Ivory Trade

Lord Gardiner of Kimble Excerpts

Thursday 21st December 2017 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I am most grateful to my noble friend for securing this debate on ivory. The protection of endangered species around the world is a priority for this Government, as we reaffirmed in our manifesto earlier this year. Key to protecting endangered species is tackling the demand for wildlife products such as ivory.

The noble Lord, Lord Hogan-Howe, showed his humanity, courage and experience during his maiden speech. I am sure your Lordships would all agree that it is no surprise that the noble Lord is a Member of this House. His experience will be invaluable on so many matters.

As the noble Baroness, Lady Jones of Whitchurch, said, the illegal wildlife trade is a serious criminal industry. The illicit nature of the trade makes it challenging to value precisely. However, it is estimated to be worth up to £17 billion a year globally. It not only threatens some of the world’s most iconic species, such as elephants, with extinction, but damages economic growth and sustainable development. It is fuelled by corruption, which in turn undermines good governance and the rule of law.

The UK is committed to playing a leading role in tackling the illegal wildlife trade and the trade in illegal ivory, and we are working with our international partners to protect endangered species. The proposed ban on UK sales of ivory, and on its import and re-export, should build on the range of actions we already undertake across Africa and Asia, both to protect elephants and to tackle the demand for ivory. Already, as a matter of policy, we do not issue export permits for raw ivory—in other words, tusks—of any age. Our proposed ban will go even further than this. We want to bring an end to the poaching of elephants, and our proposed ban demonstrates that we are willing to take direct action in the United Kingdom.

Elephants are an important and iconic species that are revered by many people both in this country and across the world. They are extraordinary and emblematic creatures, playing a key role in the ecosystems of their range states. They disperse seeds crucial for new plant and tree life to grow. In forested areas they create gaps in the canopy, encouraging tree regeneration, and in the savannahs they clear tree and shrub species, allowing grass to grow which in turn provides food for other species. They are, therefore, essential to the very essence of the countries where they live.

The noble Lord, Lord St John of Bletso, spoke of the forest elephants, yet every year the population of African savannah elephants alone declines by 20,000, primarily due to poaching. If this rate of poaching continues, elephants could become extinct within decades in some African countries. It is surely our duty to act to help protect this iconic species and assure its future in the wild. Indeed, the noble Baroness, Lady Bakewell of Hardington Mandeville, and the noble Lord, Lord Stevens of Kirkwhelpington, spoke movingly of their experiences. Indeed, I shall never forget seeing families of elephants in Africa in happier circumstances.

The noble Lord, Lord Purvis of Tweed, spoke of the economic issues. The loss of elephants would deprive some of the poorest countries in the world of an invaluable natural asset, affecting economic growth and sustainable development. Research suggests that around £25 million in economic benefits each year for local communities has been lost because of the effects of poaching on tourism, especially in the savannah areas of east, southern and west Africa.

We must do everything we can to make sure that future generations do not inherit a world without elephants. It would be the worst of indictments on the human race and our generation if elephants no longer roamed in the wild. That is why, on 6 October, my right honourable friend the Secretary of State announced proposals to ban the sale in the UK and the import or re-export of items containing ivory that contribute directly or indirectly to the poaching of elephants. The proposals, on which we are currently publicly consulting, are designed to put the UK front and centre of global efforts to end the insidious trade in ivory. The Government are currently consulting on our proposals to ban UK sales of ivory. The consultation will end on 29 December, and I hope your Lordships will accept that I am not in a position to comment on the final scope of the proposed ban or, indeed, on how any exemptions could be defined at this juncture.

Turning to our proposals, as a starting point we aim to implement a total ban on UK sales of ivory where such sales could continue to contribute directly or indirectly to poaching today. We believe that only by taking robust and decisive action can we play our part in ending this appalling trade. My noble friend Lord De Mauley spoke of the 1947 cut-off date in the current regulations. We set out in our proposals that our intention is to ban all sales of ivory, regardless of age, unless an exemption applies, and that we intend our ban to go further than present rules.

We also recognise that there is a case for some items to be exempt from the ban, where the sale of such items would not contribute to the continued poaching of elephants and where a ban would be unwarranted. We have proposed four categories of exemptions: musical instruments; items containing a small amount of ivory; sales to and between museums; and items of historic, artistic or cultural significance. There have been suggestions today about how we might define these exemptions, such as a de minimis exemption defined as a specified percentage of the item by volume. My noble friend Lord De Mauley spoke of this. My noble friends Lord Carrington of Fulham and Lord De Mauley also spoke of portrait miniatures as a potential exemption. I hope noble Lords will understand that it is not possible for me to respond on these points, as the consultation is still ongoing.

My noble friend Lord Carrington of Fulham raised the important issue of protecting cultural heritage and suggested that items may be destroyed as a result of the proposed ban. Indeed, my noble friend Lord Cormack spoke of many examples of artistry. The proposed exemption for items of significant historic, artistic or cultural value would recognise that some items which contain, or are made of, ivory have an intrinsic value unrelated to their ivory content, be it the artistry or the historical provenance.

Through the consultation, we are working with the arts and antiques sectors, museums, environmental organisations and other interested parties to define the scope of the exemptions, such as our proposed exemption for items of historic, artistic and cultural value. I commend the constructive engagement that we have had from all of these sectors so far.

My noble friends Lord Carrington of Fulham and Lord Cormack spoke of a vetting or licensing system as a way to make sure only rare and important items can be sold under this exemption. We will consider all these proposals, of course, alongside those arising from the consultation.

