PARLIAMENTARY DEBATE
Ivory Bill - 4 July 2018 (Commons/Commons Chamber)
Debate Detail
Brought up, and read the First time.
New clause 2—Report on the international ivory market—
“(1) Within 12 months of section 1 of this Act coming into force, the Secretary of State must publish and lay before each House of Parliament a report on the international ivory market.
(2) The report must as far as practicable analyse the impact of this Act on the demand for ivory in the United Kingdom and in other countries.
(3) The report must consider—
(a) the impact on nations or communities that generate income from ivory of—
(i) the provisions of this Act, and
(ii) international agreements related to the ivory trade,
(b) the work of the Department for International Development in—
(i) reducing the global demand for ivory, and
(ii) mitigating any negative impact of the provisions of this Act on nations or communities that generate an income from ivory.”
This new clause would require a report to be laid before each House of Parliament on the international ivory market, including how the Department for International Development is working to reduce global demand for ivory.
Government amendments 1 to 4.
This broadening of the definition of ivory is not just because many CITES species are at risk of becoming endangered, but to stop the focus on banning just elephant ivory and so pushing poachers towards other forms of ivory, including hippo, narwhal, killer whale, sperm whale and walrus ivory. As the Born Free Foundation has stated:
“It would be a tragedy if we worked really hard to save elephants and other species were collateral damage in the process… We recognise that the trade is entrepreneurial and will move to wherever there is an opportunity.”
Both the International Fund for Animal Welfare and the Born Free Foundation stated in their evidence to Members that an extension of the definition of ivory would be welcome, provided that it did not delay the passage of the Bill. During the evidence session, Will Travers of the Born Free Foundation said:
“From 2007 to 2016—just under a decade—78,000 hippos and hippo products were exported by CITES parties. Hong Kong imported 60 tonnes of hippo ivory between 2004 and 2014… Those are not insignificant by any measure—they are enormously significant.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 5, Q2.]
As I have said on the record, the Opposition are keen for this legislation not to be unnecessarily delayed, but we must also ensure that it is the best it can possibly be. There appears to have been a rush to push it through at any cost before the international wildlife conference in October, despite the advice I have been given that this is not achievable: it will not get through all the legislative stages in time for the conference. Will the Minister clarify whether the target has been to get it in place before the conference? Will he explain to the House why the Government have sought to oppose sensible and necessary amendments to the Bill on the basis of not wishing to delay it?
Will the Minister look again at the arguments the Government made against Labour’s attempts to broaden the scope of the Bill in Committee? One of the arguments was that such an amendment could be challenged under the European convention on human rights. As I said in response in Committee, this is clutching at straws, and it is directly in opposition to the legal advice that I have sought, so I want to put this argument to rest once and for all.
According to the legal advice I have taken, primary legislation can be challenged only on human rights and EU law grounds. I have been informed that in the case of human rights, the argument would have to rest on article 1 of protocol 1 on the peaceful enjoyment of property, which is also subject to a public interest caveat. On that basis, we can justify the inclusion of other creatures—such as on the grounds of endangerment —in the same way as elephants. This is the legal information and advice that I have received, and I wish to put it formally on the record.
In fact, it is arguable that the omission of other species makes the Government more susceptible to legal challenge, not less, as the Government have already recognised the need to protect other ivory-bearing species, but have chosen not to do that through this legislation. If Ministers are going to continue to push this argument, may I ask that a copy of the legal advice they have received is made available to Members in the House of Commons Library?
Despite the fact that the Opposition feel that these other ivory-bearing species could legally be incorporated in the Bill, if needed, we have, in the spirit in which this entire legislative process has been conducted, listened to the concerns set out by the Minister in Committee, and we have revised our original amendment into new clause 1, to address the concerns that the Government raised in Committee. New clause 1 would simply mandate the Government to introduce secondary legislation on other CITES ivory-bearing species within a 12-month timeframe. Given that the Government have said that they understand the merit of widening the scope of the measure to include other species, it should not be a problem for them to commit to doing so in the Bill. New clause 1 would allow a consultation if necessary, while at the same time ensuring that secondary legislation is introduced and that the issue cannot slip off the agenda indefinitely.
New clause 1 goes beyond vague promises and warm words of support. We have seen how a commitment to banning ivory has drifted in and out of consecutive Conservative manifestos and how Government commitments on animal welfare issues such as the banning of wild animals in circuses have been allowed to drop off the agenda. We must not allow the same thing to happen in this case.
New clause 2 seeks to focus minds and action on the international nature of the illegal wildlife trade. We simply cannot tackle the global trade in illegal ivory on our own. The illegal wildlife trade has grown rapidly in recent years and is now estimated to be the fourth largest transnational illegal trade, worth over £15 billion a year. The illegal wildlife trade drives corruption and has been linked to other forms of organised crime, such as arms, human trafficking and drugs. The effective tackling of this illegal trade requires international co-operation. In the spirit of the international wildlife crime conference that Britain will host in October, new clause 2 sets out a clear responsibility for the Secretary of State to provide to the House a report on cross-departmental efforts to tackle this trade and the poverty that drives it in the communities that are affected.
Looking at how we tackle the illegal trade effectively, hon. Members will agree that we need international co-operation, as I have said. In debate and in Committee, hon. Members have said that we need to look at how we work effectively with the Department for International Development in the communities where poaching takes place. Poverty and corruption drive the trade. We have seen in recent days a terrible example of that with the poaching of Bella, a 20-year-old white rhino with a young calf. Bella was dehorned in an effort to make her less of a target a week before she was shot dead by poachers at Kragga Kamma game park in the Eastern Cape. However, hunters sliced her face to extract the small amount of horn that remained. The grisly discovery of the mutilated carcase of a dehorned rhino, killed for less than one centimetre of horn stump, lying next to her calf underscores the depths of South Africa’s poaching problem. It also underscores the fact that poachers kill for very little ivory, which is why it is important to extend the scope of the Bill.
Will Travers, director of the Born Free Foundation, told the Bill Committee:
“In my view, there is a common linkage with our clear objectives in overseas development, which are to deal with poverty and to provide opportunity...If we are not investing in the protected areas where elephants and other species live, we are not doing a great service either to the species we wish to protect or to the people who live literally downstream from those protected areas.”––[Official Report, Ivory Public Bill Committee, 12 June 2018; c. 9, Q12.]
International leadership and commitment are needed from DEFRA. I sincerely hope that the Minister will agree to support new clause 2, which would make meaningful the commitment to international action on the illegal ivory trade.
Government amendments 3 and 4 bear an uncanny resemblance to amendment 12, which Labour tabled in Committee, as I mentioned. Labour does not seek to oppose the Government amendments, as it is proper and right that the Secretary of State should have the discretion to include additional species, whether they are CITES-listed or not, at a later date depending on the evidence at the time.
I would like to make clear the difference between Government amendments 3 and 4 and Labour’s new clause 1. They are entirely different and in no way contradict one another. Government amendments 3 and 4 seek to provide powers for the Secretary of State to add CITES and non-CITES listed species to the definition in future if the Secretary of State so wishes. The amendment does not compel or require the Government to do so and it does not specify a timeframe. It is therefore important that both Government amendments 3 and 4, as well as new clause 1, are adopted today to protect the most at risk CITES species as a priority within the next 12 months, as well as providing the Secretary of State with the discretionary powers to include species at an future time if necessary.
