Ivory Bill

Michael Gove Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Monday 4th June 2018 Commons Chamber

[The Secretary of State for Environment, Food and Rural Affairs (Michael Gove)]

I beg to move, That the Bill be now read a Second time.

I well understand why so many Members were in the House to hear the application for a debate under Standing Order No. 24 made by the hon. Member for Walthamstow (Stella Creasy). I am sure that I speak for Members in all parts of the House in thanking her for giving us all an opportunity to discuss that important and urgent matter.

Nature, as we know, has the capacity to awe and to inspire, and there are few more awe-inspiring examples of nature than the African elephant. It is a remarkable, keystone species: an icon which, for many of us, sums up nature at its most impressive, transformational and powerful. It is an important species not just because of what it symbolises, and not just because of the economic impact of tourism on Africa, but because it is indeed a keystone species on which the health, biodiversity and resilience of Africa’s economy depends.

[Henry Smith (Crawley) (Con)]

My right hon. Friend is making a fantastic start to his speech. It is estimated that some 20,000 African elephants are being poached every year, the equivalent of about 55 a day. Does that not mean that it is important for us to pass the Bill as soon as possible?

[Michael Gove]

My hon. Friend has anticipated exactly the point that I wanted to make. It is critical that, in appreciating the importance of the African elephant, we also appreciate the scale of the threat that the species now faces. My hon. Friend is absolutely right: given that 20,000 African elephants are being slaughtered every year in a drive by poachers to secure their tusks for criminal gain, we face a remarkable onslaught against the species—an onslaught that is devastating communities and upending economies, and also poses an existential risk to the African elephant. Unless action is taken to interdict the poachers and reduce the demand for ivory, it is possible that, on our watch—on the watch of our generation—the African elephant will meet extinction. I think that, as was well said by my right hon. and noble Friend Lord Hague of Richmond, it would be impossible for any of us to face our children and grandchildren and say that we had the opportunity to take steps, legislative and otherwise, to safeguard this magnificent animal, and failed to act.

The Bill gives us in the United Kingdom an opportunity to play our part and to show leadership. We have been invited to show that leadership by the countries at the sharp end. More than 30 African nations have asked us, and others, to do what we can to stop the poaching, to end the trade in ivory, and to restore balance and health to their nations by supporting their efforts to ensure that the African elephant can survive in the future.

[Simon Hoare (North Dorset) (Con)]

rose—

[Mary Creagh (Wakefield) (Lab)]

rose—

[Michael Gove]

I should be delighted to give way to my hon. Friend the Member for North Dorset (Simon Hoare).

[Simon Hoare]

I am grateful to the Secretary of State, whose Bill has my support. Will there be an opportunity, possibly in Committee, to consider including in its scope the Indian elephant, the rhinoceros and the narwhal whale?

[Michael Gove]

I thank my hon. Friend for his support. There will be an opportunity in Committee to consider whether the scope of the Bill is absolutely as it should be. A number of Members have previously indicated their interest in extending its scope to other forms of ivory, such as narwhal horns, and there will indeed be an opportunity to debate precisely that matter in Committee.

I am also happy to give way to my right hon. Friend the Member for West Dorset (Sir Oliver Letwin).

[Sir Oliver Letwin]

I am grateful to the Secretary of State for giving way, but I was going to ask him the same question and he has given exactly the answer I hoped he would give.

[Michael Gove]

It is always a pleasure to be on the same page as my right hon. Friend. I am also happy to give way to the hon. Member for Wakefield (Mary Creagh).

[Mary Creagh]

I thank the right hon. Gentleman for giving way. I certainly welcome the introduction of this Bill, but would he care to comment on the actions of his friend President Trump, whose Administration in March lifted the US’s ban on importing body parts of elephants shot by trophy-hunters? Will the right hon. Gentleman take the opportunity now to condemn without reservation the reversal of that Obama-era regulation?

