Hunting Trophies (Import Prohibition) Bill

Lord Swire Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Lord Swire (Con)]

My Lords, it is a very great pleasure to follow on from some of the speeches we have had so far in this debate today, not least the noble Lord, Lord St John—I second him in his praise for Tusk, an organisation for which I have raised money in the past and of which I know he continues to be a trustee—and the noble Lord, Lord Selkirk, about his cousin Iain Douglas-Hamilton, who I met in Kenya some years ago. I am aware of his work; he was, of course, one of the founders of Save the Elephants. I listened closely to what they said.

I was going to say that I have no dog in this fight, but I thought that might set a hare running. What I will say is that I have absolutely no desire to kill any of these particular animals myself, nor do I particularly like seeing photographs of pot-bellied Texan dentists with sets of improbable teeth kneeling next door to their fallen prey like Cecil the lion. We must all agree that the optics of that sort of behaviour are atrocious. But good legislation looks at unintended consequences not at headlines.

I was taken by the fact that paragraph 37 of the Explanatory Notes to the Bill talks about the financial implications of the Bill. Well, here is the problem: it only alludes to the financial implications of the Bill so far as it affects the United Kingdom. Of course, the financial implications of this Bill are surely about the negative consequences to the finances of those countries which would be affected were this Bill to become law. I note that my noble friend Lady Fookes quoted a letter, which I have just read online, from a whole raft of people across Africa and wider afield. But she did not refer to the letter in the Times—yesterday, I think it was—from the high commissioners and ambassadors from Botswana, Namibia, Zambia, South Africa, Zimbabwe and Tanzania, which makes a very different argument.

I gently ask my noble friend whether she has had any discussions with these high commissions and ambassadors, and if not, why not? Frankly, it is condescending to tell these countries how to run their internal affairs and to second-guess them as they struggle to keep poaching under control, very often risking the lives of their game rangers in so doing. What nobody has said so far today is what happens if these animals are not in some sense controlled. If there is no economic interest in preserving them, they run amok, running down crops, endangering lives and villages and becoming prey to even more poaching. That is the reality, so anyone who genuinely cares about animal welfare and the survival of species rather than favourable headlines must, by definition, oppose this Bill.

The British public will be rather amazed that we are debating this with the cost of living crisis, Ukraine and so forth, and I suspect a lot of them are, like me, made uneasy by the somewhat high-handed and neocolonial tone of this Bill. I think they expect better of us, as do those countries that will be affected by it, to which we should say, “We stand with you, we support you, we hear you and we will learn from you. We will work with you, not against you, to help put in place the best possible protocols which enhance conservation.” That should be our aim. I rather regret to say that this no doubt well-intentioned Bill does not achieve that. Regrettably, it suggests that if it were to become law, it would ensure the precise opposite.

Hunting Trophies (Import Prohibition) Bill

Lord Swire Excerpts

Committee stage
Tuesday 12th September 2023 Lords Chamber

The arguments for and against trophy hunting are not black and white but heavily nuanced: there are merits and demerits, and each case is different. We will do our fragile planet no favours by backing one prejudiced point of view that appears to be led far more by a radical animal rights agenda than by a conservation one—

[Lord Swire (Con)]

I am extremely grateful to my noble friend for giving way. I entirely agree with him that this must be evidence-based legislation, and a lot of a misleading and mischievous false information has circulated around this subject for some time. Does he share my surprise that the Minister for Environment and Tourism in Botswana felt obliged to issue today a press release, which I think was circulated to all noble Lords, refuting the allegations made by the acting CEO of the Campaign to Ban Trophy Hunting, Dr Adam Cruise, concerning trophy hunting in Botswana? Is that not precisely the sort of misleading information—rather arrogant and high-handed to a country such as Botswana—that we should avoid?

[The Earl of Caithness (Con)]

My noble friend is absolutely right, and I am sure that the source of that misinformation will not be a surprise to him or anyone else. It is a regular source of misinformation, and it was quite correctly shot down in flames by the Botswanan Government.

My noble friend raised an important point, on which I will end. We should use the Bill to improve conservation by getting rid of bad trophy hunting practices, while at the same time keeping the good and improving standards and welfare for all. I beg to move.

