Ivory Bill

David Rutley Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 4th June 2018 Commons Chamber

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

I wish to thank Members from all parties for their contributions to this really important debate. I am encouraged by the strong consensus in the Chamber that the Bill is essential in the fight against the poaching of elephants for their ivory. I am grateful to Members on both sides of the House for that clear cross-party support. There were some excellent speeches from the hon. Members for Workington (Sue Hayman), for Halifax (Holly Lynch) and for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who showed such important cross-party consensus on the fact that action must be taken.

Restrictions on commercial activities in ivory and other products from endangered species were first introduced when the United Kingdom became party to the convention on international trade in endangered species of wild fauna and flora, CITES, in 1975. The EU wildlife trade regulations introduced in 1997 implement CITES in a stricter manner than is required by the convention. The Bill now builds on those existing regulations to underline the fact the United Kingdom does not accept that ivory should be seen ever as a desirable commodity or, even worse, as a status symbol.

The Government have introduced this Bill quickly—only six weeks after we published our consultation response. We recognise the need to act quickly, which has been highlighted by many Members throughout the House—I am very grateful for that. I am hopeful that Members from across the House will work together to ensure the swift passage of the Bill through Parliament in the weeks ahead.

Before I respond to individual points raised by Members, I should like to pay tribute to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). Indeed, this Bill bears the hallmarks of her committed campaigning and energy, which make her such a popular figure in the House. Mr Deputy Speaker, I am sure that you and Members from across the House will join me in wishing her a speedy recovery. I will do everything that I can, to the best of my endeavours, to provide cover for her from the substitutes’ bench until she returns safe and well to join us in this place.

We should also recognise, as many Members have, the incredible efforts of the 70,000 individuals and organisations that took the time to respond to the consultation that was launched last October. It is particularly encouraging that some 88% of respondents supported the ban on the sale of ivory. I thank the environmental bodies represented in those responses, and those from the antiques trade, the music sector and others, for their constructive engagement and support. I have been particularly heartened to see the endorsement of our approach from conservation organisations such as the WWF, the Tusk Trust, the Zoological Society of London, the Born Free Foundation and Stop Ivory, among others. It is most welcome and sincerely appreciated.

That engagement and the level of support for our proposals has convinced us that it is right that the Bill sets out a strong ban to protect elephants in the wild from poaching, with only a very limited number of exemptions for ivory items that would not contribute either directly or indirectly to poaching. We believe that approach is both proportionate and, of course, robust, as it should be.

When I saw elephants in the wild during a very memorable visit to Tanzania in 1988, the African elephant population was estimated to be 600,000.

[Sir David Amess]

I have been listening very carefully to what my hon. Friend is saying. When it comes to the Committee stage of the Bill, will he look very carefully at what colleagues on both sides of the House have said and extend the ban to include, for instance, rhino horns?

[David Rutley]

We have already taken very strong action to combat the illegal trade in rhino horn. Other Members have also talked about the need to extend that to other ivory-bearing species—I will come on to that later if I can. Under clause 35, the Secretary of State does have powers to extend that ban if there is sufficient displacement. That is a delegated power and we will obviously take it very seriously. We can debate that more in Committee.

As I was saying, figures for the elephant population have moved from 600,000 when I visited Tanzania to just 415,000. That is a depressing decline of more than 30%. As many Members have said, we need to ensure that future generations will be able to see these splendid and iconic creatures in their natural habitats and not in captivity. We want future generations to be able to benefit from that.

We are taking positive steps that will lead the way in the global fight against elephants heading towards extinction. The Bill achieves that by banning commercial activities in ivory, which we define as buying, selling or hiring ivory; offering to buy, sell or hire ivory; and keeping ivory for sale. In so doing, we will put a responsibility on both the buyer and the seller, and capture the actions taken by the middlemen who facilitate or support the trade—for example, those advertising ivory illegally. Many hon. Members have mentioned their concerns about online trade, which the Bill seeks to tackle absolutely. However, it should be noted that the ban will not prohibit owning, inheriting, donating or bequeathing ivory that is currently permitted. That will extend to Northumbrian pipes, which my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) will be pleased to hear.

The Bill sets out five limited and targeted exemptions to the ban, including a de minimis exemption for items with low ivory content; musical instruments; portrait miniatures; sales to and between accredited museums; and items assessed as being the rarest and most important examples of their type. Those strictly defined exemptions were informed by the consultation and by fully examining global best practice. They have been carefully designed to cover items that, when sold, do not directly or indirectly fuel the poaching of elephants. A certification process is applied to the exemption for the rarest and most important items, while a self-registration process applies to the other four categories.

Finally, the Bill provides for the offences, sanctions and powers necessary for the enforcement of the ban. A mixed regime of criminal and civil sanctions has been applied, recognising that offences are likely to range in severity. Enforcement agencies are empowered by the Bill to ensure that those acting in breach of the ban will face the appropriate punishment. We remain committed to setting a high bar internationally on sanctions for illegal wildlife trade activities. As such, the maximum criminal sanction of five years’ imprisonment or an unlimited fine will be applied. That is in line with existing sanctions under the Control of Trade in Endangered Species (Enforcement) Regulations 1997. Those penalties rightly reflect the serious nature of the ban. The powers to enforce the ban will be conferred upon the regulatory body, the police and customs officials. Those powers are derived from the Police and Criminal Evidence Act 1984.

