Sustainable Fisheries

Kerry McCarthy Excerpts

Wednesday 4th July 2018 Commons Chamber

[Michael Gove]

My right hon. Friend makes a very good point. Indeed, the White Paper explains how angling, which is a hugely important part of the life of the nation, can benefit from the additional opportunities that accrue as a result of life outside the European Union. He is absolutely right to underline that, and we look forward to responses obviously not just from the fishing industry, but from recreational and other anglers as well.

[Kerry McCarthy (Bristol East) (Lab)]

Will the Secretary of State explain the logic behind retaining the existing system of fixed quota allocations for the current quota? As he will know, there has been a great deal of unhappiness about that. Three multimillion-pound companies currently control nearly two thirds of our fishing stock. If he wants to take back control, should we not be reviewing something that is now more than 20 years out of date?

[Michael Gove]

The hon. Lady makes a very good point. One of the things that my right hon. Friend the Member for Newbury (Richard Benyon) did when he was a Minister was to establish in law that we could move away from some of the FQAs, but appropriate notice needs to be given to do so because the way in which people exercise those rights has been safeguarded in law. However, the direction of travel that the hon. Lady outlines is one with which I sympathise.

Ivory Bill

Kerry McCarthy Excerpts

3rd reading: House of Commons
Wednesday 4th July 2018 Commons Chamber

[Anna Turley]

Absolutely. I think the principle of trust is important, and I hope we would support the Government on that, but for me this is about timing. The issue is not whether it will happen, but the fact that it could be six months or a year before the Bill is passed. In the meantime, especially if the Bill proceeds successfully and is widely heralded, there will be a great deal of awareness about the crackdown on the ivory trade in this country. What concerns me is the knock-on effect in the next six months to a year on the trade in hippo teeth, which could be a direct consequence of the Bill. I therefore do not want any delay caused by the wait for secondary legislation. In principle, however, the hon. Gentleman is absolutely right: we are going in the same direction.

[Kerry McCarthy (Bristol East) (Lab)]

I thank my hon. Friend for her references to my contribution in Committee. Let me also express my admiration for her elephant-patterned dress.

On the question whether another Bill will be introduced, is it not the case that the Department for Environment, Food and Rural Affairs, which does not normally handle an awful lot of legislation, has so much on its plate at the moment, what with the agriculture Bill, the fisheries Bill and so many other strategies—the need to consider agriculture subsidies, for instance—that the chances are that this will get pushed to the bottom of the pile if it is not dealt with soon?

[Anna Turley]

My hon. Friend has made an extremely important point, and one that is close to my heart. My private Member’s Bill to increase the punishment for animal cruelty was published in December, but we are still waiting for it to come before this place. There is a huge backlog in legislation, and I think it is dangerous to wait.

--- Later in debate ---

[Kerry McCarthy]

The right hon. Gentleman mentioned a whole list of animals that might be included, and we also had a full discussion about this in Committee. It was only when the Royal Society for the Protection of Birds spoke to me this week that I realised that one species that had not been mentioned was the helmeted hornbill. I had no idea that there was a market in red ivory from the hornbill. Has that species come up in any of his considerations, and does he think that it should be put forward for protection as well? It is protected under CITES.

[Mr Paterson]

I am being told via a sedentary intervention that that is not ivory. This is an interesting issue, but surely the good point about Government amendment 3 is that it is very widely drafted, so that a lot of species and a lot of animals could be included. I think that that is a good thing. What the Opposition new clause is proposing, and what we were originally proposing in our letter, is actually narrower and less effective.

I shall sit down now, because it will be much more interesting for the House to hear what the Minister has to say, but this information is on the DEFRA website, and if we could get a statutory instrument out and get started on consulting on the day of Royal Assent, that would be the most rapid method. I think we all agree that we want to give the widest possible protection to the widest number of species, and that seems to be the right route to take.

Ivory Bill (Sixth sitting)

Kerry McCarthy Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 19th June 2018 Public Bill Committees

[The Chair]

I remind the Committee that with this we are discussing the following:

Amendment 12, in clause 35, page 21, line 3, leave out from “subsection” to the end of line 5

This amendment would allow the Secretary of State to make regulations in the future that would include any ivory species, even if not listed in an appendix to CITES.

Clause stand part.

It is rather warm and humid in here—with humour as well, hopefully—so Members should feel free to take off their jackets. Members who have already spoken in the debate but wish to make comments on parts of the group that they did not address in their first speech are welcome to do so. If they wish to be called again, they should catch my eye by standing. I understand that Liz Twist was speaking before lunch, but she is not here. Would anyone else like to speak?

[Kerry McCarthy (Bristol East) (Lab)]

I feel that I have been slightly thrown into the middle here, because I was “slipped” for this morning and had not expected the Committee to have made such progress. Last week we took much oral evidence on broadening the definition of ivory beyond the tusk or tooth of an elephant to other ivory-bearing animals. It was disappointing that the consultation looked just at elephant ivory without the opportunity to consider narwhals, walruses or other animals. The hon. Member for Mid Derbyshire was particularly keen that mammoths should be included in the definition, although that would not come under a convention on international trade in endangered species definition, on the grounds that animals that are already extinct cannot be protected as endangered species. I suggest to the Minister that just because there was not a consultation on other species does not necessarily mean that they cannot be included in a definition.

