Ivory Bill

Kerry McCarthy Excerpts

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

[Kerry McCarthy (Bristol East) (Lab)]

The Secretary of State gave a long list of those he wants to praise for their involvement in this, but will he join me in praising the rangers who do the work on the ground trying to defend elephants, rhinos and other animals against poachers? It is estimated that over 100 rangers a year lose their lives in violence because of the work they do.

[Michael Gove]

The hon. Lady makes an important point: the bravery and determination of those who do this work is outstanding. In countries such as Gabon individuals risk their lives to save elephants and safeguard the animals they love in a country to which they are deeply attached, and as it goes in Gabon it goes in many others countries as well.

The hon. Lady’s intervention also gives me an opportunity to thank our own armed services. As the Defence Secretary pointed out, only last week we dispatched more trained military personnel to support the work of rangers on the ground. That capacity of a country like ours to work together and use our expertise alongside the commitment of those from African nations will help us turn the tide and beat back the poachers.

--- Later in debate ---

[Kerry McCarthy]

I very much welcome the Bill. Does my hon. Friend share my surprise that the Government have managed to introduce this 40-page Bill in a very busy parliamentary timetable but still have not found time to finalise legislation to ban wild animals in circuses? This week we have seen Slovakia become the latest country to introduce such a ban. The Wild Animals in Circuses Bill has been through prelegislative scrutiny, and it has been kicking around for years. It is a very short Bill. Why cannot we pass it now?

[Sue Hayman]

I agree wholeheartedly with my hon. Friend. I would be pleased if the Secretary of State could announce when the Government will be banning wild animals in circuses. I am a sponsor of the Wild Animals in Circuses Bill, promoted by the hon. Member for Copeland (Trudy Harrison), and it would be extremely helpful if the Secretary of State could bring it forward.

I reiterate my assurance that Labour will support the Ivory Bill on Second Reading, and I hope that both the Government and the House will give careful consideration to how we can strengthen the Bill both in Committee and at subsequent stages.

[Mr Owen Paterson (North Shropshire) (Con)]

It is a great pleasure to follow the shadow Secretary of State, the hon. Member for Workington (Sue Hayman), who has stated the Opposition’s support for the Bill. My hearty congratulations go to the real Secretary of State for introducing it.

We lose an elephant every 25 minutes, which is 20,000 elephants a year—we should all remember that incredibly simple fact. During this debate we have already lost two elephants. It is estimated that 100 years ago there was an elephant population of about 10 million, and the decline has accelerated. The great elephant census, published in August 2016, found that only 352,000 savanna elephants were left across the 18 countries surveyed—a 70% crash in numbers since 1979, when the total population stood at 1.3 million.

Encouraged by my then junior Minister, my right hon. Friend the Member for Newbury (Richard Benyon), and Charlie Mayhew, the chief executive of Tusk, I went to Lewa when I was Secretary of State for Environment, Food and Rural Affairs. Lewa is a brilliant example of how local landowners have created conservancies where the management of wildlife is jointly organised by local communities. The rangers, whom the hon. Member for Bristol East (Kerry McCarthy) mentioned, are all working together, and the local community sees real value in the wildlife. As a result, poaching has been reduced in Kenya in the past couple of years. Lewa is a brilliant example of how, if a local community can see the value of wildlife, it will participate in its long-term regeneration.

A couple of years ago I went to the Kruger national park in South Africa. Whereas in Kenya there was a chronic lack of equipment, in South Africa there was a major general with 35 years’ experience in the South African army who had aeroplanes, helicopters and 700 brilliantly equipped rangers, but they lost four rhinos the weekend I was there. The poachers in the Kruger will move on to the wonderful, huge elephants once they have gone through the rhinos, and the reason is money. Northern Mozambique is miserably poor, and if a person can get one rhino horn out of the Kruger it will keep their community going and they will be a folk hero in their little town.

I have seen two contrasting sides to this issue. There is a big demand for this product, mainly from the far east, and the obvious answer is to grow more. I have thought about this, and that answer is simply not practical. We will never produce enough elephants or rhinos to satisfy the colossal demand. The only answer is to do what this Bill does, which is to sever the demand.

I returned from my trips and met the then Foreign Secretary, my right hon. Friend Lord Hague of Richmond, and we sat down and organised what became the largest world wildlife conference anywhere. We had great help from my right hon. Friend the Member for Putney (Justine Greening), the then Secretary of State for International Development, who has sadly left the Chamber. She completely got my point about conservancies and bringing in the local communities.

