Domestic Ivory Market

Victoria Borwick Excerpts

Monday 6th February 2017 Westminster Hall

[Pauline Latham]

I have no idea; I have never even thought about having anything carbon dated. However, the cost is not what matters. What matters is having something independently certified to prove that it is old and not new. We cannot expect the police or Border Force people to understand and to be able to look at a piece and say, “That’s post-1947 and that’s pre-1947.” It is just not possible.

[Victoria Borwick (Kensington) (Con)]

May I draw attention to what my hon. Friend said earlier? She actually said clearly—I absolutely agreed with her as, I am sure, many did—that genuine experts can tell the difference between genuine works of art. As others in this room have said, the market in the far east is for shiny, modern, contemporary pieces. That is entirely different from the antique ivory sold by our dealers and exhibited in our museums here. To quote my hon. Friend, genuine experts can easily see the difference.

[Pauline Latham]

I am sure they can and I hope that we will have a system where a piece has to go to a genuine expert before it can be traded and moved out of this country.

It is clear that the sale of antique ivory in the UK provides a false veneer of legality for black markets across the world, because most people cannot tell the difference. Owing to the fact that 31% of ivory exported from the EU comes from the UK, Britain is unfortunately an unwilling but major culprit in the illegal trade and, as such, the killing of elephants. Even those who profit from ivory trading admit that current legislation does not go far enough. Auctioneer James Lewis from Derbyshire, who is in the Public Gallery, admitted that the antiques market contributes to the illegal ivory trade by arguing:

“I've been to Hong Kong and the Chinese mainland and I have seen antique ivory on the shelf next to brand new ivory. It is without doubt the case that profits from old ivory are being invested in modern ivory.”

Introducing the ban will deter those trying to traffic ivory, as the stricter legislation will deprive them of the opportunity to disguise new ivory as old. If nothing can be sold, nothing can be hidden.

The arbitrary nature of the 1947 cut-off date dividing antique and non-antique ivory should also be addressed. There seems to be no real reason for why that date is the dividing line when the rule of thumb, I believe, is that an antique must be at least 100 years old. Just extending the cut-off point might make it harder for criminals, as they would have to go to greater lengths to disguise new ivory as old. I believe that a cut-off date of 1900 should be used, because that is a nice clear date for everybody.

Until we bring in a near-total ban I fear that criminals will find a way to pretend that illegal pieces are legal, however hard it might be, just because of the sheer scale and lucrativeness of the activity. The illegal wildlife trade is considered the fourth most profitable international crime after drugs, arms and human trafficking—we do not approve of any of those, but we seem to think that ivory is okay—and is worth between $15 billion and $20 billion annually. Ivory makes up a significant proportion of that market. It is estimated that every year approximately 200 to 300 tonnes of illegal ivory enter the global market. If we introduced this ban, we could change consumer demand as well as customer behaviour. A lower supply of ivory, which the ban would effect, would restrict the amount that could be bought. More widely, the ban would act as a strong symbol that trading illegal ivory is a crime and one that Britain will absolutely not condone. No member of the public will be against this ban. No one can condone the slaughter of yet more elephants.

I have heard arguments against putting a ban in place on economic grounds and because of the impact on business across the UK. To that, I say two things. First, the economic impact would be slight. Antiques dealers sell a variety of pieces and the amount of genuine antique ivory being sold in proportion to other works is relatively minor. Secondly, and more importantly, I want to stress that the real reason for bringing in this ban is not economic, but moral. When did we argue about extending legislation on zero-hours contracts or—an even more dramatic example—abolishing child labour or sending children up chimneys? Those decisions might have had a negative economic impact on certain businesses, but they were still right. We have an opportunity today to help put in place a ban that will save the lives of truly remarkable animals and prevent there being more bloody corpses. I do not pretend that this ban will solve the issue entirely—it is a global problem—but no significant problem was ever fixed with one decision.

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[Victoria Borwick (Kensington) (Con)]

It is a pleasure to serve under your chairmanship, Mr Brady; I am sorry that my voice today is not quite as strong as it might be. I declare an interest: I am president of the British Antique Dealers Association and I have been advised by the British Art Market Federation, the Antiquities Dealers Association and LAPADA, which comprise a group of Britain’s most knowledgeable and highly regarded auction houses and specialist dealers in fine art, decorative arts and antiques.

