Ivory Bill

Sandy Martin Excerpts

Ping Pong: House of Commons & Programme motion: House of Commons
Tuesday 11th December 2018 Commons Chamber

Before closing, I reiterate my thanks to my hon. Friend the Member for Macclesfield. I also thank my noble Friend Lord Gardiner for the work he did in the other place. I want to put on record our thanks to the many officials who worked on the Bill, and to the Opposition, who were very constructive in Committee and in taking it to this stage. I hope that I have explained to the House the effect of the Government amendments tabled in the other place. I have not referred to each of the 78 amendments individually as the majority are minor and consequential, but I hope that this House will agree with the other place that amendment 1 and amendments 2 to 78 be made.

[Sandy Martin (Ipswich) (Lab)]

Both the Asian and the African elephant are threatened with extinction. Just over 350,000 African elephants were counted in 2016, but that is over 100,000 fewer than in 2006. There is no reason to suppose that the number of elephants is not continuing to decline. The decline is almost certainly due to poaching for ivory. No species can continue to lose numbers at that rate without eventually becoming extinct. Unless there is a step-change in the rate at which African elephants are being poached, there will not be any African elephants in the wild in 30 years or so. We cannot possibly stand by and see such an iconic creature become extinct.

CITES estimates that 40 tonnes of ivory were illegally traded in 2016, which is the highest ever recorded. If the trade continues, the poaching will continue. The UK needs to be at the forefront of measures to stop this trade, to prevent the illegal trade that comes through markets in the UK, to enable other countries to close loopholes that traders linked to this country can exploit, and to provide an example to others.

Despite the existing laws governing the ivory trade, the UK is still a major exporter of ivory products. So long as it is legal to trade in pre-1947 ivory without a permit, and to trade in post-1947 ivory with a permit, it becomes far easier for illegal traders to disguise their fresh ivory as antique. Thirty-one per cent. of the total EU exports of ivory items between 2005 and 2014 came from the United Kingdom, and we know that there is a substantial illegal trade, because seizures have continued, and indeed increased, between 2010 and 2014. All those facts led to the consultation that preceded the Bill, and the hon. Member for Thornbury and Yate (Luke Hall) and the Minister made moral and consensual judgments in allowing and encouraging the evolution of the Bill.

The fundamental problem with the pre-existing legislation on the trade in ivory is that it gives far too wide an exemption for there to be any chance that the trade will come to an end. If, as is intended, the trade in fresh ivory is to cease completely, the expectation that there will be any legal supply of ivory also needs to cease. We need to close down the demand for ivory by rendering the whole trade morally, socially and legally unacceptable. In these circumstances, it is understandable that there are some who find any exemptions unacceptable. The Labour party would tend to support the narrowest possible range of exemptions, and during the passage of the Bill, several attempts have been made to reduce the scope of exemptions. However, during the Bill’s passage through the Lords, all the possible loosening or tightening of these exemptions has been debated, and it would be unhelpful to try to unpick any criteria now.

The Lords amendments that would make the operation of the Bill more effective are most crucial to achieving the closing down of the ivory trade, and we are pleased to see that these amendments are being proposed by the Government. It is entirely right that the details of the operation of the Bill should be laid down in regulations. It is sensible to limit the powers given to accredited civilian officers, and we wholeheartedly support the amendments that the Government have accepted. When there is an appeal against the refusal or revocation of an exemption certificate, it is sensible and effective for the appeal body to be the first-tier tribunal and for that to be on the face of the Bill. I put on record my party’s gratitude to all the Members of the upper House who have helped to steer this Bill through, and in particular, to Lord Gardiner of Kimble and Baroness Jones of Whitchurch.

One issue, however, was raised repeatedly before and during the passage of the Bill: other animal sources of ivory. For the purposes of the Bill, ivory is defined as being from elephants. There is a very real danger that the number of other animals killed for their ivory will increase to try to maintain a supply. This particularly relates to other animals in the CITES schedule of endangered wildlife: walruses, narwhals, hippopotamuses, orcas and sperm whales. We would argue that whether or not there is a consequential increase in the killing of these species, it is wrong and damaging to their chances of survival for trade in the ivory derived from these creatures to continue.

We all want the maximum protection for elephants to commence as soon as possible, so it would be unhelpful to make any attempt to disrupt the Bill’s progress now. However, the opportunity to extend the definition of ivory, and hence the range of species protected by the Bill, rests with the Secretary of State through the making of regulations under the affirmative procedure. We urge him to take that opportunity as soon as possible to cover all the relevant animals in the CITES schedule, as well as others, such as warthogs. Unicorns are apparently very popular at the moment, although, of course, they do not exist. What a terrible shame it would be if, because of our inaction, narwhals, whose horns quite possibly prompted the invention of the unicorn myth, were themselves to become non-existent.

All those who want to live in a world that possesses a rich variety of living animals will welcome the passage of the Bill. By passing it, this Parliament will be making a powerful statement that will carry weight throughout the world, but for that weight to have maximum impact, the Government must use all the instruments and influence at their disposal to persuade other countries to take a similarly strong stance, so that we can stamp out the international ivory trade for good.

I echo the words of my hon. Friend the Member for Workington (Sue Hayman) on Second Reading. We must send a clear message at home and internationally that the only ivory we will value is that on a live elephant in the wild. I would like to see a world in which all those attributes that make our diverse species so varied and special—turtles’ shells, tigers’ stripes, ostrich feathers, butterflies’ wings—are appreciated in their proper place, as part of the living creature, and not by killing the animal and cutting off part of its body. We are taking an important step forward here today. Let us not stop with elephants.