Ivory Bill (First sitting)

Trudy Harrison Excerpts

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

[Luke Pollard]

Q If the ivory ban was extended to include ivory in the first sense, rather than just elephant ivory, would that trigger other countries to follow suit and create ivory bans, or to extend them to include walrus, sperm whale, narwhal and other species? They would effectively be cutting and pasting the legislation that the UK will pass, extending the protections from day one in other countries.

Charlie Mayhew: Potentially. It must have an influence when other countries see what we have done. Hopefully it would also influence our European colleagues, which is the next big prize for us. We want to see a similarly strong ban put in place across Europe.

Alexander Rhodes: My short answer to your first and second questions is yes, I think so. The second point I wanted to make about the impact of the London conference is just to re-emphasise the importance of closing the domestic market here in the UK for elephant ivory. The elephant protection initiative, which Will mentioned, was launched by five African leaders at the first London conference. We fostered and supported that initiative. The Government then supported the birth of that African-led initiative with funding through the challenge fund.

The elephant protection initiative is in two parts. The first part is to deal with the product, close domestic markets and put ivory stockpiles that have accumulated over time beyond economic use. The second part is then to deal with the animal. The proposal to deal with the animal is to implement the African elephant action plan. That is a plan agreed between all African states that have elephants. It addresses all the issues to do with the management of elephants alongside people. It deals with law enforcement and protected areas on one side, and human-elephant conflict and sustainable livelihoods on the other.

One of the great things that has happened since the first conference, and as we begin to look to the second conference, is the building of this international consensus to close domestic elephant ivory markets, as well as the collapse in ivory prices that we have seen alongside that. What that does in practice is relieve the pressure slightly on countries that have elephants and are trying to manage those elephants. It allows them then to focus more on some of the other issues, as well as dealing with illegal poaching and the interference of criminal gangs. It also allows them to focus on problem management, sustainable livelihoods and so on. Those things are obviously something that we would all come in behind on.

As we look to this next conference in October, the elephant protection initiative will form part of it. It is now 18 African countries strong, having started with five at the first London conference and having been supported by the British Government the whole way through. The focus at the conference will not only be on celebrating the push to close domestic markets, but very much on raising funding and applying funding under common national plans under the African elephant action plan. That is development funding as much as anything. Focusing on that as much as on what we were talking about earlier with elephant ivory more broadly will be critical in demonstrating the success of closing domestic markets in terms of the survival of the species.

[Trudy Harrison (Copeland) (Con)]

Q We heard earlier that the price of elephant ivory had reduced from $2,200 to $450 a kilo. What has the impact been on ivory from other species? Do we know about that?

Charlie Mayhew: I do not have that information, but I anticipate that that figure would be across most ivory, and you would see something similar reflected.

[Trudy Harrison]

Q How difficult is to differentiate between ivory from an elephant and ivory from another species?

Charlie Mayhew: To the lay person, it is very difficult. If you walk into a market in Portobello Road or in Hong Kong, it is virtually impossible to tell the difference. It is certainly impossible to tell the age of it, as Will demonstrated with the piece he had.

[Trudy Harrison]

Q Could it be a risk that ivory from other species is passed off as something not from an elephant?

Charlie Mayhew: Absolutely. That happens regularly. In fact, you only have to go to online markets to see people trying to pass off ivory described as “ivory-coloured bone” to get around the legislation. That is one of our big concerns, with regard to the Bill hopefully having a real impact in closing down online sales. That really needs to be looked at.

[Trudy Harrison]

Q As the Bill stands, do you feel that it will contribute significantly towards that?

Charlie Mayhew: We have concerns about whether it will have the teeth to stop the online markets. That possibly needs to be looked at.

[David Rutley]

Q We asked a question earlier to check that witnesses felt that they have been involved in the consultation and engaged in the process. The other witnesses felt that they have been, but it is very important to hear that you have as well. I hope that is the case. We want to thank you for all your contributions to the process. We want to ensure that your voice has been heard, or that you at least feel that it has.

The other point I raised earlier, which has not been so fully examined with this panel, was displacement, and what more you think we could do to stop it as the focus on ivory moves to the far east—whether the October conference will help, or whether anything else could be done.

Charlie Mayhew: First, I echo the comments of the previous representative of the NGOs. I think that DEFRA and the British Government have been extremely good at consulting with us all. We certainly feel that we have been very involved—as involved as we could be expected to be. That has been fantastic.

The 2014 conference saw the launch of the British Government’s illegal wildlife trade challenge fund. Tusk has been a beneficiary and has managed two very major grants under that programme that have had a significant impact on the ground. I urge the Government to continue to support that funding—if possible, to expand that funding. Only yesterday I had a report of a poaching syndicate that had been arrested as a result of some of the training that we had implemented under that challenge fund grant. We have also been working with the Ministry of Defence on the deployment of soldiers out in Malawi, which has been hugely successful and very welcomed by that Government.

