Wildlife Crime

Caroline Lucas Excerpts

Thursday 10th October 2013 Westminster Hall

[Joan Walley (Stoke-on-Trent North) (Lab)]

As always, Mr. Benton, it is a pleasure to see you in the Chair. I thank the Liaison Committee for making time available to debate this important subject, and I especially thank my colleagues on the Environmental Audit Committee, all of whom I regard as friends. I know that only two or three of them can be here today, but they have all contributed to the report, which is a joint effort.

I welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Camborne and Redruth (George Eustice), to his new role. I have just had it confirmed that this is his first outing on the Front Bench in a debate, apart from Environment, Food and Rural Affairs questions this morning. I look forward to hearing his views in his winding-up speech. We always remember the first time we do something; it may be that he will feel he can work with the Environmental Audit Committee on the first issue that he debated as Minister in Westminster Hall. As he is an ex officio member of our Committee, I look forward to seeing him help drive the sustainable development agenda. I also welcome my hon. Friend the Member for Brent North (Barry Gardiner) to the Opposition Front Bench in his new role as shadow DEFRA Minister. It is also appropriate for me to say that we appreciated everything that the Minister’s predecessor, the hon. Member for Newbury (Richard Benyon), did on this agenda. I might not always have agreed with his views, but he was always courteous and constructive.

The background to this debate goes back to an Environmental Audit Committee debate in 2004, when we called on the then Government to restate their commitment to tackling wildlife crime and criticised their refusal to accept it as an issue deserving of committed policing resources. Our 2004 report made a real difference. It led to the setting up of the wildlife crime unit. When the Committee decided in the current Parliament to return to the issue, it was natural for us to stick to broadly the same remit as the previous Committee report. We wanted to concentrate on areas where we hoped our unanimous recommendations could make a difference.

In a relatively short time, wildlife crime has gone right to the top of the national and international agenda. I believe that it was right for the coalition agreement to refer to wildlife crime and the importance of tackling smuggling and the illegal trade in wildlife through the new border police force. Events have moved so rapidly that we now have a far greater understanding of how global wildlife crime and illegal wildlife trafficking are growing threats to nature, the livelihoods of the poorest and international security.

Accordingly, our current report began its life with a call for evidence in January 2012. In response, we received 57 separate written submissions from organisations and individuals, a relatively large number of submissions for a Select Committee, which reflects the importance that the public attach to the issue. We followed up the written submissions with seven oral evidence sessions, which, as might be expected, included Government agencies, Government and non-governmental organisations. We finally published our report in September 2012 and got the Government response in March 2013, so it all seems quite a long time ago.

It is worth putting on the record that we are disappointed by how long it took the Government to respond to our report’s recommendations; I see all my fellow Committee members nodding their heads. I suspect that one reason—the new Minister might help us on this—may have been some delay by the Home Office in getting back to what the Government were doing. I hope that in future, our recommendations will have speedier responses. After we got our response, it was some time before we could get a debate. What with the summer recess, we are having the debate today.

However, it does not matter that it has taken so long to have this debate, as there have been many significant developments in the short space of time since we reported. One is that the links between wildlife crime and serious organised crime are now being widely recognised around the world. It is clear that the poaching of endangered species has rocketed since 2007. The illegal wildlife trade is estimated to be the fifth most lucrative illicit transnational activity worldwide, worth up to £10 billion a year. We are told that increasingly, it is the preserve of organised crime gangs: international criminal networks with links to terrorism, drugs and rebel militia. It is a huge agenda.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I congratulate the hon. Lady on her excellent chairmanship of the Environmental Audit Committee. At the high-level meeting on international poaching and wildlife trafficking in New York last month, it was encouraging that the UK supported the proposal for a UN special envoy on wildlife crime. During that meeting, the President of Gabon commented that illicit wildlife crime is, exactly as she said, not just an environmental problem but a serious threat to peace and security. Does she agree that that is yet another reason why the Government should now commit to funding our excellent national wildlife crime unit beyond 2014?

