Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts

3rd reading (Hansard): House of Lords
Tuesday 13th November 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I apologise to the House for not being here to hear the Minister’s remarks; I was running across the road.

[Noble Lords]

Oh!

[Baroness Bakewell of Hardington Mandeville]

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]

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.

Roundup

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 31st October 2018 Lords Chamber

[Lord Gardiner of Kimble]

Clearly, it is important that sprays and products are used in conditions that do not cause them to go on to other people’s property, and that they are used with precision. However, glyphosate is authorised because all the scientific evidence of all the experts on which we rely is that it is not in this case carcinogenic. Indeed, another agency, the WHO, does not agree with the agency that says that it is.

[Baroness Bakewell of Hardington Mandeville (LD)]

As has been said, glyphosate is an active ingredient found in the weedkiller Roundup and has been a source of controversy amid claims that it is connected to certain kinds of cancer. Oatmeal and other breakfast cereal crops are often sprayed with this chemical. What in-depth research are the Government doing to ensure public safety, both now and after 29 March?

[Lord Gardiner of Kimble]

All this area is hugely important as a priority, both now and after we leave the European Union. Public safety will always be the prime consideration, and this would not be authorised if it was deemed to be unsafe.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Report stage (Hansard): House of Lords
Wednesday 24th October 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

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 (Con)]

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]

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]

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]

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]

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]

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]

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.

Food Labelling

Baroness Bakewell of Hardington Mandeville Excerpts

Tuesday 9th October 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I echo a great deal of what the noble Baroness said. The urgency of this is imperative. The Secretary of State has been in touch with Natasha’s parents. Obviously, we want to ensure that what happened to Natasha, and her parents, wider family and loved ones, does not happen again. That is why the review will be urgent. We will be working closely with the Food Standards Agency and the Department for Health and Social Care and, as I said in the Statement, we will be communicating with the devolved Administrations tomorrow. We will look at the coroner’s report in Natasha’s case, which was received this morning. I should say that in the case of Celia Marsh, as the noble Baroness alluded to, not only is the coroner’s investigation in process but there is a legal dispute between Pret A Manger and CoYo. In those circumstances, I should not want to go any further on that case.

I assure your Lordships that, whether it is suppliers or retailers, the importance of this, as the noble Baroness outlined, is that it is a public health matter. People in this country, particularly those with allergies, should have the right information to know whether something is safe for them to eat. The FSA has campaigned on this over a considerable period. It is not only about raising awareness and issuing guidance for businesses but raising awareness among people with allergies that they must ask—because, as I said, the requirement is that all shops should be in a position to advise the consumer by signs and verbally. I assure your Lordships that we shall look at this with rigour and urgency.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I too thank the Minister for repeating the response to the Urgent Question this afternoon, and extend my sympathies to the families of Celia and Natasha. I declare my interest as a lifelong coeliac, so I understand completely the implications of inaccurate food labelling. All consumers must be able to trust that food labelling is comprehensive and correct. It is simply unacceptable, after taking the time to read through the list of ingredients, subsequently to find that an ingredient has been inaccurately recorded or omitted.

I highlight a slightly different aspect of this matter. As the Minister reiterated, the Statement refers to freshly prepared food and the need to check with members of staff before buying. I know from experience that staff are not always aware of exactly which foods contain allergens. Although training is much better than it was, cross-contamination can still occur in some cases.

I am really pleased that the Minister said that the Food Standards Agency is to be involved, but I should like him to reassure us that, following these tragic events, as well as food labelling being a top priority, the handling of food to prevent cross-contamination will be included in the review of advice currently taking place. This is now an urgent priority, before there is any more unnecessary suffering.

[Lord Gardiner of Kimble]

My Lords, that is imperative and, as I said, we are working with all those involved. I should say that the FSA has responsibility for allergen labelling; that is precisely why it is an essential part of the review. The noble Baroness rightly refers to training of staff. Again, businesses are in all circumstances under a duty. We must ensure—this is one of the key areas of enforcement—that all businesses are mindful of their responsibilities. All producers of food and food products should be mindful of cross-contamination. That concerns food safety more generally, but these are all areas which we take very seriously.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Baroness Jones of Whitchurch]

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 (LD)]

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 (Con)]

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]

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]

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 (Con)]

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]

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]

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

Monday 10th September 2018 Lords Chamber

[Earl Attlee (Con)]

My Lords, I have listened with interest to the debate. On the subject of inlays and escutcheons, what consideration has the Minister given to having a de minimis test of thickness? If the inlay or the escutcheon is less than a certain thickness, surely it has no use for recarving at a later stage. Perhaps the Minister could write to me on that point in due course.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have listened to the debate this afternoon with great interest. I have received briefings from the World Wildlife Fund and from the Environmental Investigating Agency, the Born Free Foundation, the David Shepherd Wildlife Foundation, the International Fund for Animal Welfare, the Natural Resources Defense Council, Stop Ivory, Tusk Trust, the Wildlife Conservation Society and the Zoological Society of London. None of them appears to agree with the previous speakers in this debate.

