Ivory Bill (First sitting)

Liz Twist Excerpts

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

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

Q Thank you for your contributions over many years, particularly through the consultations, which are much appreciated. Do you feel that you have had a chance to have your voices heard through the consultation process? I hope you have, but it would be interesting to hear that from you.

There has been some concern that the ban might lead to displacement to other countries, for example in the far east. You have addressed that to some extent in your comments. Can you reconfirm for the Committee that you believe that the ban will help and that the October conference could be an opportunity to start tackling concerns about displacement?

Cath Lawson: Yes, very much. We feel that we have had the opportunity to input into this process, and we are grateful for that—the consultation process has been very inclusive. If the Bill can be passed in time for the October conference, we can show that we have one of the world’s strongest pieces of legislation on ivory. We feel that it would put the UK in a strong position to work with other countries, particularly those neighbouring China: Laos, Thailand, Bhutan. There is certainly a risk of displacement from China to those sorts of countries, and this would help them move forward with their ivory legislation as well.

Will Travers: I totally agree. With regard to the voice, it was one of the biggest responses in the public consultation, showing the depth of public concern. It was generated not just by advocacy organisations such as those represented here and others; the public in general wanted to have their say. With regard to displacement, the fact that the Foreign Secretary is so invested in the issue—as was his predecessor—bodes well, because the FCO has a really important role to play in making sure that our position on this issue is well understood in the countries that were just mentioned. Although the Bill is about the domestic ivory trade, it is important that it does not become a domestic issue; it is an influencer far and wide, particularly in those countries that have yet to make their position as clear as they could.

David Cowdrey: I agree. We have been listened to and consulted well. The consultation run by the Ivory Bill team at DEFRA should be congratulated on doing a superb job. They have consulted far and wide, with a range of organisations, and constructed a carefully crafted Bill.

There is always a risk of displacement to other countries. The investment that is being made and the training that the UK can provide—not only through our armed forces but through our police services—is excellent. The Metropolitan police in the UK have developed an ivory fingerprinting kit, which is now being rolled out to over 18 countries globally. The British high commission in Mozambique has invited me back to do some training with rangers and ANAC, which is the national parks authority. That is a piece of frontline equipment that can help catch ivory poachers on the ground, and it will also be appearing at the IWT conference in October. Team GB have a huge amount to contribute to law enforcement on the ground, and can provide expertise, training and resources where displacement is happening. Those are good strategic opportunities for tackling some of these real hotspots around the world.

Will an ivory ban help? Yes it will. This is a really good piece of legislation that will provide that global leadership and that position. The opportunities you have within the European Union to get a strong ivory ban in Europe and use this as a template are critical. Every available opportunity should be used to push this across Europe via colleagues, so that we can roll out this ivory ban and get a global ban. This is what we really need in order to start tackling the trade. You have a great opportunity and I wish you well.

[Liz Twist (Blaydon) (Lab)]

Q You talked about cyber-dealing and cyber-trading, and I want to come back to that. As I understand it, there is a significant amount of trade over the internet. How can we enforce this effectively? Do you think that there should be additional measures, or do you think the Bill covers that sufficiently?

David Cowdrey: Additional measures have just been introduced in the Control of Trade in Endangered Species (Enforcement) Regulations. Anybody offering an annexe A specimen will need to display their article 10 certificate. That is a new requirement that we welcome. Enforcement is an issue. There has just been a major conference with Interpol in Lyon with law enforcement agencies from across Europe and the world, which was co-partnered with IFAW. It was looking at how we can tackle cyber-crime and where it is moving—again, it is the impact of Facebook closed groups, which are very difficult to penetrate, and also the dark web. An awful lot of further work and investigation is needed by global enforcement agencies, but also by our own enforcement agencies. We have to remember that this is a criminal activity, undertaken by organised criminal gangs using the same routes they use for other commodities, such as guns, people and drugs. It is the fourth largest illegal activity in the world. It is undermining communities and Governments and therefore needs to be a priority. Tackling this in any way we can, and especially online, is going to be critical.