We heard in evidence that the vast majority of trade is in elephant ivory. Exemptions for antiquities and precious items are nearly always concerned with elephant ivory; the new forms of ivory are very much secondary. There was a discussion about whether the Government would be subject to judicial review if a ban were to be implemented without consultation, and I will be interested to hear the Minister’s comments on that. My concern is that although the Bill makes provision to do things by statutory instrument, we will not have another ivory Bill for a long time. I therefore want reassurance that, if we are not to widen the definition in the Bill, those consultations and statutory instruments will be brought forward as soon as possible.

With regard to ivory-bearing animals mentioned in the CITES appendices, alongside African and Asian elephants in appendix I—those ranked as most severely under threat—are sperm whales, which are already under threat from ivory poaching. In 2013 the Spanish authorities seized 250 teeth, with a combined weight of 80 kg, which would have sold online for £1,000 each to be made into carved chess pieces. Appendix II includes narwhals, a single tusk of which can sell for up to $12,500. It has been reported that there are, on average, more than 200 trades in narwhal tusk every year. Although these species may not be at such an immediate and apparent threat of extinction as the elephant, they are at risk.

[Anna Turley (Redcar) (Lab/Co-op)]

We mentioned this morning the knock-on effect of some bans. Does my hon. Friend agree that, if we have such a small Bill, focused only on elephants, the knock-on effect for other species not currently endangered could escalate their endangerment? There would be purely a knock-on effect for other species.

[Kerry McCarthy]

I entirely agree with my hon. Friend. We have heard that this is big business. There are organised criminal gangs involved in poaching ivory. We have seen in the past how they will move from one lucrative criminal activity to another. If the elephant trade is closed to them, which we hope it will be, they will move on and find new pastures.

I have mentioned a couple of species involved. Alongside those in appendix II there are also killer whales, hippos and certain types of dolphin. Appendix III includes the walruses. It is estimated that up to 3% of their global population are hunted and killed every year.

I want to make a final plea for the poor old warthog, which no one seems to care very much about—[Interruption.] Maybe it was discussed this morning. We have to look at why we are introducing an ivory ban. It is mostly presented as a conservation issue that threatens the survival of the elephant, which could be wiped from the face of the earth. We should look at it from the point of view that taking an animal’s teeth just for the purpose of ornamentation or to make money out of it has to be wrong, whether it is rare, precious and wonderful to look at, or an ugly old warthog, of which there are many running around. I argue that we should not hunt animals for ivory, whether they are endangered or not.

[Sue Hayman (Workington) (Lab)]

I will speak briefly to amendment 12, which I tabled following a suggestion from the hon. Member for North Dorset, who unfortunately is not in his place at the moment. He suggested that in clause 35(3) everything following the word “only” should be deleted, so that it would read:

“The regulations may amend subsection (1) so as to include ivory from an animal or species not for the time being covered by that subsection.”

That would allow us to look at non-CITES species, a point raised by a number of hon. Members, including the hon. Member for Mid Derbyshire. That would include mammoth, for example. There is obviously also the dear warthog. My hon. Friend the Member for Bristol East missed a treat this morning when the hon. Member for North Dorset threatened to sing a song about the warthog in order to draw attention to its plight. She might like to have a word in private, to ask if he could entertain her.

Amendment 11 seeks to extend the scope of the Bill. Amendment 12 would allow us to consider any animal that might be affected in future by displacement or removal of other species from poaching, for example. This is an important area to consider. I hope that the Government will consider it seriously, because it is a simple amendment that would attract cross-party support.

Brexit: Trade in Food

Kerry McCarthy Excerpts

Thursday 14th June 2018 Westminster Hall

[Neil Parish]

Thank you, Mr Gray, for that clarification.

Farmers offer vital support to the rural economy, with the food and farming industry generating more than £110 billion a year, and employing one person in eight in the country. Food and drink, much of it produced in this country, is a vital industry, and the way our food is produced is so important for our natural environment, as we can see in many parts of the country.

The Secretary of State was in Exmoor and Devon last week, where the farming of sheep and cattle produces that lovely landscape with many natural features. Within those natural features is a managed farm landscape, which is why the profitability of food and agricultural production is so necessary. We can look at environmental payments, but they will not be able to replace the profitability of agriculture and food production entirely. The two need to go hand in glove, which we are really keen to see happen.

[Kerry McCarthy (Bristol East) (Lab)]

As a member of the EFRA Committee, I apologise for not being able to stay for the whole debate; I am on the Ivory Bill Committee, which sits again at 2 pm.

I entirely support what the Chair of the Select Committee says about the need for much greater clarity and strategic direction from the Department, but it is also important that we hear a lot more from the Department for International Trade and the Department for Exiting the European Union. I asked about rules of origin and their impact on the food sector this morning and got a very disappointing response. Does he agree that all three Departments need to send a clear message to farmers and food producers about what the future holds for them?

[Neil Parish]

I thank the hon. Lady for her intervention and for the excellent work that she does on the Select Committee. She makes a very good point about geographical indicators. Interestingly enough, when the Secretary of State visited Exmoor and Devon last week, there was talk of giving protected geographical indication status to Exmoor, where we can sell lamb from both sides of the border—from Somerset and from Devon.

All those things are intricately linked to the need for a future food policy, so that people know where their food has come from and so that we can market it better and, hopefully, get a better price for the producer. That money can then be linked back to the landscape. I cannot emphasise enough that the landscape and the food production, especially in certain parts of the country such as big livestock areas and more marginal land, are intricately mixed.

