Ivory Bill

Lord Goldsmith of Richmond Park Excerpts

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

[Sue Hayman]

If the right hon. Gentleman would like an annualised report and would like to discuss with the other place how that can be pursued after he has supported our proposal, I am sure that that is something that can be considered.

[Zac Goldsmith (Richmond Park) (Con)]

Of course there is merit in studying whether or not these measures work, but new clause 2 asks a very narrow question. Ivory is just one of many illegally traded products. There are all kinds of forestry products, as well as pangolins—1 million a year are traded. Rhino horns are traded to the detriment of that species. The ban is just one of many hundreds of initiatives that tackle the illegal wildlife trade. Why focus on one of hundreds of products, and one strand among hundreds of strands of work that we need to tackle the illegal wildlife trade? It seems reductionist, and probably not the best use of money or time.

[Sue Hayman]

In the same spirit, surely the hon. Gentleman would support new clause 1, which expands the scope of species that are covered. We could say that the Government have a narrow focus in looking only at elephants.

[Zac Goldsmith]

I look forward to hearing the Minister speak and to a commitment that the ban will extend to other species. My concern about new clause 1 is twofold. First, I am not a lawyer, but I share worries, based on what I have heard, that we might unsettle the Bill by making it susceptible to judicial challenge. Secondly, the new clause looks only at CITES species that bear ivory, but there are other species that bear ivory. The warthog would be decimated if it became the legal option for people who wanted ivory, and the mammoth is a concern. Yes, I know that the mammoth is extinct, but it has become an enormous source of laundered ivory. There is a legitimate mammoth trade, as the hon. Lady knows, and it is used as an excuse or opportunity for smugglers to trade elephant ivory under that cover. That is a clumsy way of putting it, but it is a loophole that has been exploited mercilessly. I hope that my hon. Friend the Minister, when he makes the commitments that I am looking forward to, will make a commitment to extend the ban, subject to consultation, to all forms of ivory.

[Sue Hayman]

It is a shame that the hon. Gentleman did not serve on the Bill Committee, because he could have supported our amendment 12, which proposed much of what he has just said.

Looking at how we tackle the illegal trade effectively, hon. Members will agree that we need international co-operation, as I have said. In debate and in Committee, hon. Members have said that we need to look at how we work effectively with the Department for International Development in the communities where poaching takes place. Poverty and corruption drive the trade. We have seen in recent days a terrible example of that with the poaching of Bella, a 20-year-old white rhino with a young calf. Bella was dehorned in an effort to make her less of a target a week before she was shot dead by poachers at Kragga Kamma game park in the Eastern Cape. However, hunters sliced her face to extract the small amount of horn that remained. The grisly discovery of the mutilated carcase of a dehorned rhino, killed for less than one centimetre of horn stump, lying next to her calf underscores the depths of South Africa’s poaching problem. It also underscores the fact that poachers kill for very little ivory, which is why it is important to extend the scope of the Bill.

Will Travers, director of the Born Free Foundation, told the Bill Committee:

“In my view, there is a common linkage with our clear objectives in overseas development, which are to deal with poverty and to provide opportunity...If we are not investing in the protected areas where elephants and other species live, we are not doing a great service either to the species we wish to protect or to the people who live literally downstream from those protected areas.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 9, Q12.]

International leadership and commitment are needed from DEFRA. I sincerely hope that the Minister will agree to support new clause 2, which would make meaningful the commitment to international action on the illegal ivory trade.

Government amendments 3 and 4 bear an uncanny resemblance to amendment 12, which Labour tabled in Committee, as I mentioned. Labour does not seek to oppose the Government amendments, as it is proper and right that the Secretary of State should have the discretion to include additional species, whether they are CITES-listed or not, at a later date depending on the evidence at the time.

I would like to make clear the difference between Government amendments 3 and 4 and Labour’s new clause 1. They are entirely different and in no way contradict one another. Government amendments 3 and 4 seek to provide powers for the Secretary of State to add CITES and non-CITES listed species to the definition in future if the Secretary of State so wishes. The amendment does not compel or require the Government to do so and it does not specify a timeframe. It is therefore important that both Government amendments 3 and 4, as well as new clause 1, are adopted today to protect the most at risk CITES species as a priority within the next 12 months, as well as providing the Secretary of State with the discretionary powers to include species at an future time if necessary.

This House is united in its determination to clamp down on the ivory trade. Labour’s 2017 election manifesto made a clear commitment to a full ban on ivory sales, and I welcome the Bill today. It is an important step forward in protecting elephants and starting to tackle this appalling trade. The Committee stage was conducted in a spirit of working hard and being constructive together. I recommend both Labour’s new clauses and the Government amendments to the House. We need to close any loopholes in the Bill that might further endanger the walrus, narwhal, sperm whale, killer whale and hippo. I have tried hard to work constructively with the Minister. I ask that he take our concerns and our new clauses very seriously. I urge the whole House to support Labour’s new clauses 1 and 2 today.

