Ivory Bill (First sitting)

Baroness Hayman of Ullock Excerpts

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

[The Chair]

We will now hear evidence from the World Wide Fund for Nature, Born Free and the International Fund for Animal Welfare. Before I call the first Member to ask a question, I remind Members that questions should be limited to matters within the scope of the Bill, and that we must stick to the timings of the programme motion. Could the witnesses introduce themselves for the record and to check the sound?

Cath Lawson: My name is Cath Lawson, I am the chief adviser on wildlife at WWF UK.

Will Travers: My name is Will Travers, I am the president of the Born Free Foundation.

David Cowdrey: My name is David Cowdrey, I am the head of policy and campaigns at the International Fund for Animal Welfare.

[Sue Hayman (Workington) (Lab)]

Q Do you all feel that the scope of the Bill, about just elephant ivory, is broad enough? If we ban just elephant ivory, could there be a shift towards ivory and horn from other animals being targeted? If it is possible, should we broaden the scope of the Bill to prevent that from happening?

Will Travers: That is an important question. Context is important; we all feel that it is important that whatever other considerations there are for non-elephant ivory-bearing species, they do not blow this legislation off course or delay it significantly. We all share the view that it would be a tragedy, to put it in informal terms, if we worked really hard to save elephants and other species were collateral damage in the process. But we need to consider a number of species.

We suggest that the Government commit to a rapid consultation after the Bill, to look at hippos, narwhal, hornbill—which are also facing extinction because their bills are a surrogate for ivory—walrus and not just CITES-listed species but non-CITES-listed species. We recognise that the trade—particularly the legal one—is entrepreneurial and will move to wherever there is an opportunity. Species such as warthog could come into the frame very rapidly as interest in ivory shifts from elephants, which are getting a huge amount of attention, to other ivory-bearing species.

In summary, we would like real attention to be paid to the issue, but we want to make sure that that does not in any way delay this process. That would be detrimental to what is under way.

Cath Lawson: We endorse that opinion. We are happy that the Bill as it stands, which allows for consideration of other ivory-bearing species at a later date, is sufficient. We would be comfortable with Will’s suggestion of expansion to non-CITES-listed species, too, but our concern would be that to include other non-ivory-bearing species at this point would cause delays to the Bill. With the illegal wildlife trade conference in October, we are keen that the Bill moves quickly through the legislative process.

David Cowdrey: Again, I endorse what WWF and Born Free just said. There should be flexibility in the Bill to include other species in future, but at this time the focus should be on delivering for elephant ivory, which the consultation was about and where a lot of the research was. That flexibility should enable the inclusion of further species should they be exploited and should there be a need to add them.

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

Q That is interesting because the Bill has been a long time coming and it is great that we have got this far. To knock it off course would be perverse. As we have not consulted on all the other species, would the best thing be to get the Bill through and then all of you who are experts could meet Ministers to decide which species—particulary non-CITES species—ought to be included so that we do not have other species coming on to the endangered list simply because activity has been displaced? I assume that you would all be happy to consult Ministers once the Bill is passed to get that done as soon as possible.

David Cowdrey: I totally agree with that. We have all worked so hard to get to this point to deliver one of the strongest ivory bans in the world. The initiative that has been taken by all parties and the cross-party support shown on Second Reading have been superb, and there is an opportunity to provide that protection. As we said, as long as there is that flexibility, and consideration for other species, which can be applied in future, and as long as further consultations can be held and we can have those discussions, I would agree totally with that.

Cath Lawson: Yes, WWF would be happy to engage in that consultation process, but for it to be separate to passing the Bill.