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[Lord Weir of Ballyholme (DUP)]

My Lords, as we move through the early stages of this debate, I think it is important, first, that collectively, as a House, we recognise that there is a wide range of opinions not simply within this House but without it. I think it is right that we conduct this debate in a tone and a manner that does not denigrate anyone’s opinion. I think that what is held is held very passionately by a number of people and that both the movers and the opponents of the amendments are doing so in a very sincere manner.

I take exception particularly to one thing that the noble Baroness, Lady Bennett, said: I think that every Member of this House has the complete right, irrespective of gender, to put forward whatever they feel to be in the best interests of legislation and to contribute to this debate. It will not come as a great surprise that I do not intend to undergo a course of gender reassignment or self-identification. As a DUP Peer, I think, to be fair, we have a reputation: we are not regarded as a particularly woke bunch, or indeed as people who would be naturally inclined to a left of centre approach to things. It therefore may come as a bit of a surprise that this may be the first time in my number of months in this House that I find myself, not necessarily in terms of tone but in terms of content, largely in agreement with the noble Baroness, Lady Bennett, and commending the noble Baroness, Lady Fookes, for her actions in bringing this forward.

There will be others who speak in this debate who come with a greater level of expertise, and we can all trade statistics and representations that have been made to us. I have to say that I think the case for this amendment and from some of the opponents of the Bill has been heavily oversold. Trophy hunting does not create, as the impression has been given, some great utopia for society that will cure all our ills. It seems from the supporters of this amendment to simultaneously both preserve the ancien régime of indigenous peoples while at the same time being the principal driver of social progress within these countries: it seems to be the close correlation, if not the main motivation, behind female emancipation and education. If people are making the case for this amendment, it is important that it is not oversold.

I believe that trophy hunting makes an economic contribution to these countries, but there are some statistics that suggest that this is fairly minimal. As for the idea that this is being done as some form of benevolent social welfare for some of the residents, we know that, at the end of the day, for those on the ground this is making a very small contribution. The trickle-down effect is very limited. The range of these amendments would make the Bill much more complex and open to legal challenge than would otherwise be the case and create a regime which would enhance the level of uncertainty within the Bill.

I appreciate that the job, particularly in Committee, is to see what improvements can be made within the Bill. I have to say that, generally speaking—and I do not want to prejudice any of the arguments that will be made—it would appear that most of these amendments come from people who are vehement opponents of the Bill. That is a perfectly legitimate position, but let us not pretend that the intention of the amendments is particularly to improve the Bill. I think their impact would be to create the death by a thousand cuts of the Bill and to create a range of loopholes across the Bill that that would fundamentally weaken its purpose.

While I mention loopholes, I have not put down an amendment, but it may be useful if the Minister, whenever he is summing up towards the end, could deal with one loophole in the Bill that I think needs to be closed. In another place, my colleagues raised the issue of why Northern Ireland was excluded from the Bill. The argument was made that it would be in some way incompatible with the single market, to which Northern Ireland is apparently still subject. Leaving aside constitutional issues that I have some concerns about, I have to say that as an argument there has been a level of misinformation there. Irrespective of whether you are in favour or against these amendments, the single market is not an excuse for Northern Ireland’s exclusion, as four countries within the EU have either enacted very similar legislation or are in the process of doing so. So I urge the Government to consider this again.

For me—this may be a simplistic approach—this is about the signal that we send out as a civilised nation. Trophy hunting and taking back those trophies to the United Kingdom is something that is no longer part, if it ever was, of a virtuous, civilised nation. Therefore, I urge the Committee not only to reject this amendment but to oppose the amendments throughout the Bill, which will not necessarily improve the Bill but will act as a device, bit by bit, to water it down.

[Lord Swire (Con)]

My Lords, I must take issue with the noble Lord, Lord Weir, because I do not think that these amendments that some of us are proposing this evening are designed to wreck the Bill. On the contrary, the conversations I have had with my colleagues, who take this issue very seriously, are all about improving the Bill, which is why I will support the amendment of the noble Earl, Lord Caithness. I think there is a better amendment coming from the noble Lord, Lord Mancroft, but I think this is a good amendment and this is the role of the second Chamber.