On Amendment 17, the size of the miniature should be defined in the Bill. Otherwise, arguments will arise as to exactly how big a miniature can be. It is important to have this defined in the Bill and not left to some arbitrary decision.

With reference to Amendments 18 and 19, many of the artefacts listed by the noble Lord, Lord De Mauley, are simply not in the same class as musical instruments, to which we will return in a later group. Musical instruments are used on a regular basis and are the tools of a musician’s trade and are not an item of antique beauty. They may be that as well, but their main purpose is as a tool of a musician’s trade.

I am disappointed that a university student should accept their fees being paid for by their grandparents selling an antique item which could have been decorated by the body of a dead elephant. I doubt whether many of their fellow students would find this acceptable. The noble Lord, Lord Cormack, believes that we live in a civilised society. It is still a civilised society that allows 50 elephants a day to be killed for their ivory. Whatever the percentage of ivory is set at, it will need to be examined and verified. I could not support, and nobody on these Benches could support, a 20% limit and certainly not a 50% limit.

[Lord Grantchester (Lab)]

I will speak on the amendments in this group. They are amendments to Clauses 6 and 10 regarding other exemptions to the ban on ivory sales and can be categorised as reducing the criteria and extending the number of ivory items that would escape the ban. We do not agree with these amendments.

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[Baroness Bakewell of Hardington Mandeville]

My Lords, I shall speak to Amendment 26. Given the information that the noble Baroness, Lady Quin, has provided about the dwindling number of Northumberland pipe makers, it would be a great shame if this delightful pipe were to fall into disuse. I thank my noble friend Lord Beith for his description of the sweet sound that the pipes make and I agree completely with his description, having been dragged along—no, having gone along with my husband—to many concerts where the Northumberland pipes were playing. I urge the Minister to talk to his colleagues to see whether some compromise could be reached to secure the future of the Northumberland pipes.

[Lord De Mauley]

My Lords, noble Lords would expect me to deal with Amendments 25 and 27 in this group. However, they are almost identical to Amendments 21 and 23 respectively, which were in the last group that we debated. Normally in my experience it is Back-Benchers who try to degroup and the Government who try to group up, so this situation must be somewhat unusual. Noble Lords will be pleased that despite the Minister’s response, which did not really address the issues, I do not propose to make the same points again. Instead I will simply say that they apply here as well.

Ivory Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th July 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

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.

Rural Areas: Public Services

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 9th July 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am also grateful to the noble Baroness, Lady McIntosh of Pickering, for securing this important debate. I declare my interests as a district councillor and a vice-president of the LGA. I also congratulate the noble Lord, Lord Haselhurst, on his maiden speech. I am sure that this will be the first of many contributions that he will make to debates in this Chamber.

As noble Lords will know, I live in a delightful rural area in Somerset, close to the Dorset boundary and, therefore, close to the south Jurassic coast, with its fishing ports, its pebble beaches and swannery. All this is, indeed, an idyllic situation which many city dwellers envy. However, this masks the lack of public services which many of those living in populated urban areas take for granted: they would feel deprived if they had to exist without their benefit. Local authorities of all sizes and types across the country have suffered severe cuts since 2015 and have made alterations to the way in which they deliver services, to try to bridge the gap between spending and dwindling income from central government. In some cases, this has led to very innovative and successful ways of service delivery. In others, it has led to outsourcing to private companies, which has also been successful. Regrettably, this is not always the case. Sometimes the level of service delivery has been far less than when provided by the local authority itself. Staff, despite TUPE, have been laid off and service users have been left distressed and unhappy. Then the private provider, finding that it is unable to make the level of profit it thought possible, has handed back the contract causing further upset and change for service users. When the contract involved is one providing day-centre services to adults with learning disabilities, this is doubly upsetting for those involved.