This House is united in its determination to clamp down on the ivory trade. Labour’s 2017 election manifesto made a clear commitment to a full ban on ivory sales, and I welcome the Bill today. It is an important step forward in protecting elephants and starting to tackle this appalling trade. The Committee stage was conducted in a spirit of working hard and being constructive together. I recommend both Labour’s new clauses and the Government amendments to the House. We need to close any loopholes in the Bill that might further endanger the walrus, narwhal, sperm whale, killer whale and hippo. I have tried hard to work constructively with the Minister. I ask that he take our concerns and our new clauses very seriously. I urge the whole House to support Labour’s new clauses 1 and 2 today.
From time to time, I toy with trying to win the lottery. If I did, one of the things I would do is take my children on safari in Africa to see, among other animals, elephants. My children are quite young, so I think to myself that I will do that in 10 or 12 years’ time when they are a bit older. I just hope that the elephants will still be there. That, of course, presupposes that I win the lottery. I fundamentally believe that the Bill will have an important role to play in helping to deter the trade, making it morally reprehensible to trade in ivory and to poach, and to act as a beacon of excellence for other countries to follow.
I do not particularly like to be tied into other agendas and the timetable of other agendas, but I have been entirely persuaded, in Committee and on Second Reading, by the comments and assurances given by my hon. Friend the Minister from the Dispatch Box about the importance of getting the Bill through cleanly and swiftly to ensure it hits the statute book at an appropriate time and in a form whereby it can be cited at the important conference in the autumn.
Clause 35(3) refers to animals or species only on the CITES list. CITES is clearly a recognised international forum that deserves a huge amount of respect and great weight must be placed on its findings. However, I say politely but with a certain degree of firmness to those on the Treasury Bench that we should not be restricted solely to species recognised by CITES. My hon. Friend the Member for Richmond Park (Zac Goldsmith), who has led this debate in so many ways, alluded to the warthog. This seems an appropriate time to rest an argument on the wise words of Flanders and Swann, to whom one should always turn in moments of stress and anxiety. It is probably before your time, Madam Deputy Speaker, but you might remember the song, “The Warthog (The Hog Beneath the Skin)”:
I’m not going to sing it—
it is not my hon. Friend the Member for Brentwood and Ongar (Alex Burghart)—
I do not want to see us almost in tears as a result of a drafting error that restricts ourselves only to CITES. It may be that CITES does not respond to what I regrettably predict will be a fall in the warthog population, if that is the only form of ivory still able to be traded legally because it cannot be covered by the requirements of clause 35. I therefore urge my friends on the Treasury Bench to consider the small deletion of the word “only” in clause 35(3).
Like my hon. Friend the Member for Richmond Park, I too am not a lawyer—a fact that I usually rejoice in—but I suggest that the deletion of clause 35(6)(b),
brings into the compass of the Bill mammoth. My hon. Friend is absolutely right. What we should be trying to endeavour to encourage across the world, not just here as a legislature, is the decommoditisation of ivory. The fact that it comes from a species that is extinct is to my mind immaterial, because one is still saying that it is fine to trade in it. My anxiety is that a perverse response, totally counter-intuitive to that which the Bill hopes to achieve, could be that the provisions expedite elephant poaching, because if the argument is that it is fine to trade in an extinct species, there could well be an impetus to drive the elephant to extinction merely to legitimise the trade in its ivory products.
New clause 2 is on the report of the international ivory market. This slightly segues into the point made by the hon. Member for—I am going to say Alyn and Deeside—
Of course, I support the amendments proposed by my right hon. Friend the Secretary of State.
My hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) and I have an affection for the narwhal, which might even be described as an obsession. I think it is probably best to keep that to ourselves—we do not need to go into the whys and wherefores. However, not only have Ministers and the Secretary of State indicated the appetite to make full use of clause 35(4), but were there ever to be a change of Government—pray God that this is at such an interval that my hon. Friend and I will probably have hung up our boots—I rather get the impression that a Labour Government would also be as keen to exercise the scope of clause 35(4), so trying to put this in the Bill in a new clause is irrelevant.
In conclusion, I recognise the enthusiasm and determination that the DEFRA team have shown on this Bill. I also put on record my thanks for what I think is the unsung work of my right hon. Friend the Member for North Shropshire (Mr Paterson) and my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom)—the current Leader of the House, if I have got her constituency wrong—who did so much work when she was the Secretary of State for Environment, Food and Rural Affairs. I also thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), because only due to circumstances beyond her control was she not able to bring to the point of delivery that which she had been involved in from the moment of conception. She should take enormous pride in the Bill, because it is something that is important for the House to do. Although there was some disagreement about pace and tempo during the Bill Committee and on Second Reading, the unanimity of view does credit to this place. Too often, it is seen through the rather narrow microcosm of Prime Minister’s questions, but when this place gets it, when it understands the need to do something, there is, I suggest, no finer example of the practice of politics. It has been a privilege and a pleasure to play a part, albeit a very small one, in bringing the Bill to this stage.
The Bill matters deeply because the illegal wildlife trade has grown rapidly in recent years. It is now estimated to be the fourth-largest international illegal trade and worth over £15 billion per year. The illegal wildlife trade drives corruption, undermines the rule of law, threatens sustainability in developing countries and has been linked to other forms of organised crime, such as arms, drugs and human trafficking. The number of elephants in the wild has declined by almost a third in the last decade, and around 20,000 a year are still being slaughtered owing to the global demand for ivory—an average of around 55 a day.
I want to focus my comments on two areas that I do not believe have been suitably progressed during the passage of the Bill. First, I will speak to new clause 1, in the name of my hon. Friend the Member for Workington (Sue Hayman), and the issue of widening the scope of “ivory” to cover species besides elephants. I recognise the amendment the Secretary of State has brought forward, about which we will no doubt hear more, and which will allow the scope of the Bill to be widened in the future, but I cannot help feeling we have missed an historic opportunity to do so here and now.
As I mentioned in Committee, there is a phrase used by medical students: “First, do no harm.” It is something that we ought to abide by in this place when passing legislation. I have a real concern, backed up by evidence, that by limiting the Bill to elephant ivory, we may have a disproportionate impact on another species, as poachers and dealers look elsewhere to feed their markets. Just as I did in Committee, I wish to speak, in particular, about the noble hippopotamus—known, of course, as the river horse—and to support my hon. Friend’s comments about the hippo.
The number of hippos in the world has crashed by 95% in the last 30 years—that is inconceivable—and that is widely acknowledged to be a knock-on effect of the increasing restrictions on the trade in elephant ivory. Since the convention on international trade in endangered species imposed the ban in 1990, 30,000 tonnes of hippo teeth have been exported from Africa. For example, a few years ago, in the Virunga national park in the Democratic Republic of the Congo, there were 29,000 hippos, but now there are just 1,300. The hippo is vulnerable and on the red list of threatened species, and there is deep concern that it is being poached and hunted for its teeth as loopholes are closed around elephant ivory.
In 2014, some 60 tonnes of hippo teeth were exported to Hong Kong from Africa and from there were sent on to European countries. If the purpose of the Bill is to close markets that are driving the trade, and given that there is clearly a strong integrated global trade in hippo teeth that has a huge effect on the species, it is vital that we take this opportunity to send out the message that we in this country do not believe that hippos should be killed or poached for their teeth and ensure that we do not, through the Bill, have a damaging impact on the hippopotamus.
I accept that the Government have tabled amendment 3 to allow them to widen the scope in the future, but I have not heard any arguments either in Committee or today that have convinced me that we cannot broaden the scope now. On the point about the conference in the autumn, if the Government were to accept our new clause today, or in the Lords, we would still hit that timetable—there would be no delay in the process. My hon. Friend the Member for Workington has clearly set out the legal position showing that the Government are on safe ground and that there would not be sufficient means for a challenge. We are missing a vital opportunity. The arguments about delays to the legislative process do not stack up. The Government should come on board and support our new clause. I sincerely hope that any delay in broadening the scope arising as a result of having to wait for secondary legislation will not have a devastating knock-on consequence for the hippo and other species.
