Ivory Bill

David Rutley Excerpts

3rd reading: House of Commons
Wednesday 4th July 2018 Commons Chamber

[Simon Hoare]

Well, there we are—my knowledge of north Wales Labour MPs is getting even better. This segues into the hon. Gentleman’s point. I would much prefer to see pressurised resources in DEFRA, the MOD and DFID, concentrated on deploying as much as we possibly can to arrest and frustrate the ivory trade and poaching, rather than the bureaucratic complexities that, in essence, underpin new clause 2 about having the report on the international ivory market. Apart from having a report to keep open a door or prop open a broken window, I am not entirely sure what the report of itself would do and what sits at the heart of the new clause.

Of course, I support the amendments proposed by my right hon. Friend the Secretary of State.

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

rose—

[Simon Hoare]

With trepidation but a certain degree of honour, I give way to my hon. Friend the Minister.

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[David Rutley]

As always, my hon. Friend is very assiduous. I wonder whether he noticed today that we have announced that we intend to consult on extending the ban to include other ivory species, and we will seek to start the consultation process and gather evidence as soon as practicable or on Royal Assent. Does he not believe that that shows our clear commitment to taking action in this very important area?

[Simon Hoare]

My hon. Friend has pointed to my effective oratorical default, which is that I never, ever write a speech. I scribble notes on bits of paper and then get terribly confused—sometimes it is a shame and sometimes it is a blessing. In concluding my remarks on new clause 1, I was going to say—again, this militates against the need for it—precisely the point that my hon. Friend made from the Dispatch Box. He and our right hon. Friend the Secretary of State have made incredibly clear their enthusiasm and appetite for expeditiously moving forward to include species such as the narwhal and others, which we are keen to see included.

My hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) and I have an affection for the narwhal, which might even be described as an obsession. I think it is probably best to keep that to ourselves—we do not need to go into the whys and wherefores. However, not only have Ministers and the Secretary of State indicated the appetite to make full use of clause 35(4), but were there ever to be a change of Government—pray God that this is at such an interval that my hon. Friend and I will probably have hung up our boots—I rather get the impression that a Labour Government would also be as keen to exercise the scope of clause 35(4), so trying to put this in the Bill in a new clause is irrelevant.

In conclusion, I recognise the enthusiasm and determination that the DEFRA team have shown on this Bill. I also put on record my thanks for what I think is the unsung work of my right hon. Friend the Member for North Shropshire (Mr Paterson) and my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom)—the current Leader of the House, if I have got her constituency wrong—who did so much work when she was the Secretary of State for Environment, Food and Rural Affairs. I also thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), because only due to circumstances beyond her control was she not able to bring to the point of delivery that which she had been involved in from the moment of conception. She should take enormous pride in the Bill, because it is something that is important for the House to do. Although there was some disagreement about pace and tempo during the Bill Committee and on Second Reading, the unanimity of view does credit to this place. Too often, it is seen through the rather narrow microcosm of Prime Minister’s questions, but when this place gets it, when it understands the need to do something, there is, I suggest, no finer example of the practice of politics. It has been a privilege and a pleasure to play a part, albeit a very small one, in bringing the Bill to this stage.

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[Sir Hugo Swire]

Yes, I agree with my right hon. Friend. I would say that there are legitimate concerns that still need flushing out, but I do not think anything should be done that will prevent the passage of the Bill in time for the wildlife conference. There are genuine concerns about how tight the legislation is in some respects and about how people may be inadvertently affected. I believe that legislation is only as good as the thought that is given to it, and there is nothing worse than implementing bad legislation. The legislation has to stand the test of time, and I believe the Government are trying to achieve that. I am sure that any serious points raised in the other place will be addressed suitably, but my right hon. Friend is, as usual, absolutely right that we must do nothing to prevent the swift passage of what is, in most respects, an excellent Bill.

[David Rutley]

This has been another outstanding debate on a very important subject, and I am very grateful for all the contributions that have been made.

On Second Reading, I was heartened to hear the support from all parties for the Bill. I thank all the Committee members for their important contributions on this issue and for the suggestions on how we can refine the Bill. Progress has been swift, and it is crucial that we continue that pace of progress on the Bill, as has been set out in numerous speeches.

