Farming: Carbon Emissions

Lord Grantchester Excerpts

Tuesday 12th February 2019 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, clearly we believe that the production of high-quality food and enhancing the environment are eminently compatible. I absolutely understand what my noble friend has said. It is essential that, in all that we want to do, we work with farmers because they look after 70% of the land and we want them to help us produce food and enhance the environment.

[Lord Grantchester (Lab)]

My Lords, the whole food supply chain needs a partnership approach with research to relate to practical outcomes, on a similar model to that undertaken by the 10 sustainable farming groups set up by Tesco to build long-term relationships with farmers. What steps are the Government taking to ensure that the UK’s agricultural research is directly connected and translates to on-farm operations, with ambitious climate change measures, enabling farmers and the wider rural economy to benefit?

[Lord Gardiner of Kimble]

My Lords, research is essential, whether it is agritech or research into tackling endemic disease, which obviously affects livestock. For instance, we want to deal with bovine viral diarrhoea and salmonella in poultry and pigs. All the research will help us to reduce emissions, whether it is through low-emission fertilisers or whatever. In all that, we need to collaborate strongly.

Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

Lord Grantchester Excerpts

Wednesday 6th February 2019 Lords Chamber

[Baroness Parminter (LD)]

My Lords, I am grateful to be able to participate in this debate. I agree with the comments of the noble Lord, Lord Trees, that we all wish our veterinary surgeons to be of the highest standard and it is incumbent on us in this House to ensure that the public have the highest confidence in them. However, I disagree most strongly with his position that Brexit will be good for animal welfare and the veterinary profession.

We need to reflect on the very real challenge posed by Brexit about how we will get the number of vets that we will need in future. I will come on to the specific issue of no deal, where there are particular issues about how we will get the number of vets, but I echo the comments from the noble Lord, Lord Trees, that it would be wonderful if the Government could confirm tonight that vets will be added to the shortage occupation list. This would allay some of those concerns. Given that 50% of normal vets and 95% of vets in slaughterhouses come from Europe at the moment, how we ensure that we get qualified vets in the UK in future is absolutely critical. Although the Minister and the noble Lord, Lord Trees, mentioned that, at the moment, only 13% of applicants come from colleges and veterinary schools around Europe which are not accredited, that is still a significant number and these regulations will create more barriers and fees. On top of that, if the Government keep to their stated immigration limits, there is a real risk that we will not have enough vets post Brexit.

That is particularly the case if we have a no-deal scenario. It was sobering to read the comments of the former Chief Veterinary Officer, Nigel Gibbens, who said that if we have a no-deal scenario, we will need an increase of 325% in veterinary certifications, to deal with the certification of animals and animal products at our ports. That is a major issue, which is relevant to this statutory instrument, as confirmed by the Secondary Legislation Scrutiny Committee. It asked the department how we will ensure we can get more vets should we face a no-deal scenario, with that requirement for 325% more veterinary certifications. The answer the committee received was about this new para-professional job, called a “certification support officer”. This was news to me, and I have to say that, having read the information from the department, I am not really that much clearer about what these officers will do to address the huge shortfall in access to veterinary services if we leave the European Union without a deal. Defra has told the committee that it will not undertake veterinary duties, which begs the question: if these jobs are currently undertaken by vets, what administrative tasks will the new post of certification support officer be undertaking?

Is the Minister confident that these new postholders will be able to do the job? I for one am not clear what it is, but they will have to understand veterinary legislation and all the requirements for giving those certifications. Yet all they will receive is six hours of online training with an exam at the end. I understand that when the RCVS first discussed this with the department and with other departments, they were talking about post-training induction and a probationary period which would be under the direct supervision of a qualified vet. Having read some information online about the certification support officer, I can no longer find any indication of post-training induction or any probation under supervision. These certification support officers will be getting just six hours of online training, yet they will effectively be on the front line at a very important point, as the noble Lord, Lord Trees, says, where we have to assure the public that they can have confidence in public health and animal welfare.

In the supporting material the department makes it clear that it has made no estimation of how many certification support officers might be needed. Yet we know from the former Chief Veterinary Officer that there is an expected 325% increase in the need for veterinary certificates. So why has the department not done any estimation of how many new postholders we will need? Why is there not an impact assessment for this statutory instrument? That seems quite a necessary piece of information for Members of this House to have.

How many of these certification support officers do we now have in place? If we do leave in March, we are going to need these certification support officers, because we do not have enough vets to assure the public that their health, the health of people on the continent and the health of our animals are safe. That is an important point.

The noble Lord, Lord Trees, was right to raise the point about ensuring that our vets have the highest standards. I have been really proud that our country has in recent years been able to send our vets out to parts of Europe which have needed our expertise and our training to ensure that animals’ lives are bettered. We are talking here tonight about how we are going to register vets from other European countries in the UK. What is unclear is how the Government are going to get EU countries to register UK vets. Our vets do wonderful animal welfare work. I remember when I was at the RSPCA—many years ago now—we regularly sent vets out to countries outside Europe but also to places such as Greece, to deal with some of their equine and canine problems. If we cannot get our vets registered, how are our UK animal welfare organisations going to be able to send out our vets to carry on their work supporting animal welfare charities in Europe? It is possible that we will have to set up 27 bilateral agreements with all the other member states, and some of those countries may not be willing to have our vets going over there.

[Lord Grantchester (Lab)]

I am grateful to the Minister for setting out the purpose of these SIs so clearly and for meeting me and others before today to discuss the technical changes being made. I thank the RCVS and the BVA for the briefings they have sent. I declare my interest as a dairy farmer, and endorse the Minister’s words of appreciation of vets and the work they undertake.

I also thank the noble Lord, Lord Trees, for his professional viewpoint and endorsement of these SIs. As the Minister is aware, Labour does not oppose these SIs, which are required to ensure that the UK has an operational system for regulating veterinary qualifications from EEA veterinary schools and to enable inspectors to enforce certain animal welfare standards following the UK’s exit from the EU.

Additionally, the UK must enable the system for recognising farrier qualifications from the EEA, enforcing animal health regulations and approving courses for certain equine and veterinary procedures to remain operationally effective. Nevertheless, I have several concerns about the implications of these SIs—particularly the veterinary surgeons regulations—for business, animal health and welfare, and the public. The noble Baroness, Lady Parminter, was correct to raise concerns in her remarks.

Your Lordships’ House will appreciate the central role vets play in ensuring that standards are upheld in animal health and welfare, food safety and public health. The prospect of Brexit has raised concerns that there will not be the veterinary capacity to carry out these fundamental roles. In a no-deal scenario, the UK will require more work from vets to meet the increased demands for the certifications needed for export of animals and animal products, and for pet travel. The House of Commons Public Accounts Committee warned of the risk of UK exports of animals and animal products being delayed at the borders because of a shortage of vets, and was concerned that the department was,

“cavalier about enough suitably qualified staff to take on this work being available”.

An increasing shortage of vets was becoming apparent before the referendum in 2016. It is all the more worrying that, according to figures from the Major Employers Group, the veterinary profession is already reporting shortages in the UK of 11.5%. This is why we should be concerned that the changes in the SI may exacerbate an already challenging situation.

The Minister will be aware that EEA veterinary surgeons make up half of all new veterinary surgeons who register with the RCVS every year. EU nationals are critical to the UK, particularly in abattoirs, where 95% of vets are from the EU, responsible for upholding animal health, animal welfare, public health and trade. Worryingly, recent figures from the Royal College of Veterinary Surgeons show that 32% of non-UK EU veterinary surgeons are considering a move back home and 18% are actively looking for work outside the UK, indicating that Brexit will exacerbate these shortages.

Does the Minister share my concern that a no-deal Brexit will exacerbate current shortages in the veterinary profession and create significant risks for trade, animal health and welfare, and food safety? What help are the Government providing to vets? What communication is being undertaken with them so that in six weeks’ time, in the event of a no-deal scenario, they are ready for an increased demand for export health certificates for animals and animal products?

The Explanatory Memoranda for both SIs say that,

“it is no longer considered appropriate to provide more favourable treatment”,

to EEA vets and farriers once reciprocal arrangements end. Can the Minister explain why these memoranda do not comment on whether, as with other EU exit regulations, there has been a policy change? Why has no consultation been undertaken with vets and businesses but only with the devolved Administrations? Indeed, the noble Baroness, Lady Parminter, drew attention to the lack of an impact assessment.