I welcome the fact that the Government amendment does not limit the animals that may be covered in the future simply to those registered as protected in CITES. I believe that they were won over by the excellent representations that my hon. Friend the Member for Bristol East (Kerry McCarthy) made very powerfully in Committee, when she said that we should look at this through the prism not just of protecting endangered species but of our moral obligation. We ought to be driving out poaching and the hunting of animals for the use of their body parts because it is morally reprehensible, whether the animals are endangered or not. I am grateful that the Government have taken that on board.
On the question whether another Bill will be introduced, is it not the case that the Department for Environment, Food and Rural Affairs, which does not normally handle an awful lot of legislation, has so much on its plate at the moment, what with the agriculture Bill, the fisheries Bill and so many other strategies—the need to consider agriculture subsidies, for instance—that the chances are that this will get pushed to the bottom of the pile if it is not dealt with soon?
Finally, let me say something about resources. In Committee, I was shocked by the lack of resources to back up the Bill. The Border Force CITES team at Heathrow has only 10 members of staff, although it is currently dealing with more than 1,000 seizures a year. The police National Wildlife Crime Unit has only 12 members of staff, despite dealing with all forms of wildlife crime from deer poaching to thefts of birds’ eggs, and no funding has been allocated to it beyond 2020. I think it reckless and irresponsible for the Secretary of State to introduce the Bill without having secured or committed resources to ensure that it can be properly enforced. There is a danger that this important Bill will be rendered hollow and unenforceable, and I hope that the Government are working to address that and give us some funding commitments.
I hope that the Government have listened wholeheartedly to our recommendations, but I welcome the Bill. We have worked on it collaboratively and in strong partnership, and I think that there is little in it with which any Member can disagree. It is a landmark Bill, and I hope that it will have a significant impact on not only the elephant population, but many other species.
I listened carefully to the shadow Minister’s speech, and I am in complete agreement with the intention. In fact, I mentioned the advice we got from the Born Free Foundation when I spoke on Second Reading, pointing out, importantly, the reduction in numbers. The hon. Lady cited the numbers; I have seen the figure of a reduction in hippo numbers of 25%, and she is absolutely right about what would happen if we only limit one type of ivory. Hippos spend a very happy life stationary; they are sitting targets in large pools of water. They have a very nice lazy time, but they would suffer terribly. That is just one species that would be hit, as I have mentioned.
My hon. Friend the Member for Richmond Park (Zac Goldsmith) has been vocal in his interventions so far and I congratulate him on all the work he has done in recent years. On the same day as Second Reading, we wrote a joint letter to the Secretary of State, with a number of other Members, pointing out that the definition of ivory in the Bill as it stands is simply too narrow. Clause 35(1) says that
“‘ivory’ means ivory from the tusk or tooth of an elephant.”
We pointed out in our letter that we were worried about other species such as hippopotamus, narwhal, killer whale, sperm whale and walrus as well as extinct species such as mammoth, which are being literally mined in Siberia by unscrupulous dealers. We also recommended, in very much the same sentiments as the hon. Lady has expressed, that we should name these ivory species, and possibly list them on—this was my phrase—the face of the Bill. So we wrote to the Secretary of State, and I am delighted that DEFRA has looked at this. I think that is what the hon. Lady is trying to achieve with her new clause 1.
I am not particularly fussed which of the mechanisms is used, either my idea of this being on the face of the Bill—for which we have not actually tabled an amendment—or the hon. Lady’s new clause 1, the downside of which is that it states:
“Within 12 months of the coming into force…the Secretary of State must lay a draft of an instrument”.
What we heard from the Minister just now is interesting, and I think we will hear from him again shortly. Apparently, it is on the DEFRA website that what is now being proposed is that the consultation could begin immediately we get Royal Assent—it could even be on the same day. What I like about the new Government amendment 3 is that it goes much wider: we are not limited to CITES or a shortlist of species, which is what I was going to propose. Amendment 3 is better, as it is a much wider definition, and, as I understand it, it could go through faster. I have told this House on many occasions over the last 21 years that I am not a lawyer, but, as I understand it, without a formal consultation, this legislation could be prey to a legal challenge, whereas a statutory instrument, properly constituted, and after consultation and going through the human rights requirements, could probably be got through in about 12 weeks if it was pushed through. Therefore, it seems to me that we are all trying to achieve exactly the same aim, which is to seek to protect a number of other species that are not mentioned at the moment. Clause 35(1) is very narrowly drawn and is purely about elephants, and living elephants.
I am impressed by the arguments, therefore, and I hope we are going to hear from the Minister on this. He has had a go at me informally, and I appreciate his ringing me at home about this last weekend. I hope we will hear from him that the DEFRA lawyers have gone through this in some detail and that under his arrangement we will scotch any chance of a legal challenge as it will go through the human rights requirements and the consultation will be absolutely clean. What is good and clever about it is that it is so wide that it encompasses the dead animal, the mammoth, which is a big advantage. So I will be strongly supporting the Government on this. As I said, I am in total agreement with the Opposition’s intentions. I think that what I and my hon. Friend the Member for Richmond Park wrote is probably the least good proposal, and happily it has not been put down as an amendment.
I shall sit down now, because it will be much more interesting for the House to hear what the Minister has to say, but this information is on the DEFRA website, and if we could get a statutory instrument out and get started on consulting on the day of Royal Assent, that would be the most rapid method. I think we all agree that we want to give the widest possible protection to the widest number of species, and that seems to be the right route to take.
My hon. Friend the Member for Richmond Park mentioned the conference, and he was right to say that it is vital to get the Bill through in time for that. I went to the FCO a couple of days ago, and I was delighted to see the preparations for the conference. More than 70 countries have been asked so far, which is marvellous. I think we had 42 countries at the previous one. It is really important to get across how much co-operation there is between all sorts of countries that we could not possibly expect to be co-operating so closely. When I was in Moscow, the Minister there stressed how well the programmes with the Chinese Government were going on protecting the snow leopards in the Amur mountains. We got co-operation across the board at the conference, which was a unique event, and I very much hope that this autumn’s conference here will have a similar boost and a similar impact. However, we can only go to it and look people in the eye if we have got this legislation through.
I really want to hear from the Minister, but, based on what he has told me informally and from what I have seen on the DEFRA website, I will be supporting amendment 3, because it will deliver the fastest route to our aim. I think it would also be sensible for the Opposition, having listened to the debate and been convinced by the arguments, to withdraw their amendments so that we can get on to Third Reading.
We are working towards implementing stringent measures to protect and conserve populations of elephants and other endangered species for future generations. The survival of the species is the most important thing and must be realised, so the Bill must be as strong as possible. I thank members of the Bill Committee who worked together so consensually towards the same aim: protecting ivory-bearing species and populations of elephants. We have the same aims and aspirations; this debate has just been about how we reach the final outcome that we all desire. The general public are absolutely behind the Bill, and we must take our lead from their good common decency and sense. The consultation received 70,000 responses, so we must act decisively in their name.
The SNP also supports new clause 1, which would require the Secretary of State to introduce a statutory instrument within 12 months of the Bill becoming law to extend its scope to include hippos, killer whales, narwhals, sperm whales and walruses. Such action is integral to affirming the UK’s commitment to stopping the trade of all inhumanely obtained ivory.