Cash-strapped local authorities are finding it increasingly hard to deliver the level of service that residents require. Libraries are closing or open for only very limited hours, often making it impossible for those at work during the day to use them. For more and more people on zero-hours contracts, earning the minimum wage and with no certainty about the hours they will be offered to work, buying a paperback is a luxury. Libraries were provided for just such people to be able to enjoy the pleasure that reading books can bring. With broadband extremely patchy and unreliable in rural areas, as we have heard, it is often to the library that people turn to fill in their job applications online as they seek employment.

The rural economy is struggling. Connectivity is poor, broadband is non-existent in some areas and, as the noble Baroness, Lady McIntosh, said, businesses and farmers are finding it extremely difficult to function without a reliable internet connection. Businesses rely on being able to make regular contact with their supply chains and their customers. There are more SMEs per head of the population in rural areas than in urban areas. These businesses deserve a decent broadband speed in order to survive.

Not only are libraries becoming a scarcity; the local bus is also becoming an endangered species. Bus companies find it more profitable, understandably, to provide services in and around urban areas where there will be plenty of ticket-paying passengers to cover their costs, but this leaves those in villages and hamlets stranded. I know that I have spoken about this before in the Chamber but, unfortunately, the situation has not improved. Weekend bus services have been axed and weekday services drastically reduced. Even where there are buses they pick up in the morning, take their passengers on a circuitous route to the town and drop them off, returning far too quickly to allow them to complete their personal shopping, visit the opticians or dentist and carry out their business at the bank before returning. Some may wish to visit the council offices to discuss housing benefit; perhaps they have a hospital appointment. The alternative is an expensive taxi home or a long wait for the only other bus that day, in what may be a draughty bus shelter or station, encumbered with their shopping.

I will refer now to children and young people and I welcome the comments of the noble Lord, Lord Haselhurst, on young people. Living in a rural setting can mean that they have more freedom to wander than their urban-dwelling equivalents. If old enough, they may be allowed to negotiate the roads safely, to visit the play park with their friends or to gather around the abandoned bus shelter. The rural bus shelters provided many years ago were often built of brick and stone, with proper tiled rooves. These make excellent meeting places for young people after school. After all, no one else will be using them since the buses do not run after 6 pm, if they run at all. Young people like to hang out with their contemporaries. They chat, laugh and support each other. Often, the bus shelter is the only place they have to congregate. The cinema or bowling alley is in the town and requires both a lift and money for the entrance. If they are lucky, there may be a youth club or some provision in a neighbouring village but that again requires one of their parents to provide transport. For those younger children coming home on the school bus, having their friend over for tea is not possible unless they travel on the same bus and live in the same village. Choice is limited and, despite the internet, some children can feel very isolated and lonely. So too can the elderly who, having lived all their lives in their village home, find that they can no longer drive. Some of their friends have passed away or moved to be nearer their families but they are left dependent on the weekly bus to meet a friend for coffee in the nearby town. All this is, unfortunately, very negative. Mercifully, people choose to live in rural areas and enjoy their lives to the full while they are able-bodied, fit and in well-paid employment.

I turn briefly to rural housing. Those who have a home are often reluctant to see large housing estates built but they welcome smaller developments to meet local people’s needs. Currently, housing developments of 10 or fewer dwellings do not have to provide affordable housing. This is a great mistake. I do not subscribe to the theory that only the well-off should live in rural areas. It is essential for society that a full range and mix of incomes, religions and people can live in rural areas and bring the richness to their communities that we all want from life. I fear, however, that the deadly squeeze on public services is making it increasingly difficult for this to happen. Can the Minister say whether the Government are thinking of abandoning the 10 dwellings policy for affordable homes in rural areas? I look forward to his response.

Sustainable Fisheries for Future Generations

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 4th July 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for repeating the Statement today. Of course, the White Paper is a long way from the Secretary of State’s promise to the fishing communities that we will gain control of our waters on day one of Brexit. Instead, we have to face the reality that the UK will remain part of the common fisheries policy, but without a direct say in its rules, until the end of 2020. Indeed, the Secretary of State himself had to admit that this represents “a sub-optimal outcome” for the fishing industry.

This White Paper represents one more step in letting the sector down gradually because, despite all the talk of a brighter future beckoning, the future of the UK fishing industry will remain embroiled in complex EU and international negotiations for years to come. It is simply not possible to operate on a unilateral basis as an independent fishing state; everything has to be agreed with our neighbours and with our future markets, unless we are prepared to risk conflict and uncertainties on our marine borders.