[Michael Gove]

I absolutely will, because it is incumbent on all of us across the globe to take action. The specific request from African nations could not be clearer, so it is incumbent on us in the United Kingdom, countries in the far east—which often constitute the biggest market for ivory—and also countries like the United States, which has a distinguished global leadership role, to take action; it is incumbent on all of us to play our part as well.

I think there is an appreciation across the House of the importance of the elephant as a species. I mentioned earlier that it is a keystone species: if it were not for the elephant we would not have the means by which we maintain balance in the savannahs and grasslands of Africa. That is in the nature of the role the elephant plays, by the way in which it feeds and—without wanting to go into too much detail in the House—the way in which it excretes. It is important that we make sure that the elephant survives, because without it savannah and grassland would not survive, and without it we would not have species like zebra or like antelope, and without them we would not have the magnificent predators—the charismatic megafauna, the lions and others which feed on those creatures. So by removing the elephant we would not just see one of the most iconic, beautiful and awe-inspiring species with which we share this planet disappear; we would also unloose upon Africa a cascade effect of environmental degradation and damage that I think none of us could possibly countenance.

[Richard Benyon (Newbury) (Con)]

My right hon. Friend is making a very important point about the pyramid of biodiversity that is protected when one protects the megafauna at the top, but does he agree that conservation of the elephant is essentially a human interface that we have to get right, and that organisations such as the Northern Rangelands Trust in Kenya have been extraordinarily successful in making sure that local people see the value of wildlife? We can assist in that through our role as an international mediator, although we are not a range state.

[Michael Gove]

My right hon. Friend, who played an immensely distinguished role as a Minister in the Department for Environment, Food and Rural Affairs in leading on the defence of biodiversity and support for wildlife, is absolutely right. As well as acknowledging the role that elephants play as an iconic species in their own right and as a keystone species in guaranteeing biodiversity, the successful co-existence of elephants alongside man is a sign of an effective and functioning nation in Africa which is on the right path for the future. It has been so encouraging that enlightened leadership across African nations recognises the vital importance of ensuring that man and the elephant can live alongside one another in appropriate harmony.

It is also the case, of course, that there are forces within African nations that can see in the ivory trade an opportunity to make money, to feed organised crime and to support terrorist and other activity, and it is precisely because ivory poaching and the illegal wildlife trade sustain organised crime and subsidise terror that it is in the interests of all of us who not only want to protect nature and biodiversity, but want to see human societies and other states flourish, to take action to stamp out this crime, and that is what this Bill seeks to do.

[Richard Graham (Gloucester) (Con)]

I welcome the Ivory Bill and the way in which the Secretary of State is putting forward the case for the elephant, but does he agree that one of the difficulties is that if we do things unilaterally they are unlikely to be as effective as if the whole world acts together? Therefore, if we look at the various measures that different parts of the world are taking, for instance the exemption for certain types of ivory from China or the different rules in different parts of Europe, we see that there is a real opportunity for a group like the G20 to harmonise the rules—which musical instruments are going to be exempted and so on—across the world.

[Michael Gove]

Yes, I absolutely take my hon. Friend’s point. It is important that we co-operate, and one of the things this country will be doing is hosting the illegal wildlife trade summit in October. My right hon. Friend the Foreign Secretary has already been working with other countries, including by visiting Argentina, as the leader of the G20, just two weeks ago, in order to ensure there is the maximum possible buy-in. I had the opportunity myself to talk to a variety of representatives of different nations at the United Nations just a couple of months ago in order to ensure there is that effective co-ordination.

However, there can sometimes be a tendency—I know my hon. Friend the Member for Gloucester (Richard Graham) would not succumb to this—to say, “We need to wait for others to act before we act ourselves.” In so doing, we fail sometimes to act with the urgency, and to show the degree of leadership, that will encourage others to follow. It is absolutely right to acknowledge the leadership shown by the Chinese Government and others in seeking to close their markets to ivory, but this is an opportunity, in this place and at this time, for our generation to show leadership as well. And the leadership we want to show is to specifically ensure that we reduce demand for ivory in this country and globally.

