Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2024

Earl of Effingham Excerpts

Tuesday 5th November 2024 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for introducing this SI. It is right that the common hippopotamus, the killer whale, the narwhal and the sperm whale are to be included in the category of protection for their ivory. I have to say that it has taken a long time to reach this point. In 2018, when we were discussing the Ivory Bill, the Minister’s predecessor on the Labour Benches, the noble Baroness, Lady Jones of Whitchurch, who I am delighted to see in her place, was tireless in trying to persuade the Government to include narwhals and other species in the categories to be classed as having ivory, but to no avail. The then Conservative Government were content to leave it at elephant ivory. The passage of the Bill was not easy, with the antique ivory lobby pressing hard for exclusions to the Bill. I began to wonder whether we would ever get the ban on elephant ivory through, but in the end we succeeded.

I realise that the noble Lord, Lord Carrington, will not share my view. He referred to the destruction of items made of ivory that are of no antique value but are sent to landfill. He also referred to scrimshaw items made by sailors. I have some sympathy with his view on these items and I look forward to the Minister’s answer to his question about changing the policy on destroying ivory.

The noble Baroness, Lady Rawlings, referred to historical antique ivory collections that may have been donated to museums and form part of history. This is a very valid argument. I note that a public consultation that took place between 17 July and 11 September 2021 overwhelmingly supported the measures we have before us.

Paragraph 7.1 of the EM states:

“Walrus ivory is not included in the extension of the Act under this instrument because it will remain prohibited subject to certain narrow exemptions under Council Regulation (EC) No 1007/2009”,


which relates to the Windsor Framework. The Minister referred to this exemption, but I am slightly confused by it and would be grateful if she could explain exactly what it means in terms of protection for the walrus species.

I am reassured that items containing ivory or made of ivory will be protected. I am also pleased that the burden of proof will lie with any accused to prove that the item is not ivory from an elephant or from the other four species covered in the SI. Scientific tests are to be used to determine the exact origin of the article and the age of the antique artefacts.

I welcome that this debate has covered both sides of the argument and we have heard opposing views. Nevertheless, I fully support this SI.

[The Earl of Effingham (Con)]

My Lords, His Majesty’s Official Opposition are in favour of any measures to preserve the rich tapestry of species on this planet, particularly those threatened with extinction. However, we have some concerns, not with the objective of this SI and the Ivory Act more broadly, but with some of the consequences of its drafting.

The SI extends the definition of ivory to include whale teeth and narwhal tusks. Although we agree with the banning of selling of modern items manufactured from these sources, there is no modern market for whale teeth or narwhal tusks. Old pieces of art, such as inscribed sailor’s knives or mounted narwhal tusks, will fall foul of these regulations and will have to be landfilled.

As we have heard already from my noble friends Lady Rawlings and Lord Carrington, there is virtually no import or export trade in whale teeth or narwhal tusks. In 2022, there were no commercial imports of sperm whale teeth, and just two teeth were exported. Narwhals are not on the International Union for Conservation of Nature’s endangered list.

While it could be argued that this legislation is an important aspect of our soft power, it is debatable whether this soft power has worked. It has not had much influence on the EU, which bans the import and export of ivory but allows it to be traded within the EU. Will the Minister please clarify to the Committee what outcomes she foresees from this decision? Will she outline why these measures have been implemented and say whether she can see that they may have unforeseen and unintended consequences?

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank all noble Lords for their contributions to the debate and for raising important points. As described earlier, extending the Act to these four species demonstrates UK leadership in support of international conservation efforts, setting an example at home to encourage similar actions globally. It makes the existing ban more effective and adds protections to four species that will complement those already in place internationally under the Convention on International Trade in Endangered Species.

I was involved with this the first time around, back in 2018, and, as the noble Baroness, Lady Bakewell of Hardington Mandeville, said, it seems to have taken an awful long time to get here. I wonder whether, like me, she had a stuffed narwhal on her desk—which my grandchildren have now chosen to play with. From our perspective, it is good to see these regulations in front of us.