Without giving too much away, some of us have been lobbied quite hard over the past few days about the Bill and told, for instance, in that famous Whips’ argument, “If you don’t accept this, you will get something much worse”. Well, if we accepted that as a serious argument, there would be no point in having this revising Chamber at all: we would just accept all bad legislation coming from the other place and roll over and have our tummies tickled. We might as well stay away. The point of this House, if it is to have a point at all, is to examine legislation, reject bad legislation and, where necessary and feasible, improve the legislation. So, I utterly reject the noble Lord’s comment that this is designed to wreck the Bill.

I have various declarations to make. My first declaration is that I have no desire to shoot an animal in Africa, nor to bring a trophy home. In fact, I believe that if my wife were to wake up in the morning and find a kudu head at the end of the bed, she might react in the same way as if it were the severed head of a horse, to use an analogy from a film—which is quite a dangerous thing to do and was recently done rather poorly by President Biden.

However, the point is not whether I want to import trophies here from Africa or elsewhere. I set aside my own personal views and want to look at the legislation as it stands. The other two declarations I should make is, first, that I consider the Minister to be a close friend of mine—I do not know whether he will consider me in the same light after this—and I am afraid that for him it is a question of the cab rank principle of KCs that he has to accept whatever brief is coming his way. However, he is nothing but a serious conservationist, and I slightly wonder what is going through his mind privately—but we will not dwell on his grief: he will do this job in the entirely professional way that he handles so much of his brief, which seems to be a brief without beginning and without end.

However, the second and more serious point I want to make—this is a proper declaration—is that I am the deputy chairman of the Commonwealth Enterprise and Investment Council, which is designed to grow intra-Commonwealth trade. We heard in the previous Statement about the rise of Africa and how the African Union will now be represented at the G20, and Africa is coming of age. Everyone is looking at Africa. Hopefully, the British Government and our allies will look a bit more closely and try to fill the void that has been left by some countries to stop the Wagner Group, China and others exploiting that magnificent continent.

I am therefore very conscious of the role of the Commonwealth and of the perception that in some way the Commonwealth is a hangover from colonialism and the British Empire. Manifestly it is not; you only have to look at the most recent accession countries to the Commonwealth to see that they have absolutely no historic connection with this country whatever. However, it is there, and we should accept that there is that lingering suspicion. I am therefore enormously sensitive and immediately alert to the possibility that anything we say or do in this country about developing countries, particularly in Africa, could be conceived or misconceived as some form of neocolonialism. I know there is a temptation, and the noble Baroness, Lady Bennett, from the other side tried to paint this as an all-boys club gathering—I was rather amused that the next, excellent speaker was the noble Baroness, Lady Wolf, which put paid to that rather cheap accusation.

The point is that Africa is watching. As the noble Lord, Lord Mancroft, said, we had a delegation of Ministers from some African countries. As a Minister I certainly would never have gone to an African country in the same way they came here to make these points. They came all this way to talk about what they wanted to do in their own communities, with their own experiences, and not the great principle of whether trophy hunting is morally right or repellent—which some people feel, and I absolutely accept that—but what it means to their local livelihoods and their local population. We should factor that in.

It makes me feel extremely uncomfortable that here we are, sitting on our well-upholstered behinds in the lovely gilt and leather confines of the House of Lords, telling people in Africa, in this century, in this day and age, how they should go about making their living. What an appalling idea that we could think that we could replace what they are trying to do by making this illegal, destroying that part of their livelihood and saying that we will replace it with aid. That is not what aid is meant for. It is not meant to make populations dependent; it is meant to liberate people, to encourage them to get up, do their own thing to the best of their ability and trade their way out of poverty. I will never vote for anything in this House which has an adverse effect on the livelihoods of people in those countries. We should think very carefully before we start telling those people what they should be doing.

[Lord Turnbull (CB)]

My Lords, I am sorry that I was not able to speak at Second Reading; I found out that it was scheduled only after the speakers’ list had closed. However, I have read the Hansard for that debate.

Like others, I am now struggling to find a rationale for choosing which amendments to support and which to oppose. This is difficult, as the Bill is flawed. Its stated aim, found in the impact assessment, is

“to ensure that imports of hunting trophies to the UK are not placing additional pressure on species of conservation concern”.

