Read Bill Ministerial Extracts
Ivory Bill (First sitting) Debate
Full Debate: Read Full DebateLuke Pollard
Main Page: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)Department Debates - View all Luke Pollard's debates with the Department for Environment, Food and Rural Affairs
(6 years, 4 months ago)
Public Bill CommitteesQ
David Cowdrey: For the October illegal wildlife trade conference we have a global stage. Senior politicians and Heads of State will come to the UK, and announcing that we have on the statute book an ivory ban that is one of the toughest in the world will be critical as part of that global leadership. As for acting as a deterrent, we know that closing down markets alone will not stop the illegal ivory trade—it is an illegal trade and we need good enforcement measures to go alongside it. We have opportunities with the illegal wildlife trade conference regarding our own law enforcement. The National Wildlife Crime Unit is funded only until 2020, and that funding must be renewed and become permanent if we are to show global leadership in acting as a deterrent and having the correct law enforcement. The CITES Border Force team is our frontline of defence at Heathrow, and they are conducting training all over the world. When staff leave or posts become vacant they must be renewed because we must maintain that capacity to act as a deterrent.
As organisations, we invest—as do the UK Government —in anti-poaching work on the ground. This is not just about closing down markets or legislation; this is about enforcement and feet on the ground doing that anti-poaching work. It is a mixture of measures, but with this Bill the UK can show that global leadership of taking the right steps in the right direction. We know that the Government are also investing in a lot of work overseas by having troops going to Malawi, training rangers, and other overseas investments.
Cath Lawson: We very much endorse that. To ensure that the impact of the Bill is realised there must be sufficient effort to raise awareness of it, and sufficient support resource going to the implementation of enforcement. We must particularly seek long-term funding for the National Wildlife Crime Unit.
Will Travers: Yes, I would agree with all that, and I want to show the Committee something that may help understanding. The question was about what the Bill’s impact on poaching will be, and it is hard to make a direct correlation. However, we can have a direct impact on other aspects that relate to poaching. I am holding a piece of ivory and it looks antique to me. It obviously looked antique to half a dozen ivory dealers who looked at it and said, “Yep, that is pre-1947. We would be happy to sell it”. We had it DNA tested, and it is from about 2000. It is a modern piece of ivory—well, the ivory is from 2000 but the carving was done later. This must have come from an elephant that was poached in the past 20 years. The Bill will help to deal with that, and that is a direct link to poaching. It is very important.
Investment in wildlife law enforcement in Africa is really important. It is about boots on the ground, but also about agencies that prosecute people. It is about legal systems and ensuring that deterrent sentences are indeed just that and are effective, and that people do not get off with a slap on the wrist. It is about ensuring that law enforcement officers are properly trained and can carry out their duties effectively. The African Elephant Coalition includes 30 countries with African elephants that have worked together, united, to try to deal with this issue across international borders. I am sure future speakers will talk about the countries of the Elephant Protection Initiative, which are coming together under a common agenda.
My final point is that we need to step up and think about investment in a slightly different way. In my view, there is a common linkage with our clear objectives in overseas development, which are to deal with poverty and to provide opportunity. Those are also based on healthy and secure environments, including wildlife environments. Many of the ecosystem services that the poorest people in Africa depend on come from protected areas. If we are not investing in the protected areas where elephants and other species live, we are not doing a great service either to the species we wish to protect or to the people who live literally downstream from those protected areas.
David Cowdrey: One of the points that has been mentioned is that the Bill is about not only law enforcement but deterrence. There is an opportunity here to introduce a set of sentencing guidance for courts in the United Kingdom, to provide that information to magistrates and judges when prosecuting cases. We need appropriate sentences to be given for the crimes at the end of the day. Having the Bill on its own and having law enforcement is one thing, but we need good sentencing guidance to ensure that appropriate sentences are given.
Q
David Cowdrey: I attended the Partnership for Action against Wildlife Crime conference at Kew last week, and one of the questions I asked was about the growing issue of cyber-crime. Does the National Wildlife Crime Unit have sufficient resources to tackle the illegal wildlife trade online? Quite clearly that is something it would like additional resource for.
