Ivory Bill

Lord Swire Excerpts

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

[Sue Hayman]

I rise to speak to new clauses 1 and 2 in my name and in those of my right hon. and hon. Friends. Labour’s new clause 1 seeks to expand the definition of ivory to cover the species included in the convention on international trade in endangered species. Members from both sides of the House have voiced their support for the principle of extending the Bill beyond elephants. This is, after all, the Ivory Bill, not merely the elephant ivory Bill. It is not every day that an Ivory Bill comes around, so who knows when this House will have a similar opportunity to take action? Today provides a unique opportunity to enshrine protections for all ivory-bearing species, particularly those listed under CITES, which are some of those most at risk.

This broadening of the definition of ivory is not just because many CITES species are at risk of becoming endangered, but to stop the focus on banning just elephant ivory and so pushing poachers towards other forms of ivory, including hippo, narwhal, killer whale, sperm whale and walrus ivory. As the Born Free Foundation has stated:

“It would be a tragedy if we worked really hard to save elephants and other species were collateral damage in the process… We recognise that the trade is entrepreneurial and will move to wherever there is an opportunity.”

Both the International Fund for Animal Welfare and the Born Free Foundation stated in their evidence to Members that an extension of the definition of ivory would be welcome, provided that it did not delay the passage of the Bill. During the evidence session, Will Travers of the Born Free Foundation said:

“From 2007 to 2016—just under a decade—78,000 hippos and hippo products were exported by CITES parties. Hong Kong imported 60 tonnes of hippo ivory between 2004 and 2014… Those are not insignificant by any measure—they are enormously significant.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 5, Q2.]

As I have said on the record, the Opposition are keen for this legislation not to be unnecessarily delayed, but we must also ensure that it is the best it can possibly be. There appears to have been a rush to push it through at any cost before the international wildlife conference in October, despite the advice I have been given that this is not achievable: it will not get through all the legislative stages in time for the conference. Will the Minister clarify whether the target has been to get it in place before the conference? Will he explain to the House why the Government have sought to oppose sensible and necessary amendments to the Bill on the basis of not wishing to delay it?

[Sir Hugo Swire (East Devon) (Con)]

In the spirit of consensus, will the hon. Lady also take this opportunity to congratulate this Government on being the first to legislate in this area?

[Sue Hayman]

As the right hon. Gentleman will hear, I shall be doing just that later in my speech. That is a very important point, and we do support the Bill.

Will the Minister look again at the arguments the Government made against Labour’s attempts to broaden the scope of the Bill in Committee? One of the arguments was that such an amendment could be challenged under the European convention on human rights. As I said in response in Committee, this is clutching at straws, and it is directly in opposition to the legal advice that I have sought, so I want to put this argument to rest once and for all.

According to the legal advice I have taken, primary legislation can be challenged only on human rights and EU law grounds. I have been informed that in the case of human rights, the argument would have to rest on article 1 of protocol 1 on the peaceful enjoyment of property, which is also subject to a public interest caveat. On that basis, we can justify the inclusion of other creatures—such as on the grounds of endangerment —in the same way as elephants. This is the legal information and advice that I have received, and I wish to put it formally on the record.

In fact, it is arguable that the omission of other species makes the Government more susceptible to legal challenge, not less, as the Government have already recognised the need to protect other ivory-bearing species, but have chosen not to do that through this legislation. If Ministers are going to continue to push this argument, may I ask that a copy of the legal advice they have received is made available to Members in the House of Commons Library?

Despite the fact that the Opposition feel that these other ivory-bearing species could legally be incorporated in the Bill, if needed, we have, in the spirit in which this entire legislative process has been conducted, listened to the concerns set out by the Minister in Committee, and we have revised our original amendment into new clause 1, to address the concerns that the Government raised in Committee. New clause 1 would simply mandate the Government to introduce secondary legislation on other CITES ivory-bearing species within a 12-month timeframe. Given that the Government have said that they understand the merit of widening the scope of the measure to include other species, it should not be a problem for them to commit to doing so in the Bill. New clause 1 would allow a consultation if necessary, while at the same time ensuring that secondary legislation is introduced and that the issue cannot slip off the agenda indefinitely.