[Joan Walley]

As always, I am grateful to the hon. Lady for making that point. What President Obama has done, and what has been happening in the United Nations in the intervening time since our Committee reported, is making a huge difference. It shows that we must be able to lead internationally, nationally and locally. I keep returning to this point. If the Minister takes away one message from this debate, it should be that the national wildlife crime unit must be supported properly. I will come to those issues later in my report.

I welcomed the May 2013 UN commission on crime prevention and criminal justice agreement, which called on the nations of the world to consider wildlife and forest crime a serious form of organised crime. As we have just heard, that report to the UN Security Council highlighted the potential link between poaching and other organised criminal behaviour, including terrorism.

All that is happening on the world stage, and UN Secretary-General Ban Ki-moon has prioritised it internationally. Meanwhile, we have many local organisations and non-governmental organisations doing the same thing nationally, operating here as Wildlife and Countryside Link agencies to press the Government to implement in full the recommendations in our report. It is worth putting on record the names of those participating agencies: the Bat Conservation Trust, the Environmental Investigation Agency, Humane Society International UK, the International Fund for Animal Welfare, the Royal Society for the Protection of Birds, Whale and Dolphin Conservation, the Royal Society for the Protection of Animals and WWF UK. They are all saying exactly what my hon. Friend said: what we do on the world stage must be matched by what we do here. That is important.

All those organisations have been very vocal and robust in their work, and supportive of the UK Government’s leadership bid to tackle the illegal wildlife trade by hosting a high-level meeting on 12 and 13 February 2014. An action plan will be developed, which will work alongside the Duke of Cambridge’s United for Wildlife foundation. There has been a huge amount of action since we produced our report, which leads me to say that our debate today is perfect timing. I hope the new Minister will lead by showing best practice at home, and the best way he can do that is by revisiting each and every recommendation in our report. That way, he will have total integrity, based on a sound track record at home, at the high-level meeting that the Government are organising. He has everything to gain from reviewing the work in detail, because, with the new wave of activity, some of the Government responses in March are out of date. There would be nothing wrong with the Government saying, “We have revisited it and we’re thinking about things differently.” I hope he will be able to do that cross-cutting and revisit our recommendations.

The first recommendation relates to the national wildlife crime unit. All the evidence told us that it is strategic and co-ordinates wildlife crime enforcement. No one had a bad word to say about it; it was universally praised, which is unusual in a Select Committee inquiry. It obviously has good relationships with UK police forces, Interpol and international enforcement agencies. It has a lot of expertise and is doing a good job in respect of the trade in endangered species, illegal taxidermy and auction sales, bat and badger-related offences, marine species, reptile smuggling, wild bird netting and egg collecting. I cannot get my head around the fact that the sums involved in the unit are very small. DEFRA and the Home Office each contributed £144,000 in 2011-12, £136,000 in 2012-13—the amount is going down—and £136,000 in 2013-14. Those are very small amounts of money, which are making a huge difference.

Given the range and effectiveness of the NWCU’s work, the Committee concluded that it is excellent value for money and punches above its weight, but how can such an agency be run on an ad hoc, year-on-year basis? It cannot plan future expansion, it cannot keep good staff, and every year it spends all its time making the case to DEFRA and the Home Office for the funding to be agreed in the comprehensive spending review, because the money is not in the baseline budget. Why not? It should be. The Committee recommended that the Government reinforce success by implementing long-term funding arrangements for the NWCU. The previous Minister did well to get a one-year extension, but we need permanent funding.

Another issue of a little concern relates to the then newly appointed Association of Chief Police Officers lead on wildlife crime, Chief Constable Stuart Hyde. He gave evidence to the Committee, and we were looking forward to seeing how his ideas on wildlife crime enforcement would pan out in practice. He was suspended from duty in September 2012 following allegations of misconduct, unrelated to the wildlife crime brief, I hasten to add. How has the work that he was to do been taken up and carried on in his absence?

