Ivory Bill (Third sitting)

Simon Hoare Excerpts

Committee Debate: 3rd sitting: House of Commons
Thursday 14th June 2018 Public Bill Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is an honour to serve under your chairmanship, Mr Pritchard. Before I set out the detailed first clause of the Bill, it is worth reflecting why we are here after a very busy day yesterday. I therefore want to say a few words of introduction. The overriding purpose of the Bill is, of course, to protect an endangered species—the magnificent elephant—from being poached for its ivory. We can do that in the UK by closing our domestic market for ivory to all but a very small number of exempted items. That will eliminate the opportunity for UK markets to be abused by those trying to sell illegal ivory, and will send a very strong message globally that the UK believes that ivory should not be traded and that it is a thing of the past. It was refreshing to see the hon. Member for Workington and Members from both sides of the House agree to those fundamental points on Second Reading.

The Bill is a key part of the co-ordinated approach we are taking to the illegal wildlife trade more broadly. Hon. Members on both sides of the Committee were keen to position the Bill as such. Alone, it will not do all the work we need. We need to work on key initiatives, including providing training for heroic park rangers, who risk—and, sadly, all too often lose—their lives in protecting the wildlife that we and they value so much. As we look forward to the illegal wildlife conference in October, we need to ensure this Bill makes as much progress as possible, so it can send the strongest message that this country, this Government and this Parliament strongly support banning the sale of ivory.

Clause 1 will ban the vast majority of dealing in ivory in the UK. Our starting point is that all trade in ivory is prohibited, unless the item in question meets one of the very narrowly targeted exemptions we will discuss later. The clause clearly sets out that the buying, selling and hiring of ivory is prohibited in the UK, that holding ivory for sale or hire is prohibited, and that the import and export of ivory to and from the UK is prohibited, unless the limited exemptions are met. This prohibition will send out a clear message that the UK will not be involved in the commercial trade of ivory, and that such activities are not acceptable.

Subsections (2), (3) and (4) define which activities are prohibited under the Bill. They align with the existing definition set out in the EU wildlife trade regulations for commercial use, which we fully respect. The clause places no restrictions on the right to own ivory or hold it for non-commercial purposes. It is important to stress that gifting, donating or bequeathing ivory is similarly unaffected.

Subsection (4) expands on subsection (2). Subsection (4)(a) states that the “buying” or selling and so on of ivory “outside the United Kingdom” is not covered by the Bill. If a UK citizen was to purchase ivory while they were in a third country and acting in accordance with the laws of that country, it would not be an offence. However, they would be required to comply with the measures in the Bill and the existing CITES regulations, should they wish to bring that ivory item back into the United Kingdom. That is why we intend to design the IT system to take account of such situations as well.

Subsection (4)(b) goes on to state that it is an offence for somebody in the UK to buy, sell or hire ivory to or from a third party “outside the United Kingdom”. In effect, this measure prohibits remote purchases—in other words, those undertaken over the internet or by telephone—unless the purchaser is satisfied that the item meets an exemption under the Bill, and registers it as such either before or at the point of purchase.

[Simon Hoare (North Dorset) (Con)]

The thought occurs to me—I do not know whether there is any evidence for this or whether it is in the Minister’s mind to consider it at some later point—what risk is there of people who hitherto traded in and collected ivory merely swapping it for another piece? “I will swap this piece that I have with that piece that you have.” No money changes hands, but in essence it is a trade at nil profit value, or something of that nature. Is there a risk of that happening, and if so, is it addressed in the Bill?

[David Rutley]

There is a risk that that could happen, but the Bill covers it, and we will look at that issue in further stages as we go through the Bill, line by line.

Subsection (5) provides a simple definition of ivory in relation to its prohibition by the Bill, capturing that “ivory” covers items made solely of ivory or worked items containing ivory. The clause is integral to banning the dealing of ivory in the UK and to achieving our aims: removing the UK from international trade in ivory; and not fuelling international ivory markets.

For those reasons, I seek the support of members of the Committee and I move that this clause stand part.

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[David Rutley]

I will first answer the question asked by the hon. Member for Workington, and I am sure inspiration on that technical point will come shortly. On ensuring that the waiver fits into the process, it will not actually be in the Bill, but it will be in the binding memorandum of understanding that we will agree and sign with those institutions. On that other technical point, I will get some inspiration shortly.

[Simon Hoare]

Does the Minister agree that of all the stellar attractions that the Opposition could put before us, the shadow Secretary of State is one of the brightest adornments of the Opposition Benches in the Bill Committee this morning? We all look forward to her erudition and forensic analysis of the Bill, and to what she can contribute to this important debate.

[David Rutley]

My goodness! I do not think I can disagree with a word of that. We are forever grateful. Indeed, I am genuinely grateful for the conversations that we have had outside the Committee and elsewhere. We are all trying to progress the Bill, and these questions are absolutely right.

The point made by the hon. Member for Redcar is particularly interesting and I would like to consider it further. We would all agree that we want museums to be able to acquire important items for public enjoyment, so we need to further understand the implications of the point she raised.

--- Later in debate ---

[Sue Hayman]

I thank my hon. Friend for giving us the benefit of his extraordinary knowledge and wonder whether he has thought about joining the V&A staff in the future.

[Simon Hoare]

Does the hon. Lady have a legitimate expectation that that exchange might be heard on the wireless tomorrow?

[Sue Hayman]

It may be, as the hon. Gentleman’s previous very kind comments may be. One never knows.

I hope that the Minister will accept the amendment, because it would not change the focus of or detract from anything in the Bill. All it would do is provide clarification, the need for which I thought was universally accepted when we were taking evidence.

--- Later in debate ---

[David Rutley]

I think that relates closely to what my hon. Friend the Member for Cheltenham said. We need to get the best available advice on how to define that. Important points were made about frames, and so forth, which need to be considered. We want to get the best advice and expertise available, to get the definition right, and then, as the hon. Member for Blaydon said, make the definition transparent and available to anyone.

[Simon Hoare]

I entirely take the point made by the hon. Member for Blaydon about the need for clarity in handling disputes. If I have heard my hon. Friend the Minister correctly, to deal with this important issue he proposes to take further soundings and seek clarification, and, when he and the Department have reflected on the amendments and discussion in Committee, to give the Government’s response on Report in the House, as is proper.

[David Rutley]

My hon. Friend makes an important point. I hope I have provided some reassurance to Members on both sides of the Committee that we are taking the matter seriously. I have never said that we are giving something serious consideration as often as I have in the past couple of minutes, and clearly my voice and tone are not as reassuring to people as they should be, but in the spirit of what we are trying to achieve, I hope that Members understand that important points were made in evidence, and there are processes that need to be undergone. Members have made important points in Committee about ifs, buts and maybes, and they need to be worked through, but I make a commitment that we shall give the matter proper consideration, with the right expertise, and move forward as quickly as we can. I hope that reassures Members on both sides.

I did not realise that there was so much interest in portrait miniatures until we got involved with the Bill.