Let me move on to some of the issues that hon. Members have raised in this consensual and important debate. It is great to have the support that we have seen from across the House, including from my hon. Friend the Member for Mid Derbyshire (Mrs Latham) and the Chair of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish). We heard from Northern Ireland with the contribution of the hon. Member for Strangford (Jim Shannon), and from my hon. Friends the Members for Southend West (Sir David Amess), for Newbury (Richard Benyon) and for Walsall North (Eddie Hughes), with characteristic flair and commitment.

My right hon. Friend the Member for North Shropshire (Mr Paterson) raised a number of important points. I praise his commitment to this vital work and the contribution he made when he was Secretary of State. He raised concerns about the rarest and most important items. I reassure him that clause 3 is very much a framework, not a comprehensive list; further information will be given in guidance. He and the hon. Member for East Kilbride, Strathaven and Lesmahagow also suggested an annual register of the rarest and most important exempted items. We will happily look at how that data can be published, including by using the new IT system that will be developed to facilitate this task.

Members were concerned about online sales. The Bill captures and fully addresses that issue. As I said before, it will be an offence to facilitate a sale. Some Members mentioned how important it is to look at other ivory-bearing species. They included my hon. Friend the Member for Richmond Park (Zac Goldsmith), who has made huge contributions on this subject, and my hon. Friends the Members for North East Hampshire (Mr Jayawardena), for North Dorset (Simon Hoare) and for Bexhill and Battle (Huw Merriman)—my hon. Friend came up at the rear of the debate, but made an important contribution. Clause 35 will provide that opportunity. I would also like to reassure some colleagues, who have wondered whether the Bill covers Asian elephants, that it categorically covers both African and Asian elephants.

The hon. Member for Bassetlaw (John Mann) raised what he called the Elgin question. I can tell my hon. Friend—he knows why I call him that—that it should be called the Bassetlaw question, without a doubt. I will make sure that I get back to him in writing to address the question of whether ivory should be returned to a museum in a country of origin.

The hon. Member for Workington asked about funding for enforcement. The Office of Product Safety and Standards has now been confirmed as the regulator. It will have a vital role in working with the police and customs officials to tackle this very significant crime. We can talk more about that role in Committee, as I hope she agrees. The work carried out by the National Wildlife Crime Unit is also absolutely critical. She asked about funding for that work. I assure her that we are looking at that vital issue ahead of the IWT conference, and I am sure that the Secretary of State will be working on it with the Home Secretary.

[Mr Jayawardena]

I should declare an interest in relation to a visit I made to Sri Lanka. In Sri Lanka, much conservation work is done with Asian elephants. Currently, however, Sri Lanka is not eligible for aid funding. In line with what my hon. Friends the Members for Cheltenham (Alex Chalk) and for Richmond Park (Zac Goldsmith), among others, have said, will the Minister agree to look at how more aid funding could be allocated to supporting conservation efforts?

[David Rutley]

That is an important point. I am sure that the Secretary of State has been looking at it over recent months, and I will be happy to raise it as well and to meet my hon. Friend to discuss it more fully.

[Mr Paterson]

The Minister touched on the conference in October. As there is tremendous, overwhelming and, I think, unanimous support for the Bill, how quickly does he think he and his colleagues can get it through the Commons, through the other place, and on to the statute book?

[David Rutley]

That is a vital question. I have looked at my boss, the Secretary of State, and his look said it all: it will be at pace. I am sure that there will be the same commitment when we work with Members from across the House. This activity needs to be stopped, and it needs to be stopped very speedily. We will be playing our part in Parliament to make sure that that happens.

The hon. Member for Workington asked what actions are being taken to lobby other countries. Clearly, the IWT conference will be a chance to take that work forward. The Secretary of State and the Foreign Secretary are working very hard to make sure that this work is taken forward with other states around the world.

My hon. Friend the Member for Southend West confirmed his passion for protecting elephants, but it is also important to note that he confirmed that he is a national treasure himself—one that should definitely be preserved.

It has been a real honour to have been able to participate in this debate and to help to take forward this vital legislation on behalf of the Government, but also on behalf of my hon. Friend the Member for Suffolk Coastal. We do wish her a very speedy return to this House.

We want these proposals to be passed through the House speedily, but also to be implemented speedily to tackle the heinous crime of poaching. I am grateful to Members on both sides of the House for the support that they have shown for this Bill. I urge them to continue to demonstrate their support as the Bill makes progress through Parliament—hopefully very speedy progress, because that is what it definitely deserves. I know that through the media others will be watching what we are doing in this House. With the illegal wildlife trade conference in October, global leaders will be arriving in London. They will be able to look at what we are doing, and we will be able to demonstrate to others that we mean what we say on ending the trade in ivory. We hope that other nations will follow our lead by helping to close down their own domestic markets, and that this Bill will inspire them to do so. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Ivory Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Ivory Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 21 June 2018.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Rebecca Harris.)

Question agreed to.

Ivory Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Ivory Bill, it is expedient to authorise the payment out of money provided by Parliament of any expenditure incurred by the Secretary of State under or by virtue of the Act.—(Rebecca Harris.)

Question agreed to.