Hunting Trophies (Import Prohibition) Bill

Lord Benyon Excerpts

Committee stage
Tuesday 12th September 2023 Lords Chamber

[Baroness Fookes (Con)]

My Lords, we have already spent a considerable time on this first amendment. I take what I think is a minority view about the purpose of Committee: it is to look, in detail, at amendments to improve a Bill or reject various parts of it, as the case may be. Speeches should be closely argued on the amendment concerned, or the amendments if they are grouped, and they should be concise. The time spent on this amendment has been miniscule in comparison with the time spent on what were, in effect, Second Reading speeches. I am sorry, but I deplore that as a Committee issue.

I turn then to the actual amendment. It gives the Secretary of State the requirement, not just once but each year, to make

“a statement in writing to the effect that, in the Secretary of State’s view, its operation will not cause unintended and perverse consequences for wildlife conservation”.

I once chaired the Delegated Powers and Regulatory Reform Committee, and I was always very wary of giving the Government, Secretaries of State or anybody else unfettered discretion to do things. This seems to me to fall into that category, because there is not even a whiff of parliamentary scrutiny. For that reason, I am very much opposed to this and, as I wish to be concise, I will sit down and leave the Minister to speak.

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, I thank the noble Earl, Lord Caithness, for tabling and moving this amendment, and the other Peers who have proposed amendments. However, I must say that the Government are disappointed that the House has not thus far been able to agree a way forward for this important legislation. My experience is that there is always a deal to be done, and I hope we may yet find some way forward. I was interested to hear the words of the noble Lord, Lord Turnbull, whose experience in these matters is hugely valued. I will take up any opportunity to find a way forward.

[Lord Mancroft (Con)]

I thank my noble friend for giving way; I am most grateful. I too would like to have found a way forward, which is why I made clear what my proposal was on 16 June at Second Reading. I am very sad that my noble friend Lady Fookes has declined to discuss it with me. I asked on three occasions, but she felt she could not—that is her right, of course. I also rather regret that over two and a half months, the first squeak I heard out of the Government was last week, and no proposal or ability to find common ground was offered. The only direct approach I had was yesterday, 24 hours before Committee. That is no way to find agreement; nevertheless, my door is open and I look forward to agreement, because most of my noble friends here do not wish to kill this Bill. We would like to see a good Bill on the statute book.

[Lord Benyon (Con)]

I thank my noble friend and understand the point he makes. Like other noble Lords, I commend my noble friend Lady Fookes for her commitment to this Bill and her hard work to support it.

I shall set out the Government’s position on the Bill and speak to the issues raised by a number of amendments. First, as noble Lords will know, the Bill before us would deliver our manifesto commitment to ban the import of hunting trophies from endangered animals. I recognise that this is a controversial proposal in this House, and I accept that there is a range of views and evidence on trophy hunting, including that it can be beneficial in conservation terms and for local livelihoods if well managed. The Government’s position, having listened to a number of different sides and gone through all the options, is that an import ban is the best way forward. An import ban would address the public’s concern about imports of hunting trophies, delivering a policy that is clear, comprehensive and practical to implement and enforce.

This is why we have a problem with the so-called “smart ban” amendments put forward, such as Amendment 14, tabled by the noble Lord, Lord Hamilton of Epsom and the noble Earl, Lord Caithness; Amendment 19A, tabled by the noble Earl, Lord Caithness; Amendment 34, tabled by the noble Lord, Lord Mancroft; Amendment 39, tabled by the noble Lord, Lord Lucas; Amendment 40, tabled by the noble Lord, Lord Robathan; and Amendment 41, tabled by the noble Lords, Lord Bellingham and Lord Roborough. What is being proposed in those amendments is effectively a licensing system based on criteria about conservation impact or wildlife management practices and regulations. That is, broadly speaking, what we already have in place. The effect of these amendments would be to negate the purpose of the Bill.

There are a great number of amendments which deal with items in scope of the ban, concerning changes to the definition of a hunting trophy or the species, items or conditions under which a hunting trophy would be subject to the ban. This includes Amendments 3 to 7, 9, 10, 12, 15 to 18, 20 to 28, 31 to 33 and 35 to 38, in the names of the noble Earls, Lord Leicester and Lord Caithness, the noble Lords, Lord Lucas, Lord Hamilton, Lord Swire, Lord Robathan, Lord Reay, Lord Howard of Rising and Lord Roborough, and the noble Viscount, Lord Trenchard.

The definition of a hunting trophy used in the Bill, in Clause 1, is consistent with the definition agreed by CITES and is already used by our authorities for CITES controls. Our current controls would continue for imports that are not hunting trophies. There is already provision in the Bill for consideration of imports for scientific or educational purposes, for example for the import of items for personal use that were not obtained through hunting. The scope of species is clear and comprehensive. Annexes A and B of our wildlife trade regulations implement appendices 1 and 2 of CITES in Great Britain. They cover species at risk from international trade, including elephants, giraffes, rhinos, big cats, bears, primates and hippos.

