Domestic Ivory Market

Thérèse Coffey Excerpts

Monday 6th February 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is a pleasure to serve under your chairmanship, Mrs Main. As has been pointed out, we last debated this matter in Westminster Hall on 8 December 2016 and since then a further 30,000 people have signed this petition created by Ellen Cobb and chosen for debate by the Petitions Committee. I thank my hon. Friend the Member for Thornbury and Yate (Luke Hall) for opening the debate and I am pleased to have the opportunity to respond.

It is clear that all of us here are united in our goal to stop the poaching of elephants that are being slaughtered for their ivory. Elephant numbers in most African states have seriously declined over the last decade. The brutal actions of criminals are endangering the survival of one of the world’s iconic species. That is why the Government are already taking action to end poaching, involving proposals for legislative action, which I hope will be consulted on very soon. We are working in the international community to provide global leadership to reduce the demand for ivory and direct action on enforcement, tackling the issue at source and through illegal wildlife trade channels.

Illegal wildlife trade is a global issue that can be effectively tackled only with co-ordinated international action. The UK’s rules on ivory have their basis in the international CITES agreements, implemented via EU legislation, although UK rules are already stronger than required by CITES and the EU. We do not permit exports of any ivory tusks given the obvious potential for such international trade to be used to bring illegal, recently poached ivory tusks on to the market. We expect shortly to publish our consultation and a call for evidence on proposals to extend a ban on the domestic sale of ivory and the enforcement of such a ban. I like to think that the House will see then that our initial proposals will be among the toughest in the world.

[Rob Marris]

The hon. Member for North Ayrshire and Arran (Patricia Gibson) aid that while legal ivory trade in pre-1947 items continues, there will be an illegal ivory trade. That is true, but it is not the right question. The question is—perhaps the Minister can help with this—what is the evidence that if there is no legal ivory trade of pre-1947 items, there will be no illegal trade?

[Dr Thérèse Coffey]

I understand the argument that people have made about any market at all, and many of the examples cited today still allow a market in ivory. It will be important, in the call for evidence, for people to come forward and demonstrate that point, for the reasons I hope to set out.

Last September, my right hon. Friend the Secretary of State announced plans for a ban on the sale of worked ivory that is less than 70 years old—from 1947 onwards. That demarcation is used across Europe and was chosen because it was 50 years before the EU wildlife trade regulations came into force to regulate trade and protect endangered wildlife. By using that date for their proposed ban on the sale of ivory, the Government are on solid legal ground to bring a near-total ban into effect quickly. For control and enforcement, there are advantages in working with a date already used by the trade and the rest of the EU to draw a dividing line.

I recognise that many people want the UK to take an even stronger stance on the ivory trade and, as the petitioners demand, that there be no trade at all in ivory. Let me reassure the House that the Government are open to views on the matter. That is why the consultation will include an open question on this, with a call for views and evidence. I am regularly informed, and have been in this debate, that other nations have banned trade, so why have we not yet done so? I think that it would be helpful to set out to the House what is happening around the world.

The US has introduced what has been described as a near-total ban. The US Government can act only at federal level, and their ban covers trade internationally and between states, although it does not affect trade within states. The ban prohibits trade in ivory items that are under 100 years old and continues to allow the trade in pieces older than 100 years, as that is the US’s legal definition of an antique. The federal ban also provides for a range of exemptions, including musical instruments and items that contain a small amount of ivory. Four states have so far chosen to apply similar controls within their state. Those restrictions do not seem to apply to establishments for educational or scientific research purposes, which includes museums. My right hon. Friend the Member for North Shropshire (Mr Paterson) referred to action by California, but he will recognise that trade continues.

[Mr Owen Paterson]

Will the Minister give way?

[Dr Coffey]

I am really sorry, but my right hon. Friend spoke for nearly half an hour and I have limited time to reply.

Last year, France made the bold announcement that it would permit trade in pre-1975 ivory only on a case-by-case basis, but since then it has consulted on the scope of its ban and is now considering exemptions for pre-1947 items and musical instruments. We look forward to hearing the final outcome of its consultation.

We welcome the announcement by the Chinese Government of their intention to close China’s domestic ivory market by the end of 2017. Again, we look forward to hearing more details of their intentions for the ban, including what the exemption allowing the auction of ivory “relics” will cover. However, the welcome closure of the carving factories this year will be a huge step in stopping the creation of new worked ivory artefacts.

Hong Kong was mentioned. The Hong Kong Government announced plans to phase out the domestic ivory trade, but it is my understanding that, again, there will be an exemption for antiques, which has still to be defined. Domestic sale will be allowed with a licence.