Over 40 countries participated at the conference. Sadly I could not participate because I had an emergency eye operation, but the conclusion of the conference was exactly what we wanted: recognition that the illegal wildlife trade and the poaching that feeds it have, in some places, reached unprecedented levels. In response to the crisis, the London conference

“aimed to reverse recent trends of increasing illegal wildlife trade through measures to eradicate the market…ensure effective legal frameworks and deterrents, strengthen enforcement, and support sustainable livelihoods and economic development.”

Also from the conference came the Elephant Protection Initiative, set up by five African countries, and only today I got an email with the latest update—that 18 African countries have now participated in the initiative.

That was all good, and we were world leaders at the time. Other countries then got ahead of us. President Obama and President Xi Jinping of China announced that they would introduce complete bans, and America did so in June 2016, with pretty tough exemptions. China, I think remarkably—this is a real credit to the Chinese Government—took decisions that have closed down whole factories. At the time, a Chinese Minister told me that 34 designated factories would shut and that China intended to shut down its whole ivory trade and manufacturing process by the end of 2017. In 2016 the French also brought in a near complete ban, with tight provisions on trade. We made the right announcements, but we did not actually take action. Meanwhile, those bans have had a significant impact on the value of ivory. It was about $2,000 a kilogram, and it is now about $700 a kilogram.

Our party promised a complete ban in our 2010 manifesto and, in effect, a ban in our 2015 manifesto. Lord Hague and I had not given up at that point, and we worked with non-governmental organisations such as Stop Ivory, Tusk and the Born Free Foundation. I also held meetings with representatives of the antiques trade; the chairman of the British Art Market Federation, Anthony Browne; the chief executive officer of the Association of Art & Antiques dealers, Rebecca Davies; and the secretary-general of the British Antique Dealers’ Association, Mark Dodgson. We came up with a text that they would have been happy to put in our manifesto, which reads as follows:

“As hosts of the 2014 London Conference and the upcoming 2018 London Illegal Wildlife Trade Conference, we will continue to lead the world in stopping the trade in illegal wildlife products, which is responsible for the poaching that kills thousands of elephants, rhinos, tigers and other species, negatively impacting livelihoods and security. In response to overwhelming international opinion, expressed at both the CITES and IUCN meetings held in 2016, we will proceed with our commitment to introduce tighter legislation to close the domestic ivory market with appropriate exemptions covering objects of artistic, cultural and historical significance. We will further commit to support the range states of species impacted by illegal wildlife trade, in particular for elephants, rhinos and tigers and will continue to oppose any call for resumption in trade of products from these species.”

When we see the number of people who have signed the petition and who have reacted, we see that had that been in our manifesto, the result of the election a year ago might have been different. It is a great pity that that was omitted from our manifesto. I really believe that what the Secretary of State has brought forward today does honour that jointly agreed statement, and it should encourage a speedy passage for this Bill.

Let me give a crude summary of where I think the antiques trade is at the moment. I think it admits that the Bill, as drafted, is tighter than it would like, but it can live with it. Anthony Browne has written to me, saying:

“Our primary concern now is that the Government’s exemptions should not be made more restrictive by amendment during the bill’s passage through Parliament.”

That is a very helpful statement from the antiques trade. As was said by my right hon. Friend the Member for New Forest East (Dr Lewis), who has sadly now left his seat, the Two Million Tusks report discovered that only 1.49% of lots for sale in auction houses contained ivory. Given that the total antiques market is worth about £9.2 billion, we see that we are talking about a round of drinks and the trade can probably manage without that business, although this should not be tightened up further.

I am fully aware that other Members are keen to speak, but I wish briefly to mention a few amendments that the Secretary of State might like to consider in Committee. It is obvious that exports, especially those to the world’s largest illegal ivory markets, are our most direct contribution to the global trade in poached ivory. An approximate analysis of the impact of the ban as proposed in the Bill is that about 25% of currently traded ivory items will fall under the exemptions. The UK exported about 35,000 ivory items to Asia from 2010 to 2015, which means that even with the exemptions in place, exports would still have totalled more than 8,000 items. That would mean the UK would still have been among the highest exporters of antique ivory in the world, even on the basis of the proposed ban.

The overriding concern is that the sale of such important items to markets in Asia fuels ivory’s desirability in the minds of consumers. Most people will of course not be able to afford to buy the rarest and most important items that this exemption is to cover, but seeing those pieces being acquired by people in their country will reinforce ivory as a luxury commodity that people wish to own, fuelling desire for items that are affordable, many of which are likely to be fakes from newly poached ivory. The exemptions in the Bill must therefore be incredibly rigorously defined and enforced.