We must also ensure that we have high-quality vegetable production. Where we can produce organic vegetables, we should; where we can produce vegetables with fewer pesticides and fungicides, we should. We must be very positive about a food policy. I am worried that in the recent Command Paper on health and harmony, the only real talk of food production was very much at the high end. The high end of food production is great—from local restaurants, to tourists buying food and to everything linked to the countryside. However, we also need affordable food that the whole population can eat.

At least 90% of our food business goes through our major retailers, and people often buy on price. As we move forward, we have to be assured that our vegetable production not only is of good quality, with high welfare standards, but comes at a price that the average consumer can afford to—and will—pay. Whatever we buy in life, it is a choice, so not only do we want to have good, high standards, but it needs to be affordable.

We have a managed landscape with many natural features, as I said. The onus is on the Government to engage more closely with the industry to provide the food and farming sector with greater clarity. Tit-for-tat tariffs will do more harm than good—just look at the situation in America. The Americans have started putting tariffs on steel and aluminium. That might well help the steel and aluminium industries in America, but it will drive costs up for the industries in America that need to use those products. Food, a commodity and a manufactured product, does not need tariffs on it. In the end, that will only create more costs and could well lead to higher prices to consumers. I do not believe that those tariffs will ever come back to the producer.

It is imperative that we have a farming-focused free trade agreement with Europe. I repeat what has been said day in and day out in this House: two years since the referendum, all sectors—not just the farming sector— need some clarity on the direction in which we are going. People in all lines of business need to make investments, but those in the beef and dairy sectors in particular need to have a long-term view of where the world is going in order to make investments.

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.

Ivory Bill (Fourth sitting)

Kerry McCarthy Excerpts

Committee Debate: 4th sitting: House of Commons
Thursday 14th June 2018 Public Bill Committees

[Kerry McCarthy (Bristol East) (Lab)]

I start by drawing the Committee’s attention to my entry in the Register of Members’ Financial Interests.

It was good to hear the Musicians’ Union and the other associations that gave evidence confirm that they were delighted with the progress that has been made. I know that when an ivory ban was first talked about, they were very concerned that, given all the talk about the antiques trade and the obvious focus on conservation and animal welfare, musicians would get left out and owners of instruments containing a small amount of ivory would be overlooked. It is very good that the Government have listened to them and seem to have reached an agreement. They also confirmed that although the ivory ban was introduced in two tranches—in 1975 and 1989—they were comfortable with the fact that the ban applies to all instruments post-1975.

However, I still have a couple of concerns. I think that we will get on to one of them later, when we discuss clauses 10 and 11. It is about the fact that the registration certificate travels with the owner. So, if an owner sells an instrument, the new owner has to go through the whole process again, as opposed to the certificate travelling with, or being attached to, the instrument. I would have thought that something similar to car logbooks could be used, whereby there is just a change of name on the certificate; but we will discuss that later.

During the evidence session, there was some proposal about a blanket ban on online sales and I know the Minister would have noted that there was concern about that. However, it does not look as if anyone is bringing forward such a ban. We did not discuss it when we were considering clause 1, so I think that we are okay on that point.

However, one issue that musicians need clarifying in the Bill is whether exempted instruments that are sent abroad for repair will be allowed to return to their owner without any huge delays or additional paperwork. I think that such instruments would be at the higher end of the market. Because of their rarity, intricacy and value, they often need to be sent to other countries for intricate repairs, so it would be a real problem and a huge shame if they were to be confiscated, either abroad or on their return through customs. So I should be very grateful to the Minister for clarification of whether he has looked into that; if not, perhaps he could make efforts to address that issue in the Bill.

My other concern echoes what my hon. Friend the shadow Minister said about how we raise awareness of this provision. The Musicians’ Union can obviously reach out to its own members, and if people are professional musicians or own a musical instrument business, this is something they may well hear about. However, I am concerned that an awful lot of people, including some people who may just own guitars, may not hear about it.

When Alan Johnson was Home Secretary, people praised him for having come from a humble background and having attained such an exalted position, but what he still really wanted to be was a musician and I think that Tony Blair was of the same opinion as well. Indeed, I suspect that there are rather a lot of men of a certain age who have still got their guitars sitting there, which they have had for a rather long time. [Laughter.] It is people such as that who may well be affected by the Bill, so how do we spread word about it to them?

I have a friend who is not only a musician but a guitar repairer; he has been doing guitar repairs for more than 30 years and is attached to a particular shop. He must have worked on thousands of guitars over that time, including some incredibly intricate ones. In fact, he repairs not only guitars but ukuleles, mandolins and banjos. I remember that one instrument in particular was inlaid with all sorts of mother-of-pearl and lights that flashed every time a string was plucked. That one was incredibly rare and required an awful lot of work.

What is interesting is that I spoke to him and asked, “Were you aware of the rosewood ban?” He said yes, because the shop knew about it and had stopped selling rosewood guitars; it sells fake rosewood guitars now. However, when I mentioned ivory to him—bear in mind that this is somebody who for 30 years has taken guitars to pieces and put them back together again, and twiddled with the knobs, and got vintage knobs off one thing and put it on another thing—he said, “Oh, I just assumed it was bone on the guitars that I worked on.” He had no idea that he might be working on instruments that had ivory on them. I suppose the shop will get to hear about the legislation, but he does a lot of repairs for people who just phone him up or musicians who pop in and give him their guitars to work on.