As Will said, these criminals are working in an environment where they can adapt and change very swiftly. The online market provides anonymity, as they can create false identities, so trying to prosecute them becomes much more difficult. Only yesterday we had the introduction of new guidelines on the control of trade in endangered species from the Department for Environment, Food and Rural Affairs, which was fantastic. They include a new crime if someone is advertising an endangered species on annexe A and does not have an article 10 certificate.
Steps are being taken, but we are always playing catch-up with these criminals. We need the resources to be able to prosecute them. That goes not only at the UK level but at international level, with Interpol and within the countries where these crimes are taking place on the ground with poaching.
Will Travers: One of the tools at our disposal is to make sure that the charges for the exemption certificates are sufficiently high. I know that it is meant to be a cost-recovery process, but they should be sufficiently high to make sure that the very limited number of exemption certificates that are applied for are not applied for in a frivolous way, so people are not applying for lots of exemption certificates, which would defeat the object. We need to come back to the core principles of what we are trying to do here and ensure that these exemptions are extremely limited. One way of doing that is to say that if you want an exemption certificate, it will cost—I will make up the figure—£1,000. I think people will think twice when they have to go through that process and fork out £1,000 but might not get the certificate at the end of the day. That is another mechanism that we should look at.
Q
There has been some concern that the ban might lead to displacement to other countries, for example in the far east. You have addressed that to some extent in your comments. Can you reconfirm for the Committee that you believe that the ban will help and that the October conference could be an opportunity to start tackling concerns about displacement?
Cath Lawson: Yes, very much. We feel that we have had the opportunity to input into this process, and we are grateful for that—the consultation process has been very inclusive. If the Bill can be passed in time for the October conference, we can show that we have one of the world’s strongest pieces of legislation on ivory. We feel that it would put the UK in a strong position to work with other countries, particularly those neighbouring China: Laos, Thailand, Bhutan. There is certainly a risk of displacement from China to those sorts of countries, and this would help them move forward with their ivory legislation as well.
Will Travers: I totally agree. With regard to the voice, it was one of the biggest responses in the public consultation, showing the depth of public concern. It was generated not just by advocacy organisations such as those represented here and others; the public in general wanted to have their say. With regard to displacement, the fact that the Foreign Secretary is so invested in the issue—as was his predecessor—bodes well, because the FCO has a really important role to play in making sure that our position on this issue is well understood in the countries that were just mentioned. Although the Bill is about the domestic ivory trade, it is important that it does not become a domestic issue; it is an influencer far and wide, particularly in those countries that have yet to make their position as clear as they could.
David Cowdrey: I agree. We have been listened to and consulted well. The consultation run by the Ivory Bill team at DEFRA should be congratulated on doing a superb job. They have consulted far and wide, with a range of organisations, and constructed a carefully crafted Bill.
There is always a risk of displacement to other countries. The investment that is being made and the training that the UK can provide—not only through our armed forces but through our police services—is excellent. The Metropolitan police in the UK have developed an ivory fingerprinting kit, which is now being rolled out to over 18 countries globally. The British high commission in Mozambique has invited me back to do some training with rangers and ANAC, which is the national parks authority. That is a piece of frontline equipment that can help catch ivory poachers on the ground, and it will also be appearing at the IWT conference in October. Team GB have a huge amount to contribute to law enforcement on the ground, and can provide expertise, training and resources where displacement is happening. Those are good strategic opportunities for tackling some of these real hotspots around the world.
Will an ivory ban help? Yes it will. This is a really good piece of legislation that will provide that global leadership and that position. The opportunities you have within the European Union to get a strong ivory ban in Europe and use this as a template are critical. Every available opportunity should be used to push this across Europe via colleagues, so that we can roll out this ivory ban and get a global ban. This is what we really need in order to start tackling the trade. You have a great opportunity and I wish you well.
