Hunting Trophies (Import Prohibition) Bill

Earl of Caithness Excerpts

Committee stage
Tuesday 12th September 2023 Lords Chamber

Moved by

[The Earl of Caithness]

1: Clause 1, page 1, line 1, at end insert—
“(A1) This section has effect in a calendar year only if, before the end of the previous calendar year, the Secretary of State has made a statement in writing to the effect that, in the Secretary of State’s view, its operation will not cause unintended and perverse consequences for wildlife conservation and for communities in areas outside Great Britain where hunting takes place.”

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[The Earl of Caithness (Con)]

My Lords, this Bill has very little effect in or on the UK, but it potentially has huge effect in every country of the world where trophy hunting takes place. As was made very clear at Second Reading, many of the reasons for this Bill are emotionally, rather than scientifically, based. The position of the proponents of the Bill is entrenched.

The Joint Nature Conservation Committee, better known as the JNCC, is a public body set up by Parliament that advises the Government and devolved Administrations on UK-wide and international nature conservation. It is very relevant to this Bill. On its website it states:

“As the UK’s statutory advisor on international conservation matters, we have a long history of experience in this area. We play a leading role in providing high-quality evidence and technical advice on the development and implementation of international nature conservation agreements, such as the Convention on Biological Diversity … the Convention on the Conservation of European Wildlife and Natural Habitats … and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)”.


Thus, the JNCC performs a similar role for the Government in respect of animals as does Kew in respect of plants. Crucially, it provides scientific advice to the UK CITES management authority, Defra, as to whether imports are likely to be detrimental to species survival or not. Its views are of the utmost importance and its advice should be followed, unless there is good reason not to. It has given independent advice to the Secretary of State, who has ignored it. Although she was warned it would happen, in doing so she has undermined its credibility and the standing of the UK in international conservation. If its own Secretary of State does not heed the advice of the JNCC, why should any other nature organisation in the world do so?

To me, the most striking pieces of independent advice and damning criticism that the JNCC has given the Secretary of State, and which she has ignored, are: Defra has no interest in the efficacy or the impact of legislation; the consultation on the Bill was expressly designed to create a political mandate for action; Defra and the UK will need to own the negative consequences of any ban, as well as taking the plaudits from those in favour; and an outright ban is likely to have unintended and perverse consequences for wildlife conservation and the viability of communities reliant on hunting revenue.

It is the last piece of advice by the JNCC that inspired this amendment. I am grateful to it, and to the freedom of information laws in this country which have allowed its advice to be made public. My amendment would require the Secretary of State to be advised each year about the unintended consequences of trophy hunting that the JNCC believes will occur, and to publish their judgment. If it is found that there are unintended consequences, Clause 1 would cease to have effect.

In moving Amendment 1, I confirm that I have no interest to declare. I do not own a hunting trophy and agree that some criticisms of trophy hunting, when it is not carried out to the highest standards, are justified. When it is badly managed, trophy hunting can be unsustainable. It can lead to local level overexploitation of some wildlife species and illegal killings. When it is badly managed, it can affect the social structure, behaviour and genetics of some species. It can affect other wildlife and tourism. Some benefits that should reach local communities do not, and it can engage in unethical practices which affect wildlife conservation. However, these criticisms do not apply to all trophy hunting and one should not throw the good out with the bad.

Let me mention some of the benefits of well-managed trophy hunting that justify my amendment. The most important is that as a result of trophy hunting, land is set aside for wildlife. The greatest pressure on wildlife is from human population growth, with its demand for food and the increasing expansion of agriculture and urban development in former wild areas. To avoid this pressure, the remaining wild areas must provide jobs, resources and other financial benefits.

In Tajikistan, trophy hunting conservation initiated by NGOs and the local community started in 2008, and now about 420,000 hectares of land is managed by local, traditional hunters from a community living an almost subsistence existence. Around 300 jobs have been created and 20,000 community members benefit indirectly. Sadly, all too often with human beings comes organised crime. That crime, poaching, has facilitated a dramatic decline of elephants and rhinoceros in parts of Africa and southern Asia, reversing decades of conservation achievements. Poaching is indiscriminate as to age, sex or species and in most cases leads to a painful and lingering death for the animal, whereas trophy hunting can be selective, with a clean and quick death. Poaching in the hunting areas of Tajikistan is now almost non-existent. The numbers of Asiatic ibex and markhor have increased and the decline in the population of snow leopards has been reversed. There is a much more stable food supply for the community.