The RCVS has advised that the SI will enable it to automatically register veterinarians in its veterinary schools if the school is approved or accredited by the European Association of Establishments for Veterinary Education—EAEVE. However, the RCVS will not register graduates from certain other EU veterinary schools where the RCVS does not have sufficient assurance of educational standards. In the case of farriers, I believe it is the Farriers Registration Council that has the equivalent role.

Ivory Bill

Lord Grantchester Excerpts

Report stage (Hansard): House of Lords
Wednesday 24th October 2018 Lords Chamber

[Lord Marlesford (Con)]

My Lords, I agree with the Bill and its intentions, but it has failed the test of proportionality in many respects. I would not have supported my noble friend Lord Cormack’s amendment, because I thought it was too wide, but I support Amendment 24, in the name of my noble friend Lord Inglewood, on the need for de minimis registration. To introduce bureaucracy of that sort is quite crazy. Some of us have been fighting for years to prevent intrusion into people’s houses. I am glad to say that that has been reduced with the help of the Law Lords and happens much less now.

However, something like this is absurd. I remind your Lordships that in 1966, when there was a Labour Government and an economic crisis—they went together at that time—they introduced a statutory instrument requiring anybody who owned more than three gold coins to hand them in, but it was tokenism. People did not do it, of course. I remember various questions being asked about how many convictions there had been, and how many coins had been handed in. The answer was none.

Unenforceable law is bad law and we really must not encourage it. Some of the provisions of the Bill are so OTT that we must stand up to them, particularly as they have nothing intrinsically to do with the Bill. I support my noble friend Lord Inglewood’s amendment.

[Lord Grantchester (Lab)]

My Lords, my noble friend Lady Quin has spoken eloquently on the effect of the Bill on future generations of Northumbrian pipers. Like her, we cherish musical tradition and would not wish the music played by pipers and enjoyed to cease. I pay tribute to the department for organising a visit by a member of its team to assess the instrument and thank her for meeting the society. However, as has been reported back to the department, some of the pipes have problems under the Bill. It is my hope that the Northumbrian Pipers’ Society itself can take on a role in seeing that instruments are recycled to new pipers through bequests and other measures, and that new instruments avoid the provisions of the Bill. It would be difficult to create a new exemption for Northumbrian pipes. As the House will later see, we have tabled Amendment 78 to report on the effects of the Bill on musical instruments more generally. Evidence provided through the consultation, including from the Musicians’ Union, showed that the vast majority of commonly played and traded instruments, including violins, pianos and bagpipes, comprise less than 20% ivory.

Turning to Amendment 2 and others in this group, we do not support what they wish to achieve, which amounts to a reduction in the provisions and effectiveness of the Bill, which is a commitment of both parties to introduce a ban on the sale of ivory. The Bill includes limited exemptions to the ivory trade that are sufficiently narrow to ensure that they will not contribute to the poaching of elephants. The carefully crafted clauses represent the culmination of a productive collaboration between NGOs, law enforcement, museums, art dealers and musicians. It is Labour’s view that the Bill strikes the right balance. I call on all the proposers of amendments in this group to withdraw or not to move their amendments so that future generations can enjoy living in a world with elephants.

The Illegal Wildlife Trade Conference, held earlier this month in London, underlined the importance of the UK putting in place a near-total ban on UK ivory sales as soon as possible. This legislation builds on the resolution agreed at the 2016 Conference of the Parties to CITES to phase out domestic ivory markets and will give the UK greater credibility in continuing to press other key countries in south-east Asia with a history of ivory trade to commit to closing their markets and to implementing strong domestic ivory bans. China closed its ivory market in 2017. Ivory poaching is now the fourth-largest crime sector after arms, drugs and trafficking. I remind your Lordships’ House that 20,000 elephants are killed each year, or some 55 a day.

I turn to Amendment 24 in the name of the noble Lord, Lord Inglewood, which seeks to remove registration as a precondition of allowed sales of de minimis objects. The noble Lord raised concerns about proportionality and others have followed with remarks on both the registration fee and administration involved, which would necessitate photographing, measuring and examining the object for any distinguishing features before uploading the information to a database. I am sure the noble Lord would accept that photographing, measuring and examining the object for any distinguishing features would be part of any normal process of listing an item for sale at an auction house or on an online marketplace. It is our view that registration is necessary for enforcement. The proposed system places a small administrative responsibility and a small financial cost on the seller, who, in turn, will gain from the exemption to the ban on dealing in ivory. Crucially, by registering an item through the system, the applicant will be confirming that, to the best of their knowledge, all the information provided is correct and the item therefore meets the exemption. The APHA, the regulator and the police will have access to the registration system to enable them to carry out any enforcement and monitoring action necessary. The APHA will also carry out spot checks on items registered to check for accuracy and compliance. This is also a key and necessary part of the regulations.

Amendment 22 in the name of the noble Lord, Lord Cormack, would remove the size criterion for portrait miniature exemptions. The noble Lord will recall from our previous consideration of this issue that the Government added the category of portrait miniatures to the list of exemptions in Committee in the other place. Emma Rutherford, a representative of Philip Mould & Co, an expert on portrait miniatures, gave evidence on how the exemption for portrait miniatures could be refined to add a size limit, and agreed that the suggestion of six inches by eight inches would be sensible. This is 320 square centimetres, which would allow between 90% and 95% to be exempt. The Government have moved considerably on many of these features and I therefore call on the House to reject these amendments.

[Lord Gardiner of Kimble]

My Lords, these amendments relate to the scope of the ban and, in particular, some of the exemptions to it. I emphasise how uncomfortable I am in having to address this to a number of my noble friends, but I do so with great sincerity. The department has undertaken extensive consultation with a broad range of stakeholders, including the music sector, the antiques sectors and all the sectors engaged, as well as NGOs interested in conservation, to shape the Bill and, in particular, to establish a narrow and carefully defined set of exemptions.

I was struck by what my noble friend Lord Hailsham said—he used the word “proportionate”. The architecture of this proportionate approach has been carefully designed to balance the need to close our domestic markets with consideration of the interests of those who currently own certain items of ivory and the obligation to protect our cultural heritage. I think that my noble friend Lord De Mauley was in his position at Defra when my party had a manifesto pledge, in 2015, for a total ban. We have considered with the consultation that there are proportionate ways of approaching what is an imperative: to do everything that we can to stop the incidental and direct pressure on the elephants on this planet. That is why I will cut to the chase and say that the Government cannot support the amendments in this group. But I would like this opportunity, as is only reasonable, to set out why in more detail.

Amendment 2, tabled by my noble friend Lord Cormack, serves to alter the definition of ivory in Clause 1 of the Bill. This amendment would mean that any item with less than 20% ivory or any musical instrument with less than 30% ivory would be excluded from the ban, meaning that it would remain legal to deal in such items. Indeed, they would be within the scope of the rest of the Bill. The amendment does not state whether this threshold refers to volume, weight or another measurement. There is no backstop date referred to. This amendment would mean that items of any age with less than 20% ivory or any musical instrument with less than 30% ivory would not be affected by the ban and would only be subject to existing CITES regulations. This amendment would greatly undermine the scope and purpose of the Bill.

My noble friend Lord Cormack’s Amendment 22 refers to the exemption for pre-1918 portrait miniatures. The amendment would remove the size qualification, excluding the frame, from the exemption. We had this discussion in Committee, and my noble friend the Duke of Wellington referred to his own personal and rather considerably sized portrait miniature, which he rightly said he had no intention of dealing or selling. As the noble Lord, Lord Grantchester, said, this size qualification was developed from evidence provided during a House of Commons evidence session by a portrait miniatures expert. This evidence suggests that the size qualification, as we have heard, would include in the exemption 90% to 95% of pre-1918 portrait miniatures, which is the majority. Any item that falls outside this size qualification may also be exempt as an item of outstanding artistic, cultural or historical value and importance if it meets the criteria, which will be set out in regulations. The Bill makes clear that a frame would not be included in the calculation of the surface area of a portrait miniature. As I said, we will be developing detailed guidance on how to measure surface area, in consultation with relevant stakeholders.

--- Later in debate ---

[Baroness Vere of Norbiton]

My Lords, the UK Government have acted in accordance with the devolution settlements and engaged throughout the process with each of the devolved Administrations on the territorial extent and implementation of the Ivory Bill across the UK. I am pleased to say that the Governments of Scotland and Wales have both clearly expressed their support for the Ivory Bill. We have also worked closely with the Northern Ireland Department of Agriculture, Environment and Rural Affairs.