The fact that a second ivory debate has been triggered by a petition to Parliament demonstrates the strength of feeling among the public about the plight of elephants. I therefore really hope that we can clear up these misunderstandings about ivory and about antiques. For the record, I must emphasise that the British antiques trade deplores the trade in poached ivory. The most important point that I need to make is that the antiques trade does not support the killing of elephants, nor does it support any system that allows raw ivory from post-1947 sources to be traded. Every hon. Member present agrees that we must look to our future, for our children and our grandchildren, but we must not throw away our past. We all welcome the proposals from my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs to remove from sale all ivory items that are less than 70 years old. Antiques collectors have no interest in items made from modern or poached ivory. We all welcome tougher measures to stop the sale of tourist trinkets made in recent decades.

This is, understandably, an emotive topic, so it is crucial to be factually correct. The e-petition claims:

“From 2009 to 2014, 40% of UK customs seizures were ivory”.

That is not correct. For example, the Border Force typically makes 500 drug seizures a month. Cases of ivory seizure represent less than 1% of all seizures. The British Antique Dealers Association’s understanding is that the Border Force does not regard the UK as the final destination for poached ivory. Most seizures are of one or two small carved items, often old objects that lack the necessary paperwork. A smaller number of seizures are of tusks and freshly carved trinkets that have arrived here in transit, destined for other countries, and I concur with my hon. Friends that that is something that we need to stamp out.

Last year’s TRAFFIC report, backed by the World Wildlife Fund, on the antique ivory trade in Britain concluded:

“Links with the current elephant poaching crisis appear tenuous at best, as researchers found no new or raw (unworked) ivory for sale, and only one item that was reportedly after the 1947 cut-off date for antique ivory.”

We all know that the largest market for ivory as a material is in the far east, as other Members have said this afternoon. Buyers there have no interest in most historical objects on sale in the UK; they desire ivory in any form and prefer it shiny and modern. Other EU countries must therefore stop exporting whole tusks to China. As has been mentioned, the Chinese Government’s announcements of further restrictions are very welcome, but they have to happen and they have to be enforced. They cannot come soon enough. It is in the far east that we must galvanise our resources. We should stop confusing ourselves on the topic by looking at our own medieval treasures in our museums, churches, homes and antique dealers. We must protect our history.

[Rob Marris]

The hon. Lady has connections with the antique trade, as she has declared. Can she answer the question that I keep asking, which is whether the antique trade would support some kind of certification system? There is already some paperwork—she spoke about paperwork on seizures and so on. Can she also tell me how much it costs to radiocarbon date a piece of ivory?

[Victoria Borwick]

Certainly. I can answer both questions. There are many parts of the art and antiques dealers’ trade for which we keep catalogues, make certifications and work among trade associations and specialists to keep certificates, records and suchlike. I have absolutely no doubt that when the Minister sets out her suggestions on a committee or a way of taking things forward, the trade will willingly look at ideas about the certification of finer objects with photographs and detailed descriptions of provenance, size and so forth, so that they can be properly catalogued.

With carbon dating, a very tiny item can be destroyed if too much is drilled out, which is why everyone is so reluctant to do it. However, as other Members have said, it is usually easy to tell. The usual cost is a few hundred pounds, but it very much depends on the complexity of the object. With early Chinese and other works of art that have been around for hundreds or thousands of years, there is always a lot of unhappiness about drilling out the left foot, because it inevitably spoils the item. I am sorry if that was a rather longer answer than the hon. Gentleman wished for.

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[Mr Graham Brady (in the Chair)]

Order. Before Victoria Borwick responds, I have to say that although it is in order for Members to refer to notes on electronic devices, reading emails that have just been received is to be deprecated.

[Victoria Borwick]

I think the cost of radiocarbon dating depends on the complexity of the testing required, but I thank my hon. Friend the Member for Mid Derbyshire (Pauline Latham) for her clarification.