[Jeremy Lefroy (Stafford) (Con)]

I welcome this Bill and declare an interest as chair of the all-party group on Kenya. Does my right hon. Friend recognise that this is long overdue? In 1989, under the leadership of Dr Richard Leakey, President Moi burnt about 20 tonnes of tusks in order to draw the world’s attention to this pillage of the African elephant. It has gone on for far too long; the population in the Selous in Tanzania has gone down from 55,000 to 15,000 in a decade.

[Michael Gove]

I thank my hon. Friend for his campaigning in this area; few people know more about, or are more effective advocates on behalf of, Africa and other developing nations than my hon. Friend. He is absolutely right that African leaders have been showing leadership for a generation on this, and it is important that we do our bit now.

I want, too, to give a particular vote of thanks to those of my colleagues in this House and another place who have shown leadership on this issue. I have mentioned Lord Hague of Richmond; as Foreign Secretary he outlined the case for action, and indeed worked with the Duke of Cambridge in order to secure international support for action. It is also the case that my right hon. Friends the Members for North Shropshire (Mr Paterson) and for South Northamptonshire (Andrea Leadsom) when they were Secretaries of State in this Department laid the groundwork for the legislation we are now introducing. It is also the case that across this House, in every party, there have been campaigners who have consistently and relentlessly pressed the case for action and we would not be here without their endeavours. We also would not be in a position to introduce this legislation were it not for the fact that outstanding work has been done by a series of non-governmental organisations—WWF, Tusk Trust and others—and also, critically, without support from the public. When we launched a consultation on the need to take action, there were more than 70,000 responses. That is a clear indication of the extent to which the public want us to act, and the overwhelming majority of those responses were in favour of urgent action. We need urgent action because we know that the maintenance of a legal trade in ivory allows illegal activities to pass without effective countering.

[Kerry McCarthy (Bristol East) (Lab)]

The Secretary of State gave a long list of those he wants to praise for their involvement in this, but will he join me in praising the rangers who do the work on the ground trying to defend elephants, rhinos and other animals against poachers? It is estimated that over 100 rangers a year lose their lives in violence because of the work they do.

[Michael Gove]

The hon. Lady makes an important point: the bravery and determination of those who do this work is outstanding. In countries such as Gabon individuals risk their lives to save elephants and safeguard the animals they love in a country to which they are deeply attached, and as it goes in Gabon it goes in many others countries as well.

The hon. Lady’s intervention also gives me an opportunity to thank our own armed services. As the Defence Secretary pointed out, only last week we dispatched more trained military personnel to support the work of rangers on the ground. That capacity of a country like ours to work together and use our expertise alongside the commitment of those from African nations will help us turn the tide and beat back the poachers.

[Dr Julian Lewis (New Forest East) (Con)]

rose—

[Michael Gove]

With that, I am more than happy to give way to my right hon. Friend the Chairman of the Select Committee on Defence.

[Dr Julian Lewis]

Among the tens of thousands of people who responded to the consultation were my constituents, Susie Laan and Louise Ravula, who are part of a small but effective organisation called Two Million Tusks, representing the million elephants slaughtered in the past 100 years. They did some original research that showed that, in 72 auction houses covering 180 lots of ivory, 90% of the sales of those lots were unable to prove the provenance—in other words, the dating to pre-1947—of the ivory, which is a legal requirement for the sale of ivory at the moment. Does my right hon. Friend agree that that research proves that we need a pretty comprehensive ban if we cannot tell the date of the product being sold?

[Michael Gove]

My right hon. Friend makes the next important point in the chain of argument for legislation. Yes, we have restrictions at the moment, but they do not work. The existence of the current legal market allows illegally obtained ivory to pass as legally acceptable ivory or worked ivory for sale. In effect, that means that criminal organisations and those who are driven by the significant profits to be made by selling ivory into markets where there is a demand can use the weakness of the existing provision to pass illegal material off as legal. That is why we need to act.