--- Later in debate ---

[The Earl of Caithness (Con)]

My Lords, this is a very simple amendment. It makes Clause 1 subject to Clause 4, which relates to the advisory committee, which we will come on to discuss in some detail. I think it is a very flawed clause of the Bill, which needs amendment. The point of this amendment is simply to make certain that the advice will be understood and taken on board by the Government when it comes to the implementation of Clause 1 of the Bill.

It is very depressing that the Government have turned their back on and totally ignored the information from their advisory body, the JNCC. It has set a bad precedent. It has undermined the JNCC and has reduced the efficacy of the Government’s work on conservation abroad. It is a very damaging decision that the Secretary of State has taken, against normal precedent. I hope therefore that, by my simple amendment, at least the consideration of the advisory board will be taken a little more seriously by the Government than they are taking advice at the moment. I beg to move.

[Lord Benyon (Con)]

My Lords, I have already set out the Government’s position on this matter in my response to an earlier group. I have no further comments to make, and I will not be supporting this amendment. I hope that the noble Earl will withdraw it.

[The Earl of Caithness (Con)]

My Lords, I am grateful for all the support around the Committee I have received on that one. In view of the brief but factual reply from my noble friend the Minister, I am happy to withdraw this amendment.

--- Later in debate ---

[Lord Mancroft (Con)]

Does that mean that my noble friend thinks that we should have trophy laws for domestic animals?

[Lord Benyon (Con)]

My Lords, I do not wish to add to what I said earlier, but my noble friend has asked me something specifically. There are considerable concerns about the hunting of captive bred animals, including what is termed “canned hunting”. Such trophies should not be exempt from the import ban. The concept of what most of us imagine canned hunting to be is one that excites all our wrath and indignation about a practice that, in risk terms, is like shooting a cow in a field. I entirely understand, and I think that everybody is keen to find a way in which to differentiate it.

We could find ourselves dancing on the head of a legal pin here. What is an enclosure? There could be a small enclosure the size of this room, which would of course be ridiculous; there are also hunting concessions that are fenced in and, effectively, a managed population of animals. I do not want to get into that debate or make legislation that would create circumstances in which a court would be sought to adjudicate that legal definition. Therefore, I cannot recommend that this Committee supports this amendment, and respectfully urge the noble Earl to withdraw it.

[The Earl of Leicester (Con)]

My Lords, I thank those noble Lords who have taken part in this debate, particularly the noble Lord, Lord Bellingham, who highlighted many examples around the world, and the noble Lord, Lord Mancroft, who highlighted the importance of differentiating between wild and captive animals. However, like my noble friend Lord Caithness, I will not seek to divide the Committee on this issue. I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Fookes (Con)]

My Lords, your Lordships will probably not be surprised that I do not agree with my noble friend Lord Mancroft on this. I prefer the fact that there is a wider scope with the wildlife trade regulations annexes A and B. If they do not cause a problem, nobody will worry about that. I was amused by my noble friend Lord Mancroft and his molluscs, but I really do not think it is of any significance whatever. However, what I do notice is that as we go through the various amendments, a little bit here and a little bit there is chipped away, and if they were all accepted, we would see something very different indeed. Therefore, I stand by the Bill as it stands.

[Lord Benyon (Con)]

My Lords, I set out earlier my thoughts on these amendments. My noble friend Lord Lucas is a very intelligent and assiduous parliamentarian and raises an important point. But I suggest that this amendment is not necessary, because the species in scope are provided for in Clause 2. Notwithstanding what my noble friend Lord Mancroft says, that is for the simplicity of the functioning of the Bill, so I hope I can persuade my noble friend Lord Lucas to withdraw his amendment.

[Lord Bellingham (Con)]

I will just add on that last point: surely we should stick to the manifesto commitment, which is on endangered species. That is what we said in the manifesto. Maybe the Minister could stand up again and answer that point. Widening it in this way in Clause 2 to the 6,200 species goes far wider than what we committed to in 2019.

[The Earl of Caithness (Con)]

My Lords, to follow that up, it seems strange that my noble friend the Minister lamented that there was not a compromise on the Bill—that was when he started his reply to me on my first amendment. The Bill as presented before us is much wider than the manifesto commitment. Surely this would be an area in which a sensible compromise, achieving the aims of those of us who wish to improve the conservation of animals throughout the world and what the Government seek to do, is a possibility. If my noble friend was serious in saying that he laments the lack of a compromise, he ought to tell us where he thinks a compromise might be.

[Lord Benyon (Con)]

My Lords, one of the reasons I enjoy being in this House is that we have to achieve compromises in so many things. I try to work across the House to try to get half a loaf rather than no loaf at all. Here we are trying to achieve something that is workable. Annexes A and B of our wildlife trade regulations implement appendices 1 and 2 of CITES in Great Britain. They cover species at risk from international trade, listing nearly 6,000 species, as has been mentioned. These include elephants, giraffes, rhinos, big cats, bears, primates and hippos. By covering all animal species in annexes A and B of the wildlife trade regulations, we are removing any possibility of permitting the import of a hunting trophy from these species into Great Britain. Estimates of the number of species that are trophy hunted vary, but they are in the hundreds rather than the thousands. The Bill would apply to hunting trophies from all annexe A and B species. That is clear and comprehensive, avoiding confusion about what is or is not covered. Current rules on importing hunting trophies similarly apply to all annexe A and B species.