Will Travers: Just for the Committee’s interest and information, we are talking about huge volumes of trade in non-elephant ivory. I have four figures that might be helpful. From 2007 to 2016—just under a decade—78,000 hippos and hippo products were exported by CITES parties. Hong Kong imported 60 tonnes of hippo ivory between 2004 and 2014. Between 2007 and 2016—those dates again—7,000 narwhal products were exported and more than 172,000 walrus specimens were reported to have been exported on the CITES trade database. Those are not insignificant by any measure—they are enormously significant. With that kind of volume now, as we have just mentioned, the shift away from elephant ivory could put insupportable pressure on these other species, which is why we would like to see an accelerated process for that after this process has been undertaken. That is a very helpful suggestion.

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[Mrs Latham]

Q You mentioned Hong Kong and the fact that China is implementing this measure quite strictly. You also mentioned mammoth. I understand that in Hong Kong ivory is being passed off as mammoth tusk. Obviously the mammoth are dead—we are never going to save the life of a mammoth—but should we consult on a ban on mammoth ivory as well as on those species that might become extinct as a result of not being included in the Bill? If in Hong Kong, or anywhere else, people can say, “It’s all right; this is a mammoth tusk,” and sell it, does that not create the loophole that those who want to make money are looking for?

Cath Lawson: It is certainly something that we would be comfortable with. I mentioned an amendment earlier. At the moment the Bill includes CITES-listed species, but mammoth, as an extinct species, are not a CITES-listed species and never will be. One option would be to remove that caveat in the existing legislation, but that could be part of a later consultation process.

[Sue Hayman]

Q Let us come back to the scope of the meaning of ivory. You talked about there being a delay if anything is added in. Given that this is the Ivory Bill, not the Elephant Ivory Bill, and that the CITES list makes clear that there is concern about species beyond the elephant, why would there be a delay if you added in the species listed by CITES? The consultation allowed for discussion of other species that are badly affected by this issue, and you have the figures.

Cath Lawson: During the consultation process, we did not advocate for additional species to be added. Our advice in the consultation response was to focus on elephant ivory.

Will Travers: We did comment on other species, and we did advocate that there should be consideration, which is what I believe clause 35 refers to. The definition of ivory in the Bill is ivory from elephant species. I understand why it is important to make sure there is consideration of other species, for which there has been no full consultation. We want to understand what is going on with hippo ivory, with narwhal ivory, with walrus ivory, with warthog ivory—non-CITES listed—and with extinct, non-CITES-listed mammoth ivory. There may be—I am just trying to think of the right way of expressing this—specific exemptions that would have been considered for inclusion specific to, for example, mammoth ivory that we would be discussing now had that been part of the overall process to start with.

[Sue Hayman]

Q But if you were just looking at CITES species, you wouldn’t be including mammoth.

Will Travers: No, but we are rather hopeful that we don’t restrict ourselves to CITES species.

[Sue Hayman]

Q I am just talking about the Bill at the moment. It could be improved quickly by adding in the CITES species, as I know a number of people were suggesting. You could then consult and look at the non-CITES species and the issue of mammoths separately afterwards. My big concern is that you bring this in just for elephants and you very quickly see a shift. You could protect the other CITES species straightaway, without the need to go to consultation because of the nature of the Bill, being the Ivory Bill, if you see where I am coming from.

David Cowdrey: The built-in flexibility under clause 35(3), and the opportunity for the Secretary of State to add, means you would not need to go through a consultation process. If we were informing the Secretary of State of a shift that has taken place in conservation terms with species that are coming under threat, there should be an ability to provide that evidence for action to be taken swiftly to add those species immediately within the Bill. That flexibility currently exists under clause 35(3).

In relation to the speed of the Bill, I hand it back to you as hon. Members. That is in your remit—your court. As an NGO, we would like to see this Bill completed and into legislation by October, prior to the IWT conference, so we can have a global stage to announce this fantastic piece of legislation. So I hand the ball back to you.

[Simon Hoare]

Q I have two very quick points. The first is, having looked at Wikipedia—that great source of authority and information, as we all know—mammoths are included in the elephantidae family. I am rather anxious that what we are trying to do here is to decommoditise the attractiveness of ivory in all its forms and types. Therefore, I wonder whether mammoth is actually covered within the Bill, as set out in clause 35(6).