The UK Government’s engagement with the devolved Administrations concluded that dealing in ivory items either within a devolved country or between a devolved country and another part of the UK is a devolved matter. For instance, a dealing conducted wholly within Scotland or between Scotland and Wales will be devolved. Dealings between any part of the UK and a third country remains a reserved matter. The UK Government have therefore come to an agreement with the devolved Administrations to ensure that these devolved interests are protected through a number of amendments tabled in the name of the Minister.

The government amendments ensure that most regulations under the Bill that apply in relation to Wales, Scotland or Northern Ireland may be made only by, or with the consent of, Welsh Ministers, Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. If a devolved Administration does not provide consent, it can make its own regulations. The only exceptions are the powers to set fees by regulations and the publication and consultation of enforcement guidance, which remain exercisable by the Secretary of State but will require consultation with Welsh Ministers, Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. These exceptions are made simply because the power to prescribe fees and the publication of enforcement guidance are technical matters.

We have also agreed to a minor amendment to specify Scottish Ministers as the appropriate body to publish a list of accredited museums. This change was requested by the Scottish Government as a reflection of the different status of Museums Galleries Scotland and Arts Council England and does not alter in any way the effect of this provision.

I assure noble Lords that the Scottish Government and the Welsh Government have confirmed that they are content that these amendments accurately reflect their devolution settlements and their rights under those settlements. These two devolved Administrations will issue legislative consent Motions ahead of Third Reading and the appropriate official procedure will be followed with respect to Northern Ireland. I beg to move.

[Lord Grantchester (Lab)]

I thank the Minister for her introduction and explanation of these amendments concerning the devolved Administrations. I listened carefully and I have one or two queries. It would be helpful if she could clarify the source and inspiration behind the amendments, bearing in mind that they were not tabled for Committee and so their impact was not debated. Will she outline the problem that her department seems to have stumbled across and to which these amendments are the solution? They seem to point to inconsistencies in the Bill between devolved competences and Clause 37(1)(b), on regulatory provision, that I need to grasp. Has the Minister’s department run into problems during dialogue on the Bill with one or other of the devolved Administrations? She did not seem to suggest that.

The Minister’s letter dated 19 October concerning the government amendments stated that the Secretary of State will be able to make regulations with the consent of the relevant Administrations, leaving aside for this purpose the requirement merely to consult on the fees or guidance. I remain unconvinced about how the involvement implied under consent will lead to more effective implementation of the Bill. On the contrary, there is concern that these amendments could result in unwarranted duplication of legislation and bureaucracy, at best, and regulatory divergence and differences at worst. It is regrettable that this group of amendments has been tabled so late in the process and that the House has not had more time to consider the matter. Will the Minister explain why she concluded that these provisions are necessary, bearing in mind that this is a reserved matter, as she said, and that there does not seem to be any policy differences between the UK Government and the devolved Administrations? Does she share the concern that the authorities will have to duplicate the canopy of administration when they may not have the required expertise in dealing with ivory or the trade in endangered species? Can she assure the House that these amendments will not lead to a delay in implementing the Bill or in commencing regulations or to it being implemented on different dates in different parts of the UK?

[Baroness Vere of Norbiton]

I thank the noble Lord, Lord Grantchester, for his comments. I reassure him that these amendments came out of lengthy discussions over time. They were laid when they were laid—in good time for consideration by your Lordships on Report, I think—as a result of a timeline issue. It was necessary to establish whether certain issues were devolved or reserved matters. In my opening remarks I made it very clear that we have listened carefully to the devolved Administrations and that we now fully understand how we can practically make sure that the Bill works in every country of the United Kingdom. I agree with the noble Lord that there could be concerns about bureaucracy and duplication but I think that because of the conversations we have had with the devolved Administrations, that will not be the case. Many of the systems will be used by every country. The enforcement regime will be the same, although it will be conducted by different people north of the border. OPSS, the enforcer in the first instance, operates nationally. When we look at these amendments, it is important that we respect the devolution settlement that we have reached with these nations. We thank the other Governments for their support in pushing this forward. Although the noble Lord has concerns, I reassure him that I believe they will not come to pass.

--- Later in debate ---

[Baroness Quin]

I briefly move Amendment 27, which asks for a report on the impact of the Bill—the Act when it receives Royal Assent—on the hire and sale of musical instruments. The amendment calls for such a report at the end of a period of five years beginning with the day on which the Act is passed. However, since tabling my amendment, I note that my noble friend Lady Jones has tabled Amendment 41, which is in many ways a more satisfactory version of my amendment, because it calls for a more wide-ranging report—including the point that I make in my amendment—on an annual basis. I hope that the Minister will look favourably on Amendment 41 and, because of the existence of that amendment, will say nothing further about Amendment 27.

[Lord Grantchester]

I shall speak to Amendments 41 and 78 in this group. Amendment 41 would require the Secretary of State to prescribe appropriate categories for the purpose of publication and specifically precludes the release of any information that would be unlawful or might lead to the identification of the owner. At this stage, I ask the Minister to go somewhat further than she did in Committee and clarify more specifically what the Government can do, at what intervals and through what media, to give confidence that the Bill is working effectively.

Amendment 78 requires the Secretary of State to publish an annual report covering the implementation and impact of the ivory ban domestically and internationally. This includes the work of the various bodies involved, including the Office for Product Safety and Standards, the Animal and Plant Health Agency and the National Wildlife Crime Unit. We feel that this is very important given the concerns raised in Committee about the resources—or, perhaps more accurately, the lack of resources—available to these organisations, as well as their specific role in the implementation of the Bill.

We also feel that it is important to consider the hire and sale of musical instruments containing ivory, as my noble friend Lady Quin explained. The 20% exemption for musical instruments is designed to allow most instruments to be exempt from the Bill, including pianos and bagpipes. Although we do not support more widely drawn amendments, we must be aware of the impact that the ban will have on this artistic activity.

Importantly, we would also want the report to build on any international reports considering the impact on nations or communities that generate income from ivory. Poachers who kill elephants are usually poor and looking for a way to feed themselves and their family. However, education and development are needed so that communities can be turned to recognise the value of elephant tourism. An elephant is worth 76 times more alive in a savannah than in a market place. The report could augment the view that managed conservation with tourism will offer an alternative sustainable income to elephant communities and wider populations of Africa. Will the Minister go a little further than she was able to go in Committee?

[Baroness Bakewell of Hardington Mandeville]

My Lords, I support Amendments 41 and 78, which were debated in Committee and the Labour Front Bench said they would be bringing them back. While I support them, I am interested in what the Minister has to say.

Ivory Bill

Lord Grantchester Excerpts

Report stage (Hansard - continued): House of Lords
Wednesday 24th October 2018 Lords Chamber

[Lord Wallace of Tankerness (LD)]

My Lords, as a member of the Constitution Committee I subscribed to the amendments which were moved by the noble and learned Lord, Lord Judge, in Committee and I was delighted to be able support the concerns that he articulated so well about these provisions, which the Government have addressed very fairly. They have gone a considerable way to meeting the concerns that were expressed in the Constitution Committee’s report.

I know from conversations that I have had with the noble and learned Lord, Lord Judge, that he has been very appreciative of the time and consideration that the Minister has given to these issues. We have here a set of amendments which very much address these concerns, in terms of the restriction of the powers of accredited civilian officers, the role of OPSS and the designation that will be forthcoming under the 2006 legislation. It is a very good model of how this House works where a Committee produces a report and the Government listen and engage and come forward with some substantive changes which acknowledge the concerns that were originally raised. I am happy to support the amendments.

[Lord Grantchester (Lab)]

My Lords, I rise briefly in appreciation of these amendments, which are designed to address concerns about civilian use of policing powers. I, too, thank the noble and learned Lord, Lord Judge, for his interventions in Committee. I am grateful to the Minister for his willingness to carefully consider these issues and bring forward these amendments tonight. I also place on record our gratitude to your Lordships’ Constitution Committee for its scrutiny of the Bill and the recommendations that prompted the Government to rethink its approach to civilian enforcement bodies. These amendments deal with the concerns over policing functions, including the power of entry, search and seizure being exercised by civilian officials, and bring a more reassuring approach to their enforcement.