I would like to give a warm welcome back to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). As always, the Department will benefit from her keen intellect and boundless energy in moving forward with so many important initiatives, of which this Bill is not the least. It is good that she is in her place on the Front Bench today.

We have not really discussed the intention of Government amendments 1 and 2, which seek to provide a definition of a pre-1918 portrait miniature for the purpose of the exemption in clause 6. The amendments adds a size restriction to the definition so that portraits with a 320 sq cm surface area qualify for exemption. That is the maximum area of the visible surface of the ivory “canvas”, irrespective of the size of the frame. In Committee, Emma Rutherford, a representative of Philip Mould & Company, who is an expert on portrait miniatures gave evidence on how the exemption for portrait miniatures could be refined to add a size limit. The Government listened to that expert evidence and to views expressed in Committee and have introduced proposals that set maximum dimensions for portrait miniatures. We have discussed this, but we have chosen to exempt portrait miniatures because the value of these popular items is due not to their ivory content but to their historical importance, the delicate painting and their luminosity.

Let me now move on to important subjects that have been discussed at length today. We should focus our attention on Government amendments 3 and 4 and discuss matters raised in debate. I shall then come on to discuss new clause 1. As has been said, amendments 3 and 4 will extend the power to make secondary legislation so that the definition of ivory could include that from any ivory-bearing species.

The hon. Member for Workington (Sue Hayman), in a characteristically considered contribution, asked whether the focus on elephants was initially an oversight. Non-governmental organisations, particularly during the evidence session, underlined the need to focus on elephants as an urgent priority. There was no oversight—there was a clear focus to start with—but that is not to say that we should not move on and look at other species.

We have heard passionate speeches expressing concerns about other species, from the hon. Member for Redcar (Anna Turley) about hippos, and from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). I do not think anyone will forget the speech by the hon. Member for Leeds North West (Alex Sobel), and his legendary narwhal song. We will have to find the words and start humming them in the bath, or something.

As my right hon. Friend the Secretary of State made clear on Second Reading, it is important that, as a result of this ban, the trade in ivory does not move to other species. That is why we included a power in clause 35(3) to allow other ivory-bearing species listed under CITES to be brought into the scope of the ban.

[Robert Courts]

May I repeat my thanks to the Minister for listening to the concerns that I have expressed about that provision in particular? Does he agree that the key point is that we need to move quickly to protect elephants, but after that we need maximum flexibility so that the Government can protect other species, whatever they are, as and when required?

[David Rutley]

My hon. Friend has been consistent throughout the process about the need to push forward, as have many colleagues on both sides of the House. Absolutely—we need pace, and I will come on to how we will ensure that we move forward as quickly as possible in the weeks and months ahead.

[Sir Hugo Swire]

When my hon. Friend begins to explain why the Government’s proposals are better than Opposition new clause 1, will he provide the House with evidence such as potential legal challenges or judicial review that has led the Government to decide that this is a better way to proceed?

[David Rutley]

Indeed I will. My right hon. Friend has made an important point. Of course, we want to move fast, but we want whatever legislation we introduce to be compliant. We want to make sure that it is effective and enforceable legislation, and I will come on to explain more about that.

We have listened carefully to the views put forward by expert witnesses in Committee and by Members on both sides of the House, and we have made it clear that we should not wait for ivory species to become endangered before we can take action. The amendments will therefore allow us to prohibit dealings in ivory from CITES species, as is currently the case under the existing drafting of clause 35 and, additionally, any other ivory-bearing animal or species, including those that are endangered—for example, warthogs, my favourite animal.

[Simon Hoare]

Hear, hear.

[David Rutley]

Quite right, too. The amendments also cover extinct species, such as mammoths. We believe that extending clause 35 to allow warthogs to be brought into the scope of the ban is important due to the risk of displacement. That has been talked about by several people, including my hon. Friend the Member for Witney (Robert Courts). We also recognise that mammoth ivory is sufficiently similar to elephant ivory that its continued sale could perpetuate the demand for elephant ivory.