The United States Fish and Wildlife Service recognises that antique ivory is a special case that warrants exemptions. People say, “What lessons are we learning from the rest of the world?” Well, in America, although some imports are restricted, federal rules allow trade in legally obtained antique ivory.

[Richard Benyon]

Does not my hon. Friend think it a pity that in this country we are not being consulted on the American system, which I understand uses a rolling 100-year rule? This year, it has moved from 1916 to 1917. We have not been able to hear the antique trade’s view, or anyone else’s, on a 100-year ban. Personally, I would like it to be longer, but there must be a way forward without all this complication. We could register these works of art and then move on with a proper ban that would be respected round the world.

[Victoria Borwick]

That is absolutely the sort of discussion that I know the trade is very willing to hold. I am sure that such a discussion would represent the interests of many hon. Members present and would be a good way of discussing a way forward.

The US Fish and Wildlife Service has stated that old ivory items do not threaten today’s wild elephants, so the point is accepted elsewhere. No one has demonstrated that the UK antiques market contributes to poaching today.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I wonder whether the hon. Lady could help me out with something that she has said; indeed, it has been said a couple of times today. She has spoken of beautiful, historic ivory objects in churches and museums, and so on, that are part of our history and should be respected as such. Could she explain how the banning of ivory and the ivory trade threatens the beauty or the intrinsic historic value of these objects?

[Victoria Borwick]

Things have to have value in order to be kept, in order to be valued. Also, as the British Museum has said, these things are part of all our history. Nowadays, we are obviously very upset when people destroy other people’s history, and that is exactly the point. Things have to have a value. We have cherished our history, just because it shows our history to our children, our grandchildren—and even the grandchildren of the hon. Member for Bassetlaw (John Mann)—which is why it is so important that we do keep our best.

[John Mann]

Does the hon. Lady have some evidence that this issue is not a problem? How would she explain the £3,250 fine on Christie’s in May last year, or the record 110 kg of ivory tusks that were found at terminal 4 in Heathrow airport in October 2015, which came from Angola and, like other such shipments, was headed eastwards via the United Kingdom? How would she explain those incidents if there was not a problem?

[Victoria Borwick]

First, as we all know, the Christie’s stuff is publicly known—Christie’s admits to making a mistake and paid up; that is a matter of public record. As has been said before with regard to the tusks, as we all know, they were in transit and that is what we have got to stop. Every Member in this Chamber, and I am sure that all those watching, would absolutely concur with the hon. Gentleman: we have got to stop the trade and the transit of tusks. There is no disagreement between us on that.

[Dr Paul Monaghan (Caithness, Sutherland and Easter Ross) (SNP)]

If the hon. Lady is so enthusiastic about placing a value on everything, can she tell us the value of an elephant?

[Victoria Borwick]

Absolutely immeasurable—nobody is disputing that. However, the argument that I am making is that we cannot compare a wonderful live elephant, where the value of the tusk is to the elephant, with something that comes from several thousands of years ago. I think the hon. Gentleman is trying to compare apples with pears, and that is the point I am trying to make to him. He does not have to agree with me, but that is the point I am making: that the value of an elephant tusk is to an elephant. What I am talking about are objects that have been around for thousands of years and are now in our museums.

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

The hon. Lady has spoken about priceless antiques being part of our history. Surely the point of today’s debate is that we want elephants not to be part of our history but part of our future?

[Victoria Borwick]

Absolutely—I have no doubt about that at all. There is no dispute there; there is nobody in this Chamber or among those watching who would agree with killing elephants today. The hon. Lady is absolutely right. I am merely saying that, as others have said, when we come up with the new regulations, we must do so very carefully so that we do not destroy what history we do have.

On behalf of the museums I represent in my Kensington constituency, as well as many of the antique dealers, let me say that I genuinely believe—I paraphrase one of the other Members who has spoken—that items of cultural and artistic heritage should continue to be exempt from a trading ban. Our museums rely on, or work with, the trade, in order to continue to develop their own collections. The royal collections have continued to develop and build up their own collections, as was talked about earlier.