This measure is part of a comprehensive package of UK leadership to tackle the illegal wildlife trade and reduce poverty, including through our Illegal Wildlife Trade Challenge Fund, which has allocated £57 million to 173 projects across 60 countries. These projects are reducing demand for illegal wildlife products, strengthening law enforcement, establishing effective legal frameworks and promoting sustainable livelihoods.

I turn to answer some of the questions, and hope that we do not have another vote in the middle this time. I will look first at the consultation and stakeholder engagement that took place ahead of this. There was a call for evidence in 2019 and a public consultation from 17 July to 11 September 2021 on extending the Act to other species. The consultation received 997 responses and a clear majority supported an extension to these species. The previous Government published their response to the consultation in May last year.

There is a conservation risk to each species as exhaustible natural resources, which includes the trade in their ivory, both legal and illegal, and how this relates to their conservation status and other threats that they face. There was a clear demonstration in the proportion of respondents who supported this option and the comments submitted that commercial exploitation of species that are endangered or accepted as being in need of protection from the threat posed by trade in their parts violates public morality. So that was the consultation and its outcomes.

The noble Lord, Lord Carrington, asked specific questions around the effectiveness of the Act. One was how many elephants had been saved to date. This is a cross-cutting policy, so it is not possible to say what impact the Ivory Act alone has had. For example, the Illegal Wildlife Trade Challenge Fund is a grant scheme that funds actions to tackle illegal wildlife and poverty reduction in developing countries. These projects contribute to reducing the demand for illegal wildlife products, strengthening enforcement and establishing effective legal frameworks, and promoting sustainable livelihoods through innovative approaches, partnerships and evidence-based interventions that protect endangered species, including elephants. So I cannot be specific, but it does play a role.

The noble Baroness, Lady Bakewell, asked for more information about why we are not extending it to walrus. As I said, walrus were included in the original consultation but are not now, because they continue to be protected under existing regulations on the trade in seal products. Under these regulations, seal products, including walrus ivory, can be imported and placed on the UK market for sale only in very limited circumstances and subject to strict conditions. You can bring seal products to Great Britain and sell them only if they qualify under the Inuit and other indigenous communities exemption and have a seal catch certificate. This is an attestation document that proves that the item is exempt and that the seal products are certified as coming from a traditional hunt carried out by the Inuit or other indigenous communities. The hunt must be carried out for and contribute to the subsistence of the community, and must consider the welfare of the animal. I hope that goes some way towards answering the question from the noble Baroness, Lady Rawlings, around the fact that we work with indigenous communities on these pieces of legislation.

Further questions from the noble Lord, Lord Carrington, were to do with trade and why we decided to add these species. The main problem is that international trade in these species needs to be regulated to ensure that it does not threaten the species’ survival. The UK is also a net exporter of ivory from these species, and we are concerned that it fuels global demand and the market for these ivories.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

My Lords, I was just going through the exemptions to the Ivory Act and had just finished talking about portrait miniatures. Also exempt are items a qualifying museum intends to buy or hire and items made before 1918 that are of outstandingly high artistic, cultural or historical value. I mention that because it has come up quite a lot during the debate, and for clarification because it is some years since the Act came into play.

The noble Lord, Lord Trees, asked a specific question about people going on holiday, small items and so on. This fits with the question from the noble Baroness, Lady Rawlings, about indigenous peoples. To be clear, the Act bans imports for the purposes of dealing. Individuals who are visiting communities outside the UK can purchase items from them directly and bring them into the UK as personal possessions as long as they meet the requirements under CITES. That provides clarification on that point.

With that, I hope I have answered most questions; I will check and come back to noble Lords if I have not.

[The Earl of Effingham (Con)]

I think the Minister said that narwhals are an endangered species, but we believe that they are not endangered; there are around 80,000 mature adults in their population. If the Minister could come back to us at some point, it would be much appreciated.

[Baroness Hayman of Ullock (Lab)]

I clarify that all four species being added to the Act are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. I hope that helps to answer the noble Earl’s question.