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[Sir Hugo Swire]

New clause 2 has some merit, but it seems that it simply requires the Secretary of State to report within 12 months. It says nothing about an annual report on what the Government are doing to help to combat the trade and what targets have been achieved. Why have the Opposition alighted on a single one-off report?

[Sue Hayman]

The new clause was tabled after we looked at what has happened since China banned ivory in January. Everyone was very excited about that, and believed that it would have a swift impact on ivory poaching. The evidence before us shows that more than six months on, it has not had very much impact. Rather than sitting here being very pleased with ourselves for introducing an ivory Bill, which I am sure we will do, we need to make sure that what we produce is effective in the communities where ivory is being poached. The idea of having a report in 12 months was to see whether what we are doing is having more effect than the Chinese ban. If not, the Government would have an opportunity to review the legislation.

[Sir Hugo Swire]

Indeed, the logic of what the hon. Lady says is that these things take time to have an impact. A one-off report in 12 months might not truly reflect the changes that the Government’s legislation will have in, say, two to three years. An annualised report is something worth looking at.

[Sue Hayman]

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

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[Anna Turley]

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

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

[Sir Hugo Swire]

The hon. Lady has, of course, omitted the very serious commitment, in terms of personnel and funding, that we give through the British Army and anti-poacher training, in Africa and elsewhere. She must concede that.

[Anna Turley]

Absolutely, but that is a separate issue. I am talking about enforcement in this country. Thousands of cases a year pass through Heathrow, and the police must investigate every single item that is found in a suitcase. As we heard in Committee, there must be months and months of investigation of very complex cases of a cross-border and international nature, and that requires proper resources.

I hope that the Government have listened wholeheartedly to our recommendations, but I welcome the Bill. We have worked on it collaboratively and in strong partnership, and I think that there is little in it with which any Member can disagree. It is a landmark Bill, and I hope that it will have a significant impact on not only the elephant population, but many other species.

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[Mr Paterson]

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

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

[Sir Hugo Swire]

I hope that I am not stating the obvious, but I just wondered whether my right hon. Friend agrees that a good place to start this best practice would be within the Commonwealth.

[Mr Paterson]

Absolutely. Commonwealth members made several helpful contributions at the conference, and they will be invited again. The Commonwealth is a good vehicle for this, because this is about stopping both supply and demand, mainly in Asian countries, and some of our Commonwealth colleagues could be helpful at both ends of the trade.

I really want to hear from the Minister, but, based on what he has told me informally and from what I have seen on the DEFRA website, I will be supporting amendment 3, because it will deliver the fastest route to our aim. I think it would also be sensible for the Opposition, having listened to the debate and been convinced by the arguments, to withdraw their amendments so that we can get on to Third Reading.

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[Liz Twist (Blaydon) (Lab)]

It is a great privilege to speak in this debate, which is of so much interest to many of our constituents, right across the UK. I would like to talk about four things. I will speak in support of new clauses 1 and 2, but first I will refer to a couple of other issues that we discussed at some length in Committee. It would be helpful to hear the Minister’s response regarding those issues, but they will not be fresh ones to him; this is well-trodden ground.

The first issue is that of cyber-security. This is an important matter, as has been acknowledged. Much illegal trading is done over the internet. In Committee, we discussed the need for proper measures to deal with that and heard about the difficulties in tracing that. Does the Minister have anything to say on that? If we are to make this legislation effective, it is important that we deal with the issue of cyber-security and cyber-trade.

The second issue is that of enforcement, which we also discussed in Committee. When taking evidence, we heard from Inspector Lou Hubble—head of the UK National Wildlife Crime Unit—who spoke particularly about cyber-security. She saw the need for additional resources to deal with the cyber-trade in ivory. Goods that are often presented not as ivory, but as bovine bone or other sources are really difficult to track down. I wonder whether the Minister has anything to say about that.