The British Museum has stated that restricting the ability of collectors to purchase important works of art would have a detrimental effect on public collections. The British Museum collection includes many significant objects made from ivory from many different cultural traditions, including objects from prehistory that are carved from mammoth ivory and the Lewis chessmen, which are made from walrus ivory. They are integral parts of the museum’s collection and play an indispensable part of its presentation of the history of human cultural achievement.

On this most propitious of days, the Queen’s sapphire jubilee, Members will be familiar with portrait miniatures, which were referred to earlier. These are painted on ivory, as they are viewed as having long-lasting and special properties. We should not be thinking about destroying or not treasuring these things.

[Richard Benyon]

My hon. Friend has twice used the word “destroy”. Who is going to destroy any ivory? As far as I am concerned, that is not part of the Government’s consultation. I do not think that it is the policy of any Member on any side of this argument, if there are different sides of this argument. Nothing will be destroyed; all those pieces of artwork will still exist. What we are talking about is not encouraging ivory to be poached and elephants to be killed because there is a market in ivory today.

[Victoria Borwick]

I absolutely agree with my hon. Friend; nobody wants to destroy anything. I was just getting a bit nervous because of some of the talk earlier, so I stand corrected. I am delighted that everything is going to be saved.

As many Members have already done, I could list examples of how ivory has been used down the centuries. The British Art Market Federation has made copies of its reference document available, and I know that one has been placed in the Commons Library.

To conclude, we must stop the current trading in raw and poached ivory, but that is not the same as trading in antique cultural artefacts. To stop that would be like suggesting that the current threats to whales should prevent the sale of scrimshaw and corset bones in the costume collections in our museums. We must separate modern poaching—I am speaking about the importance of our historical objects, in our constituents’ homes, in our local antique dealers and on display in our world-famous museums.

There is a huge interest in antiques in this country and there must be antique dealers in most Members’ constituencies. The craftsmanship of objects and their historical interest is foremost in the minds of buyers, not the materials used. Many of our constituents will have objects passing through their hands that incorporate ivory, whether little inlays on a desk, a miniature portrait or a tea caddy. A ban would mean that their lawfully acquired possessions would become unsaleable, and not a single elephant would necessarily be saved.

The antiques trade has made it clear that it welcomes the opportunity to share its knowledge by working closely with my hon. Friend the Minister to help to ensure that the proposed ban on the sale of post-1947 items is properly enforced. The trade has a number of ideas for cataloguing, certificating and working together to address the issues raised so forcefully this afternoon. I have no doubt that, working together with the antiques trade, we can ensure that Britain’s heritage is protected for future generations.

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[Rebecca Pow (Taunton Deane) (Con)]

I congratulate my hon. Friend the Member for Thornbury and Yate (Luke Hall) on securing this debate. As I rise to speak, a 10th elephant has probably died—although my right hon. Friend the Member for North Shropshire (Mr Paterson), who made an exceedingly good case, spoke for such a long time that it might be a 20th elephant.

It is telling that we are debating this subject again just two months after we had virtually the same debate in this place, but so many people signed the petition that we were driven to have another debate, which has cross-party support. The fact that so many people—including many in Taunton Deane, where, as far as I know, we do not have any elephants—signed the petition shows that there is so much passion for ensuring that these creatures remain alive. The all-party group for animal welfare, which I co-chair, spends much time talking about domestic animals, but we also deal with international animals. Ivory is high on our agenda.

As has been said, something like 30,000 African elephants have been slaughtered in just the past year. There are only 450,000 African elephants left. That figure will be halved in six years. Allowing that to go on around us is a shocking reflection on our society. The death of just one elephant is a death too far—elephants are too valuable. This summer I visited one of those wonderful conservancies in Kenya. Seeing abandoned baby elephants is heartrending because they cannot cope on their own. They do not really grow up and cannot leave their mums until they are about eight years old. That is one small, heartrending angle on the situation.

The ripples caused when only one elephant dies go right out into the community and affect the whole habitat. The creatures live in families, but the death has a knock-on effect on the communities, too, which now very much work with the elephants in the conservancies, as we heard from my right hon. Friend the Member for North Shropshire. We might describe that as an economic angle, because tourism is part of the drive to keep the elephants and to look after the wildlife, but it is about maintaining the entire biodiversity and habitat. We are talking not only about killing elephants, but about the big knock-on effect.

