inviting the law to be broken. Most people will never have heard of the Ivory Bill and will just carry on giving, swapping or doing what they do. However, if the Bill is drafted in such an overly restrictive manner, as previous speakers have illustrated so well, it will invite people to be dishonest. This amendment is important because it enables common sense to be brought back into the whole equation.

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Lord Hague of Richmond Portrait Lord Hague of Richmond
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My Lords, as on Amendment 1, I briefly draw attention to the importance of international co-operation in implementing the policy of which the Bill is a part and which these amendments would affect. We will not be able, by anything we do in our Parliament of our own volition, to save the African elephant, but we are able to be part of a concerted and perhaps, one day, successful international effort, represented by, among other things, strong bans on domestic markets.

I mentioned in my earlier intervention that China is now implementing a near-total ban, and the effect of China announcing that last year was to reduce the price of ivory in China by about two-thirds in one year. Pursuing that policy is the way to destroy the profits and attractions of the criminal networks engaged in this trade. That is why strong domestic bans in many parts of the world—in range countries, demand countries, transit countries—are so important.

If I have understood these amendments correctly, they could represent a more serious dilution of the exemptions in the Bill than the previous group. That would be serious, because in some respects it would leave us with much less of a total ban than exists in the United States or China. The Minister was right to say, on the last group, that the Government have consulted widely, and I believe that they have reached the right balance, so unlike my noble friends I would not encourage him to be more receptive to this group than to the last.

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
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My Lords, I am grateful to the noble Lord, Lord Hague, for so eloquently setting out the case. The removal of “outstandingly” or “outstandingly high” would substantially increase the number and types of items that qualify for exemption. The purpose of the outstanding artistic value exemption is to allow the older items of exceptional artistic value to be traded.

The exemption before us would undermine that purpose and risk weakening the Bill by enabling trade in many pre-1947 worked items. The proposal of the noble Lord, Lord Cormack, to replace “important” with “significant” will similarly severely weaken the exemption criteria. It will already be possible for Art Deco items to be purchased by museums from private owners under Clause 9, which intentionally does not specify the age of ivory artefacts that can be acquired by museums. It is unwise and unnecessary to widen the exemption further.

As I said, those who support extending the exemptions do not see that this increase in items containing ivory will impact on the elephant population. Unfortunately, they are not correct. It is also wrong to assume that anything that is not exempt, or does not get a certificate, will be destined for the rubbish dump. Families will keep their personal artefacts and furniture containing ivory and pass them on to their children or grandchildren. Unfortunately, a lot of hysteria is being generated.

The monitoring of the elephant population, particularly in Africa, is much more sophisticated nowadays—due to the use of drones—than previously. The sad truth is that the population is down to 400,000. For the first time since records were kept, the number killed each year is higher than the number of live calves born. It is time to make a stand, and it is obvious that this House—across the political divide—supports the Bill. While the Ivory Bill is not perfect, it is a significant step forward in protecting the elephant. We must show the world that we are serious, in the hope that others will follow suit. We cannot support this group of amendments.

Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch
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My Lords, I shall respond to these amendments, which would move the applicable date for exemptions from pre-1918 to pre-1947 and would lower the threshold for exemptions, allowing larger numbers of items containing ivory to be bought and sold.

As has been said, these amendments will considerably weaken the impact of the Bill. As the Minister explained in Committee, 1918 was chosen because it defines items which are 100 years old and therefore classified as antiques. A move to include more recent items for exemptions, as suggested in Amendment 3, would inevitably increase the number of items containing ivory in circulation. It would include a much wider group of objects than the Art Deco items which the noble Lord seeks to protect. In any prohibitive Bill of this kind, it is impossible to find a perfect date from which to apply the constraints. As we have mentioned several times, we would have preferred a complete ban on ivory sales but, if there has to be a cut-off date for exemptions, we agree that 1918 has the best logic. Of course, as has been said, that would not affect the ownership or gifting of items, nor the continuing trade in Art Deco items which do not contain ivory.

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Lord Grantchester Portrait Lord Grantchester
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I shall speak to Amendments 41 and 78 in this group. Amendment 41 would require the Secretary of State to prescribe appropriate categories for the purpose of publication and specifically precludes the release of any information that would be unlawful or might lead to the identification of the owner. At this stage, I ask the Minister to go somewhat further than she did in Committee and clarify more specifically what the Government can do, at what intervals and through what media, to give confidence that the Bill is working effectively.

Amendment 78 requires the Secretary of State to publish an annual report covering the implementation and impact of the ivory ban domestically and internationally. This includes the work of the various bodies involved, including the Office for Product Safety and Standards, the Animal and Plant Health Agency and the National Wildlife Crime Unit. We feel that this is very important given the concerns raised in Committee about the resources—or, perhaps more accurately, the lack of resources—available to these organisations, as well as their specific role in the implementation of the Bill.

We also feel that it is important to consider the hire and sale of musical instruments containing ivory, as my noble friend Lady Quin explained. The 20% exemption for musical instruments is designed to allow most instruments to be exempt from the Bill, including pianos and bagpipes. Although we do not support more widely drawn amendments, we must be aware of the impact that the ban will have on this artistic activity.

Importantly, we would also want the report to build on any international reports considering the impact on nations or communities that generate income from ivory. Poachers who kill elephants are usually poor and looking for a way to feed themselves and their family. However, education and development are needed so that communities can be turned to recognise the value of elephant tourism. An elephant is worth 76 times more alive in a savannah than in a market place. The report could augment the view that managed conservation with tourism will offer an alternative sustainable income to elephant communities and wider populations of Africa. Will the Minister go a little further than she was able to go in Committee?