[Lord Gardiner of Kimble]

My Lords, I thank my noble friend Lord Cormack, the noble and learned Lord, Lord Wallace of Tankerness, and the noble Lord, Lord Grantchester, for their support for these government amendments. I agree with the noble and learned Lord, Lord Wallace of Tankerness, that the function of this House is to consider these matters very carefully. We in government were very seized of the points that were made. I absolutely assure your Lordships that we have no intention of overstretching what I think is a better definition of what was the accredited civilian officer responsibilities. We have got there, and I am most grateful. I place on record again not only the Constitution Committee’s work on this but that of the noble and learned Lord, Lord Judge, who I am sorry cannot be here tonight, because his contribution to getting us over the line and working together was another very strong example of how we get better legislation.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, this new clause tabled in the name of my noble friend the Minister and to which the noble Earl, Lord Kinnoull, has added his name means that existing insurance arrangements concerning ivory items are, for the most part, not affected by the Bill. It also ensures that owners will be able to continue to insure ivory items by exempting regulated insurance activities from the prohibition in Clause 1. Noble Lords will recall that this matter was raised by the noble Earl, Lord Kinnoull, in Committee and I am extremely grateful to him for bringing this matter to the attention of your Lordships’ House and for his ongoing assistance in this matter. I am sorry only that he has had to travel this evening and will therefore not be able to contribute to this debate.

The proposed new clause contains measures that will provide comfort to owners of items containing ivory and to insurers. It ensures that any insurance policy for, or covering, an item containing ivory that is extant at the time of commencement of this Bill is not affected by the Bill.

Secondly, the proposed new clause also exempts from the prohibition at Clause 1 a transfer of ownership from an insured person to an insurance company where the activity is regulated under the Financial Services and Markets Act 2000, as the result of the insurer paying out on a claim made against that item. Further, if that item is subsequently recovered and the original owner chooses to exercise their right to buy it back from the insurer in exchange for return of the consideration paid out, this will also be exempted from the definition of dealing in Clause 1.

However, should the original owner choose not to exercise this right, the insurance company will not be permitted to sell the item on to a third party for its pecuniary salvage value unless that item meets one of the categories of exemption and is registered or certified as such. The proposed new clause also covers transactions between insurers and reinsurers, for example when there is a takeover of an insurance business or when policies are transferred between insurers and reinsurers.

While the objective of the Bill is to prohibit the trade in items containing ivory, there is no desire to have an undue impact on the insurance industry or on consumers who own such items and wish to insure them. There will also be a desire for museums to be able to insure items containing ivory alongside other important pieces within their collections. This proposed new clause allows them to do so.

This proposed new clause will not in any way undermine the main objective of the Bill: to prevent trade in items containing ivory. It does, however, ensure a functioning insurance market for those owners of items containing ivory who wish to access it. I beg to move.

[Lord Grantchester]

I rise merely to thank the Minister for clarifying these issues around insurance, which will be helpful to many people. The noble Baroness has our support.

Amendment 79 agreed.

Ivory Bill

Lord Grantchester Excerpts

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

Moved by

[Lord Grantchester]

38: After Clause 13, insert the following new Clause—
“Report on enforcement resources
(1) Within 12 months of section 12 of this Act coming into force, the Secretary of State must make an assessment of the resources available to enforce the prohibition.(2) The report must consider in particular—(a) the resources allocated or planned to be allocated towards enforcing the prohibition,(b) the potential impact of any change in resources so allocated or planned to be allocated, and(c) the impact on other law or border enforcement activities of the resources so allocated or planned to be allocated.(3) The Secretary of State must lay a report of the assessment under this section before each House of Parliament as soon as practicable after its completion.”Member’s explanatory statement
This new Clause requires an assessment to be made and laid before Parliament regarding the level of resources allocated or proposed to be allocated to enforcing the prohibition against dealing in ivory.

[Lord Grantchester (Lab)]

My Lords, I rise to move Amendment 38 in the name of my noble friend Lady Jones and to speak to Amendments 59 and 60 in this group. Enforcement is a critical part of achieving the aims of the legislation and must not be neglected. This proposed new clause would require an assessment to be made and laid before Parliament on the level of resources allocated, or proposed to be allocated, to enforcement of the prohibition in ivory dealing. The Minister’s department must demonstrate determination to enforce the provisions of the Bill to underline its commitment.

As noble Lords will appreciate, enforcement is a resource-intensive undertaking. However, many of the agencies and authorities we expect to be involved with enforcement of the Bill are already struggling. Home Office statistics show that the number of police officers fell from 143,734 in March 2010 to 123,142 in March 2017. The CITES Border Force team has just 10 members, who carry out more than 1,000 seizures a year, each one generating months of work. The National Wildlife Crime Unit has only 12 members of staff, including administrative staff, to cover the entirety of its work across the UK. The team not only carries out investigations referred from the Border Force but works right across all the UK wildlife crime priority areas, which is a significant remit outside CITES and includes domestic wildlife, bats, badgers, and prosecutions relating to birds of prey, freshwater pearl mussels and poaching. All of these sit within the UK’s strategic priorities, and the work of the National Wildlife Crime Unit is split right across all these areas.

Ivory products are the most popular wildlife item on the international market, despite a global ban on ivory sales imposed by the 180-nation Convention on International Trade in Endangered Species. This legislation could therefore increase the Wildlife Crime Unit’s work exponentially. A strong commitment to future funding is vital if that important work is to continue. We have heard that the funding is committed until 2020 but, beyond that, the National Wildlife Crime Unit has had no formal indication that there will be continued funding, which clearly causes concern. It is unable to plan or commit to long-term strategies. It is very difficult for any agency to form business plans when, in 20 months’ time, it may not exist at all.

The APHA, an executive agency with an existing wide-ranging remit, will be responsible for administering and enforcing the registration and certification scheme. The Minister has previously confirmed that the APHA will be responsible for conducting spot checks on items registered, to check for accuracy and compliance, and will be working with the police and others to enable them to carry out any enforcement and monitoring action necessary. This is a key and very necessary part of the regulations, so it should be carried out by skilled members of staff trained to identify ivory. Has the Minister’s department carried out a budget and manpower review of the Bill’s implications for the APHA?

Finally, the Minister has advised that the regulator—the Office for Product Safety and Standards—will also play a role in enforcement. There was very little scrutiny in the other place of why this BEIS agency has been selected to oversee most of the enforcement of the Act under civil penalty provisions. Will the Minister explain why the OPSS has been chosen, given that the Ivory Act will form part of the global wildlife protection legislation that is administered by Defra? The OPSS has no expertise in wildlife regulation and there is concern that it will be preoccupied by its other work. Will the Minister assure the House that there will be sufficient funding for specially trained and dedicated staff at the OPSS to work on enforcing the ban on dealing with ivory?

Will the Minister also spell out how the OPSS will operate alongside the police, the CITES border force and the National Wildlife Crime Unit? How will the responsible areas be defined and split between the agencies when the regulator will be in another department? Will the Minister explain how the enforcement will be structured? I trust that the Government will commit to ensuring sufficient manpower and resources, otherwise the Bill will be toothless and treated merely as non-binding guidance, and the public will interpret from this that the Government are not committed to taking the measure seriously.

Amendments 59 and 60 call for a report on the impact of the Act on the ivory market. I may respond later to the remarks from the noble Earl, Lord Sandwich, and the noble Baroness, Lady Sheehan. At this stage, I will comment only that Amendment 59 seems to focus more widely on the international market, whereas Amendment 60 in the name of my noble friend Lady Jones is focused on the domestic market—albeit that both call also for a report from DfID to be included explaining how the work of the department has contributed to the aims of the Bill.

In Committee in the House on Monday, the Government were conducive towards Amendment 35 on producing a report on exemptions to the ivory ban. They intended to share publicly information on how the ivory ban was working in practice. It seems logical to press the Government to go further and report more widely on the domestic ivory market as well and, by extension, include how the Department for International Development has worked with communities overseas that are on the front line in the battle against ivory poaching.

The proposed new clause in Amendment 60 provides for a practical analysis of the impact of the Bill in its ultimate purpose to reduce the illegal trade in ivory and to save the elephant from further slaughter. Importantly, the report should consider the impact on nations and communities that generate income from the trade, given that the Bill responds to calls from African nations that stand as one to demand an end to the market for ivory across the globe that fuels the drive for poaching. As we have argued throughout the passage of the Bill, reducing demand is the key tenet of a wider strategy. It will place the Bill alongside the activities of other nations to provide leadership on an international scale, which the Secretary of State can underline when he hosts the illegal wildlife conference in London in October. I beg to move.