The illegal wildlife trade is now the fourth most lucrative transnational crime. It is also a dangerous activity. Poachers bring in increasingly sophisticated weaponry to many areas, as well as a lack of respect for the environment and the communities. The effect is to destabilise those communities. Over the past weekend, there were worrying reports of unrest in some conservation areas in Kenya, namely Laikipia, where some excellent conservation work is carried out to help species to survive, including elephants. Survival in that excellent conservation project is alongside the people. The unrest does not relate directly to poaching, which is not what caused it, but unrest opens the door to the poachers to creep in to kill more elephants.

I asked the director of the Sarara sanctuary at the Namunyak Wildlife Conservation Trust, in Samburu, northern Kenya, about whether poaching was increasing. He stressed the whole-system idea—the multifaceted approach in which conservation works alongside communities so that wildlife may thrive. By creating a potential market for ivory, we are certainly adding one more strain on those areas and projects, destabilising them. I totally support calls for DFID funding to contribute further to such conservation projects, because they will result in help for the elephants.

I welcome the Government’s forthcoming ivory consultation, but I press the Minister to include pre-1947 ivory. To consider only what we describe as “modern day ivory” is to miss the opportunity completely. We all appreciate that Government time, money and resources are exceedingly tight—the Department for Environment, Food and Rural Affairs has many concerns on its table at the moment—but I am concerned that considering a ban only on post-1947 ivory in the consultation is almost a waste of our resources. As has been said, surely we would still soon have to readdress the whole issue.

As a nation—this has been much commented on—we should be keeping up with the rest of the world. Normally, we are at the forefront, leading the way on animal welfare. We pride ourselves on that.

[Victoria Borwick]

My hon. Friend is absolutely right. After all, America has a rolling 100-year plan, China has said that it will again consider exempting antiques when it brings in its arrangements, and France already exempts antiques. As she says, there is a lot of good will about making progress, and the idea of some sort of rolling scheme might be a way forward.

[Rebecca Pow]

I thank my hon. Friend for her intervention, and I congratulate her, too, on speaking in the debate today, which was exceedingly brave. We understand many of the points made by the antiques trade, and we are not anti it. Antiques are a massive part of our history and I even have had handed down to me some ivory heirlooms—ancient broaches and bracelets. Not for one minute do I think that anyone is suggesting that I should crush them or throw them away. Indeed, I would like to hand them on to my children, because they all have a story. Antiques are part of our nation and our history. We will be thinking about a modern day ivory ban, however, so we should not miss a huge opportunity to do more. In the Chamber today we have heard some sensible ideas. Will the Minister kindly comment on that 100-year rolling plan?

I was making the point about how we should be leading the way and continuing our wonderful record on animal welfare. We need to get to grips with the issue forthwith. Obviously, we will not solve the problem overnight, but the tide can start to change. Given the actions of the Chinese Government, who have expressed their disappointment with our actions, and the growing prominence of the CITES treaty, we must not shirk our responsibilities. As the same time, however, we need to be clear about the direction that we will take and how we intend to deal with the situation.

I recognise that on paper we already go further than the CITES requirements, which only mention banning post-1990 ivory. I also understand that the use of the 1947 date is in part due to EU regulations. If we ban the sale of all ivory, enforcers would need a recognised dividing line. We are large contributors and supporters of enforcement efforts throughout the world. I applaud that, as I do the positive moves of the Government domestically to save the national wildlife crime unit. We have a good record and so must not be too negative about it. We need to use our strengths and to move on.

To sum up, I gently remind the Minister, who has a good heart in such areas, that both the 2010 and 2015 manifestos state that we will press for a total ban on ivory sales, so to consult only on post-1947 ivory seems to be shirking our responsibilities somewhat. With many hon. Friends and other hon. Members, I urge the Government to get on with the consultation soon, but it should not unduly affect museums and other places that hold historic items and heirlooms. There are many good suggestions of how to deal with the issue, including those of the World Wide Fund for Nature.