In neighbouring Pakistan, in Gilgit-Baltistan, there are now more than 50 designated community conservation areas, covering more than 30% of the total land area—about 21,750 square kilometres. As a result of the community-based trophy hunting programme there, the population of Astore markhor, which is the national animal of the country, increased from 1,900 in 2012 to 2,800 in 2016. Similarly, in Balochistan, the population of Sulaiman markhor, which is an endemic sub-species that had a highly threatened status because of the Afghan war and the tribal area system—which had no solid implementation of wildlife laws—doubled between 2000 and 2011 to over 3,500. As a result, markhor were upgraded to near-threatened species by the IUCN in 2015. For anyone interested in conservation that is a remarkable success story, due to trophy hunting.

Trophy hunting helps to conserve over 1.3 million square kilometres of land in Africa, which is approximately the size of France, Germany and Spain combined. It is also a fifth more than the combined area of the national parks there. If these vast areas of land were not used for wildlife conservation, in all likelihood they would see alternative and less conservation-friendly land uses.

Another important benefit is that trophy hunting earns money for conservation. It provides economic benefits to government organisations, wildlife agencies, local communities and landowners. Trophy hunting is the major source of livelihood for the communities in the far-flung mountainous areas of Pakistan. Village-based conservancies have been formed there and the money obtained from trophy hunting has been distributed through them. Eighty per cent of the revenue generated through trophy hunting goes into local communities, most of it being spent on public welfare works, while 20% of the total revenue generated goes to government departments, which usually pay the local watchers and staff salaries from it. In the Gilgit-Baltistan region of Pakistan a total of $1.35 million has been generated between 2017 and 2020, while in Balochistan, since 1989, trophy hunting has brought in a total revenue of nearly $1.75 million, of which about $1.4 million has been given to the local communities, with almost $300,000 paid to the Government there. These are substantial sums of money, especially when one considers that the per capita income is less than $1,000.

In Mexico, bighorn sheep were reintroduced to the island of Tiburón in 1975. The island is owned and managed by the Seri Indians. When numbers grew above the carrying capacity for the island, the surplus stock was either licensed for trophy hunting or young animals were sold for translocation. Between 1998 and 2007 the Seri, who controlled the process, raised $3.2 million. The funds provided much-needed income locally and were reinvested in Seri community projects, the management of the bighorn sheep population, and the maintenance of the island in an undisturbed state.

In Canada, the polar bear hunts form part of a larger indigenous co-management system in which Inuit communities participate because they choose to. Legally, they can hunt what they want so the choice is very deliberate, because they believe in co-operation. The USA tried to help polar bears by reducing hunting through a trophy imports ban, but totally ignored the fact that local communities can legally harvest their quota of bears regardless. The result has been a considerable loss of income to the Inuit community in these small, remote areas, where there have been very limited ways of generating income.

For most hunters, bringing a trophy back is important. If one is prevented from doing that, either the hunt will not take place or, if it goes ahead, the hunter will not have to pay a trophy fee. In many places, the trophy fee makes up a significant part of the revenue and its loss would weaken the economic model of that area. Thus, the effect of the Bill will be to undermine, and perhaps stop, trophy hunting, with a consequential loss of revenue for conservation and local communities.

[Lord Bellingham (Con)]

My noble friend talks about loss of income. One of the points put forward by proponents of the Bill is that that loss could be made up through ODA and the aid budgets of different countries. Does he agree that it would not be a good use of overseas aid to make up for the money that is going to these communities as a result of trophy hunting?

[The Earl of Caithness (Con)]

My Lords, I totally agree with my noble friend on that point. One also needs to bear in mind that the local communities do not want aid. They want actually to be able to look after themselves, generate their own income and manage their populations without being given handouts by countries. They need help but do not need the type of money my noble friend has just referred to.