Let me turn to new clause 1. It seems that we all agree that we need to extend the legislation to include other sources of ivory. We are all concerned that, if we ban elephant ivory and strengthen the measures against that, we may displace the trade and find that other species are affected. That is why I am keen, as are other colleagues, that we broaden the description of ivory in the Bill. I heard the Minister saying that an announcement had been made on this, and it is good to see that there is change and movement in this area—we all agree that that is important—but I still support new clause 1. Will the Government consider going that bit further and supporting the new clause?

[Sir Hugo Swire]

The hon. Lady talks about going a bit further. Surely the whole point is that what the Government are proposing goes further than the Opposition’s new clause.

[Liz Twist]

We are keen to see that action is taken now and not deferred. From our perspective, new clause 1 would improve and strengthen the Bill.

New clause 2, which is also in the name of my hon. Friend the Member for Workington (Sue Hayman), calls for a report on the ivory trade in 12 months’ time. It is important that we have a mechanism for reviewing how the Bill is operating in practice within a period of a year, so that we can ensure that it is doing what we want it to do: reduce the slaughter of endangered species and other species covered by the Bill. It is also important that we ensure we can take steps to strengthen the legislation in the future if that is necessary, so I support new clause 2.

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[Sir Hugo Swire]

I will speak briefly because time is marching on, and I did not have the privilege of serving on what I believe must have been a fascinating Public Bill Committee. Coming to this quite new, I urge the Opposition to drop their proposal to push new clause 1, which I do not think the Government are supporting. I completely understand where they are coming from, and had the Government not come up with their latest proposal, I would in fact have supported new clause 1. However, I believe the Government’s proposal trumps what the Opposition are suggesting. It is unfortunate, when we are trying to send a unified message to those in the world who are watching these deliberations, that there is or is perceived to be some artificial division between us, when I do not think there really is one. I therefore urge the Opposition to look again at withdrawing new clause 1.

It is important to get the Bill through without the threat of judicial review or—I am not a lawyer—any other kind of legal challenge. We must aim for the wildlife conference in October, and it is absolutely critical that we enable the Bill to be passed before then. At the wildlife conference, which is designed to protect the elephant, I hope, as a former Minister for Asia, that we will cover Indian elephants, because we tend to concentrate more on Africa than elsewhere. I saw a programme the other day about what is happening to elephants because of logging: there is no use for them, and they are therefore abused, killed or whatever. I hope that the wildlife conference, rather than just discussing the issue of elephants being killed for their ivory, also looks more holistically at the role of an elephant in such communities and at how we can better support them.

As I say, I have come to this quite late, but I believe there are still outstanding issues. I am sure those issues will be addressed in tremendous detail in the other place, not least the subject of compensation for some collectors, the measures on antiques and the proposals put forward by the antiques trade, which I think need to be looked at again, as well as the charges to exemption certificates. I am sure such points have been well articulated in Committee, and I have absolutely no doubt that they will be looked at more closely again in the other place; the point of the other place is to look at such issues in great detail.

I believe the principle of what the Government are seeking with the Bill is absolutely right. It is one of those rare occasions when the House is unified on something that will have huge popularity well beyond the Chamber.

[Mr Paterson]

Am I right to say, as a summary of the position of those involved in the antiques trade, that they find that the Bill is tough but fair and that they would not like it tightened up any further? For speed, should we advise those in the other place not to spend too much time changing the Bill? Speed is of the essence in getting it through before the conference.

[Sir Hugo Swire]

Yes, I agree with my right hon. Friend. I would say that there are legitimate concerns that still need flushing out, but I do not think anything should be done that will prevent the passage of the Bill in time for the wildlife conference. There are genuine concerns about how tight the legislation is in some respects and about how people may be inadvertently affected. I believe that legislation is only as good as the thought that is given to it, and there is nothing worse than implementing bad legislation. The legislation has to stand the test of time, and I believe the Government are trying to achieve that. I am sure that any serious points raised in the other place will be addressed suitably, but my right hon. Friend is, as usual, absolutely right that we must do nothing to prevent the swift passage of what is, in most respects, an excellent Bill.