The need to act, to be more precise and to change the burden of expectation is critical in the minds of all those who responded to the consultation and of those African and other leaders who are pressing action on us. They want to ensure that we take steps to communicate to the world that ivory should not be sold, trafficked or displayed in a way that encourages anyone to think that African elephant ivory is a good of ostentation that someone could derive pleasure from demonstrating their wealth by acquiring. The whole point about the trade in elephant tusks is that it is abhorrent and involves unspeakable cruelty, and every possible step needs to be taken to stop it.

[Sir Roger Gale (North Thanet) (Con)]

My right hon. Friend will perhaps know that there was a debate in Westminster Hall on the fur trade earlier this afternoon. During that debate, the point was made very clearly that one of the reasons why that vile trade should stop was that there was no need for it. Is that not also the case for ivory? There is no need for it.

[Michael Gove]

My hon. Friend makes absolutely the right point. There is no need for it. This trade has been driven by a belief that, as a result of goods being worked or fashioned in ivory, they have a merit or a capacity to confer on their owner some sort of status. That is completely inappropriate. I sense that there is a recognition across the House that we need to send a message through this legislation and that, through its effective operation, we can end that trade.

[Liz Twist (Blaydon) (Lab)]

Does the Secretary of State agree that it is important, particularly in the context of the online trade in ivory, to have strict enforcement provisions to ensure that we can follow up our good intentions with practical effects?

[Michael Gove]

I absolutely agree. The Bill is designed to ensure that we have appropriate ways of guaranteeing effective enforcement, including appropriate penalties. There will be civil and criminal penalties, if the Bill is passed, and those who break the law will face fines of up to £250,000 and criminal sanctions as well. That is only right if the deterrent effect is to be sufficient to ensure that people are not tempted to engage in the perpetuation of this evil trade.

One critical point that was made during the consultation was that, while those in the antiques and art markets are determined to do everything they can to close down the loopholes and to end the illegal trade that has contributed to poaching in Africa, there is an acknowledgement worldwide that there need to be some exemptions. Those exemptions must reflect decisions that have been made by past generations on the use of ivory and the way in which it has been deployed for artistic or cultural reasons in order to produce certain specific artefacts at specific times that have a particular value.

During the consultation, we looked specifically at exemptions for portrait miniatures. These are tiny but, in historical and cultural terms, hugely significant examples of fine portrait work from the 17th and 18th centuries, and they are valuable not because they are painted on ivory but because they are examples of exquisite artistic endeavour. Similarly, we except that there may be a range of items, including furniture, that are of genuine aesthetic merit and of which ivory forms only a small component. We propose to exempt items with a de minimis content of ivory, which no one is buying and selling because of the ivory but of which the ivory is an integral part.

Another exemption that we propose to introduce is for musical instruments. In the past, pianos, bagpipes and other musical instruments including violins required a proportion of their overall composition be ivory. There are now replacements available, so we no longer need to use ivory in any of those instruments, but will continue to respect the needs of the musical sector to have access to—and to be able to sell and buy—historically significant musical instruments from the past.

[John Mann (Bassetlaw) (Lab)]

Would the Secretary of State accept that his commentary ought to be slightly amended, because we do not all recognise that historic ivory should be kept? Some of us think that this is an excuse for a continuation of the trade and that it creates loopholes and opportunities for those who wish to poach to masquerade their products as historic ivory. In fact, a bit like collections of shrunken heads, certain things were done by past generations, but in today’s more enlightened world, we do not need to keep those things. Some of us would rather see all ivory banned.

[Michael Gove]

The hon. Gentleman makes a powerful point and he is absolutely right. This is one of the reasons why we are introducing this legislation. There are occasions on which people attempt to pass off as works of artistic or cultural significance items that do not have that significance. They attempt to exploit a loophole and create an excuse or an opportunity to carry on this wicked trade. That is why the exemptions are so tightly drawn, and it is also why the onus is on any individual who wishes to sell an item to prove that it meets the stringent criteria. That switch changes the obligation and places it on the seller.

