Ivory Bill (First sitting)

Robert Courts Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Liz Twist (Blaydon) (Lab)]

Q You talked about cyber-dealing and cyber-trading, and I want to come back to that. As I understand it, there is a significant amount of trade over the internet. How can we enforce this effectively? Do you think that there should be additional measures, or do you think the Bill covers that sufficiently?

David Cowdrey: Additional measures have just been introduced in the Control of Trade in Endangered Species (Enforcement) Regulations. Anybody offering an annexe A specimen will need to display their article 10 certificate. That is a new requirement that we welcome. Enforcement is an issue. There has just been a major conference with Interpol in Lyon with law enforcement agencies from across Europe and the world, which was co-partnered with IFAW. It was looking at how we can tackle cyber-crime and where it is moving—again, it is the impact of Facebook closed groups, which are very difficult to penetrate, and also the dark web. An awful lot of further work and investigation is needed by global enforcement agencies, but also by our own enforcement agencies. We have to remember that this is a criminal activity, undertaken by organised criminal gangs using the same routes they use for other commodities, such as guns, people and drugs. It is the fourth largest illegal activity in the world. It is undermining communities and Governments and therefore needs to be a priority. Tackling this in any way we can, and especially online, is going to be critical.

As Will said earlier, these are criminal groups that will adapt and change at the flick of a switch. When one market closes, another one will open. They will use technology to the fore. Now, with our tenBoma scheme in Kenya, we are creating a network to defeat a network, which is critical. We are using the same intelligence software used to tackle poachers before they shoot the elephant, so we can anticipate where they are going to be and make sure the resources from the enforcement agencies are deployed. Enforcement online and on the ground, and using technology, is vital if we are to defeat the poachers.

Cath Lawson: We certainly agree that the online trade is very much a concern, but we feel that the Bill as it stands, and the exemption for what is specified—with some tweaks that I hope we will have an opportunity to talk about later—is pragmatic and sufficient to not pose a significant risk.

[Robert Courts (Witney) (Con)]

Q I want to return to the definitions under clause 35 for a moment. We all share the desire to extend protection to as many species as possible. You can probably hear that there is some concern from Members about the speed with which we are doing that. Would it be right to say that your overriding concern today, in the context of the Bill, is to bring forward the protection for elephants as soon as possible? There is a real sense of urgency here.

David Cowdrey: Yes, I agree. With 20,000 elephants being killed every single year—around 55 elephants a day—this is poaching at an incredibly high, industrialised level. We saw in a three-year period between 2010 and 2012 approximately 100,000 elephants being poached. This is genocide for elephants on a vast scale. It is industrialised poaching to go to the markets. Something absolutely critical on enforcement is therefore needed. We need to acknowledge the scale of what is going on and the legislation needs to deal with elephant poaching urgently. Over the past two years, the work that the Government has done in preparing the Bill—gathering evidence about ivory markets and ivory poaching, and listening to people—has been absolutely critical in developing what we have in front of us today. So yes, we agree.

Cath Lawson: The urgency is because of the detrimental impact on elephants, but also because of the leverage value that the October conference offers. Having the legislation in place by then means we can maximise that leverage value.

Will Travers: I agree with both colleagues. I do not want to bombard the Committee with statistics, but one that always sticks in my mind is that Tanzania was regarded, for many years, as an elephant stronghold—it had the second largest elephant population on the continent. Yet between 2009 and 2014—in five short years—its elephant population fell from more than 100,000 to just over 40,000. That is 1,000 elephants poached every month for 60 months. That just gives you a sense of how once it reaches that kind of critical mass, once law enforcement has broken down to the level that the poachers are winning, the situation can go from hero to zero extremely quickly.

[Robert Courts]

Q Presumably, given the amount of work that has gone into preparing the Bill for this one species, if we have to go back and add more species to the Bill, we will therefore have to undertake all of that consultation work again with other bodies, which is going to delay the Bill. That is antithetical to what you are trying to achieve here, isn’t it?

Cath Lawson: That is my understanding, yes.

Will Travers: I am not at all technical on this, and you know it far better than I do, but it seems to me that if we can get this through, with the provision that the Secretary of State can look at other non-ivory-bearing species and bring forward whatever measures he or she wishes in short order, then the consultation may be very short and serve only to verify the situation, rather than to do a long exploratory digging into it—in other words, just to verify the kinds of figures I gave you earlier. The Secretary of State can then come forward with secondary measures, which will hopefully address the issue very quickly. I hope that would be the sort of commitment we could count on.

[Robert Courts]

Yes, clause 35(2) would clearly allow the Secretary of State to bring forward delegated legislation. Can I focus on one other thing you said? That is to include ivory from an animal or species not, for the time being, covered by that subsection. You mentioned non-ivory-bearing species. Did you mean non-elephant?

Will Travers: I am sorry; I meant non-elephant ivory. I have mentioned warthog. At the risk of upsetting people who are concerned about a very small amount of Aboriginal use of walrus, that is really important, but so is mammoth ivory. We should at least be aware of the volume of mammoth ivory in trade. Recall that this is in trade. I have the import figures for the United States. They keep a close record of all mammoth ivory in trade, and I will just give you three years. This is only mammoth ivory carvings—there are lots of different categories— but in 2013 there were 5,049 mammoth ivory carvings and 773 tusks. In 2014 there were 19,335 carvings and 338 tusks. In 2015 there were 7,822 ivory carvings and 120 tusks. That is a not inconsiderable amount of trade in an ivory product that, in marketplaces in the far east, is definitely a surrogate for modern elephant ivory.