The British Government have a significant role to play in using our expertise in various areas to help those countries—not only in Africa but, as was said earlier, in helping to clamp down on the trade in the far east. We should continue to provide as much support and funding as we can to eradicate this illegal trade, not least because it is known that the trade has been exploited not only by criminal syndicates but by armed militias, rebels and terrorists. This goes much further than just being a criminal activity; it really impacts on the security of many of these countries.

Alexander Rhodes: I would like to add my thanks to the Government, and to DEFRA staff in particular. The consultation has been run extremely carefully and we certainly feel that we have been well consulted. It seems that everybody has had an opportunity to put things in, as I think the public response demonstrates. The electronic means by which people could engage were heavily used by the public, in order to be involved in the consultation, so thank you very much for that. I endorse what Charlie said.

Ivory Bill (Second sitting)

Trudy Harrison Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 12th June 2018 Public Bill Committees

[Liz Twist]

Q Do you think there are measures that could be added to the Bill that would help with enforcement?

Chief Inspector Hubble: I would love to have a dedicated cyber-team looking at this day in, day out, with real training and a focused effort. Lots of people in the NGOs we work with are doing work around cyber-related crime. We are in the process of setting up a cyber-working group to try to pull some of that effort and interaction together and to have that group as a priority delivery group alongside the priority delivery groups we have for the other six UK wildlife priorities. That is going to be a significant resource. I am not sure whether it is too big to manage, but we felt we had to do something to try to get people sitting around the table and working together.

[Trudy Harrison (Copeland) (Con)]

Q You have already explained that the UK Border Force is globally recognised, particularly around the illegal wildlife trade. Have the practices used by the UK Border Force been adopted by other countries around the world?

Grant Miller: Yes, they have. Most recently, we and the National Wildlife Crime Unit did three training missions to Malawi. We first brought Malawian enforcement to the UK and then delivered three workshops out there, and they have adopted the UK model of having a wildlife crime unit to handle all the intelligence, with clearly defined roles. Our environmental security taskforce meets every six months to plan operational activity. The Border Force has trained in more than 50 countries globally—most recently in South Africa, as I said. We are doing work in Hanoi, Mongolia and Cambodia, where we hope to deliver in the next year. So yes, exporting our knowledge and working practices does go on and is proving successful.

The Border Force has also deployed 28 officers into Africa, and it is expanding a similar sized team in Asia to build general customs capability. Illegal wildlife trade will be one strand that is focused on. On World Environment Day a couple of weeks ago, an operation into illegal wildlife trade was run in Nigeria by UK Border Force officers. It identified eight dirty suitcases full of ivory that the Nigerian authorities had forgotten about.

[Trudy Harrison]

Q How do you identify the difference between elephant ivory and any other ivory?

Grant Miller: Elephant and mammoth ivory has distinctive markings called Schreger lines, and the angle of those lines will identify whether it is elephant or mammoth. Other ivory forms have very distinctive shapes or formations. For instance, hippo teeth tend to be quite triangular in shape, which affects the styles of carving and so on that can be done. We also deliver training, and all our officers have modules that teach them the techniques of identifying the five main types of ivory that we encounter at the border.

[Trudy Harrison]

Q It sounds as if raw ivory—if that is how we might term it—is easier to identify, but once it has been crafted into an object, does that become much more difficult?

Grant Miller: If ivory is highly polished, the Schreger lines can become more difficult to identify, but again we generally have the skills within the team to do it. If we do not, we reach out to experts. We will predominantly go to the National Museum of Scotland and Andrew Kitchener, who will always provide expert advice, from an academic, about what we are looking for.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

Q The work you are doing is so very important, but I am wondering whether the National Wildlife Crime Unit has any indication of continued funding beyond 2020. When will you know whether funding will continue?

Chief Inspector Hubble: Our funding is committed until 2020, but beyond that we have had no formal indication that we will continue to be funded. That does cause concern. It is difficult for us to plan and commit to long-term strategies, and difficult for us to form business plans when in 20 months’ time we may not exist. It is difficult for me to keep my staff motivated when they have no job security—a whole raft of concerns are caused by funding.

--- Later in debate ---

[Kerry McCarthy]

Q Presumably there are not that many of these instruments around, so the chances are that they are going to be a long way from where the musician who is buying is located.

Paul McManus: Yes, and the problem is that the minute you say something cannot be done online, people get around it. You can buy a gun bag on eBay with a free gift inside it, because you cannot sell guns on eBay. People will get around it. David is right; a lot of musicians need to talk to other musicians around the world about their products. If it has been promised to a guy in America for 10 years, it will be done online.

David Webster: If it is a serious sale, they will be able to see it online and pay for it online, but they might want to actually try it out. When you buy an instrument, it is not just the instrument; it is also the ergonomic feel within the body and the tonal quality. Collectors might want to buy online and that would affect them, but the professional musician will always play the instrument before purchasing it.

[Trudy Harrison]

Q I feel that I should declare an interest as a pianist and the owner of a piano that may or may not have ivory keys—I have been doing some research, and they are not solid ivory keys but wooden keys with potentially ivory coating. This brings me to my question. You said that you believe that a 20% de minimis threshold would cover most commonly played and traded instruments, but what proportion would not be covered by this 20% of musical instruments?

