Not necessarily, my Lords.
For this reason, the criteria of the de minimis exemption include a point about the ivory needing to be integral to the item. To avoid a potential loophole being created, it is necessary that the definition of “integral” is sufficiently strict. I recognise my noble friend Lord De Mauley’s points in regard to certain items that this may affect, but we believe that the risk of the exemption being exploited by criminals to sell what should be illegal ivory items is too great.
I am not sure whether I should now refer to the noble Lord, Lord Inglewood, as my noble friend or as the noble Lord, but, whatever he is, he is my noble friend. Taken together, his amendments would remove the requirement to register pre-1947 items with less than 10% ivory by volume. We want a robust yet proportionate compliance process. I want to explain how we have ensured this in the Bill and why the Government do not feel it right to accept the amendment. I have already made clear the intention of this ivory ban and why we have decided to include narrow and targeted exemptions. These will facilitate a limited ongoing trade and allow owners of exempt ivory objects, and those involved in their sale, to continue ongoing commercial activities in ivory. It is, however, crucial that such activities are limited to objects that are unlikely to contribute to the poaching of elephants and that these exemptions are not exploited by those wishing to deal in illegal elephant ivory products.
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As a result, a compliance process is essential for all exemptions. The Government consider that an online self-registration system represents the most proportionate means of ensuring compliance with this Bill. It places a small administrative responsibility and financial cost on the seller—the person who will benefit financially
from the exemption. This is indeed a small cost when considering the critical objectives this compliance process will help us to achieve. Requiring objects to be registered as exempt prior to their sale or hire will encourage people to engage with the new measures and to think carefully about whether their item meets the particular category of exemption.
Registration will also allow the ongoing commercial activity to be monitored over time, which I believe is important and is not currently possible. It will also significantly aid identification of breaches of the ban compared to current rules, as enforcement officers will be able to use material submitted to the online system to help determine whether an item meets the exemption category and whether it has been registered using false information. Failure to register an item and registering false information under the registration system would be an offence in each case. Registration will also facilitate the ongoing dealing in exempt items and will provide support to legitimate buyers and sellers. It will enable sellers to demonstrate that their items meet the relevant exemption and will reassure potential purchasers that they are acting in accordance with the ban.
My noble friend suggested that de minimis items should not be subject to registration. As I have explained, I believe that there are benefits for those enforcing the ban and for those wishing to comply with it. It is critical that all exempt items are subject to registration. To allow one exemption not to be subject to registration would undermine the ban and, most critically, could allow that exemption to be exploited by those wishing to sell illegal ivory objects. This is the problem with the current system and is exactly why we need to put a more robust restriction in place.
I recognise that my noble friends have raised the issue that a high volume of items will need to be registered and that some of these will fall into similar categories, such as inlaid furniture. It is important to say that we are working with stakeholders to develop the system so we can make sure it meets the needs of all users. The registration system will be designed to account for this. Each registration certificate will provide an identification code and will require other information such as photographs and descriptions to identify the exempt item. Furthermore, by registering each item before a sale is made, we can make transparent the ongoing dealing in exempt items, demonstrate the legality of such commercial activity and better identify illegal dealing.
Although I will ask my noble friend Lord Cormack to withdraw his amendment, I hope I have taken the opportunity to outline why we are strongly of the view that it is in the interests of everyone that all exemptions should be registered. It gives probity to the seller and buyer and makes our position much safer. Indeed, it is in the interests of those who, through the exemptions, are able to continue commercial activity.
I think it is appropriate now that I ask my noble friend Lord Cormack to withdraw his amendment.