I will tell my friend about the legislation, so he will be in the clear, but how do we ensure that all those musicians who come in and out of the shop realise that they have ivory in their guitars? Obviously, that also applies to all sorts of other instruments that might have a small, perhaps not very noticeable, piece of ivory in them. How will they know what the requirements are? The registration certificate is quite complex and a lot of people will just not bother completing and submitting it, even if they are slightly aware, because they are unlikely to be caught. There will be a job of work to do to ensure that people do not fall foul of the law without meaning to.

[Liz Twist (Blaydon) (Lab)]

Has the Minister considered the position of a local regional musical instrument, the Northumbrian pipes, which are peculiar to Northumbria and the surrounding area, including my constituency? A number of pipe-makers have expressed concern about how they can preserve and continue the tradition of Northumbrian piping, given the current provisions. Clearly there is the question of the percentage exemption, but there is concern that recently made pipes, which were made legitimately in accordance with the legislation at that time, might fall outside the limit.

The pipe-makers have submitted evidence. Has that evidence been considered, and are there any measures that could assist them? It is a great local tradition. I should say that the Northumbrian Pipers’ Society has made it absolutely clear that it does not wish to do anything that would undermine a ban on the sale of ivory or disrupt the legislation. Its members told me that they reuse ivory from things such as old billiard balls. That was perfectly legitimate when the pipes were made. I just wondered whether any consideration had been given to that.

--- Later in debate ---

[David Rutley]

Hon. Members have raised some very interesting points, some of which I had not anticipated. They were good none the less. We are up for the challenge this afternoon.

On the very good question about broader education, it is clear that lessons were learned from the listing of rosewood last year about how to communicate effectively with the industry, and how the application of restrictions can be brought into force more effectively. As a result of that, DEFRA is working to ensure that we have better contact with the musical instrument industry through a number of different forums, such as the quarterly CITES stakeholder liaison meetings. Clearly, we need to build on that in our preparations for moving forward with the Bill once it has received Royal Assent. We are planning a programme of awareness-raising, aimed at working with the relevant sectors that will be affected by the ban. The new regulator—the office of public safety and standards—will have a job of work to do to raise awareness and work through compliance issues. It will need to set out clearly what the provisions are and how to comply with them. Steps will be taken to address those issues.

The hon. Member for Bristol East made an interesting observation about certificates and registration. Unlike registration, the certificate will be valid for only a single change of ownership. Registration is very different from the certificate. That will mean that the compliance arrangements will be a lot clearer, because the person will have to re-register for each transaction. That is different from the “rare and most important” category.

[Kerry McCarthy]

This is really about clause 11, but I do not understand why a new owner has to re-register. That does not seem to make sense. In the same way as a registration certificate is attached to a car, why cannot one be attached to a musical instrument? We have expressed concerns about people not knowing that they have got to go through this process, and it seems that this has created an awful lot more work.

[David Rutley]

We can have that debate when we get to that clause. We are trying to ensure that we have a robust system, and that there is not too heavy a burden on the Government. We want our approach to be light-touch but effective. We can debate that more, and I am sure we will.

The hon. Lady asked some very interesting questions about items going abroad for repair. I did not know that happened. The exemption applies to UK imports and exports, so if the item satisfies the exemption in the UK, it will be allowed to be re-imported under the musical instruments exemption. To reiterate, the item must be registered under clause 10, and the person must apply for the relevant permit certificate under the EU wildlife trade regulations. The Bill builds on the EU wildlife trade regulations, so both need to be satisfied.

Questions were asked about Northumbrian pipes. It a great part of the world, and I know that is a strong tradition in the constituency of the hon. Member for Blaydon. We are trying to create very tight exemptions, and if a Northumbrian pipe contains more than 20% ivory, it will not qualify for the exemption. That is a challenge. The point we made on Second Reading is that the item can still be played, owned, gifted, donated or bequeathed. We might be able to look at options to keep that tradition alive, but I am afraid Northumbrian pipes would not come under one of these exemptions, and it would be very difficult to have a specific one for just one category. There might be other ways in which that tradition can be kept alive for future generations.

Foie Gras Imports

Kerry McCarthy Excerpts

Wednesday 13th June 2018 Commons Chamber

[Henry Smith]

I am grateful to the hon. Gentleman for his intervention. Indeed, there are traditions and delicacies in many parts of the world, but I do not think that that excuses the inhumane way in which foie gras is produced. It is certainly not part of a mainstream tradition in this country.

[Kerry McCarthy (Bristol East) (Lab)]

I am grateful to the hon. Gentleman for giving way and for bringing this debate to the House tonight. He is excellent on animal welfare issues. The decision on foie gras has already been made in this country. We have banned its production here because it is morally unacceptable and cruel, and a YouGov poll has found that 77% of people support an import ban. I think that that figure would be much higher if the rest were to actually listen to what the hon. Gentleman has to say about the immense cruelty involved and if people realised that they were eating a diseased organ. Foie gras is a product of making the animal diseased.

[Henry Smith]

I am grateful to the hon. Lady, and I pay tribute to the work she has done on many animal welfare issues. She is right to say that this is a quite disgusting form of production. If more people appreciated the fact that they were eating a diseased organ, I am sure that the percentage of people expressing outrage at foie gras being allowed in this country would be even higher.