Another benefit from trophy hunting is that other wildlife that is not targeted for hunting is also protected, as are the local flora and fauna. I mentioned the trophy hunting of the markhor and ibex, and I add the argali sheep. Research has shown that, because those animals are now licensed to be shot, not only have their numbers increased but the wildlife population has also grown overall. This means a greater supply of food for the snow leopards and, consequently, more are found in hunting reserves in Tajikistan than outside them. Having a greater supply of food means there is less conflict with humans and their livestock. In hunting areas in Pakistan, the number of retaliatory killings of carnivores such as snow leopards, wolves, bears and foxes has been reduced, and tolerance has increased because of the economic benefits of trophy hunting.

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[Lord Swire (Con)]

I am extremely grateful to my noble friend for giving way. I entirely agree with him that this must be evidence-based legislation, and a lot of a misleading and mischievous false information has circulated around this subject for some time. Does he share my surprise that the Minister for Environment and Tourism in Botswana felt obliged to issue today a press release, which I think was circulated to all noble Lords, refuting the allegations made by the acting CEO of the Campaign to Ban Trophy Hunting, Dr Adam Cruise, concerning trophy hunting in Botswana? Is that not precisely the sort of misleading information—rather arrogant and high-handed to a country such as Botswana—that we should avoid?

[The Earl of Caithness (Con)]

My noble friend is absolutely right, and I am sure that the source of that misinformation will not be a surprise to him or anyone else. It is a regular source of misinformation, and it was quite correctly shot down in flames by the Botswanan Government.

My noble friend raised an important point, on which I will end. We should use the Bill to improve conservation by getting rid of bad trophy hunting practices, while at the same time keeping the good and improving standards and welfare for all. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I commend the noble Baroness, Lady Fookes, for bringing the Bill to the House and championing it. For the Green group, I express my strongest possible support for the Bill as it stands—and opposition to all the amendments.

I have been in your Lordships’ House for nearly four years, and I have to admit that I was rather surprised when I looked at the misnamed “grouping of amendments”. I have never seen this before: it is a list of 62 amendments in 62 groups. It is surprising that people who might perhaps regard themselves as champions of the traditions of the House have produced something that has not been seen in recent history—and I checked with someone who has been around the House for much longer. It could keep this House going for several days. Those who would champion the traditions and progress of the House appear to be heading in the opposite direction with this.

It is interesting to look at the gender balance of the names on the amendments: every single one is male. There is something to be said there. Only the other day, I had a conversation with a noble Lord about how it has often been put forward that, if we could hand over some countries in the global south to the women, and let the women run things, they would look different. That might be an interesting case study tonight.

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In summary, the Government are confident in the approach and drafting of the Bill before us. For that reason, I will not be supporting Amendment 1, nor any of the amendments tabled. I hope I can persuade the noble Earl, Lord Caithness, to withdraw this amendment.

[The Earl of Caithness (Con)]

My Lords, I would like to thank all noble Lords who have taken part in this debate, and I thank the many noble Lords for their support for my amendment.

I was particularly interested in the speeches of the noble Lord, Lord Weir of Ballyholme, and the noble Baroness, Lady Bakewell of Hardington Mandeville, because I do not think that either of them actually listened to what I said. They came with pre-prepared speeches—the usual claptrap they produce when it comes to trophy hunting. I mentioned all the disadvantages of trophy hunting and said that I was trying to improve the conservation of animals. If the noble Lord does not like my examples, well, I am sorry, but at least he has not challenged the efficacy of them. I think that would have been a more helpful and constructive approach than just spieling out the usual generalisations, which we have become use to accepting from the proponents of the Bill.

My noble friend Lady Fookes gave one of the most remarkable replies from a sponsor of a Bill that I have ever heard in over 50 years in this House. She did not comment at all on any of the information that I gave, which contradicted a lot of what she said at Second Reading in generalisations. I gave specific examples which she has not contradicted—so I presume that she accepts them but does not like them.

[Baroness Fookes (Con)]

May I intervene? I did not deal with any of those issues because I regarded them as a Second Reading speech. I am not going to answer that kind of thing. I hope the noble Earl will not take it that I agree with everything he said, because I do not. I was trying to keep to what I believe is the purpose of a Committee stage.