I must emphasise that our objective is to protect elephants, and we want our ban to support that aim. We recognise that certain items cannot be said to fuel the modern-day demand for ivory that in turn fuels poaching, and we want to define our exemptions through the consultation so that they do not detract from our overarching objective. Similarly, we wish to work with all interested parties to develop effective and proportionate compliance and enforcement arrangements so that loopholes cannot be created or exploited.

We are not proposing to ban the ownership of ivory or that items should be destroyed. Many people will continue to use items containing ivory regardless of the ban on sales, and the gifting, bequeathing and inheriting of items that contain ivory will continue. We also do not intend to affect the ability of museums and other institutions to display ivory items to the public if they so wish.

By implementing a ban on the sales of ivory in the UK, we will help to lead global action to protect this iconic species. We will send a clear signal that the trade in ivory should be consigned to history and that we will not tolerate the trade in items that could fuel continued poaching. It will confirm to our partners around the world that we support their actions to stamp out the trade and, we hope, encourage others to follow suit. To our partners in the elephant range states of Africa and south Asia, it will confirm our support for their work to tackle poaching.

The majority of the modern-day demand for ivory comes from east Asia. Banning all but a very limited number of sales in the UK will greatly reduce the amount of ivory exported to this region, ivory which may serve to reinforce the status of the material or which may even be recarved to suit local markets. The proposed ban should also remove the opportunity for criminals to launder new or freshly poached ivory through the UK’s legal markets.

I very much register what the noble Earl, Lord Erroll, said about the need for global action. We welcome measures taken by other countries—a number of your Lordships mentioned China, currently the world’s biggest demand market for ivory, and its forthcoming restriction on the domestic ivory markets. It is only through such international commitment and global co-operation that we will end this brutal trade. Our proposals will be among the toughest in the world.

The noble Earl, Lord Erroll, raised the question of prices. There is early evidence to suggest that ivory prices have already started to fall in China since the announcement of the ban.

The noble Lord, Lord Purvis of Tweed, also mentioned China and the demand in markets. It is absolutely correct that the UK needs to exert all diplomatic pressure and soft power in this area. My right honourable friend the Foreign Secretary raised this very issue with his Japanese counterpart only last week, and we continue to fund projects aimed at reducing demand in a number of east Asian countries.

I should also say to the noble Baroness, Lady Jones of Whitchurch, that my right honourable friend the Secretary of State for Defra will be speaking at a parliamentary reception with the Chinese embassy next month to mark the implementation of China’s ivory ban. This is an example of collaboration, which is absolutely essential.

A number of noble Lords—particularly, on the Opposition Front Benches, the noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Jones of Whitchurch—asked about next steps. As has been said, our consultation will end on 29 December, and we will look to publish a response to it shortly afterwards. I shall ensure that Defra considers the contributions that your Lordships have made today when finalising our proposals. We will need to implement our proposals through primary legislation, so there will need to be a Bill as soon as parliamentary time allows.

Our proposed ban should be seen not in isolation but as part of a comprehensive response to protect elephants and other endangered species. I am particularly grateful to my noble friend Lord De Mauley, my predecessor at Defra, whose experience of these matters has been very real. Four years ago, the UK held the first conference of global leaders on the illegal wildlife trade, IWT, in London. It was a marked success, and every attending country committed to a combined attack on the driving forces behind the illegal trade in wildlife, including ivory. Leaders agreed to recognise poaching and illicit trafficking as serious crime within national legislation. Several countries also introduced strict measures to halt the flow of illegal products, such as ivory, into their markets.

Our approach to tackling IWT includes supporting sustainable livelihoods, strengthening law enforcement and legal frameworks, and reducing the market. To support our global leadership on tackling illegal wildlife trade, Defra is investing £26 million to tackle IWT in countries that are most affected. We are providing funding to Interpol to expand its work on tracking and intercepting illegal shipments of ivory, rhino horn and other illegal wildlife products.

The noble Lord, Lord St John of Bletso, referred to Defra funding the British military to provide tracker training for park rangers in key African countries, helping to ensure their effectiveness and safety while working to prevent elephants being poached for their ivory. I thank the noble Lord for his appreciation of the sterling work undertaken by members of the British Army in training rangers in Gabon, and we should be proud of their work and their achievements.

As my noble friend Lord De Mauley and a number of your Lordships said, next October we will be hosting the fourth international conference on tackling IWT. To be effective in tackling IWT, it is vital that Governments work with the private sector, academia and civil society. The conference will be a key opportunity to bring our combined expertise, innovation and technology to bear on this issue, and to maximise support for and action by countries directly affected by this criminal trade.

I hope it is clear from what I have said that tackling the illegal wildlife trade is a priority for the Government. The UK has been at the forefront of driving global efforts to safeguard the world’s most vulnerable species. This Government’s proposed ban on UK ivory sales reflects our continued commitment. We recognise the case for some limited exemptions from the ban, including in relation to the cultural heritage of certain ivory items. We are specifically inviting views on that as part of our current public consultation. The Government cannot predict the outcome of the consultation, but we are clear that the purpose of our ban is to the stop the brutal assault on these iconic creatures.

A ban would help to close legal ivory markets and therefore help to reduce the price of ivory and thus the incentive to poach, helping to prevent the killing of thousands of elephants each year. I hope noble Lords will agree that this is the right thing to do and will demonstrate the UK’s commitment and leadership in our efforts to conserve one of the world’s most iconic, beautiful and threatened species. Surely that is our first priority.