We heard compelling evidence in Committee about the unscrupulous nature of ivory poachers. They will stop at nothing, leaving no ivory-bearing species safe. They trade in death. They undermine poor and vulnerable communities in developing parts of the world, moving from species to species to make their money. Protecting elephants is critical, but the SNP believes that the Bill does not go far enough due to the possible impact on other species and further knock-on effects. Those other species also require protection from the actions of unscrupulous individuals.
Reports indicate that hippo teeth, which are also ivory, are being auctioned in Tanzania and that demand for ivory also poses a threat to Malawi’s hippos. Hippo teeth represent a cheaper and easier option. According to the International Union for Conservation of Nature, demand for them increased after the 1989 ban on the international trade of elephant ivory. I recently read that a killer whale that was beached in Vancouver—near where some of my family live—had its teeth removed by unscrupulous ivory thieves. It was an 18-year-old killer whale called J32 that had been nicknamed “Rhapsody”. Such people will go to any lengths.
Turning to narwhals—the sea unicorns—Queen Elizabeth I spent £10,000 on a narwhal tusk, which is the equivalent of around £1.5 million today. The average price today is between £3,000 and £12,000, and narwhals are considered to be near-threatened. It is important that we support new clause 1 to ensure that poachers do not move from species to species.
The SNP also supports new clause 2, which would require the Secretary of State to lay a report before each House within 12 months of the Bill becoming law, detailing the state of international ivory markets and the steps taken by the Department for International Development to reduce demand for ivory. That is extremely important, because we are in a race against time. We will need to know that the Bill is having the desired impact—and quickly—so that we can amend or adjust the processes in place to save the species we desire to save.
The race against time means we must work, via DFID, with the communities that are most affected. We must determine, through a whole-Government approach, to tackle this trade and to ensure that we do our utmost to protect populations. Jobs and livelihoods are integral to populations affected by poaching. There must be alternatives to poaching, because we heard in Committee that people living in poverty in such areas tend to be caught up in poaching activity just to feed their families. If they have no alternative, there will be little for them to do other than to try to continue poaching unabated.
Through DFID, we must look to ensure that we leave no one behind, and that we protect jobs and livelihoods as alternatives for these communities. We must also work with rangers and conservation agents, who have a direct impact on tourism, to ensure that there are opportunities for growth and development in the countries affected.
SNP Members want the strongest Bill possible. We want to work consensually with Members on both sides of the House. We want to ensure there is a whole-Government approach and, most of all, we want to ensure that we proceed in a timely manner. The utmost goal of this legislation is not a conference at the end, but the survival of a species.
It is important that we come together to ensure that this happens for our children and grandchildren. My children visited the elephants two years ago. They still speak today about their experience of seeing baby elephants wandering. We want to ensure that that can continue and that this magnificent species continues to wander across our savannahs.
The 2015 SNP manifesto included a commitment to support further animal welfare measures with a global focus, including action to end the illegal ivory trade, so I commend new clauses 1 and 2 and the Government amendments to the House, to achieve the most stringent legislation possible.
I do not raise these points to criticise Her Majesty’s Government. Quite the contrary: I absolutely commend the Minister for his commitment to action on this, and I believe he will seize the opportunity to do the right thing, particularly as Government amendments 3 and 4 suggest that the Government are listening and want to expand the Bill’s scope through secondary legislation. That is why I will support the Government’s amendments, if anyone was to oppose them—I am encouraged to hear that they seem to have universal support across the Chamber—but I have concerns about the shadow Minister’s new clause 1, given its unnecessarily narrow focus on CITES and the species with us today. The measure could result in those who wish to do these animals harm using the loophole of simply saying, “That is mammoth ivory.” I am sure that that is not the shadow Minister’s intention, however, and I welcome her support for Government amendments 3 and 4, as they are the way of delivering the change we want.
I encourage the Minister to bring forward the consultation as soon as possible after Royal Assent, as he has indicated already. I encourage him to make that consultation as wide as possible and to include as many species as the Government need to be aware of. I hope that the Government will then act as swiftly as possible to bring secondary legislation to this place at the appropriate time.
I am delighted that the Leader of the Opposition and our shadow Front-Bench spokesperson have tabled new clause 2. I know that it has been brought forward with the notion of trying to gain cross-party support, however, because I do not think it goes far enough at all.
A year ago, when I had the fortune to meet Angolan MPs, I raised this issue with them. It is a case in point that while legislation to ban ivory was passed in 2016, those MPs had no idea that they had passed the legislation. When legislators do not know that they have passed legislation, we know we are starting off with a bit of a problem.
In 2018, poaching in Angola is as virulent as it was prior to the legislation. The rate of poaching has simply continued. Action has been taken and poachers have been prosecuted in cases involving considerable amounts of ivory, but by the time they are caught, the elephant is unfortunately dead. The elephant population is, of course, declining. Figures from National Geographic suggest that before the civil war, in around 1975, there were 200,000 elephants in Angola, but there may be just 2,000 left. According to more accurate figures from the general elephant census, which was conducted in partnership with Elephants Without Borders, there were some 70,000 elephants in southern Angola before the war but there are now around 3,400. That is a colossal cull of this wonderful animal over 40 years. I stress that the issue affects many animals, but in the short time I have, I wish to concentrate on elephants.
According to Elephants Without Borders, in 2015, for every 10 live elephants that the census recorded, it found four carcases. That is incredible. Fifty-five elephants are being killed every day and the population is down by 111,000 in the past decade. The way in which they are killed paints a picture of what this cruel industry is about, how it operates and how poachers act with impunity. They use AK47s, and it requires many AK47 rounds to bring an animal down. We have all seen the horrific pictures of elephants that have not been killed, but are alive and suffering while their horns are hacked off. It is truly appalling.
The great elephant census did not just cover Angola. Between 2009 and 2016—just seven years—Tanzania has seen an elephant population decline of 60%, almost all of which is due to poaching. In the same seven-year period, Mozambique has seen a 48% fall in its elephant population. The National Academy of Sciences has said that 100,000 elephants were killed between 2010 and 2012. These statistics paint a picture of incredible carnage and an incredible reduction in elephant numbers. I, for one, am sad. We must take firmer action.
Elephants Without Borders has suggested that not only legislation is required. We must take protective action. The two must go hand in hand, but the legislation must be tough, and new clause 2 does not go far enough. We must do more. I welcome the fact that DFID staff are out in Kenya, providing some support for the protection of elephants. Perhaps that is the beginning of a future in which we protect the animals on this planet, along with the biology of the environment that we need to sustain the planet from which we draw life.
We need legislation, but we also need active protection. Legislating in this place simply does not go far enough; it is time for international laws and international action. It is time for the United Nations to step up and begin to put in place a framework that protects our planet and these animals. It is time that we not only pass legislation, but take direct action on protected areas. Instead of just providing armed forces for humanitarian purposes, it is about time that we and the United Nations provided forces for environmental purposes. The time has come for us, both as legislators and those active in the field, to take this issue seriously.
I finish by congratulating the British Army on what it is doing out in Kenya, but we need more of it. I support new clause 2 as a beginning, but it is the beginning of a long road, because a lot more needs to be done.
If one were to look at the number of elephants, one would be truly horrified. There were something like 1.2 million in 1980. Today, from the figures that I saw, there are a little over 400,000. Over 38 years, we have seen a two-thirds reduction in the number of wild elephants, so the species is undoubtedly in danger.
As a consequence, one can see why the Government have come up with this legislation. Initially, it was a very narrowly focused Bill, essentially designed to stop the trade in ivory with respect to elephants and the killing of elephants by poachers. One can understand exactly what the narrow scope of this legislation was. It was right for the people who have been campaigning on this issue to suggest that the narrow focus on elephants should be widened. Obviously, ivory comes from a range of sources. People have talked about mammoths and the teeth of hippopotamuses. It was inevitable that the legislation as drafted would be perhaps attacked or scrutinised on the basis that the focus was too narrow. I fully understand that.