[The Earl of Caithness (Con)]

I think we all fully accept that my noble friend will not meet anybody to discuss this Bill and will not discuss it. That is very clear.

I respect the position of the noble Baroness, Lady Hayman of Ullock, who said that it is cruel to kill any animal. I do not agree with her, but I respect her position. I wonder whether she might just consider the very fine deer herds in this country, such as in Richmond Park. They are only fine deer herds because of culling and because beasts are shot and taken out in order to continue and improve the herd. If we did not have that, we would not have the very fine deer herds we are privileged to have in this country.

My noble friend Lord Benyon said he was disappointed that no compromise had yet been found. There is a compromise. The Government have ignored the compromise and the advice of the JNCC, which is the specialist advisory body. There is no need for an advisory board. If the Government would look again at my noble friend Lord Mancroft’s amendment as a suitable vehicle to get the benefits for conservation and for local people that can be achieved, there would be a sensible way forward. Given the support I have had, I would like to test the opinion of the Committee.

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Moved by

[The Earl of Caithness]

2: Clause 1, page 1, line 2, at beginning insert “Subject to section 4,”

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[The Earl of Caithness (Con)]

My Lords, this is a very simple amendment. It makes Clause 1 subject to Clause 4, which relates to the advisory committee, which we will come on to discuss in some detail. I think it is a very flawed clause of the Bill, which needs amendment. The point of this amendment is simply to make certain that the advice will be understood and taken on board by the Government when it comes to the implementation of Clause 1 of the Bill.

It is very depressing that the Government have turned their back on and totally ignored the information from their advisory body, the JNCC. It has set a bad precedent. It has undermined the JNCC and has reduced the efficacy of the Government’s work on conservation abroad. It is a very damaging decision that the Secretary of State has taken, against normal precedent. I hope therefore that, by my simple amendment, at least the consideration of the advisory board will be taken a little more seriously by the Government than they are taking advice at the moment. I beg to move.

[Lord Benyon (Con)]

My Lords, I have already set out the Government’s position on this matter in my response to an earlier group. I have no further comments to make, and I will not be supporting this amendment. I hope that the noble Earl will withdraw it.

[The Earl of Caithness (Con)]

My Lords, I am grateful for all the support around the Committee I have received on that one. In view of the brief but factual reply from my noble friend the Minister, I am happy to withdraw this amendment.

Amendment 2 withdrawn.

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[Lord Bellingham (Con)]

I will just add on that last point: surely we should stick to the manifesto commitment, which is on endangered species. That is what we said in the manifesto. Maybe the Minister could stand up again and answer that point. Widening it in this way in Clause 2 to the 6,200 species goes far wider than what we committed to in 2019.

[The Earl of Caithness (Con)]

My Lords, to follow that up, it seems strange that my noble friend the Minister lamented that there was not a compromise on the Bill—that was when he started his reply to me on my first amendment. The Bill as presented before us is much wider than the manifesto commitment. Surely this would be an area in which a sensible compromise, achieving the aims of those of us who wish to improve the conservation of animals throughout the world and what the Government seek to do, is a possibility. If my noble friend was serious in saying that he laments the lack of a compromise, he ought to tell us where he thinks a compromise might be.

[Lord Benyon (Con)]

My Lords, one of the reasons I enjoy being in this House is that we have to achieve compromises in so many things. I try to work across the House to try to get half a loaf rather than no loaf at all. Here we are trying to achieve something that is workable. Annexes A and B of our wildlife trade regulations implement appendices 1 and 2 of CITES in Great Britain. They cover species at risk from international trade, listing nearly 6,000 species, as has been mentioned. These include elephants, giraffes, rhinos, big cats, bears, primates and hippos. By covering all animal species in annexes A and B of the wildlife trade regulations, we are removing any possibility of permitting the import of a hunting trophy from these species into Great Britain. Estimates of the number of species that are trophy hunted vary, but they are in the hundreds rather than the thousands. The Bill would apply to hunting trophies from all annexe A and B species. That is clear and comprehensive, avoiding confusion about what is or is not covered. Current rules on importing hunting trophies similarly apply to all annexe A and B species.