The Animal Welfare Act 2006 provides five points that must be taken into account when focusing on an animal’s needs: its need for a suitable environment; its need for a suitable diet; its need to be able to exhibit normal behaviour patterns; its need to be housed with—or, as appropriate, apart from—other animals; and its need to be protected from pain, suffering, injury and disease. As I have said, we cannot produce foie gras in this country, as to do so would contravene those points, so let us apply those values to what is imported into our country as well.

Ivory Bill (First sitting)

Kerry McCarthy Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

Q That is interesting because the Bill has been a long time coming and it is great that we have got this far. To knock it off course would be perverse. As we have not consulted on all the other species, would the best thing be to get the Bill through and then all of you who are experts could meet Ministers to decide which species—particulary non-CITES species—ought to be included so that we do not have other species coming on to the endangered list simply because activity has been displaced? I assume that you would all be happy to consult Ministers once the Bill is passed to get that done as soon as possible.

David Cowdrey: I totally agree with that. We have all worked so hard to get to this point to deliver one of the strongest ivory bans in the world. The initiative that has been taken by all parties and the cross-party support shown on Second Reading have been superb, and there is an opportunity to provide that protection. As we said, as long as there is that flexibility, and consideration for other species, which can be applied in future, and as long as further consultations can be held and we can have those discussions, I would agree totally with that.

Cath Lawson: Yes, WWF would be happy to engage in that consultation process, but for it to be separate to passing the Bill.

Will Travers: Just for the Committee’s interest and information, we are talking about huge volumes of trade in non-elephant ivory. I have four figures that might be helpful. From 2007 to 2016—just under a decade—78,000 hippos and hippo products were exported by CITES parties. Hong Kong imported 60 tonnes of hippo ivory between 2004 and 2014. Between 2007 and 2016—those dates again—7,000 narwhal products were exported and more than 172,000 walrus specimens were reported to have been exported on the CITES trade database. Those are not insignificant by any measure—they are enormously significant. With that kind of volume now, as we have just mentioned, the shift away from elephant ivory could put insupportable pressure on these other species, which is why we would like to see an accelerated process for that after this process has been undertaken. That is a very helpful suggestion.

[Kerry McCarthy (Bristol East) (Lab)]

Q It has taken a long time to get to the stage of introducing this Bill and I would think it will be a long time before the Government return to this issue. The figures you have given on other species are startling, and you say you want flexibility in the Bill to be able to amend it. Is there a way in which the Bill could allow for, perhaps, delegated legislation or some other way to revisit the issue without having to have an Ivory Bill mark 2, which could be quite a significant time down the road?

Cath Lawson: From WWF’s point of view, I cannot comment on the legislative process but we would certainly want to see a consultation process around those species before inclusion in a Bill. That is why it needs to be a separate process.

[Kerry McCarthy]

Q We know the figures and the scale of the problem, so what would a consultation be aimed at trying to find out?

Cath Lawson: Similar to the process we have gone through for the Ivory Bill, looking at the impact of UK trade on those species, and implications further down the line in terms of limiting that trade.

[Kerry McCarthy]

Q I suspect that the trade in ivory that comes from those species is not anywhere near as established as that of elephant ivory in terms of antiques, piano keys and things like that. That trade would be concerned with elephant ivory.

Cath Lawson: Yes.

[Kerry McCarthy]

Q So I am not sure there needs to be so much discussion about trade when it comes to these other items. Where does the hippo ivory and narwhal ivory end up?

Will Travers: In trade.

[Kerry McCarthy]

Q Why is it being traded? Is it medicines, or is it for ornaments?

Will Travers: My understanding is that it is genuinely an alternative ivory that is used in decorative materials. It is used in inlays and in almost exactly the same way as elephant ivory is used except less so on the whole. Less so in a large carved tusk in the shape of little elephants, for example.

[Kerry McCarthy]

Q Exemptions in the Bill are all for existing items—in the case of musical instruments it is pre-1975, and much earlier for antiques—so I do not quite understand why there would be a need to reconsider exemptions for items from other species, if you are saying they are being used now. I do not get the moral justification for there perhaps being a different case for items made of ivory from other species. Why is it not exactly the same case as for elephants? Perhaps Lisa can ask more coherently than me.

--- Later in debate ---

[Sue Hayman]

Q Is that something we can learn from? Would it be relevant?

Alexander Rhodes: Really importantly, it is something we can learn from and it is quite good that we can learn from what African countries have been doing in relation to that. Interestingly, we paid for it anyway. In the context of Angola, for example, where we are working at the moment, a challenge fund grant is paying for a programme of legislative reform review and prosecutor and judicial training.

[Kerry McCarthy]

Q Returning to what you said about a ban on any sales online, would that apply just to pre-1918 items, and not to the exemptions for items with low ivory content? I am thinking particularly of musical instruments. At the moment there is an exemption for pre-1975 musical instruments. They are quite often bought and sold online. People buy guitars, for example, from online shops. Would you be happy for that to continue where the ivory is not a crucial part of the item but it happens to have ivory decoration, or an ivory mouthpiece, for example? I do not think many pianos are bought and sold online, but they can have ivory keys.

Alexander Rhodes: The purpose of this is clarity and certainty, so my preference would be for it to be straightforward. If it is ivory, you cannot sell it, and you cannot deal in it, online. To add a little context, you are right, of course. Not only are musical instruments with bits of ivory in them bought and sold online but some inlay furniture is also sometimes bought and sold online. However, it is the overwhelming minority of musical instruments or pieces of furniture that contain ivory of that kind.