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I welcome the fact that the Government amendment does not limit the animals that may be covered in the future simply to those registered as protected in CITES. I believe that they were won over by the excellent representations that my hon. Friend the Member for Bristol East (Kerry McCarthy) made very powerfully in Committee, when she said that we should look at this through the prism not just of protecting endangered species but of our moral obligation. We ought to be driving out poaching and the hunting of animals for the use of their body parts because it is morally reprehensible, whether the animals are endangered or not. I am grateful that the Government have taken that on board.

[Zac Goldsmith]

I am taking a leap here, but I do not think that any Conservative will have disagreed with anything that the hon. Lady has said. It seems to me that the only real difference between the Opposition and the Government—and this is a question, not a statement—is a matter of process. The aspirations are almost identical. The Government’s commitment is to go further than new clause 1 by going beyond the CITES species, but on that there is no disagreement between the two parties. The only issue, really, is whether the Opposition are willing to trust the Government to honour the pledge that we have just heard from the Minister, but that is it. This is not about the issue; it is a matter of trust and process. Does the hon. Lady agree with that?

[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.

[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.

[Zac Goldsmith]

I apologise for intervening again, but may I take up that last point? Subject to consultation—and it is inconceivable that those consulted would oppose the proposals; we have to assume that they would pass the test of public opinion—these changes could be introduced very quickly and easily by means of a statutory instrument. This does not require primary legislation; it would be a very simple procedure, and the measure would go through unopposed.

[Anna Turley]

I understand the hon. Gentleman’s point, but, conversely, I do not understand what his problem is with our new clause. We want to make the change here and now, and I have heard no sustained or reasonable explanation of why we need to delay.

[Zac Goldsmith]

Will the hon. Lady give way?

[Anna Turley]

I will take one more intervention, but then I must make some progress.

[Zac Goldsmith]

I will not support the new clause because I think that the Government’s commitment goes further, and, fundamentally, I have no reason to disbelieve the promise that the Minister has just made. The Government will consult on extending the ban, and I have no doubt that the British people will respond to that consultation properly and positively. The statutory instrument will then be introduced. There is no reason for any Conservative Member to question what I think has been an impeccable track record on the part of DEFRA over the last year.

[Anna Turley]

The hon. Gentleman is right—the principle of the Government’s amendment, which broadens the CITES endangered species definition, is important and we support it—but I do not understand why he cannot support both. They are not mutually exclusive. We would really like to press on with this today, and there does not seem to be any reason for hesitation—other than work and effort, I am afraid.

Finally, let me say something about resources. In Committee, I was shocked by the lack of resources to back up the Bill. The Border Force CITES team at Heathrow has only 10 members of staff, although it is currently dealing with more than 1,000 seizures a year. The police National Wildlife Crime Unit has only 12 members of staff, despite dealing with all forms of wildlife crime from deer poaching to thefts of birds’ eggs, and no funding has been allocated to it beyond 2020. I think it reckless and irresponsible for the Secretary of State to introduce the Bill without having secured or committed resources to ensure that it can be properly enforced. There is a danger that this important Bill will be rendered hollow and unenforceable, and I hope that the Government are working to address that and give us some funding commitments.

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[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.

[Zac Goldsmith]

I want to thank and pay tribute to my right hon. Friend for having taken this issue from somewhere near the bottom of the agenda four years ago and catapulting it to the top at the first illegal wildlife trade conference in 2014. That was really seismic, and it moved the dial on this issue unlike anything that had gone before. Does he agree that the 2018 conference in October will be an opportunity to go further still, not just by demonstrating our own commitment but by getting other key countries—particularly Asian countries such as Laos, Cambodia, Vietnam, as well as members of the European Union—to make the same commitment that we are making here in this House today? This needs to be a global challenge, not simply a British one.

[Mr Paterson]

I thank my hon. Friend for his kind comments. It would be invidious of me not to mention my two other Cabinet colleagues at the time. One is now the right hon. Lord Hague of Richmond, and when I came back from Lewa in Kenya, he was as sharp as a tack and immediately got the point of the problem. DEFRA and the Foreign Office worked extremely closely to put the conference together. I also want to give credit to my right hon. Friend the Member for Putney (Justine Greening), who was really helpful from the DFID point of view. She saw the necessity for long-term sustainable economic activity in these areas, where there is a real danger of the value of wildlife not being appreciated. The advantage that I saw in Lewa, which I touched on at Second Reading, is that having rangers and properly protected wildlife creates a virtuous circle by bringing stability to the cattle industry, where the locals have been poaching each other’s cattle for centuries.

My hon. Friend the Member for Richmond Park mentioned the conference, and he was right to say that it is vital to get the Bill through in time for that. I went to the FCO a couple of days ago, and I was delighted to see the preparations for the conference. More than 70 countries have been asked so far, which is marvellous. I think we had 42 countries at the previous one. It is really important to get across how much co-operation there is between all sorts of countries that we could not possibly expect to be co-operating so closely. When I was in Moscow, the Minister there stressed how well the programmes with the Chinese Government were going on protecting the snow leopards in the Amur mountains. We got co-operation across the board at the conference, which was a unique event, and I very much hope that this autumn’s conference here will have a similar boost and a similar impact. However, we can only go to it and look people in the eye if we have got this legislation through.