What has happened in the past couple of days is that the Front-Bench team has listened to the debates and to the various representations. I saw on Twitter—I do not use Twitter very much, by the way—that the Environment Secretary has suggested that the next phase should be a much wider consultation than that proposed in new clause 1 by Opposition Front Benchers. That must be the right approach because, under the new clause, as Members have mentioned, mammoths are not included. We know that the way people claim that bits of ivory come from mammoths hides a multitude of sins and a great deal of criminality. That is another issue that is often overlooked in this debate—it has been mentioned once or twice.
The communities in which elephant poaching takes place, and the people who are driving this trade, are often linked with organised crime and with other very unsavoury elements in the countries of Africa in which the elephant and ivory are found. This has been going on for decades. One need only read accounts from Stanley in the 19th century to see how poachers—mass murderers, my hon. Friend the Member for North East Hampshire (Mr Jayawardena) suggested—have been perpetrating these crimes for decades. It has to stop. The reason that this is an interesting and important piece of legislation is that it marks, I think, the first time, or one of the first times, that a western country—or certainly an advanced economic country—has taken this issue very seriously.
As we go forward, after the international conference at the beginning of October, we will have to be even more focused and even more rigorous in our approach to the ivory trade. As people have observed, just banning the ivory trade with respect to the elephant will not be good enough. We have to take a holistic approach. We cannot simply say that ivory from the elephant should be banned and not legislate for other animals and other sources of ivory. The broader approach is obviously the best one, but legislation is difficult in any broad approach. We have to get the right terms and the right drafting. I am not sure that new clause 1 is necessarily the best way of trying to address this problem, which is why I will vote against it if it is pressed to a Division. I think that Government amendments 3 and 4 are a bit broader and more flexible. As we have discovered today, there have been later announcements suggesting that a broader approach—even broader than that proposed in new clause 1—is for the best.
It is a real credit to this House that something as sensitive as this Bill has brought forward a wide, courteous and informed debate. It is a real honour to be able to participate in the passage of this legislation.
The first issue is that of cyber-security. This is an important matter, as has been acknowledged. Much illegal trading is done over the internet. In Committee, we discussed the need for proper measures to deal with that and heard about the difficulties in tracing that. Does the Minister have anything to say on that? If we are to make this legislation effective, it is important that we deal with the issue of cyber-security and cyber-trade.
The second issue is that of enforcement, which we also discussed in Committee. When taking evidence, we heard from Inspector Lou Hubble—head of the UK National Wildlife Crime Unit—who spoke particularly about cyber-security. She saw the need for additional resources to deal with the cyber-trade in ivory. Goods that are often presented not as ivory, but as bovine bone or other sources are really difficult to track down. I wonder whether the Minister has anything to say about that.
Let me turn to new clause 1. It seems that we all agree that we need to extend the legislation to include other sources of ivory. We are all concerned that, if we ban elephant ivory and strengthen the measures against that, we may displace the trade and find that other species are affected. That is why I am keen, as are other colleagues, that we broaden the description of ivory in the Bill. I heard the Minister saying that an announcement had been made on this, and it is good to see that there is change and movement in this area—we all agree that that is important—but I still support new clause 1. Will the Government consider going that bit further and supporting the new clause?
New clause 2, which is also in the name of my hon. Friend the Member for Workington (Sue Hayman), calls for a report on the ivory trade in 12 months’ time. It is important that we have a mechanism for reviewing how the Bill is operating in practice within a period of a year, so that we can ensure that it is doing what we want it to do: reduce the slaughter of endangered species and other species covered by the Bill. It is also important that we ensure we can take steps to strengthen the legislation in the future if that is necessary, so I support new clause 2.
I do not support new clause 1 because I think the Government have proposed a better way of doing this. I say that for two reasons. They have been covered already but bear repeating. The first is the fact that the Government amendment goes further. New clause 1 deals only with CITES-listed species. The hon. Member for Blaydon (Liz Twist) rightly raised a concern that we all have—I raised it on Second Reading—about species displacement, for want of a better phrase. The new clause, if anything, makes that more likely because it does not cover species that are not on the CITES list, such as the warthog. We need to ensure that we can go further. There is much more freedom in the Government’s approach, which is to add species whether they are endangered or not and whether they are extant or extinct. Their amendment will also cover the mammoth, which, as we have heard, is being mined, and closes a loophole whereby mammoth ivory can be passed off as elephant ivory. It is a much better way of doing this because it goes further.
Secondly, the Government’s amendment goes faster because we can deal with the matter by secondary legislation. I entirely understand what the Opposition are trying to do through new clause 1, but the big, overriding problem is the procedural one. If a challenge is raised to the primary legislation on the human rights ground, we may run into difficulty on the whole Act, and that would be a great shame. I have thought very hard about this. As a lawyer, I am naturally of the mind that I do not like legislation that is rushed through, because rushed laws are often bad laws. I would instinctively prefer that we took more time and got it right. In this case, however, there is very much a need to move quickly, given that the conference is coming up, and given all the heartbreaking stories that we have heard today and throughout the Bill’s passage, including during the evidence session.
It is very important that we make it clear that the ivory trade is no longer acceptable. It is also very important that we make it clear that Britain is a world leader on this. We have heard about the great work that is being done by the Army—I pay tribute to that—and through DFID. We can look at doing a lot more to expand that work. I very much welcome that.
For those reasons, we need to get this Bill on to the statute book as soon as possible, despite the fact that that goes against my natural instinct whereby I prefer to slow things down and take more time to make sure that there is not a hiccup further along the line. I am sensitive to the concern about everything being pushed into the long grass and the further expansion never happening, but I am very encouraged by today’s announcement by the Secretary of State that he will now be consulting on this. It seems to me that the Government have approached this in entirely the right way.
I have had a number of concerns about the Bill as it has gone through. Constituents have raised concerns with regard to the antique trade and those have been answered. I am grateful to the Minister for doing so, in full, and at relatively short notice. I had some concerns about the definitions aspect of clause 35. The Government’s amendments deal with those concerns because they mean that we do not have to worry about a particular species once the secondary legislation has been brought in to expand the species list further.
We can now move forward quickly with legislation that sets a positive, leading path for Britain as a nation. I wholeheartedly welcome that. I thank the Government very much for listening to all of us who have expressed concerns and for answering those concerns. I very much welcome the Bill and the Government’s amendments to it.
I want to start by raising a question that I asked the Minister in Committee, but which he might answer differently today. We had a detailed discussion about musical instruments and the rule that if less than 20% of an antique musical instrument is ivory, it can be sold. We heard from the Musicians Union that many retired musicians sell their instrument collection because it is not an industry in which people have a pension. I raised the issue of guitar picks made from mammoth ivory. The Minister quite rightly pointed out that they would be exempt because they are made from mammoth ivory. However, with amendment 3, there is a potential for mammoth ivory to be covered by the Bill. That changes the status of those guitar picks. I wonder whether the Minister will give a new response to that question today.
However, that is not the substantive part of my speech. I am in favour of the new clauses tabled by my right hon. Friend the Member for Islington North (Jeremy Corbyn), and in particular new clause 1. I will restrict my comments to the protection of other horned animals, and in particular the monodon monoceros, more commonly known as the narwhal, as I did in Committee. I do not have time to go into depth on the hippo, killer whale, sperm whale, walrus or warthog.