[The Earl of Caithness (Con)]

I wonder whether my noble friend would give consideration to answering the question I put to him.

[Lord Benyon (Con)]

We are seeking to implement the manifesto commitment.

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[Lord Swire (Con)]

My Lords, I too will be very interested in my noble friend the Minister’s reply to this amendment. It gets to the kernel of the argument, and actually teases out whether or not this whole Bill is about conservation or something completely different.

This amendment is suggesting that it would apply to

“a species classed as threatened on the International Union for Conservation of Nature’s Red List and”—

critically, where that list records trophy hunting as a threat to that species. It does beg the question: if it does not record trophy hunting as a threat to that species, and if the animal is not on the International Union for Conservation of Nature’s red list, why are we gold-plating legislation which would be perfectly palatable to most of us, and at whose behest?

[The Earl of Caithness (Con)]

My Lords, having listened to the debate so far, I think that this amendment is slightly closer to Amendments 14 and 33, which are in my name, so it might be for the benefit of the House if I say my remarks now rather than repeating them at a later stage—if such a thing happens.

The Government have not told us why the present licensing system does not work. I think it is important for us to recall and think about how the present licensing system works. If anybody wants to import a trophy into the UK from a species that is listed in CITES appendix 1 or 2, there is a requirement for an export certificate from the country and an import certificate from the UK. The issuance of these certificates is based on a science-based assessment that there will be no harm to the species—that is worth stressing. In CITES terms, this is called a non-detriment finding, or NDF.

In the UK, implementation of CITES happens domestically via the principal wildlife trade regulations referred to in the Bill. The two annexes of the wildlife trade regulations that are referred to, annexes A and B, are broadly aligned with the CITES appendices. In the UK, the JNCC, as I have said before, is the relevant public body for overseeing imports of animal species, including hunting trophies. For any species listed on annexe A, JNCC is required to determine, first, that the import will not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species—this is the NDF—and, secondly, that the import is taking place for one of the purposes referred to in CITES Article 8(3): that is, for research, for education, for breeding aimed at the conservation of the species, or for other purposes that are not detrimental to the survival of the species concerned.

The JNCC has interpreted other purposes that are not detrimental as including hunting trophies—as long as trophy hunting is part of a careful species management plan that should, as appropriate, be based on sound biological data collected from the target populations; clearly demonstrate that harvest levels are sustainable; be monitored by professional biologists; be promptly modified if necessary to maintain the conservation aims; demonstrate that illegal activities are under control; produce significant and tangible conservation benefits for the species; and provide benefits to, and be in co-operation with, the local people who share the area with, or suffer by, the species concerned.

For species on annexe B, the measures are less strict since, by definition, the species on this annexe are less threatened by trade, and no certificate is required other than for six exceptions: the African lion, African elephant, argali sheep, hippopotamus, polar bear and white rhinoceros. For these species, the UK has the equivalent stricter measures that it applies to annexe A species, meaning that import permits are required—including an NDF. Thus, if a hunting trophy has been issued with an import certificate by JNCC, we can be confident that this is because due process has been followed: a non-detriment finding assessment has been conducted and the assessment has indicated there is no risk to species survival.

This Bill is about conservation and preventing the further endangerment of threatened species. The system in place under CITES already performs this function through a process that has been agreed multilaterally by over 180 countries. The Bill does not need to concern itself with those species that are not under annexes A or B. I have an amendment coming up to delete annexe B. However, the amendment before us is a better one and I would be very happy to support it should it be taken to a Division. However, if it is not, I give notice to my noble friend the Minister that I will wish to divide on my amendment in due course.

[Lord Benyon (Con)]

My Lords, as I said earlier, I spoke at some length on the first amendment and covered many of these points. However, to address this precise amendment, it would narrow the scope of the ban to species considered threatened on the IUCN red list. Where this assessment identifies trophy hunting as a threat, it would remove the power for the UK Government to determine species in scope, which the Bill currently does through annexes A and B of the wildlife trade regulations. This amendment contradicts Clause 2, which clearly sets out the species in scope of the import ban and would remove the power for the UK Government to determine species in scope. With that in consideration, I respectfully ask my noble friend to withdraw his amendment.