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
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My Lords, I support Amendments 41 and 78, which were debated in Committee and the Labour Front Bench said they would be bringing them back. While I support them, I am interested in what the Minister has to say.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton
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My Lords, the Government fully appreciate the sentiment behind the amendments in this group. Monitoring the implementation and impacts of the ban on the ivory market and other affected sectors is very important.

I turn first to Amendment 41, in the name of the noble Baroness, Lady Jones, on the publication of a report on matters relating to the exemptions to the ban. In Committee, there was widespread agreement in your Lordships’ House about the importance of transparency and providing information to the public. I believe that the Government’s commitment to share publicly information on exemptions, in line with the Data Protection Act, was welcomed. We are committed to publish data on appeals, the number of items registered and the number of exemption certificates issued and revoked each year and to include a breakdown of these numbers into categories such as statues, reliefs, furniture and musical instruments. The noble Baroness’s amendment reflects these commitments, for which I am grateful, and I am happy to repeat them today. I cannot, however, agree that an amendment is needed and hope that the commitments that the Government have made will suffice.

I turn to Amendment 78, again in the name of the noble Baroness, Lady Jones, regarding a report on the impact and implementation of the Bill. I appreciate that the noble Baroness has reflected points raised in Committee in this amendment. I reassure your Lordships’ House that, as a matter of course, the Government will assess the impact and implementation of the ban over time, in particular its enforcement. Much of this information will be available in the public domain and subject to public scrutiny.

It might assist noble Lords if I give a number of related examples of where this kind of information is already provided publicly. Perhaps this will assist the noble Lord, Lord Grantchester, in understanding the types of information that we will be publishing. The regulatory body that we have chosen to help enforce the ivory ban, the Office for Product Safety and Standards, already publishes an annual report which includes its activity over the year for each of the different regulatory areas the body covers. The Animal and Plant Health Authority, which will administer the registration system among other things, submits annual trade data on used permits to the secretariat of the Convention on International Trade in Endangered Species—CITES. This data is available publicly on the CITES database. The National Wildlife Crime Unit, where appropriate, issues press releases on closed cases it has been involved in, often including the penalties issued. These publications will continue, and we will consider how we can provide further information that will complement but not duplicate them. An obligation in the Bill to produce reports would risk duplication and be a considerable and unnecessarily expensive undertaking.

With regard to the Department for International Development, a number of announcements were made at the Illegal Wildlife Trade Conference earlier this month about additional funds being made available from DfID and Defra, including £46.6 million to protect endangered species and a £20 million round of UK Aid Match for wildlife and conservation issues. Any programme that is run by DfID must publish an annual review online demonstrating its results.

With regard to nations generating income from ivory, as referred to in Amendment 78, we believe that the decline in elephant populations deprives some of the poorest countries in the world of their natural resources, which impacts economic growth and sustainable development. The illegal ivory trade is conducted almost uniquely by organised criminal groups and the money from this despicable trade rarely reaches local communities and the people who need it.

At the request of the noble Baroness, Lady Quin, I will not respond directly to her amendment, but I hope that she takes comfort from my words about the types of data that we will be drawing out and the categories of items that we will be able to summarise.

I hope that I have been able to reassure the noble Lord, Lord Grantchester, and the noble Baroness, Lady Jones, and that the noble Baroness, Lady Quin, feels able to withdraw her amendment.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts
3rd reading (Hansard): House of Lords
Tuesday 13th November 2018

(5 years, 6 months ago)

Lords Chamber
Read Full debate Ivory Act 2018 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 119-R-I Marshalled list for Report (PDF) - (22 Oct 2018)
Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville (LD)
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My Lords, I apologise to the House for not being here to hear the Minister’s remarks; I was running across the road.

None Portrait Noble Lords
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Oh!

Baroness Bakewell of Hardington Mandeville Portrait Baroness Bakewell of Hardington Mandeville
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May I speak? Thank you, my Lords. I will be brief. The UK has shown that it can lead the way in protecting the elephant. We have adhered to CITES and have moved forward tremendously in banning the trade in ivory objects in our country. Prior to the Bill, a large percentage of new ivory was being laundered through our country, masquerading as being of pre-1945 and pre-1918 vintage. There is still some way to go before the Bill can be implemented but there is now a clear timetable for how that will progress. I look forward, once the Bill is enacted, to a consultation on the other animals with the misfortune to have expensive trophies as part of their anatomy: the narwhal, the hippo and the rhinoceros, as the noble Baroness, Lady Jones, said. It is important that in banning elephant ivory we have not substituted another animal for the poachers to target.

I thank the Minister for his briefings and his patience and the Bill team for their very helpful information that was provided at all stages of the Bill. I also thank the noble Baroness, Lady Jones of Whitchurch, for the leading part that she has played during the passage of the Ivory Bill. The plight of the elephant is of great importance to all those who sit in your Lordships’ House. Often our debates fall into party-political camps but that has not been the case with the Ivory Bill; the House has been united across all Benches to ensure the passage of this legislation. I am extremely proud of having played a small part in that process. I look forward to a similar meeting of minds on some of our future legislation, but I am slightly more pessimistic about that in the near future.

Lord Gardiner of Kimble Portrait Lord Gardiner of Kimble
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My Lords, I have listened to all the remarks that have been made. It has been an honour for us all to have been a part of this legislation. I will reflect on all that has been said. This is an international effort. I beg to move that the Bill do now pass.