The future of the customs arrangements will be key to this and we have to await the details of how the Government’s proposal to the UK will be specified and applied in the future. This matters because 70% of what we catch we export, and 80% of the fish we eat we import. We export nearly 350,000 tonnes of fish to the EU alone so, despite the Secretary of State’s theatrical ripping-up of the Prime Minister’s proposals, somewhere along the line there has to be agreement on a future trade relationship with the EU. It is vital that we preserve the UK’s access to low-tariff exports and imports of fish, so we await with interest the signs of white smoke from Chequers this weekend because the long-term future of our fish markets relies upon this.

The White Paper seems to fudge this issue by claiming:

“Fisheries will be a separate strand of our future relationship with the EU”.


Can the Minister confirm whether our exports of fish will be subject to the same customs rules as all other food products negotiated as part of the EU package? Does he accept that access to our fishing rights could be exchanged as part of a bigger bilateral or multilateral trade deal, which could make a mockery of our bid to take back control of our own waters? Can he clarify the future status of foreign fleets which purchased the fishing rights originally allocated to UK fishers? Can he also confirm that the fisheries Bill will cover the full range of outputs from the industry, including fish farming and fish processing?

We welcome the emphasis in the White Paper on sustainable fishing and the need to learn from the latest scientific evidence. We will need to continue to share research evidence with other EU fishing nations and beyond. It does not make sense to create a separate research capacity when so much more can be achieved by working collaboratively. So can the Minister say what steps are being taken to safeguard our access to EU institutions that provide expert advice on the maximum sustainable yield and total allowable catch data, so that we can fish sustainably in the future in the knowledge that we are relying on the best scientific advice? Can he also say what further steps the Government intend to take to safeguard habitats and species in the “blue belts” of the seas and oceans surrounding our island? Does he agree that we should be even more ambitious about protecting our seas by creating national maritime parks?

The Minister will also know that the devolved nations, particularly the Scottish fishers, are keen to have greater control over the local coastal waters. Can he confirm that the new UK framework for fisheries is making good progress? Can he also confirm that the Welsh and Scottish Governments have had an input into the White Paper?

Finally, the White Paper recognises the wider implications of any new deal on fishing to coastal communities. These represent some of our poorest communities, with high unemployment and low wages. Jobs in the fishing sector are in decline and the workforce is ageing. It is important that they have a genuine input into the White Paper to ensure that future government priorities will genuinely help to nurture and revitalise their lives and their communities. It is also important that the EU workers who work in the fishing sector will have their interests protected. Can the Minister explain how the debate around the White Paper will reach out to these communities, to ensure that their concerns are genuinely taken into account? How will the Government measure success in revitalising these communities that are desperate for further resource and investment? I look forward to his response.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for repeating the Statement and welcome the publication of this important White Paper. The shores of our islands have some of the most prolific fishing waters in the world and it is vital that not only are fish stocks protected but that the numerous industries and businesses that rely on a constant supply of fish are supported and protected. This includes not only large fishing fleets but smaller, family-owned vessels, not only the small, iconic smokeries but also the larger processing plants. It is our duty to provide a mixed economy around our coastlines that depend on a healthy marine environment, free from unnecessary bureaucracy and free from plastics.

I note the Secretary of State’s commitment to end the dominance of foreign vessels in our waters and to support our own fishing communities across the country; I welcome that statement. I have only two questions: what discussions have so far taken place with the devolved Administrations about sustainable goals to be shared across the UK? Secondly, is the Minister able to ensure ongoing access to the EU labour force that supports the sustainability of the vital seafood processing sector? I am encouraged by the general thrust of the White Paper and look forward to the Minister’s response.

[Lord Gardiner of Kimble]

My Lords, I thank the noble Baronesses for a number of questions. Let me say in opening that I welcome the stakeholder reaction, and the fact that the fishing communities are looking to Parliament to ensure a better future for the fisheries. The National Federation of Fishermen’s Organisations, the Scottish Fishermen’s Federation and the Shetland Fishermen’s Association are all saying that this is a clear, coherent and important policy. I was also particularly struck by what the noble Baroness, Lady Bakewell of Hardington Mandeville, said about the importance of clean seas and oceans. The director of Living Seas, the Wildlife Trusts, says:

“The Wildlife Trusts are really impressed that the Government is committed to reversing the loss of marine life”.