[The Earl of Caithness (Con)]

I wonder whether my noble friend would give consideration to answering the question I put to him.

[Lord Benyon (Con)]

We are seeking to implement the manifesto commitment.

[Lord Lucas (Con)]

My Lords, I am naturally disappointed in that, but I shall not give up during the course of rest of this Committee trying to find other ways in which we might reach a compromise and a way forward.

I reassure my noble friend Lady Fookes that I view these amendments as alternatives—different ways of dealing with what I regard as a Bill that has gone too far. I do not wish it to die a death by a thousand cuts; I wish it to flourish as an effective and important piece of legislation. I think it needs improving but, given the Minister’s response, I beg leave to withdraw my amendment.

--- Later in debate ---

[The Earl of Caithness (Con)]

My Lords, having listened to the debate so far, I think that this amendment is slightly closer to Amendments 14 and 33, which are in my name, so it might be for the benefit of the House if I say my remarks now rather than repeating them at a later stage—if such a thing happens.

The Government have not told us why the present licensing system does not work. I think it is important for us to recall and think about how the present licensing system works. If anybody wants to import a trophy into the UK from a species that is listed in CITES appendix 1 or 2, there is a requirement for an export certificate from the country and an import certificate from the UK. The issuance of these certificates is based on a science-based assessment that there will be no harm to the species—that is worth stressing. In CITES terms, this is called a non-detriment finding, or NDF.

In the UK, implementation of CITES happens domestically via the principal wildlife trade regulations referred to in the Bill. The two annexes of the wildlife trade regulations that are referred to, annexes A and B, are broadly aligned with the CITES appendices. In the UK, the JNCC, as I have said before, is the relevant public body for overseeing imports of animal species, including hunting trophies. For any species listed on annexe A, JNCC is required to determine, first, that the import will not have a harmful effect on the conservation status of the species or on the extent of the territory occupied by the relevant population of the species—this is the NDF—and, secondly, that the import is taking place for one of the purposes referred to in CITES Article 8(3): that is, for research, for education, for breeding aimed at the conservation of the species, or for other purposes that are not detrimental to the survival of the species concerned.

The JNCC has interpreted other purposes that are not detrimental as including hunting trophies—as long as trophy hunting is part of a careful species management plan that should, as appropriate, be based on sound biological data collected from the target populations; clearly demonstrate that harvest levels are sustainable; be monitored by professional biologists; be promptly modified if necessary to maintain the conservation aims; demonstrate that illegal activities are under control; produce significant and tangible conservation benefits for the species; and provide benefits to, and be in co-operation with, the local people who share the area with, or suffer by, the species concerned.

For species on annexe B, the measures are less strict since, by definition, the species on this annexe are less threatened by trade, and no certificate is required other than for six exceptions: the African lion, African elephant, argali sheep, hippopotamus, polar bear and white rhinoceros. For these species, the UK has the equivalent stricter measures that it applies to annexe A species, meaning that import permits are required—including an NDF. Thus, if a hunting trophy has been issued with an import certificate by JNCC, we can be confident that this is because due process has been followed: a non-detriment finding assessment has been conducted and the assessment has indicated there is no risk to species survival.

This Bill is about conservation and preventing the further endangerment of threatened species. The system in place under CITES already performs this function through a process that has been agreed multilaterally by over 180 countries. The Bill does not need to concern itself with those species that are not under annexes A or B. I have an amendment coming up to delete annexe B. However, the amendment before us is a better one and I would be very happy to support it should it be taken to a Division. However, if it is not, I give notice to my noble friend the Minister that I will wish to divide on my amendment in due course.

[Lord Benyon (Con)]

My Lords, as I said earlier, I spoke at some length on the first amendment and covered many of these points. However, to address this precise amendment, it would narrow the scope of the ban to species considered threatened on the IUCN red list. Where this assessment identifies trophy hunting as a threat, it would remove the power for the UK Government to determine species in scope, which the Bill currently does through annexes A and B of the wildlife trade regulations. This amendment contradicts Clause 2, which clearly sets out the species in scope of the import ban and would remove the power for the UK Government to determine species in scope. With that in consideration, I respectfully ask my noble friend to withdraw his amendment.

[Lord Robathan (Con)]

My Lords, I note that almost all the speeches have been in favour of this amendment. That is because it is about conservation. I am a conservationist—I think everyone who has spoken is a conservationist—but this Bill, which my amendment aims to improve, is not about conservation. I find that very distressing—I really do.

The two noble Baronesses on the Front Bench said that they had letters from people supporting a trophy Bill when they were in the Commons. They may have done, but I remember a rather dreadful organisation called 38 Degrees, which ran campaigns the whole time. I discovered that some of my constituents who wrote to me and emailed me on standard responses that were given by 38 Degrees had not even sent them themselves; they were sent for them. We all know how campaigns can work.

I am disappointed that the proposer of the Bill and the Minister do not think that we need to highlight conservation in this Bill. I was not going to divide the House because it is time for my bed; I am getting rather old.