Ivory Bill

Ranil Jayawardena Excerpts

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

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

I am delighted to rise in support of the Bill. Although our constituents usually see the theatre of questions to the Prime Minister, it is on occasions like this, when we all work together, that the House is strongest. Today is a great example of that. We often work collegially across the House in Committees and all-party groups to achieve good, positive steps like this.

As someone who founded the all-party group on endangered species, along with many Members some who are here, I am pleased that the Government have taken this decisive action and that the group has been able to support the Government’s work in this area. Even when some thought it might be just a little too difficult, we held their feet to the fire. I therefore welcome the action that is proposed by my right hon. Friend and parliamentary near neighbour the Secretary of State for Environment, Food and Rural Affairs.

The all-party group is now ably led by my hon. Friend the Member for Redditch (Rachel Maclean). We work alongside like-minded Members with the stated aim of ensuring

“that the plight of endangered species is on the political agenda of government”,

and we will not be going anywhere.

Elephants—those strong, smart, gentle, beautiful animals—are most definitely, and sadly, in the endangered category. As has been said, according to the WWF, the number of African elephants has fallen from between 3 million and 5 million to 415,000, while the number of Asian elephants has halved over the past three generations. It has also been said already—although it is such a shocking figure that it should be said over and over until something is done about it—that 20,000 elephants are slaughtered every year to fuel the global demand for ivory. It is absolutely horrifying but, in the midst of the horror, we have a glimmer of good news today, as this issue is now firmly on the Government’s political agenda—indeed, it is on their legislative agenda too, as the Bill proves. That the Government recognise the need to protect animals and that the Bill will help to close ivory markets and reduce both the price of ivory and the incentive to poach is good news.

I was, of course, first elected to this place in 2015, and the Conservative manifesto on which I stood promised that we would tackle the international wildlife trade and press for a total ban on ivory sales. I am pleased to be able to help deliver on that promise today.

The Bill builds on the proactive and global action that the Government have taken. We held the first international conference on the illegal wildlife trade in London in 2014 and we will soon host the fourth, having supported Vietnam and Botswana in hosting two more. As an aside, and as my hon. Friends the Members for Richmond Park (Zac Goldsmith) and for Cheltenham (Alex Chalk) said, the UK spends 0.7% of its GNI on aid, and I believe that wildlife protection would be a worthy use of our aid budget. I therefore urge Ministers to expand that spending.

The UK has successfully lobbied for the EU-wide adoption of a ban on raw ivory, and the UK Border Force successfully targeted ivory sent through postal systems with the WWF-sponsored wildlife crime operation of the year for 2016, Operation Quiver.

We have worked constructively with China to jointly develop and implement law enforcement measures to tackle illegal trade, in stark contrast, I am genuinely sad to say, to past Governments. In 2008, the then Government gave the go-ahead for China to become a licensed trading partner for 108 tonnes of ivory. On my last visit to China, I made the point that it needed to stop the ivory trade. The change in its approach from then to now is remarkable and laudable. I hope that it will go further in the years ahead not only to enforce its law more strongly across the whole of that vast country, but to widen its scope so that other species, such as tigers, get greater protection too.

These are great first steps—they are great steps, but they are just great first steps. As always, we must do more, and for many good reasons. As my hon. Friends the Members for North Dorset (Simon Hoare) and for Richmond Park mentioned, the scope of the Bill should be wider. Clause 35 is unnecessarily narrow in referring to the meaning of ivory as only coming from

“the tusk or tooth of an elephant.”

The explanatory notes cite many other species that would be eligible for regulations to be laid at a future date, but why wait? Why wait for there to be an issue that affects other animals adversely when we can act today? My right hon. Friend the Secretary of State talked about our goal in providing leadership to the world on this important issue. I say to him and to the Minister that we should deliver that leadership not just for elephants but in pursuit of our goal of protecting animals more widely from what is a wholly unnecessary activity.

[Rachel Maclean (Redditch) (Con)]

My hon. Friend was kind enough to mention the all-party group. He set up the group, kicking off excellent work on this issue. He talks about how the Bill could go further. Does he agree with both me and the International Fund for Animal Welfare’s submission to the debate that we need detailed guidance on what items of artistic and cultural merit should be exempted from the Bill? It is very important that we get the guidance right, so that things do not slip through and contribute to poaching.

[Mr Jayawardena]

I thank my hon. Friend for her kind words, and I urge her to go further in her leadership of the group to deliver what she sets out. She is right that we must be very clear about what we are seeking to achieve. We do not want to create loopholes for those who would seek to perpetuate such crimes against elephants and other animals. We must not allow those loopholes to exist, and we must not create new ones that they would wish to exploit. As my hon. Friend the Member for Mid Derbyshire (Mrs Latham) set out, there is a potential loophole in the case of species that are alive and well today but perhaps lower in number than we might like, and in the classification of ivory from mammoths. We could be creating an unnecessary loophole instead of closing it right now. Indeed, I believe we should do that. Unless we are to carbon date every piece of ivory coming through customs checks, we might find that those who commit these crimes will continue to do so.

Britain is very proudly a nation of animal lovers. Animals have a very special place in British society and in the hearts of the generous British people, with a quarter of annual charitable donations going to animal welfare causes. It should therefore come as no surprise that the Bill has wide support from beyond the predictable non-government organisations, which are to be lauded for their efforts in this area. It is so important that the public are on the side of this initiative. Out of 77,000 respondents, 88% supported a ban. The British public want this. Members have called for this. Animals deserve this. Let us get on and do it.