The other thing, very briefly, is whether you have had a look at the enforcement regulations, as set out in later clauses of the Bill. Do you think they are about right, too lenient or top-heavy?

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[The Chair]

We will now hear oral evidence from Stop Ivory and the Tusk Trust. We have until 11.25 am for this panel. May I ask the witnesses to introduce themselves for the record?

Charlie Mayhew: My name is Charlie Mayhew. I am the chief executive of Tusk Trust.

Alexander Rhodes: My name is Alexander Rhodes. I am from Stop Ivory.

[Sue Hayman]

Q If the ban is purely on elephant ivory, do you think that will have a detrimental effect, with the trade being potentially pushed on to other species? What are your thoughts on that?

Charlie Mayhew: The short answer is yes. There must be a concern that the criminal syndicates that operate in this space might well be inclined to move to trade greater figures in hippo, mammoth, walrus and other ivory-carrying species. There certainly is that concern.

Alexander Rhodes: Of course, there is the risk that that will be a result of tightening controls on elephant ivory in this way. I feel strongly, however, that sending a clear message, as this does, on elephant ivory is critical at this time. Our colleagues have given the numbers beforehand. Particularly looking at the conference in October, the focus on elephants is very important. We are talking about trying to achieve a decrease in the killing of elephants by stopping ivory being traded. We must continue to focus strongly on the elephant ivory.

[Sue Hayman]

Q I see your point on that, but we do not want to see, as a consequence of that, the increased killing of other species.

Alexander Rhodes: Without a shadow of a doubt.

Charlie Mayhew: Absolutely. The public, in whichever part of the world, who ultimately buy ivory do not necessarily differentiate where that ivory has emanated from. We have an opportunity here, in introducing this legislation, which as people have previously said is one of the toughest bans in the world, to send a message that ivory should now be socially unacceptable. If we can try to use this legislation, particularly with the upcoming illegal wildlife trade conference and attendees coming from all over the world, the rest of the world should follow suit.

[Mrs Latham]

Q Going back to what I said to the previous panel about ivory tusk being traded as mammoth, which is quite legal and would be quite legal after this Bill came in, is that something that we should consult on? Clearly we will not save the life of a mammoth—they are all extinct—but would it continue to save the lives of elephants if we banned that? It is not on the CITES list that we have heard about, but do you think that such a measure would be helpful to prevent elephants from being targeted? If someone can legally pass a tusk off as mammoth tusk, it will not stop anything.

Alexander Rhodes: Yes. Perhaps as a bit of context around that, it is interesting to note that the crisis that was recognised just before the last London conference came about because of the professionalisation of poaching. Illegal organised crime stepped in and added elephant ivory to its inventory because there was no legal international trade and there was an opportunity. That took place in circumstances where, internationally, there was confusion, and there was no common position on whether elephant ivory should or should not be traded—that rift had been in place since 1989.

Over the four years since the London conference, strong consensus has been built internationally that the ivory market should be closed. Importantly, that has taken the form of two international resolutions, one at CITES and one at the IUCN, that domestic markets for ivory—that is what we are talking about—should close, as should some of the other leading markets for elephant ivory, such as those in China and the US, and we are looking forward, beyond there, into Europe. That certainty about the illegality of ivory has significantly changed in the price of ivory.

When we started looking at this issue at the time of the first London conference, many people said that closing markets for ivory was a stupid thing to do, because all it would do is drive up the price. They said that destroying stockpiles of ivory, or locking them up so that they could not be traded into the market, was a stupid thing to do, because it would just drive up the price, and that the more scarce you make things, the higher the price becomes. Interestingly, David mentioned prices earlier, and the change that we have seen during this period, and the effect of the measure, has been that, in China, the price of a kilo of ivory between the time of the last London conference and now has gone from $2,500 to $450. In some African countries there has been a similar collapse in the price of ivory paid to gunmen. That wider context goes to the point about clarity on the legality, or illegality, of ivory.