This muddles up two completely different objectives, the promotion of conservation and limiting import of trophies. The link between the two is tenuous. Acting on trophies will do precious little to promote conservation. As the Bill applies only to imports into the UK, it will do nothing to curb the appetite of the legendary Minnesota dentist.

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[Lord Robathan (Con)]

Anyway, to go back to the matter in hand, I would say that, when I and several other noble Lords here met a delegation from countries from sub-Saharan Africa, as I recall, there were two female African Ministers who came to talk to us—so it is not purely men who take a view on this.

[Lord Swire (Con)]

Just for clarification, when these Ministers and MPs took all the trouble to come from Africa to put their point over, is my noble friend aware of how many of those who support the Bill actually had the politeness to meet them?

[Lord Robathan (Con)]

Yes, I am indeed aware: none. Which was a pity, and it was especially a pity that my noble friend Lady Fookes did not come to hear what had to be said by people who actually know a great deal about the issue because they live with it.

I said I would make some general points because I was unable to speak properly on Second Reading. I have a farm in Leicestershire. I farm for conservation, in my opinion—conservation and subsidy, but the latter is not doing so well at the moment. It is covered in birds and hares. I also shoot, but I only shoot birds and animals that I can eat. I certainly do not want to shoot trophies, such as described by the proponents of the Bill; indeed, I find it rather distasteful. But that is not really the point.

My first point is that this Bill is neo-colonialist. I find it extraordinary that the left backs it, because we are trying to tell independent countries in Africa and elsewhere how wicked their policies are. The second point is that we are ignoring the wishes of these countries, especially those from sub-Saharan Africa. To suggest that we replicate the money that is made from trophy hunting with overseas development assistance is basically treating Africans—nations and others—as supplicants. It is an arrogant zeal that pushes this forward. We are treating them as people who are unable to manage their own wildlife, or indeed their economies, without us telling them what to do.

As we have just heard, this is a terrible Bill in so many ways. It is absurd. I do not think that anybody has ever hunted a mollusc as a trophy, but there it is. It is almost unenforceable and is pretty unintelligible. My noble friend the Minister, for whom I surprisingly have great respect, talked about dancing on a legal pin. Well, should the Bill come to a court—I hope that it never does—there will certainly be the possibility of dancing on legal pins here.

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[Baroness Hayman of Ullock (Lab)]

It is interesting that the noble Lord, Lord Robathan, said no one asked him about this. My noble friend Lady Anderson and I were in the House of Commons more recently than he was, and we had a great number of letters on this issue. On the other hand, it could be that only socialist ladies get them.

[Lord Swire (Con)]

The noble Baroness may well be right, because I was in the House of Commons until 2019 and I got no letters on this subject. I was on the Hunting Bill committee when I first came into the House of Commons and I got a lot of letters about that, mainly because all the evidence was being ignored in favour of prejudice.

[Lord Mancroft (Con)]

If we are all making confessions, I was not in the House of Commons and I never had a letter, but I had a bomb delivered to me in this House from the very nice animal rights people. I also had some threatening letters describing precisely what they were going to do my six year-old daughter, when they followed her to school here in London. Luckily, special branch was very helpful about that. So I am delighted that I did not get any letters, but I know an awful lot about the people who send them.

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We have here an amendment, put forward by the noble Lord, very similar to the amendment from a moment ago by the noble Lord, Lord Lucas. Will the Minister, when he sums up, rather than just going back to what he said originally—that he is not prepared to take any amendment—commit to go away and really think this through carefully? We can then come back, if not in Committee then on Report, and put in place an amendment that will keep everyone here in our Parliament and most people in Africa happy. It will actually show that we have listened to them, care about their interests, and have made a small but important change.

[Lord Swire (Con)]

My Lords, I too will be very interested in my noble friend the Minister’s reply to this amendment. It gets to the kernel of the argument, and actually teases out whether or not this whole Bill is about conservation or something completely different.

This amendment is suggesting that it would apply to

“a species classed as threatened on the International Union for Conservation of Nature’s Red List and”—

critically, where that list records trophy hunting as a threat to that species. It does beg the question: if it does not record trophy hunting as a threat to that species, and if the animal is not on the International Union for Conservation of Nature’s red list, why are we gold-plating legislation which would be perfectly palatable to most of us, and at whose behest?

[The Earl of Caithness (Con)]

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

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

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

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

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

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