Predicated on all of this is the imperative of sustainability. It is one of the three key components: it is about sustainability, responsibility and fairness. Therefore, it is essential that we work as hard as we can to ensure that all this comes forward for really healthy stocks in these waters.

The noble Baroness, Lady Jones of Whitchurch, asked about the difference between access and trade. Under international law, as with other countries that are independent coastal states, negotiations for access are undertaken annually, as they are with the EU and Norway, and the EU with the Faroes. It is normal practice for an independent coastal state, which we will be, to have these negotiations on access. We will undertake that under international law—UNCLOS and so forth. It is very clear about the distinction. On access to trade, I am well aware that all of us are working towards a frictionless arrangement. Of course, export of fish is an important part of that, but the distinction is that access does not happen in the trade agreement, but under international law, which is the case for all other independent coastal states.

On fish processing and fish farming, my point to the noble Baroness, Lady Jones of Whitchurch, is that the fisheries Bill will, as we announced today, allow us to amend technical regulations in the CFP that cover aquaculture. Of course, our commitment is again to sustainability. On research, we must not forget that Cefas is world-renowned. Indeed, the research it is undertaking will be particularly important. I want to emphasise that for sustainability there clearly needs to be—and is—global co-operation on these matters. That is why we will be seeking, for instance, to join the regional fisheries management organisations, such as the North East Atlantic Fisheries Commission, precisely because we have a responsibility to act collaboratively under UNCLOS and other international conventions with other countries. That is a given.

On habitats—this issue was raised in the other place—since 2010 the Government have already designated 50 marine conservation zones, a further 41 of which are out for consultation. This is a clear indication of what we are seeking to do in practice to improve the marine environment—the ecosystem through which a strong fishing industry is possible.

As far as the devolved Administrations are concerned, we are at the beginning of what is a consultation, not the conclusion. There have been many discussions with the devolved Administrations and the Crown dependencies —let us not forget them—since the referendum result, and intensively since January under the process agreed by the joint ministerial committee. The Secretary of State is meeting the devolved Administration Ministers tomorrow to continue that process.

On funding in coastal communities, we will of course be looking at future arrangements and future funding continuing on from the European Maritime and Fisheries Fund. The Chancellor has already confirmed that these will be fully funded under Treasury guarantee, even when these projects are not completed by EU exit date. Indeed, since then, the UK-EU joint report of December last year states the intention that the UK will continue to participate in all EU programmes financed by the multiannual financial framework. Work is now under way to ensure that full consideration is given and that we work with the industry to consider possible future funding arrangements.

I know the Secretary of State has raised the issue of EU workers with the Prime Minister and the Home Secretary. They are fully seized of the importance of access to labour in this important element of the industry.

I have to say to the noble Baronesses that this is the beginning of the consultation, which runs for 10 weeks. We actively want the industry to be engaged in it. The initial reaction from fishing interests across the United Kingdom has been strong and positive. They see the great opportunities that this represents for a fairer share, and for us to work collaboratively with our neighbours and partners to ensure, through the prism of international law and access to our waters, that we have sustainable fishing that is fair to us and that we act responsibly regarding the UK system that we all care so much about.

Flood Risk

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 11th June 2018 Lords Chamber

[Lord Gardiner of Kimble]

Undoubtedly. To go back to Slowing the Flow at Pickering, tree planting was part of that process. It is about crops to be grown, trees and buffer zones. We are increasingly realising that there are all sorts of ways in which natural capital is a resource for us to use, and that we can work with farmers and landowners to support it.

[Baroness Bakewell of Hardington Mandeville (LD)]

Flooding can be devastating for businesses, homeowners and tenants. The cost to business can sometimes result in the business folding. Despite flood risk measures, many retailers and businesses have been flooded several times. As Flood Re applies only to domestic properties that cannot get insurance due to flood risk, do the Government have any plans to introduce a scheme that would help hard-pressed businesses which also suffer from the continual threat of flooding?

[Lord Gardiner of Kimble]

My Lords, whether it affects families, communities or businesses, clearly flooding is devastating and the clear-up can be very much a long-term affair for many. That is precisely why the business-led Property Flood Resilience Roundtable published an action plan in 2016. It is now working on a flood resilience code of practice—this is really important for places such as York, which unfortunately flood very frequently—and how to adapt the electricity supply, for example, so that if there is future flooding, recovery is much speedier. That is the way forward.