I would like to thank my hon. Friend the Member for North Dorset (Simon Hoare), of warthog fame, and my hon. Friend the Member for Mid Derbyshire (Mrs Latham)—we will not forget her contributions in Committee on mammoths—for their determined commitment to these species. The Government are clear that we should work together for the Bill to move swiftly through Parliament and that we should not allow the Bill to be derailed. Quick passage is important as in October the Government are hosting the fourth illegal wildlife trade conference, referred to by Members on both sides of the House, at which we will bring together global leaders on this issue. The conference will build on previous efforts, address the underlying systemic issues that facilitate the illegal wildlife trade and demonstrate a step-change in the fight against this criminal trade. Our aim is to make significant progress with the Bill before the conference.

[Henry Smith (Crawley) (Con)]

It was a great privilege to serve on the Bill Committee. Britain’s global leadership on this issue is absolutely essential. Does the Minister agree that the strong message we are sending out by passing the Bill in a timely manner and widening the scope to other species will lead to change in countries across the world?

[David Rutley]

I thank my hon. Friend for his contribution in Committee. He makes an important point. We want to highlight our commitment to tackling illegal wildlife trade. The Bill, and the extension we are talking about today through the consultation, will be important in sending out a clear signal to other countries, and not least the EU as it looks at its own ban.

As referenced on the Department for Environment, Food and Rural Affairs website, the Government are clear that introducing protections for other ivory-bearing species is important. That is why we announced today our intention to consult on proposals to extend the ban to other ivory-bearing species on or as soon as practicable after Royal Assent.

[Mr Jayawardena]

I was not on the Bill Committee, but I have been following the Bill closely, as have other members of the all-party group on endangered species. Can my hon. Friend confirm that the consultation would allow the Government to move further and faster than would have been possible under new clause 1?

[David Rutley]

Absolutely. It is our intention to move further. We are all agreed on that. As I will set out, we believe categorically that this will be faster. I think that that is the sort of speed people want to see as we move forward in the weeks ahead.

[Simon Hoare]

What capacity is there within DEFRA post conference—I appreciate it is currently fantastically busy—if other countries want to dip into the collective expertise of both Ministers and officials on how to deliver and devise this sort of legislation? Who will be available? We should be a centre of excellence and a resource for information and knowledge.

[David Rutley]

That is another excellent point. DEFRA officials work very closely with their counterparts in other countries. The conference in October will be a perfect opportunity to bring parties together. If further co-operation is required they will be ready to do that, but there is important work to do in the UK as well.

The Government want to ensure that if in future we decide to extend the scope of the ban, any legislation which applies to ivory-bearing animals or species is robust, proportionate, defensible, enforceable and, importantly, compliant with the European convention on human rights. We will therefore ensure that we gather and analyse evidence on the market for ivory from the other species. We therefore think that it is vital to consult on any proposals and gather views and evidence from stakeholders and the public. That would support an analysis that will focus on the impact of the measures—

[Kwasi Kwarteng]

Could my hon. Friend give the House any indication on timing for the consultation process?

[David Rutley]

As I said in the DEFRA announcement—I am pleased that my hon. Friend has given me the opportunity to underline this—the consultation would start on or as soon as practicable after Royal Assent. The commencement of the Bill will be around six months afterwards. Importantly, the consultation will take place at the point of or close to—as soon as practicable—Royal Assent. We will then move forward with the consultation and, assuming that the evidence shows that it is right to put forward the statutory instrument and include certain species that we have talked about, we can then move forward on a quicker timescale than has been set out—[Interruption.] From a sedentary position, I heard the hon. Member for Workington suggesting that we do it straightaway, which is a lovely thought and I understand her intention. However, the key thing that I am trying to stress is pace. Let us make sure that the Bill is compliant as well. I say gently to Opposition Members—I know that they are committed to pressing the new clause to a vote—that we want to make sure that the Bill is compliant, and given the focus and commitment that we have all given to the Bill, it is not right for there to be any risk, not just to the future of the delegated powers, but to the Bill as a whole by putting such provisions in it. That is what I ask Members to consider as we move to the vote.

