I will speak on the amendments in this group. They are amendments to Clauses 6 and 10 regarding other exemptions to the ban on ivory sales and can be categorised as reducing the criteria and extending the number of ivory items that would escape the ban. We do not agree with these amendments.
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I remind noble Lords, from the Second Reading debate on the Bill, that both the Conservative Party manifesto in 2015 and our Labour manifesto in 2017 included a ban on ivory sales. In last year’s consultation, with more than 71,000 respondents, 88% supported a ban, 50% were against an exemption for musical instruments and 47% were against the de minimis or low-ivory-content dispensation. These are considerable numbers.
Against this background, the Government have listened to those who have argued coherently against the almost blanket ban on ivory sales. The Minister spoke well in response to the amendment earlier in group four proposing to extend exemptions to pre-1918 items of outstanding artistic, cultural and historical value. We agree. Clear definitions, implemented by the relevant expertise, are needed. The ivory ban is intended to curtail trade in both licit and illicit items. We think the Government have got the balance right in defining further exemptions to restrict the trade.
As regards Amendment 17, it might be helpful to remind the noble Lord, Lord Cormack, that the Government added the category of portrait miniatures to the list of exemptions in Committee in the other place. Emma Rutherford, the representative of Philip Mould and 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. She said:
“The suggestion of 6 inches by 8 inches … is very sensible. … Six inches by 8 inches will cover 90% or 95% of portrait miniatures”.—[Official Report, Commons, Ivory Bill Committee, 12/6/18; col. 45.]
Perhaps I may ask the Minister when he replies to translate that into centimetres for me. The Government have listened to that expert evidence and to other views expressed in drafting Clause 6.
It is also worth reiterating that Clause 7, the de minimis exemption, recognises that items with very low ivory content, such as inlaid furniture or a dish or a teapot with a small ivory handle, are not valued on the basis of their ivory content. Furthermore, in such pieces, the ivory is incidental and integral to the item.
It cannot be easily removed, so it is not vulnerable to recarving. The 10% de minimis threshold is supported by the key non-governmental organisations, including the World Wildlife Fund, the Tusk Trust and International Fund for Animal Welfare, which recognise it as a tough and commensurate measure.
Needless to say, registration is necessary for enforcement. The proposed system places a small administrative responsibility and a small financial cost on the seller, who in turn will gain from an exemption to the ban on dealing in ivory. Crucially, by registering an item through this system, the applicant will be confirming that, to the best of their knowledge, all information provided is correct and that the item therefore meets the exemption.
The APHA, the regulator, and the police will have access to the registration system to enable them to carry out any enforcement and monitoring action necessary. The APHA will also carry out spot checks on items registered to check for accuracy and compliance. This is also a very key and necessary part of the regulations.
Amendments 20, 29 and 32 would remove the requirement to register pre-1947 items with de minimis content. As I have already expressed, I contend that this would unnecessarily extend the exemption and potentially greatly increase the volume of ivory on sale. If the item is valued, it should be registered.