Ivory Bill

Debate between Lord Gardiner of Kimble and Lord Wallace of Tankerness

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 12th September 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I express my gratitude to the Constitution Committee for publishing its valuable report, which raised some important points regarding the powers conferred by the Bill on accredited civilian officers. I place on record that I am most grateful to the noble and learned Lord, Lord Judge, for meeting me and officials so that we could discuss and, in turn, reflect on the concerns that he and the committee expressed. I am also mindful of the amendments tabled by my noble friend Lord Cormack.

The issue of enforcement is critical and I am sure that the Committee would agree that it is paramount that the enforcement of the ivory ban must be both proportionate and robust. As noble Lords will be aware, when I refer to accredited civilian officers, I am referring to the officers of the regulator, which will be the Office for Product Safety and Standards. OPSS is part of the Department for Business, Energy and Industrial Strategy. It is an experienced enforcement body that currently enforces a range of regulations on behalf of the Government, including regulations on timber, biodiversity, waste and chemicals, and carbon reduction. For example, OPSS ensures that timber traders are complying with the regulations to ensure that their products are made from legally sourced timber.

OPSS also has experience of co-working with the police, the National Wildlife Crime Unit and Border Force, which will also play a critical role in the enforcement of the ivory ban so that we make sure that the enforcement is effective and that all parties are clear on their role and remit. For all those reasons it was considered to be the most appropriate regulator.

[Lord Wallace of Tankerness]

I am interested to hear examples of the work set out in the letter to which I referred, but can the Minister tell us—this reflects the question asked by the noble Lord, Lord Norton—about the underpinning statutory basis? Which Acts relate to, for example, EU timber regulation, which underpin any work done by the Office for Product Safety and Standards?

[Lord Gardiner of Kimble]

I am waiting for some assistance to give some precise detail, but clearly, with the timber trade, there must be some legislative basis on which we ensure that timber is legally sourced. If I do not receive the full detail for the noble and learned Lord, I will of course write to him and place a copy of my letter to him in the Library.

Our intention is to ensure that the Ivory Act will be well understood and abided by and, to that end, to define clear roles for the accredited civilian officers, police officers and customs officers. For example, we expect accredited civilian officers to raise awareness and assess compliance with the ban. As such, they will play a critical but distinct role from the police. It is our intention that the accredited civilian officers will focus on low-level offences, while the police will be responsible for pursuing higher-level offences and all criminal offences. Clear protocols between the enforcement bodies will be in place ahead of the commencement and will underpin effective joint working to ensure the effectiveness of the Ivory Act.

The Constitution Committee’s report provided a number of extremely useful recommendations on how we could more clearly define the role of accredited officers in helping to enforce the ivory ban. I would like to assure all noble Lords that we are fully seized of the importance of this issue and are looking carefully at how we might consider these points further on Report.

The Constitution Committee’s recommendations also included a point about the Regulators’ Code. This is a statutory code of practice provided for by the Legislative and Regulatory Reform Act 2006. It sets out the Government’s expectations of how regulators will behave and expands on the statutory principles of good regulation. For example, regulators subject to the code must ensure that activities are carried out in a way that is transparent, accountable, proportionate and consistent, while regulatory activities should be targeted only in respect of cases where action is needed.

In practice, either a regulator or the piece of legislation that is being regulated can be listed under this Act via secondary legislation under Section 24(2) and therefore be subject to the code. A number of existing pieces of legislation that OPSS regulates—I am waiting on the detail for the noble and learned Lord—are subject to the Regulators’ Code and therefore OPSS adheres to the code in these cases. We are considering further the recommendation raised by the Constitution Committee with regard to the Regulators’ Code.

Brexit: Fisheries Management

Debate between Lord Gardiner of Kimble and Lord Wallace of Tankerness

Tuesday 20th March 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, clearly Her Majesty’s Government are seeking a deal and an arrangement. As is plainly obvious, at the end of the day this will involve a huge amount of work and we will all need to see how that goes. Our intentions are in good faith. We want there to be a deal. We think that it is in the interest of this country and, indeed, of the EU 27 that we come to a reasonable, responsible deal.

[Lord Wallace of Tankerness (LD)]

My Lords, the Minister has on three occasions, I think, emphasised the fact that the quotas will remain the same during the transition period. From my recollections of times past, during the December negotiations one of the most important arguments and discussions was on the size of the total allowable catches to which the quotas apply. What will be the role of British Ministers and officials in the 2019 discussions on total allowable catches?

[Lord Gardiner of Kimble]

My Lords, I was very clear about the UK’s “share” of the quota. Obviously that goes back to the issue of sustainability. As the noble and learned Lord will know, at the Council there is a discussion about catch sizes on the basis of proper consideration of the analysis of the fish stocks. This is why I precisely said “the share” in the 2019 Council—I said it specifically for that reason.