[David Rutley]

This has been another outstanding debate on a very important subject, and I am very grateful for all the contributions that have been made.

On Second Reading, I was heartened to hear the support from all parties for the Bill. I thank all the Committee members for their important contributions on this issue and for the suggestions on how we can refine the Bill. Progress has been swift, and it is crucial that we continue that pace of progress on the Bill, as has been set out in numerous speeches.

I would like to give a warm welcome back to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). As always, the Department will benefit from her keen intellect and boundless energy in moving forward with so many important initiatives, of which this Bill is not the least. It is good that she is in her place on the Front Bench today.

We have not really discussed the intention of Government amendments 1 and 2, which seek to provide a definition of a pre-1918 portrait miniature for the purpose of the exemption in clause 6. The amendments adds a size restriction to the definition so that portraits with a 320 sq cm surface area qualify for exemption. That is the maximum area of the visible surface of the ivory “canvas”, irrespective of the size of the frame. In Committee, Emma Rutherford, a representative of Philip Mould & Company, who is an expert on portrait miniatures gave evidence on how the exemption for portrait miniatures could be refined to add a size limit. The Government listened to that expert evidence and to views expressed in Committee and have introduced proposals that set maximum dimensions for portrait miniatures. We have discussed this, but we have chosen to exempt portrait miniatures because the value of these popular items is due not to their ivory content but to their historical importance, the delicate painting and their luminosity.

Let me now move on to important subjects that have been discussed at length today. We should focus our attention on Government amendments 3 and 4 and discuss matters raised in debate. I shall then come on to discuss new clause 1. As has been said, amendments 3 and 4 will extend the power to make secondary legislation so that the definition of ivory could include that from any ivory-bearing species.

The hon. Member for Workington (Sue Hayman), in a characteristically considered contribution, asked whether the focus on elephants was initially an oversight. Non-governmental organisations, particularly during the evidence session, underlined the need to focus on elephants as an urgent priority. There was no oversight—there was a clear focus to start with—but that is not to say that we should not move on and look at other species.

We have heard passionate speeches expressing concerns about other species, from the hon. Member for Redcar (Anna Turley) about hippos, and from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). I do not think anyone will forget the speech by the hon. Member for Leeds North West (Alex Sobel), and his legendary narwhal song. We will have to find the words and start humming them in the bath, or something.

As my right hon. Friend the Secretary of State made clear on Second Reading, it is important that, as a result of this ban, the trade in ivory does not move to other species. That is why we included a power in clause 35(3) to allow other ivory-bearing species listed under CITES to be brought into the scope of the ban.

[David Rutley]

My hon. Friend has been consistent throughout the process about the need to push forward, as have many colleagues on both sides of the House. Absolutely—we need pace, and I will come on to how we will ensure that we move forward as quickly as possible in the weeks and months ahead.

[Sir Hugo Swire]

When my hon. Friend begins to explain why the Government’s proposals are better than Opposition new clause 1, will he provide the House with evidence such as potential legal challenges or judicial review that has led the Government to decide that this is a better way to proceed?

[David Rutley]

Indeed I will. My right hon. Friend has made an important point. Of course, we want to move fast, but we want whatever legislation we introduce to be compliant. We want to make sure that it is effective and enforceable legislation, and I will come on to explain more about that.

We have listened carefully to the views put forward by expert witnesses in Committee and by Members on both sides of the House, and we have made it clear that we should not wait for ivory species to become endangered before we can take action. The amendments will therefore allow us to prohibit dealings in ivory from CITES species, as is currently the case under the existing drafting of clause 35 and, additionally, any other ivory-bearing animal or species, including those that are endangered—for example, warthogs, my favourite animal.