The introduction of a total ban would be welcome not only for the elephants and by the communities where the elephants live, but by all those animal lovers from Taunton Deane and further afield who have signed the petition. Surely we want an environment that works for everyone and everything. The Minister has already done great work with the introduction of a microbeads ban to protect our marine habitat—a forward move by the Government—but we need to protect everything, from our ancient trees to our nematodes in the soils and, in particular, those gentle giants, the elephants. It would be a very sad reflection on our society if we are unable to take that small step for the sake of those glorious fellow creatures.

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[Rachael Maskell]

Absolutely, Stop Ivory has done a wonderful job, as have the International Fund for Animal Welfare, the WWF, Tusk and Save the Elephants. There are so many organisations out there—I would not want to draw out one in particular—all working together, I hasten to say, because they have one objective. I think we can see that right across the House we share an objective with them to move forward on the ban.

As we have heard, what we are talking about is getting on top of criminal activity. Surely the Government’s first focus should be to get on top of what is happening, which is happening in conjunction with other criminal gangs, drug rackets and sales of arms. We know that there is an interconnection, and it is so important that we get on top of that criminal activity. A full ban is one way of bringing an end to those gangsters’ deplorable activity. From the statistics we have heard so many times in this place, we know that 200 to 300 tonnes of ivory are being stolen from elephants. That is bringing in £10 billion to £20 billion of blood money. Therefore, shamefully, we are complicit with that agenda if we are not doing absolutely everything in our power to stop the trade.

I want to come on to the consultation, which we have not seen yet, and the date of 1947. We were promised it at the last debate, but another two months have passed and we still do not have it. I know that DEFRA has so much on its agenda at the moment, not least dealing with the EU, but elephants cannot wait for those distractions. We need to put our foot on the accelerator. Let us move on today. Let us resolve in this place to move on and fast-track our approach in taking this forward.

We have seen how fast China has moved. A vaster, much more complex country than ours is talking about putting a stop to the process in just three months and putting a full ban in place in 12 months, so there is no reason why we have to spend months in consultation or thinking about consultations and what questions to ask. Let us just be honest and straight, and let us just move on. I therefore ask the Minister: why the delay on such an important issue? Can we not just get on with bringing in the ban? She will not find opposition across the House or across the country—in fact, people will get behind her. I therefore urge her to move on with that.

I want to look at the date of 1947. I believe I said in the previous debate that it is a rather arbitrary date, so why are we so rigid on that? Why do we not move forward? We have heard about the US and its 100-year rolling programme, which is perhaps one approach that could be taken, but why do we not move to a total ban? We have heard questions such as, “How can you tell what year it was bought?” Carbon dating is one way of doing that, but again I ask the Minister a question she did not manage to answer the previous time I challenged her on this point: can we tell the difference between ivory from 1946 and 1947 or from 1947 and 1948? Where the margins are so fine, why do we complicate things by drawing false demarcations rather than moving forward to a total ban? As we have heard, the human eye cannot necessarily spot the difference, as pieces of ivory are made to look more antique. We also know that paperwork can be forged. It is therefore important that we do not draw arbitrary lines and then try to justify it around the edges. We must have the courage of our convictions to say, “This is wrong,” and to move on from that.

[Victoria Borwick]

The hon. Lady is right about the difficulty of those details when something is made entirely of ivory. Of course, ivory often forms part of something else. Therefore, we often date, for example, a clock, a piece of furniture with an inlay or another decorative object on the other items. For example, it is easy to date ivory that appears in a silver teapot where it acts as the handle or an insulator. Although this debate is all about ivory—one of the reasons the date was chosen was because it is pre-convention—where ivory appears in something else, the date of the ivory can be assessed from the rest of the item.

[Rachael Maskell]

The hon. Lady knows so much about this subject matter—[Interruption.] She denies it. There may be other contributing factors, so that still does not necessarily date the actual ivory, and that is the subject for today’s debate. We have to move on from trying to draw arbitrary lines and making judgments, either with the human eye or with carbon dating—we have had contributions about the costing of that—and say, “Why make things so complicated, when out there across the country and in this House we want a total ban?” Let us move on from that debate. Let us be really pragmatic and bring in the total ban.