UK Parliament / Open data

Ivory Bill

Proceeding contribution from Baroness Hayman of Ullock (Labour) in the House of Commons on Wednesday, 4 July 2018. It occurred during Debate on bills on Ivory Bill.

As the right hon. Gentleman will see, I shall be doing just that later in my speech. That is a very important point, and we do support the Bill.

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 in order 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.

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We cannot wait until those other species are in danger or until the problem has been displaced before taking action. We have the opportunity to take action today. Does the Minister agree that leaving out those species in the first place was an oversight, and does he recognise that other species, particularly the hippo, are at risk of being poached as an alternative to elephant ivory?

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.

About this proceeding contribution

Reference

644 cc360-1 

Session

2017-19

Chamber / Committee

House of Commons chamber

Legislation

Ivory Bill 2017-19
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