Q
David Cowdrey: Absolutely. It is absolutely critical, where you have an exemption—especially for these items where I am challenging the definition and it should be “the rarest and most important”—that we should be publicly accountable for what is being listed. We have been told that this is only for exceptional items—we are anticipating 75 to 150 a year. Having a public register and seeing what has been sold for what amount is critical. Having that posted as an annual report on the website, publicly available to everybody, gives scrutiny to the legislation and to the processes involved, so I would fully endorse that.
Will Travers: I couldn’t have put it better.
Q
Cath Lawson: Yes. Mammoth and warthog are not CITES appendix-listed.
Q
You talked a lot about the October conference and just how important that is for the overall global effort against this activity. How powerful would it be for the UK to have introduced by that point a ban not only on elephant ivory trade but on other ivory trade? If banning elephant ivory is going to be such a big moment, would it not be an even bigger and better moment—an even larger cause of celebration—if we were also able to show in October that we have banned the trade in hippo, walrus and whale ivory?
Charlie Mayhew: Without a doubt it would send a very clear message to the world. It would also continue to show the UK in the lead on the issue; the UK was in the lead back in 2014, when it first instigated that conference. It would really help to focus minds at the conference on the need to put in place enforcement right across the world.
In addition, we hope to see at the conference further efforts to improve enforcement on the ground—we heard a little about that earlier this morning—and investment in tackling poaching. Since 2014 there has been considerable success in places such as Kenya, where poaching is probably down by about 80%, because they invested heavily in tackling the issue on the ground. It can be done, if there is the international will to get behind it and invest in the work.
Q
Charlie Mayhew: Potentially. It must have an influence when other countries see what we have done. Hopefully it would also influence our European colleagues, which is the next big prize for us. We want to see a similarly strong ban put in place across Europe.
Alexander Rhodes: My short answer to your first and second questions is yes, I think so. The second point I wanted to make about the impact of the London conference is just to re-emphasise the importance of closing the domestic market here in the UK for elephant ivory. The elephant protection initiative, which Will mentioned, was launched by five African leaders at the first London conference. We fostered and supported that initiative. The Government then supported the birth of that African-led initiative with funding through the challenge fund.
The elephant protection initiative is in two parts. The first part is to deal with the product, close domestic markets and put ivory stockpiles that have accumulated over time beyond economic use. The second part is then to deal with the animal. The proposal to deal with the animal is to implement the African elephant action plan. That is a plan agreed between all African states that have elephants. It addresses all the issues to do with the management of elephants alongside people. It deals with law enforcement and protected areas on one side, and human-elephant conflict and sustainable livelihoods on the other.
One of the great things that has happened since the first conference, and as we begin to look to the second conference, is the building of this international consensus to close domestic elephant ivory markets, as well as the collapse in ivory prices that we have seen alongside that. What that does in practice is relieve the pressure slightly on countries that have elephants and are trying to manage those elephants. It allows them then to focus more on some of the other issues, as well as dealing with illegal poaching and the interference of criminal gangs. It also allows them to focus on problem management, sustainable livelihoods and so on. Those things are obviously something that we would all come in behind on.
As we look to this next conference in October, the elephant protection initiative will form part of it. It is now 18 African countries strong, having started with five at the first London conference and having been supported by the British Government the whole way through. The focus at the conference will not only be on celebrating the push to close domestic markets, but very much on raising funding and applying funding under common national plans under the African elephant action plan. That is development funding as much as anything. Focusing on that as much as on what we were talking about earlier with elephant ivory more broadly will be critical in demonstrating the success of closing domestic markets in terms of the survival of the species.
Q
Charlie Mayhew: I do not have that information, but I anticipate that that figure would be across most ivory, and you would see something similar reflected.
Ivory Bill (Second sitting) Debate
Full Debate: Read Full DebateLuke Pollard
Main Page: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)Department Debates - View all Luke Pollard's debates with the Department for Environment, Food and Rural Affairs
(6 years, 4 months ago)
Public Bill CommitteesQ
Grant Miller: Border Force has a team of 10, and last year was our best seizing year. It was not good for civil society. In excess of 1,000 seizures were delivered during the year, across all commodities.