After returning home from the Committee, on which I served for three days, I was asked at the dinner table by my children what I had done that week in Parliament, and I said, “Have you heard of the narwhal?” My 10-year-old son immediately broke into song. Following the example of the hon. Member for North Dorset (Simon Hoare), I will allow Members to hear the narwhal song:
“Narwhals, narwhals, swimming in the ocean
Causing a commotion coz they are so awesome”.
It goes on:
“Like an underwater unicorn
They’ve got a kick-ass facial horn
They’re the Jedi of the sea.”
Who could disagree with that?
If Members were not aware of the narwhal, I am sure they are now fully clued up and join every 10-year-old in the land who has impeccable knowledge of the narwhal. That knowledge is not new, however. Narwhals were known as sea unicorns for many centuries before exploration of the Arctic, and their tusks were one of the most valuable commodities in pre-industrial revolution Britain. Queen Elizabeth I is said to have spent £10,000—equivalent to £1.5 million today—on a narwhal tusk, which was placed with the Crown jewels.
Although narwhal horns are no longer so valuable, they are valued at between £3,000 and £12,000, and a double tusk can fetch as much as £25,000. The International Union for Conservation of Nature considers narwhal hunting still to be a major issue. In Canada and Greenland, narwhal hunting is still permitted, and between 2007 and 2011 an average of 979 narwhals were hunted a year. The Inuit as a native tribe have hunted narwhal for centuries, using them as a source of both food and income. In addition to the global trade in tusks and teeth, a Whale and Dolphin Conservation Society study found that shops in Japan were selling ground narwhal tusk as a tonic to treat fever. Shop counter prices for that medicine varied from $540 to $929 for 100 grams. Numerous reports have been produced, and there is an evidence base from non-governmental organisations.
CITES, which we have heard much about today, says that the main threats to the narwhal are hunting and climate change. The majority of narwhals live in and around Greenland’s territorial waters. Export of narwhal products was banned in Greenland in 2006, but narwhal products are legally traded within Greenland. Only subsistence hunting should take place. CITES says that there is a significant trade in narwhal tusks and parts, but not sufficient data to track it. The Whale and Dolphin Conservation Society is concerned that the hunting of narwhal has already become unsustainable. Narwhals have been over-harvested in Canada and Greenland. The society said:
“The annual hunting in western Greenland...significantly exceeded the quotas recommended by those scientific bodies of regional and international organisations charged with narwhal management.”
Laws in Greenland are being broken. Surely we should align our laws with theirs.
I am not sure whether the Minister is aware that the Inuit people are permitted to sell narwhal derivatives, including the horn, within the European Union. On one Canadian website, I could have ordered a narwhal tusk from my desk here in Parliament for around $70 an inch that could be legally sent to the European Union. There are restrictions on what can be imported without permits and penalties for contravening import rules. I thank the Minister for his letter in which he outlined the restrictions on imports from Greenland, which I deem sufficient, but he does not mention Canada, where restrictions are not so tight. I want to repeat what I asked him in Committee: will he clarify his views on narwhal horn trade from Canada?
As I have said, narwhals are also affected by climate change. While I understand the need for haste with elephants, narwhals face more than one threat, so it is important to include narwhals in the scope of the Bill, rather than for this to be covered under clause 35. Why wait when action can be taken in the Bill today?
It is important to get the Bill through without the threat of judicial review or—I am not a lawyer—any other kind of legal challenge. We must aim for the wildlife conference in October, and it is absolutely critical that we enable the Bill to be passed before then. At the wildlife conference, which is designed to protect the elephant, I hope, as a former Minister for Asia, that we will cover Indian elephants, because we tend to concentrate more on Africa than elsewhere. I saw a programme the other day about what is happening to elephants because of logging: there is no use for them, and they are therefore abused, killed or whatever. I hope that the wildlife conference, rather than just discussing the issue of elephants being killed for their ivory, also looks more holistically at the role of an elephant in such communities and at how we can better support them.
As I say, I have come to this quite late, but I believe there are still outstanding issues. I am sure those issues will be addressed in tremendous detail in the other place, not least the subject of compensation for some collectors, the measures on antiques and the proposals put forward by the antiques trade, which I think need to be looked at again, as well as the charges to exemption certificates. I am sure such points have been well articulated in Committee, and I have absolutely no doubt that they will be looked at more closely again in the other place; the point of the other place is to look at such issues in great detail.
I believe the principle of what the Government are seeking with the Bill is absolutely right. It is one of those rare occasions when the House is unified on something that will have huge popularity well beyond the Chamber.
On Second Reading, I was heartened to hear the support from all parties for the Bill. I thank all the Committee members for their important contributions on this issue and for the suggestions on how we can refine the Bill. Progress has been swift, and it is crucial that we continue that pace of progress on the Bill, as has been set out in numerous speeches.
I would like to give a warm welcome back to the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey). As always, the Department will benefit from her keen intellect and boundless energy in moving forward with so many important initiatives, of which this Bill is not the least. It is good that she is in her place on the Front Bench today.
We have not really discussed the intention of Government amendments 1 and 2, which seek to provide a definition of a pre-1918 portrait miniature for the purpose of the exemption in clause 6. The amendments adds a size restriction to the definition so that portraits with a 320 sq cm surface area qualify for exemption. That is the maximum area of the visible surface of the ivory “canvas”, irrespective of the size of the frame. In Committee, Emma Rutherford, a representative of Philip Mould & Company, who is an expert on portrait miniatures gave evidence on how the exemption for portrait miniatures could be refined to add a size limit. The Government listened to that expert evidence and to views expressed in Committee and have introduced proposals that set maximum dimensions for portrait miniatures. We have discussed this, but we have chosen to exempt portrait miniatures because the value of these popular items is due not to their ivory content but to their historical importance, the delicate painting and their luminosity.
Let me now move on to important subjects that have been discussed at length today. We should focus our attention on Government amendments 3 and 4 and discuss matters raised in debate. I shall then come on to discuss new clause 1. As has been said, amendments 3 and 4 will extend the power to make secondary legislation so that the definition of ivory could include that from any ivory-bearing species.
The hon. Member for Workington (Sue Hayman), in a characteristically considered contribution, asked whether the focus on elephants was initially an oversight. Non-governmental organisations, particularly during the evidence session, underlined the need to focus on elephants as an urgent priority. There was no oversight—there was a clear focus to start with—but that is not to say that we should not move on and look at other species.
We have heard passionate speeches expressing concerns about other species, from the hon. Member for Redcar (Anna Turley) about hippos, and from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). I do not think anyone will forget the speech by the hon. Member for Leeds North West (Alex Sobel), and his legendary narwhal song. We will have to find the words and start humming them in the bath, or something.
As my right hon. Friend the Secretary of State made clear on Second Reading, it is important that, as a result of this ban, the trade in ivory does not move to other species. That is why we included a power in clause 35(3) to allow other ivory-bearing species listed under CITES to be brought into the scope of the ban.
We have listened carefully to the views put forward by expert witnesses in Committee and by Members on both sides of the House, and we have made it clear that we should not wait for ivory species to become endangered before we can take action. The amendments will therefore allow us to prohibit dealings in ivory from CITES species, as is currently the case under the existing drafting of clause 35 and, additionally, any other ivory-bearing animal or species, including those that are endangered—for example, warthogs, my favourite animal.
I would like to thank my hon. Friend the Member for North Dorset (Simon Hoare), of warthog fame, and my hon. Friend the Member for Mid Derbyshire (Mrs Latham)—we will not forget her contributions in Committee on mammoths—for their determined commitment to these species. The Government are clear that we should work together for the Bill to move swiftly through Parliament and that we should not allow the Bill to be derailed. Quick passage is important as in October the Government are hosting the fourth illegal wildlife trade conference, referred to by Members on both sides of the House, at which we will bring together global leaders on this issue. The conference will build on previous efforts, address the underlying systemic issues that facilitate the illegal wildlife trade and demonstrate a step-change in the fight against this criminal trade. Our aim is to make significant progress with the Bill before the conference.