Staying with enforcement issues, we identified the need for reviews of Crown Prosecution Service wildlife crime prosecutions and the penalties for wildlife crime, the introduction of sentencing guidelines for the judiciary and training for magistrates. Most of those featured in our 2004 report. Despite the Government saying in their response to the report that they would not follow those recommendations, the time for the Government to give them a fresh look is long overdue. There are also issues with invasive species, which some of my colleagues took a great interest in, which we must return to and keep under the scrutiny of the Committee.

Moving on from enforcement, I want to discuss the hen harrier briefly. It is arguably the species most at risk of extinction in England and Wales. I notice that DEFRA has a target in its business plan of no extinctions in England and Wales. It is important that Departments do what departmental business plans say they are going to do. We are looking at a range of departmental business plans, but DEFRA has the target in its business plan, so what is it doing?

I could talk at length about the different views that witnesses who gave evidence to our inquiry had on the cause of the decline in hen harriers. We felt that persecution is a key factor in the decline of the hen harrier. I draw the Minister’s attention to five academic studies, by Redpath, Natural England, Summers, Etheridge, and the Joint Nature Conservation Committee. The JNCC found that the most common form of persecution is deliberate nest disturbance, which is why, after a lengthy discussion, we felt that the Government should evaluate the effect of an offence of vicarious liability in relation to the persecution of birds of prey, as the Scottish Government did in 2011, and consider introducing such an offence in England and Wales, to make landowners responsible for the activities of their gamekeepers. The Government said that they would review the matter as soon as statistics were available, and I can tell the Minister that when the Select Committee visited the Green Investment Bank in Edinburgh, we had a brief discussion with MSPs and put that on their agenda. Are the statistics on the impact of the offence of vicarious liability in Scotland available? Will the Government look at the Scottish experience and report back?

All international wildlife crime is serious. We heard that the tiger, the elephant and the rhinoceros all face extinction in their natural habitats due to demand for illegal wildlife products derived from their body parts. Most troublingly, we heard that those body parts are not, as some had previously assumed, mostly used in traditional Asian medicine, but being traded as investments for their scarcity value. The hon. Member for Richmond Park (Zac Goldsmith) has done a great deal to publicise that. As those species draw closer to extinction, the value of their body parts increases. We even heard about a Chinese bank that runs an investment fund based on elephant ivory.

In their response to our report, the Government agreed that “investment and conspicuous consumption” are emerging as significant drivers of demand. We were encouraged to hear how the UK is combating such trends domestically by strictly applying the criteria for the re-export of antique animal products, such as ivory billiard balls of all things, but we could question why those criteria were not applied strictly in the first place.

We can make significant inroads only through international co-operation. We therefore recommended that at the March 2013 CITES—convention on international trade in endangered species—conference of the parties, the Government take the lead in encouraging all CITES member states to enforce wildlife law. In particular, we urged the Government to focus attention on the damaging effect of one-off sales of impounded illegal wildlife products, such as elephant ivory, which serve only to stimulate the market and ultimately drive poaching, and we urged the Government to make the case for an unequivocal ban on all forms of international ivory trade. Will the Minister set out the negotiating position adopted by the Government at the CITES conference earlier this year, and the extent to which it was successful?