Chief Inspector Hubble: I have a team of 12. I have four investigative support officers working on the ground, supporting police forces, two analysts, three intelligence officers, one indexer and an office manager. I do not have the figures to hand for how many investigations we have been involved in, but every seizure that comes from Border Force will come to us. We also work across six of the UK wildlife crime priority areas. CITES is one of those priority areas, but we have a significant remit outside CITES, looking at domestic wildlife. Bats, badgers, bird of prey persecution, freshwater pearl mussels and poaching all sit within UK strategic priorities at the moment, and our work is split between all those areas.
Q
The Government have said that the Office for Product Safety and Standards will be the responsible regulator. How do you see your respective organisations interacting with that new regulator in this respect?
Grant Miller: We would look to engage with it very early on. In the UK, we have a body called the CITES priority delivery group, which brings together all the actors involved in this, and we would certainly look to invite it to sit on that. The contribution it can make is through intelligence. If it identifies goods that may be imported or exported, it must get that intelligence to us to enable us to target better at the border. Having another organisation involved in the fight adds more strength. We are looking at developing our productive relationship with it.
Chief Inspector Hubble: We would be keen to establish protocols very early on. The Bill gives it the authority to inspect premises and apply for search warrants. We are keen to ensure its activities do not jeopardise ongoing enforcement operations, so it is key that we all link together to ensure that, if we are looking at the same people, we have a targeted, focused approach to dealing with them.
Q
Grant Miller: I do not think there would be a great expansion for us. Many of the species that you could be looking at, for example, hippopotamus, etc., are already listed on CITES. If we were to see them on import or export and there were no permits, our action would still be the same to seize and refer.
If mammoth ivory or warthog, that have been mentioned, are brought in, we have the ability to detect them, but we are not taking any seizure action. We are almost doing half of it. We are detecting it, but we are not then building the case and making the referral. I think the increase in work would be marginal for us at the border.
Chief Inspector Hubble: The role of policing throughout the UK is to uphold and enforce the law and deal with those who break it and we will continue to do that. From an intelligence perspective, we currently do not have any evidence to suggest that the trade around those other species is of significant number to warrant anything. We have to look at priority species that we deal with. In CITES, we have a number of priority species that we look at that have been raised there either from a conservation perspective or from a volume crime perspective. We would have to be intelligence-led and guided by scientific authorities before we would be able to put them on the Bill, because we have to be intelligence-led as a police unit.
Q
I do not know how we tackle this. This may sound naïve, but I do not know the answers. Do you have the ability to do “stop and search” random checks on items being sold from eBay, for example? Is that something that the police can do? If you looked at something and thought it was ivory, would you have the power to go in and check it?
Chief Inspector Hubble: If the information is in the public domain and the item is being openly sold on eBay, we can take screenshots, get details of the seller of these items and our intelligence function would do some research with eBay to look at other items that they have bought and sold. We would start to build that intelligence package with a view to going out to police forces to get some enforcement action taken.
Q
Hartwig Fischer: I would like to corroborate that. Lending is part of our key mission. We hold these collections for the public and share them as widely as possible. It is also part of our mission as national museums to project British values across the globe by engaging with other institutions by sharing knowledge and heritage. All our museums—ICOM museums included—are bound by an extremely strict code of ethics. Any museum dealing with another institution is bound to check the ethical validity of the other institution. To the best of my knowledge, all museums do that. Again, you have a number of codes and procedures in place to make sure that there is no breach. The fact that museums rank among those public institutions that enjoy the highest trust is evidence that this has worked and is reliable.
Q
“‘ivory item’ means—
(a) an item made of ivory, or
(b) an item that has ivory in it,
but does not include an item consisting only of unworked ivory”.