As referenced on the Department for Environment, Food and Rural Affairs website, the Government are clear that introducing protections for other ivory-bearing species is important. That is why we announced today our intention to consult on proposals to extend the ban to other ivory-bearing species on or as soon as practicable after Royal Assent.
The Government want to ensure that if in future we decide to extend the scope of the ban, any legislation which applies to ivory-bearing animals or species is robust, proportionate, defensible, enforceable and, importantly, compliant with the European convention on human rights. We will therefore ensure that we gather and analyse evidence on the market for ivory from the other species. We therefore think that it is vital to consult on any proposals and gather views and evidence from stakeholders and the public. That would support an analysis that will focus on the impact of the measures—
We have already talked about new clause 1, but let me just add further weight to the arguments around it. It is clear that this new clause will place the Secretary of State under a duty to lay an instrument under the affirmative procedure within 12 months of clause 35 coming into force. It would extend the prohibition on dealing elephant ivory to ivory from CITES-listed species, so it does not go as far as the approach that the Government have set out.
As I said, the Government intend to consult on the extension of the ban and to conduct analysis of the impact that this may have on individuals and business. The new clause, however, presupposes or prejudges the outcome of that important work and would remove the opportunity for the public to provide evidence. It would oblige the Government to extend the prohibition to CITES species, even if the evidence does not support it. For some or all of the species listed in the new clause, that could mean that the regulations may not be compliant with the European convention on human rights and could be challenged on that basis. Given that explanation, I very much hope that in her concluding remarks the hon. Member for Workington will consider withdrawing her new clause.
During the debate, a number of other issues have been raised and I will turn briefly to some of them. The hon. Member for Redcar (Anna Turley) has made points about resources and cyber-security. I assure her that this is obviously a key area of focus and priority for the Government. The National Wildlife Crime Unit and Border Force do a fantastic job and we are committed to making sure that they have the resources to take this work forward. Of course, the Office for Product Safety and Standards, the regulator, will have additional resources, and working together with the enforcement agencies, will ensure that the ban is enforceable and is done so well.
The hon. Member for Leeds North West (Alex Sobel) made the point about plectrums. If they are made of mammoth and assuming that the ban extends to mammoths, they would be prohibited, but clearly, they can still be used. They can be passed on and bequeathed; they just cannot be sold commercially. He makes an excellent point about narwhals. We have exchanged correspondence and we encourage other nations to take such commitments seriously. I will gladly meet him separately to talk about Canada.
The hon. Member for Workington talked about the need for a report. We talked about this in Committee at great length. I understand why she wants a report, but the Government do not believe it to be their job to produce one, because other organisations can do so more independently, and of course there would be a cost involved as well. I therefore ask her not to press her new clause 2. With that, I thank hon. Members for their contributions on Report.
I take issue with what some hon. Members have said about Government amendments 3 and 4 meaning that new clause 1 is not required. Our new clause would amend clause 35(1), whereas the Government amendments amend subsections (2) and (3), so they are not mutually exclusive. If we are to make the Bill as strong as it can be today and achieve as much as we can, I see no reason why the House cannot support both new clause 1 and the Government amendments. We would then today have the strongest Bill possible. I am a little disappointed, therefore, that the Government do not want to support the new clause.
Having made those comments, I strongly welcome the Minister’s commitment to seek to start a consultation process on widening the scope of the ban to other species if the House does not support the new clause today. The Opposition have pushed strongly for this right from the beginning, and I welcome the fact that he has listened to us. On the issue the hon. Member for Witney (Robert Courts) raised, I talked about the consultation in Committee, and I must again draw Members’ attention to the fact that I am an associate of the Consultation Institute. I have taken further advice from the institute, and it has reiterated that the consultation could be carried out both swiftly and efficiently as a supplementary consultation without giving rise to any issues of legal challenge. It is happy to support the Government in achieving a very solid consultation. None of us in the House wants to see any legal challenges to the Bill. If the Minister would like me to put him in touch with the institute—if he thinks that would help—I would be more than happy to do so. With that, I ask the House to support new clause 1.
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
Brought up,
Question put, That the clause be added to the Bill.
Amendments made: 1, page 5, line 4, after “miniature” insert
Amendment 2, page 5, line 5, at end insert—
Amendments made: 3, page 21, line 1, at end insert
Amendment 4, page 21, line 2, leave out subsection (3).—(David Rutley.)
Third Reading
Queen’s consent signified.
What a pleasure it is to move the Third Reading motion for this important Bill. It is a simple but vital piece of legislation with a clear purpose: to help save one of the world’s most magnificent animals, the elephant, from the brink of extinction at the hands of ruthless ivory poachers. The ban on the sale of elephant ivory items of all ages, with only limited exemptions, will be the strongest in Europe and among the strongest in the world. The introduction of the Bill has reaffirmed the UK’s global leadership on this critical issue, and reflects our commitment to making the abhorrent trade in ivory a thing of the past. By seeking to ensure that ivory is never seen by the poachers as a commodity for financial gain or by potential customers as a status symbol, we will protect elephants for future generations.
The Bill has been improved today by amendments made on Report that took account of the evidence put forward by expert witnesses in Committee. This is my first time taking a Bill through the House as a Minister, and I am grateful for the positive way in which Members have engaged with it as it has progressed; I hope that that spirit will continue. We can all be rightly proud of the Bill. Let me take this opportunity to thank all the non-governmental organisations, the museums, the antiques sector and the enforcement bodies for their contributions and written evidence taken and received in Committee evidence sessions.
Let me return now to some remarks that I had previously wanted to get through, which is that we have had good debates on clause 35 both in Committee and on Report. The widening of the power to extend the definition of ivory to include that from non-CITES species will be important, for example, if the prohibition in elephant ivory increases pressure on other ivory-bearing species and continues to fuel demand, or if the continued trade in other forms of ivory provides cover for the illegal trade of elephant ivory. This could well include ivory from the unfairly maligned warthog and the extinct mammoths. This will come as some relief to my hon. Friend the Member for North Dorset (Simon Hoare), who is no longer in his place, and to my hon. Friend the Member for Mid Derbyshire (Mrs Latham). The widening of the power will also include other endangered species that Members have mentioned with such concern, including hippos, narwhals, walruses, killer whales and sperm whales. As I said on Report, the Government are committed to action.
We have today announced that we intend to consult on extending the ban to include other ivory species, and we will seek to start the consultation process and to gather evidence on, or as soon as practicable after, Royal Assent. This process will ensure that if we do extend the scope of the ban, it will be robust, defensible, enforceable, and compliant with the European convention on human rights.
Let me conclude by thanking once again and paying tribute to the Secretary of State for his determination to introduce this Bill. I have also mentioned the important work that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey) has done in taking this Bill forward, ahead of its introduction in this House. It is also important to recognise the contributions from my hon. Friend the Member for Richmond Park (Zac Goldsmith) and from my right hon. Friend the Member for North Shropshire (Mr Paterson) who set out his long-held ambitions to take this work forward. I also wish to pay particular tribute to those members of the Bill Committee who sat through various evidence sessions and made very important contributions during the Committee stage, including the hon. Member for Workington (Sue Hayman). She made some characteristically thoughtful and considered contributions, even though we did not quite agree on some of the procedural matters. We are grateful for that constructive approach not just from Members of this House, but from representatives from conservation non-governmental organisations, from the musicians sector, from the arts and antiques sector, from the enforcement agencies and from others. I also wish to extend my thanks to our wonderful and hardworking Bill team, our private offices, our Parliamentary Private Secretaries, and the Whips who, like warthogs, can get overlooked at times. I also wish to thank the Clerks and other parliamentary staff for their sterling work and support on this issue.
