Ivory Bill

Baroness Vere of Norbiton Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 10th September 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I shall speak briefly on these two amendments. I think we all accept that the cost of registration should not be prohibitive. Equally, I have to say that I think a blanket fee of £5 is unrealistic. It should not, however, be used as a money-raising opportunity, as some government fee systems have been found to do. In his letter to us after Second Reading, the Minister made it clear that the fees would be based on a cost-recovery calculation. Fine, but he went on to say that the calculation would be based on the cost of building a new IT system. At that point, alarm bells started to ring. I am sure that the Government would accept that they have a rather shaky reputation for delivering IT systems on budget.

I therefore hope that the Minister will take this opportunity to reassure us that the cost will not be prohibitive and that it will take into account the ability to pay of a wide range of potential traders who might want to use the system, taking on board the points that have been made that they will not always be the professionals and those who are able to pay large fees.

We have referred to the registration scheme several times and I know that the Minister says that we will have further details of it, but it would be helpful if he could clarify the timescale for it. Will we definitely have more details before Report?

[Baroness Vere of Norbiton (Con)]

My Lords, both amendments relate to the fees that can be set by the Secretary of State when registering an item containing ivory. When owners register their items under the exemptions for items of low ivory content, musical instruments, sales to museums and portrait miniatures, it is only right that they pay a fee for the service provided. This fee will contribute to the cost of building and administering the registration system.

On my noble friend Lord De Mauley’s amendment, we need to be careful about setting a fee on the face of the Bill—that is, in primary legislation—as, over time, circumstances which will need to be taken into account may change and mean that it is necessary to revise the fee—in either direction.

To reiterate, the Government intend that the fee will be small and proportionate, but I cannot agree with my noble friend that a fee of £5, set out in primary legislation, is appropriate. The fee will be dependent on the cost of the IT system and its administration and will be determined in accordance with Her Majesty’s Treasury’s guidelines with regard to cost recovery. I hope that alarm bells are not now ringing. We aim for the system to be as simple to use as possible.

On Amendment 31, in the name of the noble Earl, Lord Kinnoull, I recognise his interest in ensuring that fees are not set at a rate that would discourage registration and entirely share his view. The Government are finalising the specifications for the registration system. Further details will be available in due course, but I do not have a time for them as yet. If I get one, I will write to noble Lords and advise them. Work to date has included input from a range of stakeholders, including those most likely and most frequently to use the system; for example, representatives from the Association of Art & Antiques Dealers and the Music Industries Association. We want to ensure that we understand their needs. Our aim will be to develop a system that is simple to use and cost effective.

We recognise that many items registered under these exemptions are likely to be of a lower value than those that qualify as exempt under Clause 2, so I can assure noble Lords that the registration fee will reflect that. As I have said, the Government are taking into account a wide range of opinions. I reassure noble Lords that we recognise the intent behind the amendments and acknowledge that it is in no one’s interest to have fees that are unacceptably high. I hope that my noble friend will feel sufficiently reassured to withdraw his amendment.

[Lord De Mauley]

My Lords, I suppose that I shall have to be happy, at least for this eventing, with my noble friend’s assurance that the fee will be small. For this evening, I beg leave to withdraw the amendment.

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[Lord De Mauley]

My Lords, I think that this is a most sensible suggestion. The definition of “dealing” includes buying ivory objects, so how else is a buyer to avoid breaking the law, unless they have a means of verifying either that a de minimis object has been registered, or that an exemption certificate has been issued for an outstanding one?

[Baroness Vere of Norbiton]

My Lords, the intention of this amendment has been set out by the noble Baroness, Lady Jones, so I will not repeat it. The Government agree that a potential buyer must be able to verify that it is legal to purchase the item before finalising the sale. If the purchase is in person, the buyer will need to examine the exemption certificate issued for a rare and most important item, as this will need to accompany the item at the point of sale. The buyer will also be able to confirm that it is genuine via the online system. For online sales, the seller should confirm that an exemption certificate has been issued and will be transferred with the item. As with offline sales, the buyer will be able to confirm that it is genuine.

A buyer wishing to check the legality of selling or hiring an item registered as being exempt under Clause 10 will be able to look it up on the database, through the item’s reference number. This number should be provided by the seller. It is in the seller’s interest to ensure that the information is available to provide the buyer with confidence. The potential buyer will then be able to compare the photos and the description on the registration system with the object that they intend to purchase. The registration system is currently being developed, in consultation with many of those who are likely to use it, as we have just discussed. We are able to do this without making regulations and, as I have set out, we intend to include this functionality in the new system. Guidance will set out the best way for a seller to assure a buyer that they are able to legally purchase an item, and enable a buyer to satisfy themselves that they are able to legally purchase that item. With this explanation, I hope that the noble Baroness will withdraw her amendment.

--- Later in debate ---

[Baroness Vere of Norbiton]

My Lords, the Government are in full agreement with the principle of this amendment. We acknowledge the importance of transparency and providing information to the public. That is why, once the ban is in force, we intend to share publicly information on how the ivory ban is working in practice, as this will be essential to ensuring public confidence in the ban and the supporting systems. I therefore assure the noble Lord that we already intend to publish headline data on the number of registered items and exemption certificates issued and revoked each year, as well as the appeals, in line with the Data Protection Act.

Furthermore, regarding subsection (4) in the amendment, I confirm that we will further break down headline figures as far as we are able—for instance, to cover broad categories of items such as statues, reliefs and furniture. In light of these assurances, I ask the noble Lord to withdraw his amendment.

[Lord Grantchester]

I am very happy to receive such assurances and feel that maybe I have been the lucky one to be satisfied tonight. I am grateful to the Minister. Perhaps we can examine on Report how this may be put in the Bill so that more substance can be given to her reassurances. With that, I beg leave to withdraw the amendment.