My personal preference, for clarity and therefore for certainty, would be for it to apply across the piece. Of course, if it applied only to part of the piece, that would still be better certainty than its not applying at all.

[Kerry McCarthy]

Q I can see that it is an easier provision to put in the legislation, but we have the Musicians’ Union and others coming in this afternoon. They may well have something to say about it. Then there are people buying and selling their own instruments. I suspect that they probably would not have the slightest idea that the legislation existed in the first place.

Alexander Rhodes: That is the opportunity of the Bill and of October. It is also the opportunity coming out of the broad consultation with musicians. We have had great conversations with them.

[Kerry McCarthy]

Q Engagement at the Musicians’ Union level is one thing, but it is another thing if you are talking about someone who has a vintage guitar and decides to sell it. I used to live with someone who had about 20 vintage guitars and repaired them for a living, so I know how often he decided that he absolutely had to have yet another vintage guitar and sell one of the ones that he had.

Even in the future, I do not think that he would realise that there was a ban on him putting his guitar on eBay. I would not want people criminalised for doing something like that. You are not talking about people making huge amounts of money in the ivory trade; you are talking about somebody who just happens to have a product that has a bit of ivory in it. We will ask the Musicians’ Union what they think.

Alexander Rhodes: It is a balance.

[The Chair]

Are there any further questions? Okay. If there are no further questions, I thank our witnesses for their evidence.

Ordered, That further consideration be now adjourned. —(Mims Davies.)

Ivory Bill (Second sitting)

Kerry McCarthy Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Mrs Latham]

That’s interesting. Thank you.

[Kerry McCarthy (Bristol East) (Lab)]

Q May I just return to what the chief inspector was saying about how to prove if somebody knows it is ivory, particularly if it has been misdescribed. We have discussed in the past adding something around misrepresentation of an item to clause 1 to cover selling something that has been fraudulently mislabelled so as to avoid detection. Presumably, you would still then have the difficulty of proving that somebody had misrepresented it—that somebody knew it was not bovine bone or whatever.

Chief Inspector Hubble: Yes, we would still have to prove that they knew it was ivory and that they had then mislabelled it, knowing that it was ivory.

[Kerry McCarthy]

Q Adding a provision that covers mislabelling does not get us very far, unless you have absolute liability in terms of buying and selling.

Chief Inspector Hubble: All the time that the burden of proof is on us to prove that they knew, that is difficult from an enforcement perspective. If the burden of proof was on them to prove that they did not know it was ivory, that would make enforcement much easier.

[Kerry McCarthy]

Q Bovine bone does not sound particularly appealing if you are buying something of ornamental value. Is it very well known within the business that it really is ivory?

Chief Inspector Hubble: Absolutely.

[Kerry McCarthy]

Q Absolutely, but it is very difficult to show that.

Chief Inspector Hubble: That is because eBay banned ivory as a listing two or three years ago: eBay was openly selling ivory and an approach was made to it to say, “This is illegal, you cannot do this.” It took the ivory category down, so now people call it bovine bone or ox bone, but clearly it is still ivory.

[Kerry McCarthy]

Q You are not going to catch those people on the mislabelling; they have to have absolute liability and the burden of proof is on them. That is the only way you will catch those people.

Chief Inspector Hubble: Absolutely. In general, we do not deal with the people who will apply for exemption certificates and who will register their items and apply for permits, because they are the responsible, law-abiding people. We deal with the ones who have a complete disregard for policy protocol legislation. We deal with the ones who are deceptive, who lie and who want to make money out of this. The burden of proof has to be manageable and has to be able to be enforced, otherwise it is not enforceable legislation.

[Kerry McCarthy]

Q As you said, you police this by starting with a ticking off. If somebody genuinely thought, “That looks pretty,” and bought something on eBay without thinking of or knowing the consequences, you will not come down hard on such people, will you? It will be the people who you know to be in the business.

Chief Inspector Hubble: We have to apply a proportionate response to any investigation that we undertake, based on what they are doing, what they have done before and whether they are willing to engage through an education process or a preventive measure. All those factors determine the outcome and the sanction.

[Kerry McCarthy]

Q If the burden of the proof was on the person buying or selling, you would not end up criminalising lots of people who are just buying things innocently, because you could be trusted not to go steaming in with armed police officers.

Chief Inspector Hubble: Absolutely, yes.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Q To come back to Lisa’s lines of questioning, the future of the National Wildlife Crime Unit is uncertain—it could close in March 2020. What would the implication be for the enforcement of the measures in the Bill as it stands if the funding were discontinued? What pressure would that put on Border Force and how would the police deal with the Bill?

Grant Miller: Our ability to take cases and offenders before the courts would be impacted on greatly. We would be pushed into going out to each constabulary, looking for a supportive senior manager to take on an investigation on our behalf. If we were not able to find that, our activity would be just to disrupt and seize, and the threat would just continue. We share intelligence—we are very much a data-driven organisation—to get our targets and to know where we are working. If we do not get that feedback, ultimately we will become a self-fulfilling prophecy.

--- Later in debate ---

[Thangam Debbonaire (Bristol West) (Lab)]

I received a donation from the Musicians Union at the last general election and the previous one. I want to put that on the record—it has been declared in the Register of Members’ Financial Interests.