--- Later in debate ---

[David Rutley]

We have already taken very strong action to combat the illegal trade in rhino horn. Other Members have also talked about the need to extend that to other ivory-bearing species—I will come on to that later if I can. Under clause 35, the Secretary of State does have powers to extend that ban if there is sufficient displacement. That is a delegated power and we will obviously take it very seriously. We can debate that more in Committee.

As I was saying, figures for the elephant population have moved from 600,000 when I visited Tanzania to just 415,000. That is a depressing decline of more than 30%. As many Members have said, we need to ensure that future generations will be able to see these splendid and iconic creatures in their natural habitats and not in captivity. We want future generations to be able to benefit from that.

We are taking positive steps that will lead the way in the global fight against elephants heading towards extinction. The Bill achieves that by banning commercial activities in ivory, which we define as buying, selling or hiring ivory; offering to buy, sell or hire ivory; and keeping ivory for sale. In so doing, we will put a responsibility on both the buyer and the seller, and capture the actions taken by the middlemen who facilitate or support the trade—for example, those advertising ivory illegally. Many hon. Members have mentioned their concerns about online trade, which the Bill seeks to tackle absolutely. However, it should be noted that the ban will not prohibit owning, inheriting, donating or bequeathing ivory that is currently permitted. That will extend to Northumbrian pipes, which my hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) will be pleased to hear.

The Bill sets out five limited and targeted exemptions to the ban, including a de minimis exemption for items with low ivory content; musical instruments; portrait miniatures; sales to and between accredited museums; and items assessed as being the rarest and most important examples of their type. Those strictly defined exemptions were informed by the consultation and by fully examining global best practice. They have been carefully designed to cover items that, when sold, do not directly or indirectly fuel the poaching of elephants. A certification process is applied to the exemption for the rarest and most important items, while a self-registration process applies to the other four categories.

Finally, the Bill provides for the offences, sanctions and powers necessary for the enforcement of the ban. A mixed regime of criminal and civil sanctions has been applied, recognising that offences are likely to range in severity. Enforcement agencies are empowered by the Bill to ensure that those acting in breach of the ban will face the appropriate punishment. We remain committed to setting a high bar internationally on sanctions for illegal wildlife trade activities. As such, the maximum criminal sanction of five years’ imprisonment or an unlimited fine will be applied. That is in line with existing sanctions under the Control of Trade in Endangered Species (Enforcement) Regulations 1997. Those penalties rightly reflect the serious nature of the ban. The powers to enforce the ban will be conferred upon the regulatory body, the police and customs officials. Those powers are derived from the Police and Criminal Evidence Act 1984.

Let me move on to some of the issues that hon. Members have raised in this consensual and important debate. It is great to have the support that we have seen from across the House, including from my hon. Friend the Member for Mid Derbyshire (Mrs Latham) and the Chair of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish). We heard from Northern Ireland with the contribution of the hon. Member for Strangford (Jim Shannon), and from my hon. Friends the Members for Southend West (Sir David Amess), for Newbury (Richard Benyon) and for Walsall North (Eddie Hughes), with characteristic flair and commitment.

My right hon. Friend the Member for North Shropshire (Mr Paterson) raised a number of important points. I praise his commitment to this vital work and the contribution he made when he was Secretary of State. He raised concerns about the rarest and most important items. I reassure him that clause 3 is very much a framework, not a comprehensive list; further information will be given in guidance. He and the hon. Member for East Kilbride, Strathaven and Lesmahagow also suggested an annual register of the rarest and most important exempted items. We will happily look at how that data can be published, including by using the new IT system that will be developed to facilitate this task.

Members were concerned about online sales. The Bill captures and fully addresses that issue. As I said before, it will be an offence to facilitate a sale. Some Members mentioned how important it is to look at other ivory-bearing species. They included my hon. Friend the Member for Richmond Park (Zac Goldsmith), who has made huge contributions on this subject, and my hon. Friends the Members for North East Hampshire (Mr Jayawardena), for North Dorset (Simon Hoare) and for Bexhill and Battle (Huw Merriman)—my hon. Friend came up at the rear of the debate, but made an important contribution. Clause 35 will provide that opportunity. I would also like to reassure some colleagues, who have wondered whether the Bill covers Asian elephants, that it categorically covers both African and Asian elephants.

The hon. Member for Bassetlaw (John Mann) raised what he called the Elgin question. I can tell my hon. Friend—he knows why I call him that—that it should be called the Bassetlaw question, without a doubt. I will make sure that I get back to him in writing to address the question of whether ivory should be returned to a museum in a country of origin.

The hon. Member for Workington asked about funding for enforcement. The Office of Product Safety and Standards has now been confirmed as the regulator. It will have a vital role in working with the police and customs officials to tackle this very significant crime. We can talk more about that role in Committee, as I hope she agrees. The work carried out by the National Wildlife Crime Unit is also absolutely critical. She asked about funding for that work. I assure her that we are looking at that vital issue ahead of the IWT conference, and I am sure that the Secretary of State will be working on it with the Home Secretary.

[Mr Jayawardena]

I should declare an interest in relation to a visit I made to Sri Lanka. In Sri Lanka, much conservation work is done with Asian elephants. Currently, however, Sri Lanka is not eligible for aid funding. In line with what my hon. Friends the Members for Cheltenham (Alex Chalk) and for Richmond Park (Zac Goldsmith), among others, have said, will the Minister agree to look at how more aid funding could be allocated to supporting conservation efforts?

[David Rutley]

That is an important point. I am sure that the Secretary of State has been looking at it over recent months, and I will be happy to raise it as well and to meet my hon. Friend to discuss it more fully.