I have met groups on all sides of the debate, from conservation experts to antiques sector representatives, and will continue to do so. It matters that when considering the final outcome of the consultation, including the calls to go further, we know that there is a strong likelihood of legal challenge and so we would require further understanding of the impact on individuals, businesses and cultural institutions that own these items and the interaction with the conservation of elephants today. As has been pointed out, ivory is found in works from the art deco period and in musical instruments, often forming a small proportion of the item. The kind of assessment that we would have to consider would include how prohibiting the sale of a 17th-century ivory carving of the flagellation of Christ prevented the poaching of elephants today.

I note what the hon. Member for Bassetlaw said on a total ban, as indeed have other hon. Members, and what he said on museums. I am not sure whether he would go further and seek the destruction of ivory pieces, including the throne given to Queen Victoria—I am not sure whether he wants to go that far. However, I stand by the comments that I made previously about display, and I was referring particularly to the display of raw tusks, which still happens.

[John Mann]

The Minister could find out my views if she could tell us when the consultation will take place. On 8 December, we were told “shortly”. She has just said “shortly” again.

--- Later in debate ---

[Dr Coffey]

It is still shortly.

[John Mann]

We want to know when—

[Mrs Anne Main (in the Chair)]

Order.

[Dr Coffey]

It is still shortly, and I really hope it will be as soon as possible.

With regard to the reference to CITES and appendices 1 and 2, I think that I answered this in the December debate. CITES relies on scientific evidence. There is a differentiation between appendices I and II, in terms of the extinction rating in the relevant countries. There was reliable intelligence that if what was proposed went through, reservations would be applied by certain countries, thus destroying the ban by CITES.

Laws are only as effective as our action to enforce them, and the House should be proud of its record and global leadership. Enforcement at the UK border is led by Border Force, which makes ivory one of its top priorities. That is reflected by ivory seizures accounting for 40% of seized wildlife products between 2009 and 2014. One seizure alone in 2015—this was referred to—equated to more ivory than was found in the previous 10 years put together. It was more than 100 kg of tusks, beads and bangles that was en route from Angola to Germany and it was detected here in the UK. Enforcement within the UK is supported by the specialist national wildlife crime unit, which provides intelligence, analysis and specialist assistance to individual police forces and other law enforcement agencies. DEFRA has recently provided additional funding to the unit to help it to crack down on illegal trade via the internet—a growing concern.

The UK also shares its wealth of wildlife crime expertise internationally, including in a recent project providing training to customs, police, corruption specialists and parks authorities in Malawi. That has resulted in increased arrests, convictions and custodial sentences for wildlife offences. Initiatives such as those provide a real deterrent to the perpetrators of wildlife smuggling.

[Rachael Maskell]

Will the Minister give way?

[Dr Coffey]

I have little time. The UK is working with Interpol to expand its work with key nations, tracking and intercepting illegal shipments of ivory, rhino horn and other illegal wildlife products. Initiatives such as those will make a real impact on the illegal ivory trade by disrupting trafficking routes. Reference was made to sentencing guidelines. It just so happens that I am meeting the Under-Secretary of State for Justice, my hon. Friend the Member for East Surrey (Mr Gyimah), tomorrow to discuss this matter in more detail.

The driver for poaching is the lucrative profits that can be made in trafficking ivory, which is driven by the demand for ivory products. We need to raise awareness with ivory consumers of the devastating impact that they are having on elephant populations, and ultimately change behaviour. That is why the UK has supported work in Asia to increase awareness of the brutal impacts of poaching and reduce demand for ivory. We are providing practical support on the ground with financial help, and the British military train anti-poaching rangers on the frontline in Gabon, home of Africa’s largest population of forest elephants. That will be extended to other crucial countries such as Malawi. Last year, I visited South Africa, where I saw some of the work that we were doing on other animal populations at risk.

We are supporting projects in communities that share a landscape with elephants. Many hon. Members dwelt on the role of the Foreign Office and, in particular, DFID. We recognise that the money to be made from poaching can be a huge temptation to get involved, so we must continue working closely with DFID and the Foreign Office to create viable alternative livelihoods, but hon. Members will be aware that there are tight controls on official development assistance classification.

I reiterate our shared goal of ending poaching and saving elephants. That means taking not just symbolic action on domestic ivory, but action that works. The Government are committed to introducing the most effective ban possible on ivory. That means that we must ensure that our rules are robust and proportionate and will achieve the aim of ending the poaching of elephants. We need to foster truly international action to tackle the demand that drives poaching, enforce rules more effectively and strengthen criminal justice, as well as supporting communities affected by poaching. The UK continues to be a world leader in the fight to protect wildlife, but we know that there is more to be done. Our consultation on plans for even stronger action will soon be launching. That will enable us to ensure even better protection of our majestic wildlife for generations to come.

I have listened carefully to today’s debate and, in particular, the discussion on antiques and verification; there was talk of certification and radiocarbon dating. I encourage hon. Members to contribute to the consultation and call for evidence, so that we can make progress on this matter.