Ivory Bill (Third sitting)

Kerry McCarthy Excerpts

Committee Debate: 3rd sitting: House of Commons
Thursday 14th June 2018 Public Bill Committees

[David Rutley]

I thank the hon. Members on both sides of the Committee who have contributed to this debate. I acknowledge the intention behind the amendment to provide further definition to clause 6 on exemption of pre-1918 portrait miniatures. When the Government consulted on the ban on ivory, the evidence obtained indicated that there is no universally accepted definition of portrait miniatures on the basis of size. Furthermore, the definition of “miniature” is, strangely enough, a reflection not of the item’s size but of the technique used to create it. As a result, these items can range in size.

Our assessment is that, within the currently proposed definition, the sale of portrait miniatures is not likely directly or indirectly to fuel the continued poaching of elephants. As evidence to our consultation from the antiques sector, the public and some conservation bodies indicated, an exemption for portrait miniatures under the current definition would be proportionate and justified. The items will need to be registered under clause 10 and go through the application for exemption process described in clause 3, which states that an item must clearly satisfy the conditions for exemption or be referred to a prescribed institution for inspection. The process is sufficient for ensuring that items meet the exemption for pre-1918 portrait miniatures.

Although no clear proposal for a size qualification of portrait miniatures was put forward during the consultation, it is something that we have always been keen to consider. I thank the shadow Minister for her proposal.

[Kerry McCarthy (Bristol East) (Lab)]

When we took evidence on this point on Tuesday, the expert, Emma Rutherford, was asked whether the frame should be included and what should actually be measured. She said that she thought it would be done by size of the ivory, because frame sizes differ. If we are to go down the path of judging something by size, is it the Minister’s view that frame should not be included and that only its contents would be measured?

[David Rutley]

Perhaps finishing the point I am trying to make will clarify the matter for the hon. Lady, and I will then go on to the point about the frames. I am grateful for the amendment, and I also note the helpful detail from Philip Mould & Company given during the evidence session. We will continue to consider this issue fully.

--- Later in debate ---

[Kerry McCarthy]

Looking back again at Emma Rutherford’s evidence, she said that 90% to 95% of miniatures would be within the range of 6 by 8 inches. Clearly that means that 5% or 10% are outside that. We did not press her—perhaps we should have—on the importance of that. She seemed quite relaxed about the fact that most would be covered by that rule if we were to introduce it, but I think if we are to consider introducing a size provision, we need to know whether some important miniatures would be excluded, and perhaps tweak it or at least bear that in mind.

[David Rutley]

I think that relates closely to what my hon. Friend the Member for Cheltenham said. We need to get the best available advice on how to define that. Important points were made about frames, and so forth, which need to be considered. We want to get the best advice and expertise available, to get the definition right, and then, as the hon. Member for Blaydon said, make the definition transparent and available to anyone.