Can you help me understand how many of your collections include unworked ivory in this respect? Do you think that exemption is appropriate, or does it actually cover a much larger section of items in museum collections?
Anthony Misquitta: I do not think we are concerned by that. As a museum of art and design, we are not interested in unworked ivory; we are interested in worked ivory.
Dr Boström: That does not really pertain to us, no.
Anthony Misquitta: We are not worried by that distinction, because we work only in highly crafted art and design.
Hartwig Fischer: However, among the national museums is the Natural History Museum, which is one of the grandest and most important of its kind in the world, and it might have—it probably does—unworked ivory as part of its documentation of natural history. So yes, it is likely that our museums have only ivory that has been worked—carved, incised or what have you—but it might very well be that the Natural History Museum, in living up to its purpose and mission, has unworked ivory in its collections.
Q
Hartwig Fischer: My hunch is that since 1975 there have been no purchases of unworked ivory, so I do not see any museum—any natural history museum or any museum of this kind—engaging in anything like this. These are historical holdings.
Dr Boström: Further to that, because they are historical holdings—as in the Pitt Rivers Museum or any of the famous university museums with natural and artistic objects—I imagine that there is enough in the existing public collections, across all museums, that, should it be necessary to display or interpret unworked ivory for an educational purpose, we do not have to go anywhere else for unworked ivory.
Q
Dr Boström: Are you talking about the volume of acquisitions, or the objects that might come to us?
Ivory Bill (Fifth sitting) Debate
Full Debate: Read Full DebateLuke Pollard
Main Page: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)Department Debates - View all Luke Pollard's debates with the Department for Environment, Food and Rural Affairs
(6 years, 4 months ago)
Public Bill CommitteesI, too, rise to support the very important amendment 11. A phrase that is used with medical students is “first, do no harm”, and we ought to think about that all the time when passing legislation. I have a real concern, which is backed up by evidence, that when passing legislation such as this we can have a disproportionate impact on another species. We all support the Bill wholeheartedly; it is long overdue in protecting elephants, but we should be absolutely mindful of its potentially damaging knock-on effect on other species.
I rise to speak about the noble hippopotamus in particular. [Hon. Members: “Hear, hear!] I think everyone agrees what a beautiful and wonderful animal it is. The number of hippos in the world has crashed by 95% in 30 years, and that is widely acknowledged to be a knock-on effect of the increasing restrictions on the trade in elephant ivory. For example, in the Virunga national park in the Democratic Republic of the Congo there were 29,000 hippos and there are now just 1,300. The hippo is vulnerable and is on the red list of threatened species, and there is deep concern that it is being poached and hunted for its teeth, particularly as the loopholes close around elephant ivory. In 2014, 60 tonnes of hippo teeth were exported to Hong Kong from Africa, and from there they were sent to European countries. If the purpose of the Bill is to close markets that are driving that trade, there is clearly a strong integrated global trade in hippo teeth that has a huge effect on the species.
Different countries are taking different steps. Uganda has banned the trade in hippo teeth, and in the Democratic Republic of the Congo the hippo is a protected species. It is vital that we take this opportunity to send out the message that we in this country do not believe that hippos should be killed or poached for their teeth, and that our view is that our legislation on protecting elephant ivory will not have a damaging impact on the hippopotamus.
I close with a quote in the National Geographic by Pieter Kat, who is a conservation biologist in east Africa:
“What we need to realise is African wildlife conservation should not be guided entirely by a focus on elephants and rhinos. Many other species are being traded to extinction in Africa, and I would to have say hippos are probably one of the most obvious examples of this.”
We need to tread very carefully, so that in doing something fantastic to protect the beautiful species of the elephant we do not have a knock-on effect on that of the hippo.
I rise to support the amendment, and to pick up on the point made by the hon. Member for North Dorset about the risk of parliamentary sovereignty being judicially reviewed. Unfortunately, I am not sure that the Clerk can intervene in Committee to clarify the legal position, but I reassure the hon. Gentleman that the courts are there to reinforce the will of Parliament rather than to police it.