[The Earl of Sandwich (CB)]

My Lords, I follow the noble Lord, Lord Grantchester, in speaking to Amendment 59. No one who listened to the Second Reading debate in another place can be in doubt of the Government’s determination to eliminate the criminal trade in ivory. This concerns at least three government departments. We have not yet heard from the international development side of the story and I have not so far spoken, but I will not delay the Bill by repeating what was said at Second Reading.

My primary interest is not in the ivory trade, although I sympathise with many of the concerns expressed, but in the communities where elephants and people live and how they will be affected—or assisted—by the Bill. Several MPs have tried to amend the Bill on their behalf and to widen it to include the protection of other endangered species, listed in CITES, such as rhinos and even tigers and snow leopards. I am not, however, going quite that far today. That is the subject of a later amendment in the name of the noble Baroness, Lady Jones.

People are saying different things on the Bill. In Committee, I have been struck by the occasional polarisation of opinion. For example, the noble Baroness, Lady Jones, said on Monday that she was protecting elephants, while the noble Lord, Lord Cormack, and others were protecting inanimate objects. My noble friend Lord Berkeley said that some of the resources required in monitoring the ivory trade would surely be much better directed towards the problem itself—towards protecting elephants and prosecuting the criminals who try to make money out of ivory. I sympathise with him.

Ivory may not be seen with quite the same reverence at a local level in Africa or Asia. Elephants, on the other hand, especially those that still have their tusks and their teeth intact, are highly respected. There are some robust programmes targeting poachers and dealers, many of whom, as in any crime, are inevitably seeking a way out of poverty. When it comes to the need for human survival, desperation can easily lure people into crime, so poverty alleviation and sustainable development must always be partners of human and animal rights.

One must not be too pious about this. We have to be aware that corruption goes a lot higher than poachers and dealers. In some communities, the elephant is quite unromantic and can become the enemy of development. I have witnessed a dangerous bull elephant in South Africa—I expect a lot of people have. Anyone in Assam will remind you that elephants never forget and wreak terrible and regular vengeance.

DfID already focuses on alternative livelihoods as part of the UK campaign to end the ivory trade. I warmly welcome that. All too often, criminal activity is seen as an easy alternative to low pay and lack of opportunity. There are many organisations tackling this, such as the African Wildlife Foundation, which combines preventing trade in ivory with development projects in local communities. The AWF, for example, has a programme to bring wildlife criminals to justice through the training of rangers and prosecutors. It has had much success with sniffer dogs at Nairobi and Entebbe airports. In the same region, the charity Save the Elephants has recruited Turkana and Samburu women to help to track elephants in its campaign to stop poaching.

The World Wide Fund for Nature has a worldwide scheme to support rangers who carry out essential protection of endangered species, directly benefiting local families as well as elephants. It is monitoring herds, training community rangers and protecting habitats. In safeguarding elephants, it is also helping to support local communities through measures to reduce human-elephant conflict and initiatives to support local livelihoods.

I recognise that the Government have made extensive preparations for the IWT conference next month, but DfID, since it works overseas, always appears to be a junior ministry in these joined-up initiatives. I have looked at its website in relation to elephants. Inevitably, there will be a lot of variety in different countries’ responses to the illegal trade and the conference will doubtless show that there is no simple development formula. This affects how you assess the effect of these programmes. There is no simple development formula beyond the rule of law but, knowing DfID’s investment in the programme, it would be reasonable to ask for some impact assessment.

All that I am seeking with this amendment is a recognition of the work of DfID and its in-country partners through an annual report that makes some assessment of success in both protection and development alongside trade bans. The Government have given huge sums to this and launched impressive targets, but it is important for us to judge how effective these targets are going to be and how they will benefit local people.

There was a degree of euphoria in another place during discussion of the Bill. The ivory campaign inevitably has widespread support on all sides. Nevertheless, we must be aware that, while we can and must reduce the international trade in ivory, the real problems are not taking place on this island and we need a formal assessment of the impact on the people most directly affected. I thank the Opposition Front Bench for presenting a comparable amendment and I hope that we can carry this through to later stages of the Bill.

--- Later in debate ---

[Lord Grantchester]

My Lords, I am grateful to the Minister. I apologise for any confusion. I was unaware that some of my remarks might have been covered in later amendments, so we look forward to understanding those a little better. On Amendment 38, we need to show commitment; the initial load may diminish after the bulk of the registrations has occurred. But we share with the Government the objective of making this legislation a success and the Minister’s confidence in the wildlife crime unit and CITES.

On the later amendments—which I will certainly not be moving—I listened carefully to what the Minister said. I reiterate that this is a clear opportunity for joined-up government to be demonstrated. However, I recognise that the work of DfID involves a wide range of other agencies. I stress again that the value of elephant tourism is extremely high, with an elephant worth 76 times more alive in the savannah than dead in the marketplace. I am heartened that the Government are showing commitment to closely monitoring the impact of the Bill on the international market and to working more widely with the agencies and communities that will be most affected by the ivory ban. I beg leave to withdraw the amendment.

Amendment 38 withdrawn.

--- Later in debate ---

Moved by

[Lord Grantchester]

61: Clause 35, page 21, line 3, at end insert—
“( ) As soon as practicable after this Act is passed, the Secretary of State must consult on amending subsection (1) to include ivory from other animals and species including—(a) hippopotami;(b) narwhals; and(c) walruses.”Member’s explanatory statement
This amendment would require the Secretary of State to consult on extending the ivory ban to the other ivory bearing animals listed as soon as practical after the Act is passed.

[Lord Grantchester]

My Lords, Amendment 61 is also in the name of my noble friend Lady Jones. As drafted, the Bill has a narrow focus only on elephants. Labour believes that broadening the definition of “ivory” is necessary not only because many CITES species are at risk of becoming endangered but to prevent the narrow focus on elephant ivory, which may unintentionally displace poachers towards hunting other animals with ivory.

Like elephant tusks, hippo teeth are hard-wearing and can be worked into curios and ornaments. According to CITES, since 1975 more than 770 tonnes of hippo teeth have been sold, the bulk from Tanzania and Uganda. The black market’s insatiable demand for ivory has already turned towards hippos. Since the international ban on elephant ivory came into effect, they offer a cheaper and in many ways easier ivory option. Illicit hippo teeth are also far easier to smuggle because of their size and are subject to less protection and awareness. As a result, the number of hippos has declined by 12% to about 100,000 in the past decade—just a quarter of the elephant population. Experts have cited a rise in the demand for hippo teeth as the main reason threatening the mammal with extinction.

Narwhals and walruses are also now considered at risk of being near-threatened. In practice, this means that they could soon become vulnerable because of the changes in their natural environment and the impact of hunting. We need to be aware that this Bill could, counterintuitively, become a factor.

The Bill has a narrow focus on elephants. To speed it towards enactment, its extension to other species would be best enhanced through further consultation. In July, the Secretary of State recognised that consideration needed to be given to this extension, announcing a further consultation to extend the provisions in the Bill to include hippos, walruses and narwhal ivory. This amendment puts that commitment on the face of the Bill. I beg to move.

--- Later in debate ---

[Lord Gardiner of Kimble]

I shall have to take myself on a course of expertise. If through use of this power it was deemed, because of the consultation and the evidence that we had, that other ivory-bearing species should be encompassed in some form of legislation—which would clearly come before your Lordships for affirmative resolution—there would definitely need to be some understanding on the part of the enforcement officers as to differentiation and whether certain other species should be added. However, I must not take myself down a route of conjecture, although it is very a very valuable and important point. Perhaps after the enactment I should undertake myself some better understanding of the definition.

We should not act unless we have informed evidence—I think this is a point my noble friend Lord Deben would very much approve—so we can make a proper decision on whether the scope of the Bill should be extended to another species. As noble Lords will be aware, as a result of the government amendment in the other place, this delegated power has been extended from applying only to ivory-bearing species listed under CITES to applying to any ivory-bearing species. The CITES-listed species are currently narwhal, killer whale, sperm whale, walrus, and hippopotamus. The amendment brought all ivory-bearing species—for instance, the warthog—into the scope of the delegated power. All those species are therefore in scope of the delegated power and may, therefore, be subject to an evidence-gathering exercise.