Paul McManus: There are a few, and they come under antiques. We saw a lute that had nearly solid ivory plating over the whole thing, but that was pre-1947. It dated back to the 1800s.

[Trudy Harrison]

What about post-1947 musical instruments with more than 20% ivory?

Paul McManus: There are virtually none. The most we could find was an accordion that was laden with ivory, but it still did not make 20%. We have some parity here across the ocean with the Americans, which is always a good thing. As far as we can see, the 20% de minimis would catch everything.

David Webster: When we went to our members and asked what they had, generally speaking they were things like bagpipes with ivory mouths, bassoons with an ivory ring at the top, cello bows and other stringed instrument bows, flutes with ivory caps, ivory screws and so on—very small amounts when you consider the entire instrument. Nothing really jumped out at us.

[Trudy Harrison]

Q Is there any danger that the ivory from musical instruments could be collected and used in some way to make another object?

David Webster: But then you would destroy the instrument.

Paul McManus: You would also destroy the ivory by taking it off, frankly.

David Webster: You would pretty much have to destroy the instrument to carbon date the ivory, which is why we welcome the self-declaration part of the registration. We think that is a very sensible move, and we welcome that. Sometimes you have to destroy the instrument in order to carbon date, and that would be a great shame.

[Trudy Harrison]

Q I understand that the instrument would be sacrificed, but could you imagine a market where people took the very small proportion of ivory from instruments to craft an object?

Paul McManus: You would nearly always break the ivory when taking it off the product.

Mark Dodgson: Most inlay that features on anything, such as the thin slither on a piano key, is very unlikely to be capable of being reused or exported. We have had this discussion previously. Objects with small, thin slithers are of no use to anyone who wants to use them further.

[Dr Cameron]

Q Do you have any concerns—we heard some this morning—about proposals to issue replacement certificates? Could that allow duplicates to be circulated in the system? How could we strengthen the system in that regard?

Anthony Browne: The proposals on certification are very sensible. They deal with all the eventualities quite well. I have to say that this whole certification system grew out of discussions that we have had for a very long time with DEFRA officials and with NGOs, and it is very robust as it is. It will apply to a small number of very recognisable and unique objects, which is really why it will be effective. It is analogous to all sorts of licensing systems in that respect. The proposals for replacement, re-registration in the event of a transfer and so on, seem to me to be eminently sensible.

Mark Dodgson: The only thing I would add to that—I agree with everything that has been said—is that there should be some facility for someone to check whether a certificate is genuine, perhaps online. Likewise, in the case of registration, I wonder about online purchasers. It is not clear to me from the Bill whether a buyer will have the opportunity to check through DEFRA whether a particular registration has been made.

--- Later in debate ---

[Sue Hayman]

Q Would that cover galleries as well? Does the Arts Council accredit galleries? Yes, they are nodding at the back. Thank you very much.

[Trudy Harrison]

Q Do you have any concerns about differences of opinion between the expert assessors in assessing whether something would be exempt or not?

Dr Boström: According to the criteria that are set out here?

[Trudy Harrison]

Yes.

Dr Boström: It had not occurred to me. I assumed that we all speak as one. I imagine that there would have to be a quorum.

[Trudy Harrison]

Q Do you feel that the classifications are clear enough for there to be a unity of assessment?

Dr Boström: Absolutely. I think the basis from which we all begin is as one on criteria. There might be a difference of date—1540 or 1545, for example. Some scholars like to get into the details, but I think difference would be more on that basis than on the general principles that we would abide by.

Anthony Misquitta: The Waverley Committee decides on whether an item qualifies for an export licence. I am not aware of the extent to which they differ in their views when they consider whether to allow a licence, but I think their procedures are robust. I envisage that, whatever committee is chosen for the purposes of ivory, it would adopt a similar framework and governance to the Waverley Committee, which I understand is effective.

Dr Boström: It is very effective in its checks and balances and decision making by committee on the advice of an expert.

[Anna Turley]

Q I want to draw your attention to the exemption under items of high artistic, cultural or historical value in clause 2. Do you think that definition is robust enough? As experts, are you confident that you have the criteria for that definition, given that you may be asked to give advice to the Secretary of State on passing an exemption?

Dr Boström: Yes, I am. I believe that, as Anthony has outlined, it would be rather like the way we act as expert advisers to the export licence committee through the Department for Digital, Culture, Media and Sport, based on the expertise we have among all the national museums. These export licences are shared across museums according to the expertise in place, so it would be absolutely directed to those experts in ivory—ivory carving or musical instruments—and the expert would pronounce on that. I have no doubt that the expertise would be in place.

Hartwig Fischer: Museums are responsible for collecting only what is really significant to deliver their mission, and we all have limited space. I think the criteria are robust and we can work with them because we have worked with them all along. It would be the ambition of any curator or museum person to get just what is really significant for the collection—that is to say for the public in the end, and for future generations to learn about the past.