I tend to agree with what Charlie said, which is that if you say, “Ivory is banned”—this is called the Ivory Bill, and the basis on which it was built was a commitment to close ivory market—that is pretty clear, and it falls within the international consensus that has been built on elephant ivory. My personal view is that, yes, it would make great sense to expand the Bill to cover mammoth ivory and other types of ivory for species that are threatened as a result of this trade. Such a measure would disincentivise people from going and killing those animals, whether they are doing it cynically for their own profit or because it is the only choice they have on the table—that is possibly something else we may discuss.

The real question in my mind, however, is whether, if we start trying to expand the Bill now, we will lose the effect that we can get, and the UK’s role in that momentum, which is already making a massive change. I return to what David said, which is that this is perhaps more your area of expertise than ours, but I think that is the balance to strike.

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[Liz Twist]

Q So you would like to see the Bill amended to reflect that?

Alexander Rhodes: Yes.

[Sue Hayman]

Q We have talked quite a bit about enforcement and implementation once the Bill is complete. There is so much potential for mis-selling and for misleading behaviour. We have talked about the internet. It is incredibly complicated. When this Bill becomes law, how fit is the judiciary to manage sentencing and stop this trade happening? Do we want guidelines attached to the Bill for the judiciary? Do we want training? What kind of sentencing do we need to stop it happening? I would be interested to get your thoughts on that.

Charlie Mayhew: Absolutely. As part of this Bill—I believe DEFRA is planning to do this anyway—we need a significant awareness programme, not only for the judiciary but for the general public. That is essential. Educating the public, the judiciary and the enforcement officers is absolutely essential.

We very much hope that, in the same vein that DEFRA has consulted us to date, it will be willing to consult us on the guidance notes. I fully endorse that. There is a desperately increasing need to educate the judiciary in African countries on enforcing the legislation against the illegal wildlife trade, poaching and so on. In some countries, they are more advanced than others. We see how important it is that the judiciary fully understands the scope of this Bill and how it is going to be enforced.

Alexander Rhodes: It is interesting that a number of the African countries that are members of the elephant protection initiative and others have been working hard with support from colleagues to develop prosecution and sentencing guidelines for wildlife crime, in particular in relation to the ivory trade.

[Sue Hayman]

Q Is that something we can learn from? Would it be relevant?

Alexander Rhodes: Really importantly, it is something we can learn from and it is quite good that we can learn from what African countries have been doing in relation to that. Interestingly, we paid for it anyway. In the context of Angola, for example, where we are working at the moment, a challenge fund grant is paying for a programme of legislative reform review and prosecutor and judicial training.

[Kerry McCarthy]

Q Returning to what you said about a ban on any sales online, would that apply just to pre-1918 items, and not to the exemptions for items with low ivory content? I am thinking particularly of musical instruments. At the moment there is an exemption for pre-1975 musical instruments. They are quite often bought and sold online. People buy guitars, for example, from online shops. Would you be happy for that to continue where the ivory is not a crucial part of the item but it happens to have ivory decoration, or an ivory mouthpiece, for example? I do not think many pianos are bought and sold online, but they can have ivory keys.

Alexander Rhodes: The purpose of this is clarity and certainty, so my preference would be for it to be straightforward. If it is ivory, you cannot sell it, and you cannot deal in it, online. To add a little context, you are right, of course. Not only are musical instruments with bits of ivory in them bought and sold online but some inlay furniture is also sometimes bought and sold online. However, it is the overwhelming minority of musical instruments or pieces of furniture that contain ivory of that kind.

My personal preference, for clarity and therefore for certainty, would be for it to apply across the piece. Of course, if it applied only to part of the piece, that would still be better certainty than its not applying at all.