Will the Minister comment on decision 16.55, which directs that a decision-making mechanism—sorry to be technical—for a process of trade in ivory be adopted at the next conference of the parties? Why does he not call for an unequivocal international ban on all forms of ivory now? As part of the CITES working group, of which the UK is a member, will he call for the suspension of discussions on the decision-making mechanism? As was suggested in the earlier intervention, the agenda has moved on fast, even since we took evidence. We were heartened by the destruction in the US of stockpiles of ivory, which demonstrates that President Obama and others are taking a serious stance on the matter. We are talking about something that might have been considered impossible last May; the question now is not whether it will happen, but how it will. I do not think there is any harm in reviewing the Government’s position.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

I am grateful to the Liaison Committee and to the hon. Member for Stoke-on-Trent North (Joan Walley), who is the Chair of the Environmental Audit Committee, for securing this debate. It is a shame that it has taken so long to secure it. She explained to me earlier that part of the reason for that was that, with the summer recess coming, it was not easy to get a slot. She also made the point that it took the Government some time to respond to the Committee’s report. I am able to say that that was nothing to do with me, because I was not in the Government at the time. However, what I can say—a number of people have said this already—is that my predecessor, my hon. Friend the Member for Newbury (Richard Benyon), was absolutely passionate about these issues, so I do not think anyone should read into that delay that there was any lack of interest in the issue of wildlife crime on his part.

As we have heard, wildlife crime is a matter that we all care deeply about. Hon Members are quite right to seek reassurance about what the Government are doing to tackle the issue. Efforts to tackle wildlife crime have moved forward hugely in the last 10 years, thanks to the commitment and enthusiasm of successive Governments, the enforcement agencies and the many non-governmental organisations that willingly share their expertise and experience. We should take a moment to reflect on what has already been achieved, and to put on record our appreciation of the contribution that has been made by everyone who has been involved. Their work has helped to make the UK the envy of many countries around the world on this issue.

The range and nature of the evidence submitted to the Committee’s inquiry—we heard from the Chair of the Committee that there were 57 submissions—showed how interested people are in this issue, and there was a range of perspectives. As the Chair of the Committee said, the threat from the international wildlife trade has come into sharper focus this year. I welcome hon. Members’ support for the action that the Government are taking to work with the international community to tackle this issue. The increasing levels of elephant and rhino poaching, and of illegal trade globally, are indeed very worrying. They not only threaten individual species but governance, national security and development goals.

The Chair of the Committee said that the illegal wildlife trade is the fifth biggest criminal activity globally. The figures that I have been given suggest that it is now the third biggest, behind only drugs and people trafficking. It has now been categorised by the UN as a serious organised crime. As many hon. Members have already alluded to, as part of our commitment to tackling this trade we will host a conference in London on 13 February 2014 to galvanise international efforts to tackle wildlife crime and to secure top-level global political commitment on this issue. In the run-up to the conference—

[Caroline Lucas]

Perhaps I will pre-empt what the Minister was about to say, but I wanted to pick up on the point that the Chair of the Committee made earlier about the London conference, which we all welcome. Can the Minister assure us that in addition to Department for Environment, Food and Rural Affairs Ministers and officials being there and taking a lead as we would expect they would—we know the Minister’s commitment—will he ensure that the Home Office and the Ministry of Justice will play an absolutely key role at the conference too, because unless they are also on board I fear that we will not see the positive outcome that we all want?

[George Eustice]

I was about to go on to say that, although I cannot say exactly which Departments will be represented at the conference, in the run-up to it the Government are collaborating closely with other countries, the royal household, multilateral organisations and major NGOs to agree a way forward and to reach a consensus on the required outputs from the conference.

A number of Members have spoken in the debate. My hon. Friends the Members for Richmond Park (Zac Goldsmith) and for North Swindon (Justin Tomlinson) spoke passionately about the problems of the ivory trade; it is clear that there is a very strong feeling about this issue. The Chair of the Committee asked specifically what the Government’s negotiating position on this issue was when it was discussed at the convention on international trade in endangered species conference. I must be honest; being so new to the job, I will have to write to her specifically to set out the precise position that we took. However, looking at the Government’s response to the Committee’s report I know that they obviously touched on some of these issues and made it absolutely clear that we want to maintain the existing ban on raw ivory, although they also highlight that there is a slight difference with some of the antique ivories, which tend to predate 1947; indeed, they are required to predate 1947. There is a slight difference there, but I will write to her to clarify precisely the position that was taken.