As Will said earlier, these are criminal groups that will adapt and change at the flick of a switch. When one market closes, another one will open. They will use technology to the fore. Now, with our tenBoma scheme in Kenya, we are creating a network to defeat a network, which is critical. We are using the same intelligence software used to tackle poachers before they shoot the elephant, so we can anticipate where they are going to be and make sure the resources from the enforcement agencies are deployed. Enforcement online and on the ground, and using technology, is vital if we are to defeat the poachers.

Cath Lawson: We certainly agree that the online trade is very much a concern, but we feel that the Bill as it stands, and the exemption for what is specified—with some tweaks that I hope we will have an opportunity to talk about later—is pragmatic and sufficient to not pose a significant risk.

[Robert Courts (Witney) (Con)]

Q I want to return to the definitions under clause 35 for a moment. We all share the desire to extend protection to as many species as possible. You can probably hear that there is some concern from Members about the speed with which we are doing that. Would it be right to say that your overriding concern today, in the context of the Bill, is to bring forward the protection for elephants as soon as possible? There is a real sense of urgency here.

David Cowdrey: Yes, I agree. With 20,000 elephants being killed every single year—around 55 elephants a day—this is poaching at an incredibly high, industrialised level. We saw in a three-year period between 2010 and 2012 approximately 100,000 elephants being poached. This is genocide for elephants on a vast scale. It is industrialised poaching to go to the markets. Something absolutely critical on enforcement is therefore needed. We need to acknowledge the scale of what is going on and the legislation needs to deal with elephant poaching urgently. Over the past two years, the work that the Government has done in preparing the Bill—gathering evidence about ivory markets and ivory poaching, and listening to people—has been absolutely critical in developing what we have in front of us today. So yes, we agree.

Cath Lawson: The urgency is because of the detrimental impact on elephants, but also because of the leverage value that the October conference offers. Having the legislation in place by then means we can maximise that leverage value.

Will Travers: I agree with both colleagues. I do not want to bombard the Committee with statistics, but one that always sticks in my mind is that Tanzania was regarded, for many years, as an elephant stronghold—it had the second largest elephant population on the continent. Yet between 2009 and 2014—in five short years—its elephant population fell from more than 100,000 to just over 40,000. That is 1,000 elephants poached every month for 60 months. That just gives you a sense of how once it reaches that kind of critical mass, once law enforcement has broken down to the level that the poachers are winning, the situation can go from hero to zero extremely quickly.

--- Later in debate ---

[Alex Chalk]

Q Stepping back from this a little, we know that, although the UK is showing global leadership on this matter, what will arguably move the dial most is what happens in huge markets such as China. To what extent are you able, at sub-governmental level so to speak, to reach out to counterparts in China to ensure that these measures dovetail with whatever is taking place in China, to ensure a truly global response that does not have loopholes?

Charlie Mayhew: If anyone had suggested back in 2014 that China would implement a ban there would have been disbelief around the table. The fact that they have gone to the extent of doing what they have done must be recognised and applauded. A great deal of credit goes to the Duke of Cambridge for the work he did on his visit to China and the conversations he had with President Xi on this subject. In that sense, the UK had significant influence in bringing about China’s ban.

We know that China is watching what the UK is doing; there has been plenty of evidence of that. By going ahead with the legislation we are proposing, we are at least backing up and endorsing China, which is the world’s biggest market for ivory. As was said earlier, we want to do everything we can to help China influence its neighbours; there is already evidence of the market displacing to some countries on China’s borders. It is good news that, although Hong Kong is working to a slightly longer timeline, it has indicated that it will impose a ban. Taiwan has done so as well, which is good. We need the other countries in the Asian bloc to follow suit; the UK taking this position now can only help to encourage that.

Alexander Rhodes: In terms of process, at a sub-governmental level we operate on the international stage in the same forums that Governments do at a governmental level—particularly, in this circumstance, through the CITES convention and IUCN. In terms of building international consensus, two international resolutions under the two international agreements stating that domestic ivory markets should be closed have been really important. The NGO community has been working closely, both together and with Governments, to try to build on and achieve those agreements, but ultimately, they are agreements between Governments.