As I have said, we have committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent. To clarify an important point, and reassure the noble Lord, the delegated power also enables the Secretary of State to take action in the future. That is very important because of what your Lordships have already said about the possible unintended consequence of other species becoming poached because of the elephant ivory ban. For instance, a subsequent evidence-gathering exercise could be carried out on the scope of the ban if necessary. This is an important element of us ensuring that, on all ivory-bearing species, we will have the ability to act through this legislation, although this legislation before us today is precisely about the African and the Asian elephant.

I hope that, with the explanation I have given, the noble Lord feels reassured that the Government are committed to carrying out an evidence-gathering exercise on or as soon as practicable after Royal Assent, and that this will consider extending the scope of the ban to other ivory-bearing species. On that basis, I hope the noble Lord will withdraw his amendment.

[Lord Grantchester]

I thank the Minister for that reply and recognise that the legislation contains the visions that he suggested, although it could perhaps be more emphatically stated. I appreciate his repeated commitment that the Government will follow up on the extension of the ivory ban to other animals through the consultation. With that in mind, I beg leave to withdraw this amendment.

Amendment 61 withdrawn.

Ivory Bill

Lord Grantchester Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 10th September 2018 Lords Chamber

Moved by

[Lord Grantchester]

35: After Clause 11, insert the following new Clause—
“Report on exemptions to the ivory ban
(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State must prepare a report on certified and registered exemptions to the prohibition; and—(a) lay a copy of that report before both Houses of Parliament, and(b) publish the report.(2) Subsection (1) does not apply in relation to a year if section 3 of this Act has not been in force at any time in that year.(3) A report prepared under this section must include the following information—(a) the number of applications received;(b) the number of applications rejected;(c) the number of appeals received;(d) the number of exemptions granted on appeal;(e) the number of exemption certificates and registered exemptions revoked; and(f) any other information that the Secretary of State considers appropriate.(4) The information listed in subsection (3) must be listed by category of item.(5) The Secretary of State is responsible for prescribing the categories referred to in subsection (4).(6) The Secretary of State is not required to include in a report any information that, in his or her opinion, it would be inappropriate to include on the ground that to do so—(a) would or might be unlawful, or(b) might enable the identification of the owner.”Member’s explanatory statement
This amendment would require the Secretary of State to prepare and publish an annual report on exemptions to the ivory ban. The report must provide statistical information about applications, appeals and revocations by category of item as determined by the Secretary of State.

[Lord Grantchester (Lab)]

My Lords, I rise to move Amendment 35 standing in the name of my noble friend Lady Jones. We need as much transparency as possible about whether this system that has been devised for granting exemptions is operating as intended. While the Government have committed to publishing headline figures about the number of exemptions granted, we believe that breaking down these figures into more meaningful categories of exemption and item type would provide us with important data and allow for confidence in the Act.

We recognise, however, that there is a balance to be struck between transparency and privacy, given that we have been led to expect that only a small number of items will be exempted on the grounds that they are the rarest and most important of their type and that it could therefore prove quite easy to identify these items and link them to certain individuals. When this point was debated in another place, the Parliamentary Under-Secretary of State, David Rutley MP, advised that it was unlikely the Government could publish more detail on the specific items exempted for data protection reasons but gave an undertaking to consider whether the headline figure could be broken down further to cover broad categories of items, such as statues, reliefs or furniture, for example.

Given that there was such an overwhelming support for a total ban, better transparency is needed on how the ban will work, how effective each exemption has been, and how workable the regulations and monitoring have proved to be. This amendment reflects the pledge by instructing the Secretary of State to prescribe the appropriate categories for the purpose of publication and specifically to preclude the release of any information that would be unlawful or might lead to the identification of the owner. I am sure the Minister will agree that such transparency can be assured through amendments such as this one. I beg to move.

[Baroness Vere of Norbiton]

My Lords, the Government are in full agreement with the principle of this amendment. We acknowledge the importance of transparency and providing information to the public. That is why, once the ban is in force, we intend to share publicly information on how the ivory ban is working in practice, as this will be essential to ensuring public confidence in the ban and the supporting systems. I therefore assure the noble Lord that we already intend to publish headline data on the number of registered items and exemption certificates issued and revoked each year, as well as the appeals, in line with the Data Protection Act.

Furthermore, regarding subsection (4) in the amendment, I confirm that we will further break down headline figures as far as we are able—for instance, to cover broad categories of items such as statues, reliefs and furniture. In light of these assurances, I ask the noble Lord to withdraw his amendment.

[Lord Grantchester]

I am very happy to receive such assurances and feel that maybe I have been the lucky one to be satisfied tonight. I am grateful to the Minister. Perhaps we can examine on Report how this may be put in the Bill so that more substance can be given to her reassurances. With that, I beg leave to withdraw the amendment.

Amendment 35 withdrawn.

Ivory Bill

Lord Grantchester Excerpts

Monday 10th September 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I have listened to the debate this afternoon with great interest. I have received briefings from the World Wildlife Fund and from the Environmental Investigating Agency, the Born Free Foundation, the David Shepherd Wildlife Foundation, the International Fund for Animal Welfare, the Natural Resources Defense Council, Stop Ivory, Tusk Trust, the Wildlife Conservation Society and the Zoological Society of London. None of them appears to agree with the previous speakers in this debate.

On Amendment 17, the size of the miniature should be defined in the Bill. Otherwise, arguments will arise as to exactly how big a miniature can be. It is important to have this defined in the Bill and not left to some arbitrary decision.

With reference to Amendments 18 and 19, many of the artefacts listed by the noble Lord, Lord De Mauley, are simply not in the same class as musical instruments, to which we will return in a later group. Musical instruments are used on a regular basis and are the tools of a musician’s trade and are not an item of antique beauty. They may be that as well, but their main purpose is as a tool of a musician’s trade.

I am disappointed that a university student should accept their fees being paid for by their grandparents selling an antique item which could have been decorated by the body of a dead elephant. I doubt whether many of their fellow students would find this acceptable. The noble Lord, Lord Cormack, believes that we live in a civilised society. It is still a civilised society that allows 50 elephants a day to be killed for their ivory. Whatever the percentage of ivory is set at, it will need to be examined and verified. I could not support, and nobody on these Benches could support, a 20% limit and certainly not a 50% limit.

[Lord Grantchester (Lab)]

I will speak on the amendments in this group. They are amendments to Clauses 6 and 10 regarding other exemptions to the ban on ivory sales and can be categorised as reducing the criteria and extending the number of ivory items that would escape the ban. We do not agree with these amendments.

--- Later in debate ---

[Lord De Mauley]

My Lords, noble Lords would expect me to deal with Amendments 25 and 27 in this group. However, they are almost identical to Amendments 21 and 23 respectively, which were in the last group that we debated. Normally in my experience it is Back-Benchers who try to degroup and the Government who try to group up, so this situation must be somewhat unusual. Noble Lords will be pleased that despite the Minister’s response, which did not really address the issues, I do not propose to make the same points again. Instead I will simply say that they apply here as well.

[Lord Grantchester]

My Lords, this group of amendments relates to the exemption definition of musical instruments with less than 20% of ivory content. The backstop date at which Asian elephants were first listed in Appendix I of CITES was 1975, before the poaching crisis of the 1980s. Evidence provided through the consultation, including from the Musicians’ Union, showed that that the vast majority of commonly played and traded instruments, including violins, pianos and bagpipes, contain 20% ivory or less by volume. Unfortunately, I understand that Northumbrian pipes would not qualify under this category due to their size. I appreciate the high esteem that these pipes enjoy and the passion with which my noble friend Lady Quin has spoken, but I gently suggest to my noble friend that there might be other ways in which that tradition can be kept alive for future generations. Instruments containing ivory can still be gifted, donated and bequeathed—perhaps, for example, to a dedicated local organisation or even the Northumbrian Pipers’ Society itself—to enable future pipers to enjoy their music. The region could also grant or fundraise for newly manufactured instruments to use ethical alternatives for ivory. I would like the Minister to confirm that that solution would be possible for the Northumbrian pipers. I also reiterate my previous comment that the registration of any exempted items, including musical instruments, is necessary to ensure compliance.

[Lord Gardiner of Kimble]

My Lords, this group of amendments relates to the musical instrument exemption. I say again that the formulation of the exemption has been extensively considered with the music sector. I think I am permitted as Minister to say that when I hear some of my noble friends, I wonder whether they have quite understood that much consideration has gone into the Bill and that the exemption package has involved a considerable amount of intricate detail.