As a start, I wonder whether the Secretary of State would consider having an annual register of how many items exemptions have been issued for under the historical, artistic and cultural definition each year, with a full description and pictures of each item. Such an annual register would be publicly available, and it would demonstrate the commitment that this exemption is for the rarest and most important items only and would allow public scrutiny.

Let me make a few brief suggestions as to how to improve the Bill. Clause 3(1) would be greatly improved if it were to specify documentary evidence to support the application and establish the legality of the ivory item, including age and provenance, as well as proof of identity and the owner’s address. Documentation will not always be available, but the lack of documentation would be a factor in the assessment. This applies in particular to online sales and exports. I would be very grateful if the Minister could provide a little more detail on how he thinks these regulations will apply to online sales, where we know flagrant cheating takes place. The declaration provided for in clause 3(1)(d) should include confirmation that the dealing complies with the convention on international trade in endangered species, or CITES, and the Control of Trade in Endangered Species Regulations, or COTES.

The exemption certificate specified in clause 4(1) should also include the name of the owner, given the reference to an exemption certificate being issued to a “different person”. In general, a new owner of an item subject to an exemption certificate should be required to register their ownership, whether on a prohibited dealing or not, so that a record of ownership is maintained. That will help the register. On clause 4(5), more safeguards are needed on issuing replacement certificates. An item could have several replacement certificates, which could be used to sell items illegally. Under clause 4(5)(b), how could someone legally acquire an item but not obtain the certificate? Careful attention to the numbering system might resolve that issue. On clause 6, we need a clarification of what a “portrait miniature” is—we need a definition.

Importantly, on clause 9(5), the exemption does not apply to items that consist “only of unworked ivory” and therefore excludes tusks. I understand that that is the opposite of what was intended. This is the only reference in the Bill to unworked ivory, and specifying it in this provision calls into question what is meant in the rest of the Bill. Those words should therefore be removed.

The defence of ignorance in clause 12 is a real concern, particularly as it is well known that that the illegal trade is fuelled by unscrupulous traders marketing ivory as a bone or as ivory sourced from other species, such as a mammoth. There should therefore be a basic sanction based on strict liability.

The Secretary of State should also be able to include other ivory-bearing species not listed in the CITES appendices in clause 35(3). As the Born Free Foundation has indicated, there has been an increase in the purchasing of hippo and other non-elephant ivory in the UK to replace elephant ivory in the internal trade. The BFF infers that the legal and illegal trades are targeting these other species, as the Government’s focus is on elephant ivory. Given that the total number of hippo in Africa is only about 25% of the figure for the elephant population, a ban must be careful to ensure that it does not unintentionally place these species under yet more pressure. It would therefore be sensible to specify hippos in the Bill now, rather than to have the delay of putting through a statutory instrument later.

[Kerry McCarthy]

I agree with the right hon. Gentleman about extending this provision to other species. Subspecies of hippo, warthogs, walruses and whales are all in the CITES appendix of endangered species, so the approach being taken does not seem to make sense. We know that this will be the only time we have an Ivory Bill before this House for many years to come, so if we are going to try to protect those species, it makes sense for us to do it now, in this Bill.

[Mr Paterson]

I am grateful to the hon. Lady for her support and I totally agree: if we have the option to put this in, which the clause gives us, we should just get it in the Bill. We know that there will quickly be a diversion to hippos if we do not provide for that.

I am fully aware that others want to speak, so I come to my last point, which is about enforcement. I had interesting negotiations with our current Prime Minister when she was Home Secretary about funding the national wildlife crime unit, and I am pleased to say that that funding is to run until 2020. We would like a strong, firm reassurance from the Minister that this legislation will need enforcing and will need the right level of expertise. The wildlife unit is absolutely brilliant; it is located just south of the river, in a strange suburb where there is a large, redundant Russian tank. For those who cannot find it, I should say that it is painted in party colours. I recommend going to see the NWCU, however, as it does fine work. We need clarity that it will be beefed up and properly resourced for the future. On the same grounds, the CITES Border Force team at Heathrow needs sufficient levels of manpower and resources, as they will be our frontine of defence against illegal imports and organised criminal activity coming into the UK.

The London illegal wildlife trade conference is back on 10 and 11 October. With this Bill, we have a wonderful opportunity to regain our leadership on this issue. How quickly can the Secretary of State get this Bill, which we all support, through its parliamentary process and on the statute book? I will support the Bill this evening.