[Kerry McCarthy (Bristol East) (Lab)]

I also received a donation from the Musicians Union at the last election.

[The Chair]

Okay, thank you; that is on the record. Let us move on to questions.

--- Later in debate ---

[The Chair]

For the record, anyone, including distinguished members of the panel, can continue to submit written evidence through the parliamentary website with a reference to this Bill.

[Kerry McCarthy]

Q If I may ask the musicians, my understanding is that you are both happy with the provision as drafted in the Bill. I know there were lots of discussions with the Department beforehand, so you are happy with it. Paul, you said there were two tranches of ivory bans—1975 and 1989—and you are happy the instruments between 1975 and 1989 are not included.

Paul McManus: Let me be very honest: we are extraordinarily grateful that this exemption has been considered at all. The vast majority of instrument manufacture involving ivory ceased around 1975. There was some continued use of ivory, with the other ivory that was not brought into enforcement until 1989. While it would be tempting to say “Can we have a bit more, please?”, if I am totally honest, we were so delighted with the proposal as it stood that, considering it would catch the vast majority of instruments, we did not want to appear over-zealous in our presentation to you.

[Kerry McCarthy]

Q That is good of you. Can I ask about the registration requirements, which I had not quite cottoned on to? Owners of instruments would have to register them, under clause 10. If they sell the instrument on, the registration does not follow the item; the new owner has to register it. I can see that if you own a Stradivarius that is worth a fortune, you are aware of things like that. You are a professional, and that is all part and parcel of it. You have managers and agents, and all sorts of things. If you are just somebody buying and selling a guitar that you might not even realise has a bit of ivory in it, how is that going to work for the guy—sorry, or woman—who has had the guitar sitting in the corner of their room for a long time?

Paul McManus: It is a challenge. As an industry, we have been dealing with the rosewood legislation that CITES brought in last year. Nearly every guitar is made with rosewood, so we have had to try to educate an entire industry that makes guitars—both here and overseas—and every musician buying or selling a guitar, about the fact that rosewood is now a protected product. It is tough; I will be honest with you.

I suspect that ivory will rise to the top in awareness quicker than rosewood did. We have had to use every communication channel we can. We have gone to special Department for Environment, Food and Rural Affairs meetings in Bristol to educate the whole industry and take our members to it. Back to the online platform debate—to be fair, some of the online platforms have now been putting up information saying, “If your guitar is rosewood, you need to be aware of x, y and z,” as they have done with ivory. It is a challenge, but we just have to do everything we can to communicate this. There are so many platforms that people can buy and sell through.

[Kerry McCarthy]

Q Especially if the provision applies only if less than 20% of the product is ivory. It is not like having an ornament that is made of ivory, where you have it in your mind that it is an ivory product. If a little bit of an instrument—

Paul McManus: Every instrument will come to less than 20%. A piano is 3%, because of the total volume of the product the ivory keys are 3%. There are a few instruments, such as accordions, that will get into the double digits, but nearly 99.99% will come under 20%. It will not be a problem in the percentage; it will be the article 10 provisions that you have to—

[Kerry McCarthy]

You would think a light would go on in the head with a piano, because everyone knows that the keys are made of ivory. As David mentioned, if you have a smaller instrument in which a tiny bit of the bow is made of ivory, the issue is how that is even flagged up.

David Webster: It is difficult. You might find that on a banjo, for example, the fret board has a bit of ivory on it, or the tuning peg. As far as registration is concerned, the Bill refers to a fee for registering the instrument, to be set by the Secretary of State. We would ask that the fee be waived for professional musicians, who generally do not earn a large amount of money. They might spend many years doing various jobs, but they do not earn a huge pot. Their major investment is their instrument, and we would not want to see them pay a large fee to register it in order to be able to trade it.

[Kerry McCarthy]

Q Do we know how much the fee would be? Has that been discussed?

David Webster: It is not in the Bill. It is “as prescribed” by the Secretary of State.

[Kerry McCarthy]

No ballpark fee?

Paul McManus: A CITES article 10 is normally about £30, but the registration might be separate from that.

David Webster: These are working musicians and the instruments are the tools of their trade. It is an important distinction. This exemption is welcome because it really does recognise that these are working instruments, tools of the trade, and a cultural heritage as well as what the musician needs in order to do their job on the world-class platforms we have in the UK.

[Kerry McCarthy]

Q One of the witnesses this morning was pushing for a ban on all online sales of ivory instruments, on the grounds that people need to see them to know what they are getting. Would that cause a problem?

David Webster: I think it would cause a problem for musicians, yes. If there was a total ban on selling instruments online, you would have to travel in order to have face-to-face consultations. Musicians generally know what they are selling when they sell their instruments. An online sale facilitates musician-to-musician instrument selling, and an online ban would not help at all as far as our members are concerned.

[Kerry McCarthy]

Q Presumably there are not that many of these instruments around, so the chances are that they are going to be a long way from where the musician who is buying is located.

Paul McManus: Yes, and the problem is that the minute you say something cannot be done online, people get around it. You can buy a gun bag on eBay with a free gift inside it, because you cannot sell guns on eBay. People will get around it. David is right; a lot of musicians need to talk to other musicians around the world about their products. If it has been promised to a guy in America for 10 years, it will be done online.

David Webster: If it is a serious sale, they will be able to see it online and pay for it online, but they might want to actually try it out. When you buy an instrument, it is not just the instrument; it is also the ergonomic feel within the body and the tonal quality. Collectors might want to buy online and that would affect them, but the professional musician will always play the instrument before purchasing it.