Primary legislation cannot be judicially reviewed. That picks up on the point made earlier by my hon. Friend the Member for Redcar that no amendment can be made to any Bill, subject to consultation, if we have strict enforcement. However, given the fact that there is no risk of judicial review of primary legislation, and that the shadow Minister has provided a handy, quick, short consultation route, I do not see much problem with accepting the amendment.
The process by which the law is made is judicially reviewable, and one cannot put in, when making law on a whim—whether of a Committee or of a Parliament—something that has not been consulted on, under the regulations, with relevant bodies. For example, we know that we will ban flammable materials for high-rise blocks. The Government still have to consult on it, because we cannot just make law on the hoof. The process of suddenly including things that were precluded from the scope of the Bill when it was a Green Paper for consultation is, I am afraid, judicially reviewable. The hon. Gentleman is right about the outcome, but the process by which we arrive at it is judicially reviewable. That could delay the implementation of the Act. That is what we have to avoid.
I thank the hon. Gentleman for his comments. As the Bill is called the Ivory Bill, it is well established that its scope can include ivory. The only definition included in the Bill refers to elephants. A clear opportunity is available to Members to expand that to include other species that are directly at risk from the precedent set by tackling only elephant ivory.
I am not certain that the hon. Gentleman is correct when he talks about the judicial review risk. However, I am certain that we all want elephant ivory to be banned and the ban to be extended to other types of ivory. Two possible routes have been laid out: the first is accepting the amendment proposed by the shadow Minister; the second is for the Government to take a short consultation period, after having accepted the amendment, to ensure that everything is in order.
I think we might be dancing on the head of a pin. We all want these species to be brought into the scope of the Bill, and we need to work out the best way of doing that. From my point of view, having, ahead of the conference, a piece of legislation that bans trade not only in elephant ivory but in that of other species would send a powerful message, and a stronger one than if the Bill included only elephant ivory.
I also rise to support amendment 11. It is imperative that there is no knock-on effect and endangerment of further species as a result of the Bill. We heard extremely clear evidence from experts that that is exactly what would happen. We must ensure that it is all-encompassing. We have heard already that expert opinion says that that can be done timeously and so as not to interfere with the announcement at the conference later this year. A short consultation period can take place.
Where there is a will, there is definitely a way in the case of the Bill. I also put on record that although announcements at conferences are extremely welcome and important, they are not as important to me and to the Scottish National party as protecting a number of endangered species for future generations.
Ivory Bill (Sixth sitting) Debate
Full Debate: Read Full DebateLuke Pollard
Main Page: Luke Pollard (Labour (Co-op) - Plymouth Sutton and Devonport)Department Debates - View all Luke Pollard's debates with the Department for Environment, Food and Rural Affairs
(6 years, 4 months ago)
Public Bill CommitteesI wonder, regarding the geographical extent of the Bill, whether it will include British sovereign bases on Cyprus and elsewhere, and what its geographical extent to overseas territories will be.
I thank the hon. Gentleman for his question. The answer is that it will not. I can write to him to give him a bit more detail as to why that is the case.
Question put and agreed to.
Clause 40 accordingly ordered to stand part of the Bill.
Clauses 41 to 42 ordered to stand part of the Bill.
New Clause 1
Reporting requirements: Exemption certificates
‘(1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State must—
(a) prepare a report on applications for exemption certificates that have been granted during that year, and—
(i) lay a copy of that report before Parliament, and
(ii) 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 in respect of each exemption certificate granted—
(a) the description or descriptions provided in accordance with section 3(1)(b) by the person that applied for the exemption certificate,
(b) the photograph or photographs provided in accordance with section 3(1)(c) by the person that applied for the exemption certificate,
(c) when the certificate was granted, and
(d) any other information that the Secretary of State considers appropriate.’—(Sue Hayman.)
This new clause requires an annual report to be published with details and pictures of all items that are granted an exemption certificate under section 3.
Brought up, and read the First time.
Question put, That the clause be read a Second time.