[Anna Turley (Redcar) (Lab/Co-op)]

Q I was very struck, David, by the points you made about organised criminality and how the trade is currently undermining communities and Governments. What the Bill will do for us in the UK is great, but how can we ensure that the measures we take here get right through to communities? How can we support them in transitioning away from dependence on poaching? How can we ensure that there is no adverse impact on some of those local communities? Is there anything missing from the Bill, in terms of obligations on our Government, that would enable us to help communities through that transition, to tackle that organised criminality on the ground and to ensure that some of the most deprived communities in the world are not damaged?

David Cowdrey: Those are all excellent points. The Bill will clearly close down markets in the UK. The more markets we close down, the more we deprive people of money and income. The price of raw ivory that was publicly for sale was $2,200 per kilo. After China introduced its ban, it went down to $1,100 and then down to $600. It is now about $450. There has been a massive devaluation in the price of raw ivory, making it a less viable option. Such things are incredibly useful.

With regard to help for communities, on Second Reading there was an interesting discussion in which Members talked about how some of the Department for International Development’s budget might be used. We have to consider a holistic approach. The communities are not isolated from poaching, and the impact of poaching on communities is not isolated from the illegal wildlife trade; they are joined up and hand in hand. There are good opportunities that exist with our overseas development budget to take a more integrated approach to delivering holistic aid and support and anti-poaching measures, to help build communities and tackle corruption.

The support with efforts through the DEFRA challenge fund grant, through DFID and the FCO’s interaction with other communities is also important. It needs to go hand in glove. This is a complex situation that you cannot just wave a wand or a Bill at. It is all part of a jigsaw that really helps, but our overseas aid is another part that we could potentially re-examine and look at, to provide better integrated aid.

Cath Lawson: The WWF would very much endorse that position. I do not think we need additions to the Bill, but we are supportive of wider conversations about looking at overseas aid for ecosystem-based funding, and looking at bigger-picture landscape approaches to some of the critical habitats where the illegal wildlife trade impacts on the survival of certain species.

Will Travers: I endorse everything that has just been said, and I totally understand that when it comes to spending the £13 billion or so a year in our DFID budget, in most cases we must be risk averse. However, for this sort of issue—I used this term before when I talked about it with Justine Greening three years ago—we need a sort of adventure capital fund. We need a modest amount of money with which we try innovative, new things on the ground or with partners, and try to deliver something that will change the game on the ground and speak to all the issues that have been raised, such as secure ecosystems, secure livelihoods, alternative livelihoods and food security at landscape level. Sitting right in the middle of that can be conservation. If the brief is whether we can make conservation work for communities and people, I think the answer is yes, but it needs not insignificant—although not huge—pump-priming to really get it going. That is where DFID, which is a completely different entity from the one we are talking about right now, could have a major role.

David Cowdrey: I agree about some of the technical developments and initiatives that the UK can take. I mentioned fingerprinting earlier, and across Africa most countries do not even have an electronic fingerprinting database. When we are dealing with international criminal syndicates and gangs, countries are not capturing the information, and they do not have the capability to share it with neighbouring countries. These are transnational crimes. We must consider how we can develop these countries in a way that provides practical enforcement and really helps them to develop.

We can help to defeat these international criminal syndicates, and simple investments that can be done through development grants or a challenge fund are really important. A national fingerprinting database for a country could cost as little as £60,000. Look at that as an investment and a way to help tackle corruption and crime, including not just wildlife crime but crime and terrorism. That has a massive impact across the world. In tackling the illegal wildlife trade, we must consider some of those simple enforcement measures that can make a game-changing difference on the ground for those countries.

--- Later in debate ---

[Luke Pollard]

Q Do you think the Government should commit under clause 2 to publish an annual register of items exempted under the artistic, cultural or historic value exemption? Do you think that register should be made public to ensure that there is public confidence that this ban and any exemptions applied to it are fair?

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.

[Robert Courts]

Q Some of the species we have talked about extending this to are covered by the CITES appendix. Are narwhal, sperm whale, walrus and killer whale all in the appendix?

Cath Lawson: Yes. Mammoth and warthog are not CITES appendix-listed.

[Robert Courts]

Q What about hippo?

Will Travers: Yes, they are included.

[Robert Courts]

Q You also mentioned hornbill, Mr Travers.

Will Travers: Yes, the casqued hornbill has been on appendix 1 since 1975, and it is facing extinction right now.

[Robert Courts]

Q That is in the CITES list?

Will Travers: It is appendix 1, so there should be no trade.

[Robert Courts]

Q That is CITES appendix 1?

Will Travers: Yes, that is CITES appendix 1.

[Robert Courts]

Q The hornbill is covered on that, and it is an ivory species, as opposed to something like rhino with an ivory-like feature, if that makes sense.

Will Travers: No, it is traded as if it is ivory. It is an ivory surrogate, whereas rhino horn is not traded as an ivory surrogate— it is traded as rhino horn.

[Robert Courts]

Q I am sorry, I may be being obtuse here, which is why I need your expertise. You say it is an ivory surrogate. Is it ivory in the same sense that elephant tusk is ivory?

Will Travers: It is not dentine. It is not made of the same material, but it is traded as if it is ivory. It is regarded by consumers and treated as if it is an ivory product, although it is not technically an ivory product.

[Robert Courts]

Q Are you satisfied the Bill will cover that in any event?

Will Travers: It should do. Of course, because it is appendix 1 on CITES, there should be no legal trade anyway. It should all be illegal trade. I guess one could argue that there might be some historical antique going back to whenever, but that should be covered.

[The Chair]

I am afraid that brings us to the end of the allotted time. I thank the witnesses for their evidence.

Examination of Witnesses

Alexander Rhodes and Charlie Mayhew gave evidence.