As we look forward, although the market may close in China, there is real concern about some of its neighbouring countries. Those neighbouring countries need to come on board—first they need to agree that the domestic market should close, and secondly they need to do something about it. The UK Government will be in a much stronger position at the next CITES standing committee, and the run-up to it, if we stand shoulder to shoulder with other countries and tell them that that is what we think they should do, having ourselves passed this Bill .

[Liz Twist]

Q Let me return to the question of internet trading, which I understand is significant in this market. How can we enforce the ban effectively? Do you think the Bill already covers internet trading sufficiently, or are there more things we can do to ensure that we enforce the ban properly?

Charlie Mayhew: This is not my area of expertise, but some of our statistics suggest that through the auction houses, 91% of ivory lots sell for £400 or less. That market in trinkets and small stuff is the sort of thing you see all the time on the internet, and often the descriptions will not say “ivory”—or if they do they will say that the ivory is pre-1947. You have to do a test on ivory at quite considerable cost if you really want to know whether it is pre-1947. There is undoubtedly a big online market, and it should be covered by this Bill. Such sales tend to be items that are 100% ivory and they will not fall under the de minimis exemption. The question is to what extent the Government and enforcement agencies can realistically enforce the ban for online trading—I am sorry; that is beyond my paygrade.

Alexander Rhodes: The UK domestic trade in ivory impacts on elephants because we are the largest exporter of ivory pieces to China. From 2010 to 2015, 36,000 pieces of ivory were exported from the UK to China. The next country by volume after us was the US, with just over 9,000 pieces. We play a big role in this, and almost all of that is mediated over the internet. To my mind, if it were possible the Bill should say that ivory may not be bought and sold over the internet because that would make it so much simpler for the enforcement guys. It makes it cheaper and easier. If someone is selling ivory online, that should be the wrong side of the line so that they can be chased down.

[Liz Twist]

Q Would you extend that to areas that are otherwise exempt?

Alexander Rhodes: Yes. I agree with previous comments that the wording in the Bill does not quite reflect what was discussed in the consultation about the rarest and most important pieces of ivory. However, if a museum wants to buy a piece of ivory, which will necessarily fall in that category, it will not be buying it online. If a private collector is buying a piece that is of the rarest and most important type of its kind, they will not be buying it online. If you are buying a bit of inlaid furniture, you are unlikely to be buying it just online. You may see it online, but you are unlikely to be buying it online. The category of ivory that is traded online is the low-value Victorian stuff, which is being shipped overseas, where it contributes directly to consumer markets that are principally fed by modern, current ivory from elephants that are being killed as we sit in this room.

Under the current Bill, we can look at the provisions and enforce it for online trade. Fine. Why not just say you cannot deal in ivory online, which will make enforcement so much simpler? If one could achieve that, it would be the first prize.

[Liz Twist]

Q So you would like to see the Bill amended to reflect that?

Alexander Rhodes: Yes.

[Sue Hayman]

Q We have talked quite a bit about enforcement and implementation once the Bill is complete. There is so much potential for mis-selling and for misleading behaviour. We have talked about the internet. It is incredibly complicated. When this Bill becomes law, how fit is the judiciary to manage sentencing and stop this trade happening? Do we want guidelines attached to the Bill for the judiciary? Do we want training? What kind of sentencing do we need to stop it happening? I would be interested to get your thoughts on that.

Charlie Mayhew: Absolutely. As part of this Bill—I believe DEFRA is planning to do this anyway—we need a significant awareness programme, not only for the judiciary but for the general public. That is essential. Educating the public, the judiciary and the enforcement officers is absolutely essential.

We very much hope that, in the same vein that DEFRA has consulted us to date, it will be willing to consult us on the guidance notes. I fully endorse that. There is a desperately increasing need to educate the judiciary in African countries on enforcing the legislation against the illegal wildlife trade, poaching and so on. In some countries, they are more advanced than others. We see how important it is that the judiciary fully understands the scope of this Bill and how it is going to be enforced.

Alexander Rhodes: It is interesting that a number of the African countries that are members of the elephant protection initiative and others have been working hard with support from colleagues to develop prosecution and sentencing guidelines for wildlife crime, in particular in relation to the ivory trade.