[Trudy Harrison]

Q I feel that I should declare an interest as a pianist and the owner of a piano that may or may not have ivory keys—I have been doing some research, and they are not solid ivory keys but wooden keys with potentially ivory coating. This brings me to my question. You said that you believe that a 20% de minimis threshold would cover most commonly played and traded instruments, but what proportion would not be covered by this 20% of musical instruments?

Paul McManus: There are a few, and they come under antiques. We saw a lute that had nearly solid ivory plating over the whole thing, but that was pre-1947. It dated back to the 1800s.

--- Later in debate ---

[Mrs Latham]

Q How would you fund that? If people came to you with their particular pieces of ivory, or ivory as part of something, how would you fund that? There would be a cost to you. Would you think of charging whoever it is that wants it?

Dr Boström: We already have an opinions service, which is a public-facing service. Each curatorial department, on the first Tuesday of the month, has a public opinion session. We would certainly be able to offer the service through that. Whether a more robust service beyond that is needed, and what that might be, is one of the discussions that is on the table, I think.

Hartwig Fischer: In view of the importance of what the Bill addresses, I think provision should be made for those experts to give expert advice. There is an investment of time and expertise that should be covered, because it is during working hours.

[Kerry McCarthy]

Q There are specific exemptions in clause 9 about acquisitions by qualifying museums, which you obviously are, which mean that you would be exempt from the prohibition. Could you give an example of where you might need to rely on that exemption for products that are not already covered by the exemption certificate? Am I right in my understanding that the normal prohibition is that it has got to be pre-1918, and has to have a certificate that it is of outstandingly high artistic, cultural or historical significance, but there are some exemptions if a museum is involved? What sort of product would be likely not to qualify for the exemption certificate, but be something that you would want to buy or sell?

Anthony Misquitta: As museums, we are not in the business of selling. We are not really entitled to sell. Once an item enters the collection of a museum, that is normally it. The term we use is de-accession and we have very narrow powers to de-accede. Certainly, once it is in the collection, we are not in the market to then sell it back into private ownership. Normally—99.9% of the time, and probably more than that—when it enters a museum’s collection, that is it forever.

[Kerry McCarthy]

What about acquisition?

Anthony Misquitta: An example could be a musical instrument with more than 20% ivory content, of which we have some. We have some that are almost 100% ivory.

Dr Boström: Or a piece of furniture.

Anthony Misquitta: Or potentially a piece of post-1918 art deco furniture, for example, that is of significant cultural value.

[Kerry McCarthy]

That is interesting. Thank you.

[Sue Hayman]

Q There is obviously talk about prescribed institutions and qualifying museums and there has also been talk of a register of exempted items. The Secretary of State will keep a list of those registered or qualifying museums and prescribed institutions. If an institution is found to have been breaking the law, how do you see that being managed within your industry? Should the Secretary of State be able to take them off the register? Should further criminal action be taken? How would the industry look at policing itself within that category?

Hartwig Fischer: I would be very surprised if any of those institutions breached the law. We have extremely strict procedures in place for due diligence on provenance. Before any object enters our collection, it goes through many filters and is closely monitored. My understanding is that it would be exceedingly difficult for any of these institutions to do this. It is unlikely that something like this would happen inadvertently. It would be most exceptional for something like this to happen. I am very confident that these institutions are extremely conscientious when it comes to acquiring objects.

Anthony Misquitta: There is a very strict accreditation regime for museums in this country. Accreditation is by Arts Council England. Where a museum falls foul of those very strict rules, it loses its accreditation and that is catastrophic. It loses its Government indemnity scheme, it is unable to loan to or receive loans from other museums, and its charitable status is thrown into jeopardy. There are a number of checks and balances in the accreditation regime.

I will not say that museums never break the rules, because it is a very tough climate for museums—not the likes of the museums before you, but it is a difficult period for regional museums. Sometimes they are faced with the stark option of selling an item or closing, for example. They might sell an item and run the risk of losing their accreditation, but it is not something that they would do lightly and it is devastating if they do.

It may be necessary for the Arts Council to think about adding reference to this legislation to its accreditation tests.

Oral Answers to Questions

Kerry McCarthy Excerpts

Thursday 7th June 2018 Commons Chamber

[George Eustice]

I am grateful to my hon. Friend for making that point, and a number of farmers have also raised the issue with me. I would simply say that the consultation had sections on safeguarding a profitable future for farming, on fairness in the supply chain, on risk and resilience, and on investment in research and development, so there was lots on food production. I simply say that we want to change the way we farm so that it is more sustainable; not stop farming, or do work on the environment instead of farming.

[Kerry McCarthy (Bristol East) (Lab)]

I asked the Minister back in March whether he had held meetings to discuss the problems that might arise because of the overuse of antibiotics in US farming, if we were to move to trading with the US and accept its standards. He would not confirm whether he had met representatives of the Department of Health and Social Care or the Department for International Trade to ensure that we could rule out imports of meat produced in the US, which has five times the use of antibiotics that we have in this country.

[George Eustice]

My right hon. Friend the Secretary of State recently met the chief medical officer to talk about the important issue of antibiotics use. We also have the O’Neill report, which set key targets for the UK to reduce its use of antibiotics, and the UK has campaigned globally through various international forums to reduce the use of antibiotics in agriculture.