In the past, it was possible for someone to say—perhaps not genuinely—that they had no idea, and that they thought the item in question was artistically worked and of appropriate provenance and an appropriate age. They could say, “I had no idea. I am terribly sorry.” Those loopholes, excuses and opportunities will end with this legislation, because individuals will have to pay in order to demonstrate that the item they wish to sell meets one of the criteria. This will be a matter that we can debate in Committee, and of course we are now living in more enlightened times, but I believe that some items fashioned in ivory reflect the historical, cultural or artistic importance of a particular period or artistic movement and that we need to respect that, using a clearly high threshold.

I have mentioned that there will be exemptions for portrait miniatures, for musical instruments and for items such as furniture of which ivory forms only a small part. There is one other area. If an item is of truly outstanding historical or cultural significance, and if, for example, a museum wishes to ensure that an item of such significance can be bought and appropriately displayed, that will still be possible if the appropriate steps are recognised and met.

[Simon Hoare]

I fear that I may be talking myself on to the Bill Committee, but my right hon. Friend has just used the phrase “outstanding historical”. Clause 2, which—I hope he will accept that I make these remarks in good faith—needs some further work and clarity, refers to “outstanding artistic etc value” and puts a huge amount of weight on the Secretary of State in appointing advisers and issuing guidance. The country would breathe easy with my right hon. Friend taking those decisions, but “outstanding artistic” is a broad definition that means all things to all men—beauty is in the eye of the beholder. Will my right hon. Friend commit to thinking in Committee about how the wording can be clarified to give certainty to those with an interest in this area?

--- Later in debate ---

[Michael Gove]

I absolutely take that point on board. We want to ensure that individuals with sufficient expertise from organisations such as the Victoria and Albert Museum are in a position to provide a guarantee of the provenance and significance of the work. It is in no way our intention simply to say that something should be exempt either because of its apparent antiquity or because someone happens to consider it to be of aesthetic merit; we want to ensure that an academically rigorous process is undertaken to ensure that an item’s provenance can be guaranteed and that its aesthetic merit and its dating can be put beyond doubt.

[Mary Creagh]

Will the Secretary of State comment on the National Wildlife Crime Unit, which is key to tackling the illegal trade in wildlife and wildlife body parts? It is funded by DEFRA and the Home Office to the tune of £136,000 each a year—a paltry £272,000 a year in total. Will the unit’s funding be increased given the potential for free trade deals—if and when Brexit happens—and the danger that the UK could become a back door for body parts from third countries under the guise of free trade?

[Michael Gove]

It is no part of this Government’s intention—I hope that this will be the same for any future Government—to use any trade deals to erode or undermine appropriate protections for animal welfare and environmental standards. I cannot see how any Government would want to weaken the protections that we intend to place on the statute book through this legislation to end this abhorrent trade.

The hon. Lady rightly pays tribute to the work of the NWCU, and in the run-up to the illegal wildlife trade summit this October we will be looking not just to ensure that we can continue to staff the unit and support the officers who work in this field adequately, but to ensure that we go even further. As several Members have already acknowledged, this legislation, important as it will be, is not enough in itself to ensure that we can effectively counter the poachers and to ensure that the precipitous decline in elephant numbers is at last halted and reversed. The global leadership that I hope other nations will join us in showing at the October summit is critical to maintaining momentum in dealing with this trade. The commitment of not just our armed services, but the rangers referred to by the hon. Member for Bristol East (Kerry McCarthy) and others is also critical. It is also important that we continue generously and effectively to fund international development work in African nations to ensure that people can move towards a sustainable economic future so that the temptation that some may have to connive with or work alongside poachers is removed as well.

In contemplating our ambition to ensure that the African elephant survives and that Africa flourishes, it is critical to recognise that the legislation is not enough on its own. However, without this legislation, we will fail to provide the required leadership on the global stage, we will fail to play our part in ensuring that we close down this wicked trade, and we will fail to acknowledge that the United Kingdom has had its position as a global hub for trade and a centre of excellence in the arts and antiques market used and abused in the past by those who want to continue criminal activity. The responsibility to legislate, with appropriate considerations for exemptions and enforcement, but at pace and with determination, falls on theHouse at this time, which is why I commend the Bill to the House.