I have never thought of myself as obdurate and I am not going to be so, but we have to go back to the rationale of the Bill, which is to have narrowly defined exemptions to what is a ban on dealing in ivory. If I may say so, my party’s manifesto in 2010 and 2011 contained a total ban on ivory. That is what we fought that election on. We have come forward with a package that we believe is appropriate and should be seen to be so. In all this, I am interested that so many of the people with whom we are working have recognised that the Government have sought to command this great rationale that we want from the Bill but are also seeking to find ways of common sense prevailing. I hope my noble friends will allow me to put on record that I actually do not identify with many of the comments that they have made about the Government’s intention and seeking to make life difficult; in fact we have sought to find a common-sense resolution.

The amendments include a maximum volume in cubic centimetres below which any item may be considered exempt, and propose we increase the volume of ivory allowed in an instrument to 30%. I make it absolutely clear again that the Government’s intention is not to impact unduly on the livelihoods of professional musicians or indeed amateur musicians. This exemption will allow musical instruments made before 1975 and containing less than 20% of ivory to be exempt from the prohibition on the trade of ivory in the UK. Furthermore, items used as an accessory to play a musical instrument—for instance, a violin bow—also fall within the definition of this clause.

In Committee in the Commons, Paul McManus from the Music Industries Association warmly welcomed the exemption under Clause 8 as it stands. Echoing the responses that we received through our public consultation, he stated that the majority of commonly played and traded musical instruments and accessories, such as the bows of stringed instruments, which my noble friend refers to in his amendment, contain less than 20% of ivory. We recognise that some items such as violin bows may be sold, and therefore need to be registered, in higher volumes. In designing the registration system, we are talking to a range of people likely to be frequent users of the system—for example, representatives from the Association of Art and Antique Dealers and the Music Industries Association—so that we can consider their needs. On the suggestion that we include a maximum volume in cubic centimetres below which any item may be considered exempt, I reiterate what I have previously said: I am afraid that an exemption of this type would act as a loophole for those wishing to export solid pieces of ivory to major-demand markets in the Far East.

I turn to the amendment in the name of the noble Baroness, Lady Quin. I am always conscious that when my noble friend Lord Attlee expresses support I am in for serious trouble. I respect what the noble Baroness and indeed the noble Lord, Lord Beith, have said about this matter. I would be interested to know about the numbers of instruments involved. If I am allowed to go off piste, I am going to ask my officials to ensure that there is a full and proper discussion with the Northumbrian Pipers’ Society about these matters. I hope your Lordships will understand that in saying that, I can give no promises because it would not be right for me to do so and indeed I am not in a position to. However, I want to ensure that the Northumbrian Pipers’ Society feels that after today it has had a proper session individually with officials so that we can understand the aspects of what the noble Baroness and the noble Lord have said.

Ivory Bill

Lord Grantchester Excerpts

2nd reading (Hansard): House of Lords
Tuesday 17th July 2018 Lords Chamber

[Lord Grantchester (Lab)]

My Lords, I thank the Minister for introducing the Bill and outlining its objectives and key clauses: he has made a very powerful case. This party is very pleased that the Bill is finally before your Lordships’ House today and I am honoured to lead on this Second Reading debate for this side of the House, as since early childhood the elephant has been my favourite animal. Elephants are majestic, social animals that have walked this earth for tens of thousands of years, and their existence is now threatened by man’s greed.

Labour Party policy is to introduce an ivory ban, as set out in our 2017 manifesto and restated in our animal welfare plan. The Conservative Party planned to ban the ivory trade in its 2010 and 2015 manifestos. After failing to act, it quietly dropped the pledge from its 2017 manifesto, but I am now delighted that this Government have had a change of heart and I commend the NGOs, charities and campaigners who have been pivotal in ensuring that this important legislation has now been brought forward.

The Minister said that the illegal wildlife trade has grown rapidly in recent years; this can no longer be ignored. It is now estimated to be the fourth-largest transnational illegal trade behind drugs, human trafficking and counterfeiting, and to be worth more than £15 billion annually. It is estimated that 100,000 elephants were killed by poachers between 2010 and 2012. Despite international efforts, around 20,000 elephants are still being killed every year for the illegal ivory trade—approximately 55 every day. According to figures collected by the Elephant Trade Information System, approximately 40 tonnes of ivory were illegally traded in 2016, the highest amount ever recorded. At that unsustainable rate, elephants are likely to be extinct in the wild within two decades. This is despite a ban on the sale of new ivory having been in place for more than 40 years.

The rapid decline in elephant populations demonstrates that the current legislation has failed to end the illegal trade. The existence of legal domestic markets has fuelled this trade by providing cover and reinforcing the high value of ivory across the world. Recently, China, Hong Kong and the United States have taken measures to ban the sale of ivory. As the largest exporter of legal ivory, Britain must now act urgently.

Ivory is an emotive topic for conservationists and antique dealers alike, and we believe the exemptions in the Bill strike the balance between being robust and being pragmatic. We welcome the de minimis exemption for items made prior to 1947 with less than 10% ivory content and the exemptions for musical instruments made prior to 1975 with less than 20% ivory content, accredited museums and items of outstanding artistic, cultural or historical significance. We will be pressing the Government to ensure that only the rarest and most important items of their type are granted exemptions and that an annual register of exemptions will be published to ensure transparency and public confidence in the ban.

Given that there is cross-party recognition that a comprehensive ban on the sale of ivory is necessary, we had looked forward to an amicable process that would enable us to pass this legislation swiftly. However, I am aware that some Members present are concerned about the limited exemptions for antique ivory and may question the relationship between ivory antiques and the illicit market and seek to dilute the tough provisions in the Bill. The Bill responds to the call of African nations that have grappled with the devastation of the illegal ivory trade over many years. Illegal poaching is serious organised crime that is decimating wildlife populations, threatening local livelihoods and fuelling further criminal activity including terrorism, with extremists using the money to fund their activities across Africa. I hope that as amendments are debated regarding the value and trading of antiques, the House will keep that at the forefront of the debate as the Bill makes good progress. The elephant and its conservation are the objectives.

While Labour wholeheartedly supports the ivory ban, that is not to say that the Bill cannot and should not be improved. It currently has a narrow focus on elephants, which ignores the poaching of hippos and other non-elephant species for their ivory. We believe that broadening the definition of ivory is necessary not only because many CITES species are at risk of becoming endangered but to prevent a narrow focus on elephant ivory pushing poachers towards other forms of ivory. The black market’s insatiable demand for ivory has turned towards hippos, which offer a cheaper and, in many ways, easier ivory option, given that there is now more awareness and legal protection targeted at elephants. Indeed, hippos have declined by 12% to about 100,000 in the past decade. We hope that the scope of the legislation will be extended to protect hippos, walruses and narwhals and welcome the Government’s commitment to put this out to a public consultation. This is important, given that there may be different consequences of banning certain types of ivory. For example, the Musicians’ Union has highlighted the use of mammoth ivory in instrument repairs over many years as a deliberate alternative to the use of elephant-derived ivory.

We would also welcome further consideration of how exempted items can be verified. Of the many submissions received on the Bill, one of the most interesting came from the Musicians’ Union. This brought up several issues concerning the documentation process for musicians, especially when travelling internationally for performances. We will also be looking to the Minister to provide assurances that the registration and certification scheme is not open to abuse. The Minister will be aware that legal CITES Article 10 certificates have been used to conceal illegal ivory in the past and that other certification schemes have been subject to fraud. We must not let that happen here.

We will also be pressing the Government to ensure that the threshold for the defence of ignorance is set very high. It is well known that illegal trade is fuelled by unscrupulous traders marketing ivory as bone, as ivory sourced from other species or as antique ivory when it is in fact new. The consultation received record responses, as the Minister indicated, which is indicative of public and industry awareness. The Bill will be greatly improved by the inclusion of a legal notice at the point of sale advising that the documentation is a legal requirement, and we will seek to introduce such an amendment in Committee.

Lastly, we are also keen to ensure that there are adequate resources for enforcing this new legislation. The National Wildlife Crime Unit will be directly responsible for investigating and for enforcing the legislation once it is passed, but at present it has merely 12 members of staff, including administrative staff, to cover the entirety of its work across the UK. What assessment have the Government made of the resource implication of enforcing the ban for the wildlife crime unit? We trust that the Minister will be able to give assurances that it will receive the appropriate funding necessary for its needs. In similar fashion, I ask the Minister to outline what plans the Government have for proactively policing and monitoring sales, including online activity, and what kind of resources will be needed. This will need to be explored in greater detail in Committee.