We have already talked about new clause 1, but let me just add further weight to the arguments around it. It is clear that this new clause will place the Secretary of State under a duty to lay an instrument under the affirmative procedure within 12 months of clause 35 coming into force. It would extend the prohibition on dealing elephant ivory to ivory from CITES-listed species, so it does not go as far as the approach that the Government have set out.

As I said, the Government intend to consult on the extension of the ban and to conduct analysis of the impact that this may have on individuals and business. The new clause, however, presupposes or prejudges the outcome of that important work and would remove the opportunity for the public to provide evidence. It would oblige the Government to extend the prohibition to CITES species, even if the evidence does not support it. For some or all of the species listed in the new clause, that could mean that the regulations may not be compliant with the European convention on human rights and could be challenged on that basis. Given that explanation, I very much hope that in her concluding remarks the hon. Member for Workington will consider withdrawing her new clause.

During the debate, a number of other issues have been raised and I will turn briefly to some of them. The hon. Member for Redcar (Anna Turley) has made points about resources and cyber-security. I assure her that this is obviously a key area of focus and priority for the Government. The National Wildlife Crime Unit and Border Force do a fantastic job and we are committed to making sure that they have the resources to take this work forward. Of course, the Office for Product Safety and Standards, the regulator, will have additional resources, and working together with the enforcement agencies, will ensure that the ban is enforceable and is done so well.

The hon. Member for Leeds North West (Alex Sobel) made the point about plectrums. If they are made of mammoth and assuming that the ban extends to mammoths, they would be prohibited, but clearly, they can still be used. They can be passed on and bequeathed; they just cannot be sold commercially. He makes an excellent point about narwhals. We have exchanged correspondence and we encourage other nations to take such commitments seriously. I will gladly meet him separately to talk about Canada.

The hon. Member for Workington talked about the need for a report. We talked about this in Committee at great length. I understand why she wants a report, but the Government do not believe it to be their job to produce one, because other organisations can do so more independently, and of course there would be a cost involved as well. I therefore ask her not to press her new clause 2. With that, I thank hon. Members for their contributions on Report.

[Sue Hayman]

We have had an excellent debate this afternoon, and it is great that hon. Members right across the House have welcomed and supported this important Bill. I thank the Minister for our constructive discussions in Committee and today and warmly welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Suffolk Coastal (Dr Coffey), to her place.

I take issue with what some hon. Members have said about Government amendments 3 and 4 meaning that new clause 1 is not required. Our new clause would amend clause 35(1), whereas the Government amendments amend subsections (2) and (3), so they are not mutually exclusive. If we are to make the Bill as strong as it can be today and achieve as much as we can, I see no reason why the House cannot support both new clause 1 and the Government amendments. We would then today have the strongest Bill possible. I am a little disappointed, therefore, that the Government do not want to support the new clause.

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[David Rutley]

I beg to move, That the Bill be now read the Third time.

What a pleasure it is to move the Third Reading motion for this important Bill. It is a simple but vital piece of legislation with a clear purpose: to help save one of the world’s most magnificent animals, the elephant, from the brink of extinction at the hands of ruthless ivory poachers. The ban on the sale of elephant ivory items of all ages, with only limited exemptions, will be the strongest in Europe and among the strongest in the world. The introduction of the Bill has reaffirmed the UK’s global leadership on this critical issue, and reflects our commitment to making the abhorrent trade in ivory a thing of the past. By seeking to ensure that ivory is never seen by the poachers as a commodity for financial gain or by potential customers as a status symbol, we will protect elephants for future generations.

The Bill has been improved today by amendments made on Report that took account of the evidence put forward by expert witnesses in Committee. This is my first time taking a Bill through the House as a Minister, and I am grateful for the positive way in which Members have engaged with it as it has progressed; I hope that that spirit will continue. We can all be rightly proud of the Bill. Let me take this opportunity to thank all the non-governmental organisations, the museums, the antiques sector and the enforcement bodies for their contributions and written evidence taken and received in Committee evidence sessions.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

The Minister mentioned museums. On Second Reading, I raised the question of Northumbrian pipes made since 1975 using CITES-approved ivory. I understand that in Committee, despite these pipes’ unique and beautiful nature, it proved impossible to give a specific exemption for pipes made since 1975, but will the Minister meet me to discuss how we might find a way to use the local community or to set up some sort of fund, so that these pipes, which are owned by families, will not be lost to the musical traditions of Northumberland and will find a repository that can be passed on to future generations?