It has been a real honour to take the Bill from Second Reading through to today, particularly knowing that there has been such strong support from all parties across the House. I wish the Bill safe and speedy passage through its remaining stages in the other place.
It is good that there is clear, widespread, cross-party recognition that this comprehensive ban on the sale of ivory is needed. I thank the Bill Committee Clerk, Gail Poulton, for her tireless work with Members, for supporting me and my team and for her expert guidance. I also thank all members of the Committee from both sides of the House, including the Minister, for participation in a good-natured and thorough debate throughout. In particular, I thank my hon. Friends the Members for Bristol West (Thangam Debbonaire) and for Plymouth, Sutton and Devonport (Luke Pollard), and my hon. Friend the Member for Redcar (Anna Turley), who is no longer in her place, but was wearing a marvellous elephant dress earlier. I thought I was doing well wearing ivory-coloured clothes, but there we are. I also thank my hon. Friends the Members for Bristol East (Kerry McCarthy) and for Blaydon (Liz Twist), and my hon. Friend the Member for Leeds North West (Alex Sobel) for his introductions to Obi-Wan narwhal. I thank all those hon. Friends for their support, time and dedication over the last few weeks. I also thank all the different organisations that have given us their time and expertise.
I would go as far as to say that there has been agreement in principle from all parties in the House for the premise behind the vast majority of the Labour amendments in Committee. All we were doing was seeking to increase transparency, remove conflicts of interest and clarify the definitions in the Bill. I will just highlight a few key concerns that came up in Committee.
We discussed an annual register of items exempted for having artistic, cultural or historical value. This was strongly supported by conservation groups during the Committee’s evidence hearing, and it would ensure public confidence in the ivory ban and that any exemptions applied were fair. Despite not supporting our amendment, the Minister provided an assurance in Committee that steps would be taken to ensure the utmost transparency and public confidence. In time, it would be interesting to have more detail on those assurances. We also asked for assurances regarding the potential abuse of replacement certificates, as the Bill currently includes no limit on those. Again, it would be interesting to hear from the Minister more about how any potential abuse could be eliminated.
The Committee heard that the National Wildlife Crime Unit has only 12 members of staff to cover its whole area of operations, right across the UK, and that this number includes administrative staff as well as enforcement officers. This level was a cause for concern in Committee, given the expanded responsibilities of the unit under the Bill. The Minister mentioned the potential for this being dealt with in the autumn statement—I think that is actually the Budget now, but it moves so often—so we would be grateful if the Minister acknowledged that these concerns exist so that they can then be addressed at that point.
The Committee also heard how the internet plays a central role in the sale of ivory products. I would be grateful if the Minister outlined plans for proactively policing and monitoring this online activity and mentioned what kind of resources would be needed.
This Bill is a welcome step forward for the future of global elephant populations. I look forward to working with colleagues right across the House to ensure that we continue to do everything in our power to stamp out the global ivory trade and preserve these iconic animal species for generations to come.
I detected a slight bit of grandstanding about who should take credit for this Bill—I understand all that. The hon. Member for Workington (Sue Hayman) shared with the House the details of the terrible attack on Bella the rhino, and I absolutely understood the point that she was making. For my part, I could not care less who gets credit for the Bill; I am just delighted that it is happening. I think that the credit goes to all the women and men who have not just come to the party now, but have been campaigning on this issue year in, year out. They are the ones who should be congratulated.
I know that I am speaking in the House at the moment, where we sit opposite one another, but may I congratulate my Government, particularly the Secretary of State, for at long last dealing with this issue and achieving something? The hon. Member for Workington tabled amendments to the Bill, but, having worked it out, I think that following the consultation we can deal with the whole process within a year, which is quicker than would be the case under the Opposition’s approach. Our Australian neighbours, who are not in the World cup, are following our lead on this matter, and the Government’s plan to launch the Ivory Alliance 2024 will share our position further with other countries throughout the world. This is a great day for Parliament and a great day for the animal kingdom.
I am extremely proud to be able to speak today and commend the work that has taken place. I particularly thank the Minister for his careful consideration of these matters in Committee and today. He has worked very consensually. I also thank the shadow Minister for working very well. Across the House, we have all aimed to strengthen the Bill as much as possible to make sure that it has the maximum impact, because its impact is what is important and what we are aiming for. I would still like some assurances about funding for the National Wildlife Crime Unit, because we must make sure that the legislation is enforceable in the UK, and about how colleagues in DFID will work with the communities that will be affected.
I pay tribute to the environmental and animal welfare agencies and groups that have been so involved in this for so long: the International Fund for Animal Welfare, Tusk, Stop Ivory and the Born Free Foundation, to mention just a few.
People think that we spend our time in the House debating the same issues repeatedly, going round and round in circles—often quite literally—but the very best work is undertaken in cross-party form with significant cross-party agreement. This Bill is a perfect example of Parliament acting consensually in the interests of all people. I am proud to have played a part and to represent the SNP on this historic matter.
At a reception at the Foreign and Commonwealth Office the other day, I watched a very sad film about Sudan, the last male white rhino, who, very sadly, died in March. There are two females left, but it looks as though they are going to die out. I do not want to attend a reception where we mourn the loss of the last elephant, so we must do all we can to protect them.
It is crucial to elephants that this Bill ushers in a vital change to bring us into line with other developed economies around the world that have already introduced their own bans. For too long, we have been overshadowed by the USA, China, France and some of the other biggest global ivory trade markets, which have already introduced comprehensive bans. I am pleased that we will now be part of that positive movement, because we have been absent for far too long.
I am delighted that the Bill will introduce a total ban on the sale of ivory, including, most importantly, antique ivory, because the antique ivory market in the UK is surprisingly large. Some so-called antique ivory is faked—it is aged and stained to look antique. We cannot allow that to happen, and that is why I am delighted that this Bill will be passed.
What is more, we must push for a global ban. In the aftermath of the Chinese ban, Ginette Hemley, the senior vice-president of the World Wildlife Fund, said:
“This ban alone won’t end the poaching of elephants. It’s equally critical that China’s neighbors follow suit and shut down ivory markets across Asia.”
So let us in the UK lead the way with this Bill, and let other European countries follow us. I am very pleased with the Bill and I support it.
In the interests of time, let me cut to the crux of the matter: those awful, dangerous people who horrifically murder 20,000 or so elephants every year and are out of control. They will now see action being taken, with Britain playing its role as a leader in the world. We must act, and I am pleased that we are acting, because history will judge us on the action we take to protect these animals today and in the months ahead.
As we have heard, it is not only elephants that are endangered, so I was reassured by the Minister’s confirmation that the Government intend to go further and to carry out a consultation. I know that Members on both sides of the House are grateful for that confirmation and will welcome an extension to species alive and extinct. We will watch the Government closely to ensure that that happens as soon as possible.
We are beginning to win this argument—and we must win it. There must no longer be any excuses for these murderers. There is so much money at stake, and they must not be allowed to sidestep our laws through little loopholes here and there and claim that their elephant ivory is from somewhere else. I thank all Ministers involved for taking this swift, smart action. I commend the people in my constituency who have said that they want this action and Members on both sides of the House who have called for it. Animals deserve the Bill. I am pleased that we are getting on and delivering it.
Question put and agreed to.
Bill accordingly read the Third time and passed.
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