I extend my thanks to the many organisations that have provided submissions and briefing notes on the Bill. There is no doubt in the public’s mind that this is an important issue in desperate need of concerted national and international action. There must be a culture change away from ivory in a similar fashion to the changing perception regarding fur coats. It is a moral imperative.

These Benches are pleased to show cross-party support for this measure, which has been introduced in time for the Illegal Wildlife Trade Conference due to be held in London this October. It also needs to be most urgently brought forward for the elephant.

Agriculture: Gene Editing

Lord Grantchester Excerpts

Tuesday 6th March 2018 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, we are in communication with the regulators in the countries that my noble friend has referred to and are aware of the decisions that they have made. Those decisions are made on a case-by-case basis and that is the approach that we are taking. We agree that gene-edited plants, for instance, which could have been produced by traditional breeding do not need to be regulated as GMOs. In fact, the Government intervened in the ECJ case. I am aware of what the Advocate-General said and thank the United Kingdom for the helpful intervention. We are now waiting for the court’s judgment.

[Lord Grantchester (Lab)]

My Lords, I declare my interests as listed in the register. As the Minister said, the European Court of Justice will certainly decide this year whether gene editing will fall under the EU’s genetic modification in agriculture regulatory framework. Bearing in mind the implications not only for agriculture but for food and the Irish border, is this not another reason to stay within a customs union, or will the Government wish to set a new framework in order to agree a trade deal with America?

[Lord Gardiner of Kimble]

My Lords, under the European Union (Withdrawal) Bill we will bring the EU regulatory framework into UK law. As I said, this matter is for consideration on a case-by-case basis. We already know that the John Innes Centre in Norwich, for instance, is undertaking work on oilseed rape. This is all about ensuring that the 15% to 25% of the pods that shatter are no longer shattered by gene editing. There are all sorts of ways in which we can gain enormous benefits from gene editing, and that is why I am encouraged by what the Advocate-General has said.

Environmental Permitting (England and Wales) (Amendment) Regulations 2018

Lord Grantchester Excerpts

Monday 22nd January 2018 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I am grateful to the Minister for his helpful and constructive introduction to these regulations. As has been said, they bring into line medium combustion generators with larger ones. However, in applying these regulations to 1 to 50 megawatt generators, it has to be said that 50 megawatts would be capable of powering up to 8,000 homes. That is not a small undertaking and is therefore, quite rightly, worthy of regulation. This size is typical of the generators used, as the noble Lord has said, for a range of purposes including electricity generation, domestic and residential heating and cooling, providing heat and steam for industrial processes and so on. Generators of this capacity are inherently diesel or gas powered, and these regulations bring diesel down to the level of gas-powered generators.

The Government are rightly attempting to reduce the level of emissions in this country. Poor air quality is the largest environmental risk to public health in the UK. However, they are presently 10 years late in meeting air quality standards. Public health is at risk and there is no time to lose if the NHS is not to be overburdened with patients with respiratory problems. Government estimates show that in 2008, the number of deaths attributable to fine particulate matter—that is, poor air quality—was 29,000. In 2016, the Royal College of Physicians estimated that the cost of the health impacts of air pollution to the UK was £20 billion.

There are approximately 143,000 medium combustion plants in the European Union, with an estimated 30,000 in the UK. The increase in the use of such generators has been identified as a source of avoidable increases in national emissions. Many generator farms have been set up solely to sell electricity back to the national grid. While this is very enterprising, it is having an effect on the nation’s health. The National Audit Office identified in 2017 that the Government will not achieve compliance with EU limits on nitrogen dioxide until 2021, some 11 years later than the deadline of 2010. In 2016, more than 85% of air quality zones in the UK, 37 out of 43, did not meet EU nitrogen dioxide limits and government estimates show that all 43 air quality zones will not be compliant with the limits until 2026. The measures being taken today are a step in the right direction, but there is still much more to do, and faster.

While I am happy with agreeing to the regulations, I would like to raise a point about flooding. In paragraphs 7.9 and 7.10 of the Explanatory Memorandum, the regulations indicate that the Environment Agency can use enforcement undertakings for a number of activities. In those areas of the country prone to continual flooding, such as the Somerset Levels, householders and businesses are often flooded to varying degrees of depth. Many have standby generators to pump water out of their premises when levels do not subside in an acceptable timescale, and often much larger generators have to be brought in to ease widespread flooding. Will the Minister give a reassurance that in such cases, enforcement action would not be taken if the generator in use did not comply with the regulations we are approving today?

I fully support the move to improve air quality as indicated in the air quality strategy and agree that tackling the most polluting generators must come into line first. However, an FOI request in October 2017 revealed that the Government had spent £370,000 in unsuccessfully challenging two court claims that their plans to tackle air pollution were “illegally poor”. Was this a wise use of money and could it not have been better spent on tackling air pollution itself? It is important to ensure that enforcement powers not only continue to remain available to tackle pollutants, but that the culture shift we are beginning to see in government from defending flawed environmental policy to enabling and adequately funding the means to safeguard air quality moves ahead at a much faster pace. These regulations are a welcome step in the right direction and I support them.

[Lord Grantchester (Lab)]

My Lords, I thank the Minister for his introduction to the regulations before your Lordships’ House. I am also grateful to him for facilitating a meeting last week with his officials, Sejal Mahida, Andrew Baxter and Katie Doubleday, who explained many of the technical details and issues behind the regulations and the medium combustion plant directive.

Poor air quality is the biggest public health risk facing the UK. The Government’s slow and inadequate response to the situation has led to several infraction proceedings in the courts, brought by ClientEarth. As the noble Baroness, Lady Bakewell, has said, 29,000 people suffer prematurely due to problems from breathing poor-quality air. Children are also bearing the brunt of this air quality crisis, as the worst pollution hotspots often occur around schools due to the concentration of diesel fumes from vehicles discharging at idling speed at a low height, at which children are vulnerable.

The European Commission has recognised the seriousness of the situation and, from its review, published in 2013 the clean air package. It has issued various emissions directives concerning different sizes of plants. It is from the Government’s failures to meet air quality standards that ClientEarth has secured court rulings that the Government must bring forward and implement clean air strategies. It can be argued that this experience has highlighted the need to create an effective enforcement agency to assist Governments to meet their environmental responsibilities. It is to the Government’s credit that they have finally accepted this and will bring forward proposals for this new governance structure. Perhaps the Minister could say how the Government are developing their thoughts, what their proposals are and whether they will be ready by the time the UK leaves the EU.

It is to be recognised that the Government have consolidated previous amending instruments into the 2016 regulations. These regulations will continue the process of bringing these amendments into a single set of regulations. They will apply to combustion plants and generators, some of which will feed into the grid. There are 23,000 such plants and generators, which have proliferated in recent years.

Labour has been very critical of the Government for allowing polluting diesel to bid into the capacity market as this could be said to have contributed to the problem. Notwithstanding that Labour may not have allowed access to the capacity market, bearing in mind that both BEIS and National Grid are confident that there will continue to be sufficient liquidity and security of supply will be unaffected by this supply, it is nevertheless accepted that these amendment regulations fall outside the capacity market’s regulations and rules, and so are not strictly a relevant consideration and allow the capacity market the stance of technology neutrality. In allowing this diesel technology, it must comply with all the directives concerning emissions and air quality.

The important point highlighted by your Lordships’ Secondary Legislation Scrutiny Committee is that old and new combustion plants and generators must comply with the emission standards by the end of December 2018. This will avoid the unintended consequence that older diesel plants will not receive a competitive advantage from unabated emissions that new modern equipment has to adhere to. Labour supports the Government in that operators bidding for new agreements will need to meet the same emissions controls, irrespective of whether they are existing or new generators. In that sense it will be a level playing field.

I support the regulations before your Lordships’ House and welcome the early implementation of the higher standards being imposed from 2019. Indeed, from 2019 emissions will have to be reduced to the extent that emissions from diesel plants and generators will be on a par with gas. These amendment regulations will result in new agreements signing up to higher standards sooner. Existing and older plants will have to clean up sooner. It is recognised that the greater polluters—existing plants—are being tackled first to meet the standard achieved by newer plants.

While recognising that this will have an impact on several stakeholders, the explanatory documents underline the greater public benefit of air improvements, with savings to the National Health Service welcomed by several foundations including the heart and lung foundations. For this reason, we endorse the shorter timeframes coming into play and recognise that they will be significant in helping the UK meet its 2030 reduction targets.