[David Rutley]

That issue was also raised by the hon. Member for Blaydon (Liz Twist). My hon. Friend is a formidable local champion and I will of course meet her to discuss how the Government can look into ways to continue to keep that rich part of her community’s heritage very much alive.

[Mr Dominic Grieve (Beaconsfield) (Con)]

I am very grateful to my hon. Friend for giving way. I have not involved myself in the passage of this Bill, but I was intrigued by what consideration had been given to probate valuation. If someone is the owner of a Giambologna cup made of ivory, which is potentially worth millions, and which could have an exemption certificate granted to it, but they never apply for one and they die and they hand it over to a future generation, I assume that its value will be zero for that purpose.

[David Rutley]

Guidance will be given to help people understand the implications of this measure. We are making sure that the new regulator does their job formally to help the antique trade understand all the implications, and there will also be a public engagement exercise. My right hon. and learned Friend makes an important point, but I am sure that it will be further scrutinised in the other place as this Bill makes progress.

Let me return now to some remarks that I had previously wanted to get through, which is that we have had good debates on clause 35 both in Committee and on Report. The widening of the power to extend the definition of ivory to include that from non-CITES species will be important, for example, if the prohibition in elephant ivory increases pressure on other ivory-bearing species and continues to fuel demand, or if the continued trade in other forms of ivory provides cover for the illegal trade of elephant ivory. This could well include ivory from the unfairly maligned warthog and the extinct mammoths. This will come as some relief to my hon. Friend the Member for North Dorset (Simon Hoare), who is no longer in his place, and to my hon. Friend the Member for Mid Derbyshire (Mrs Latham). The widening of the power will also include other endangered species that Members have mentioned with such concern, including hippos, narwhals, walruses, killer whales and sperm whales. As I said on Report, the Government are committed to action.

We have today announced that we intend to consult on extending the ban to include other ivory species, and we will seek to start the consultation process and to gather evidence on, or as soon as practicable after, Royal Assent. This process will ensure that if we do extend the scope of the ban, it will be robust, defensible, enforceable, and compliant with the European convention on human rights.

[Stephen Kerr (Stirling) (Con)]

Will my hon. Friend explain to the House how long he expects the consultation to last and what the sequence of events would be that we might arrive at some new legislation to protect these endangered species?

[David Rutley]

We will seek to do this as speedily as possible. A consultation normally lasts about 12 weeks, but, clearly, that work needs to be further reviewed, and then we can move things forward. I think that my hon. Friend can use his own process of deduction to work out that we can move this further and quicker than would have been set out by the Opposition’s amendments.

Let me conclude by thanking once again and paying tribute to the Secretary of State for his determination to introduce this Bill. I have also mentioned the important work that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey) has done in taking this Bill forward, ahead of its introduction in this House. It is also important to recognise the contributions from my hon. Friend the Member for Richmond Park (Zac Goldsmith) and from my right hon. Friend the Member for North Shropshire (Mr Paterson) who set out his long-held ambitions to take this work forward. I also wish to pay particular tribute to those members of the Bill Committee who sat through various evidence sessions and made very important contributions during the Committee stage, including the hon. Member for Workington (Sue Hayman). She made some characteristically thoughtful and considered contributions, even though we did not quite agree on some of the procedural matters. We are grateful for that constructive approach not just from Members of this House, but from representatives from conservation non-governmental organisations, from the musicians sector, from the arts and antiques sector, from the enforcement agencies and from others. I also wish to extend my thanks to our wonderful and hardworking Bill team, our private offices, our Parliamentary Private Secretaries, and the Whips who, like warthogs, can get overlooked at times. I also wish to thank the Clerks and other parliamentary staff for their sterling work and support on this issue.

It has been a real honour to take the Bill from Second Reading through to today, particularly knowing that there has been such strong support from all parties across the House. I wish the Bill safe and speedy passage through its remaining stages in the other place.