Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 12 June 2018

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 8 and NC1 to NC4

 

Ivory Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Resolution of the Programming Sub-Committee.

 

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 11 June (Standing Order 83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 12

 

June) meet—

 

(a)  

at 1.30 pm on Tuesday 12 June; 

 

(b)  

at 11.30 am and 2.00 pm on Thursday 14 June;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 19 June;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 21 June;

 

(2)  

the Committee shall hear oral evidence on Tuesday 12 June in accordance

 

with the following Table:


 
 

Public Bill Committee: 12 June 2018                     

2

 

Ivory Bill, continued

 
 

TABLE

 

Time

Witness

 
 

Until no later than 10.25 am

World Wildlife Fund; Born

 
  

Free; International Fund for

 
  

Animal Welfare

 
 

Until no later than 11.25 am

Stop Ivory; Tusk Trust

 
 

Until no later than 2.15 pm

National Wildlife Crime Unit;

 
  

CITES Border Force team,

 
  

Heathrow

 
 

Until no later than 3.00 pm

British Art Market Federation;

 
  

British Antique Dealers’

 
  

Association; Philip Mould &

 
  

Company; Music Industries

 
  

Association; Musicians’ Union

 
 

Until no later than 3.45 pm

British Museum; Victoria and

 
  

Albert Museum

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 13; Schedule 1; Clauses 14 to 19; Schedule 2;

 

Clauses 20 to 42; new Clauses; new Schedules; remaining proceedings on the

 

Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 21 June.

 

David Rutley has given notice of his intention to move a motion in the terms of the

 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

David Rutley

 

To move, That subject to the discretion of the Chair, any written evidence received by

 

the Committee shall be reported to the House for publication.

 


 

David Rutley

 

To move, That at this and any subsequent meeting at which oral evidence is to be heard,

 

the Committee shall sit in private until the witnesses are admitted.

 



 
 

Public Bill Committee: 12 June 2018                     

3

 

Ivory Bill, continued

 
 

Sue Hayman

 

1

 

Parliamentary Star    

Clause  3,  page  2,  line  29,  leave out “a person” and insert “An owner of an item

 

when”

 

Member’s explanatory statement

 

This amendment would clarify that only the owner of an item can apply for an exemption.

 

Sue Hayman

 

2

 

Parliamentary Star    

Clause  3,  page  3,  line  5,  at end insert—

 

“(2A)    

Where an application it referred to a prescribed institution, the institution must

 

notify the Secretary of State of any intention that the institution may have to

 

purchase or hire the item.”

 

Member’s explanatory statement

 

This amendment requires a prescribed institution to declare any interest that it may have in

 

acquiring the item, in order to make the Secretary of State aware of any conflicts of interest.

 

Sue Hayman

 

3

 

Parliamentary Star    

Clause  3,  page  3,  line  13,  at end insert “, and

 

(d)    

notify the Secretary of State of any interests, whether commercial,

 

pecuniary, or personal, that the assessor may hold in respect of—

 

(i)    

the person applying for an exemption certificate, and

 

(ii)    

any person known to by the assessor to be seeking to buy or hire

 

the item.

 

(3A)    

If the Secretary of State believes that any interests declared under subsection

 

(3)(d) create a conflict of interest, the Secretary of State may deem the assessor

 

to not be nominated by the prescribed institution, and shall notify the institution

 

accordingly.”

 

Member’s explanatory statement

 

This amendment requires the assessor to make a declaration of their interests, and grants a power

 

to the Secretary of State to deem an assessor to not have been nominated if the Secretary of State

 

believes there to be a conflict of interest.

 


 

Sue Hayman

 

4

 

Parliamentary Star    

Clause  4,  page  4,  line  8,  at end insert—

 

“(5A)    

Subject to subsection (5B), the Secretary of State may not issue a replacement

 

certificate in respect of an item if a replacement certificate has previously been

 

issued in respect of the same item.

 

(5B)    

Subsection (5A) does not apply where—

 

(a)    

an exemption certificate has been applied for under section 3, and issued,

 

in respect of the item since the last instance of a replacement certificate

 

being issued,

 

(b)    

the owner of the item has changed since the last instance of a replacement

 

certificate being issued, or

 

(c)    

it seems to the Secretary of State that there are extraneous circumstances

 

that warrant issuing a further replacement certificate.”

 

Member’s explanatory statement

 

This amendment creates a limit of one replacement certificate being issued for an item. After one


 
 

Public Bill Committee: 12 June 2018                     

4

 

Ivory Bill, continued

 
 

certificate is issued, a further replacement certificate can only be issued if a new certificate is

 

applied for under section 3, or if the owner of the item changes, or if there are extraneous

 

circumstances that warrant issuing a replacement certificate.

 


 

Sue Hayman

 

5

 

Parliamentary Star    

Clause  6,  page  5,  line  6,  at end insert—

 

“(1A)    

In this section, “portrait miniature” means a portable portrait that is—

 

(a)    

of no more than 204mm in height,

 

(b)    

of no more than 153mm in width, and

 

(c)    

made by painting on to a sheet of ivory no more than 5mm thick.”

 

Member’s explanatory statement

 

This amendment defines a ‘portrait miniature’ for the purpose of the exemption.

 


 

Sue Hayman

 

6

 

Parliamentary Star    

Clause  9,  page  5,  line  31,  leave out from “that” to end of line 33

 

Member’s explanatory statement

 

This amendment would only permit acquisitions by qualifying museums to be exempt if the item is

 

also registered under section 10, in all circumstances.

 


 

Sue Hayman

 

7

 

Parliamentary Star    

Clause  10,  page  6,  line  34,  at end insert—

 

“(1A)    

In the case an exemption under section 7 or 8, an item only satisfies the relevant

 

exemption conditions if the volume of ivory in the item relative to the total

 

volume of the material of which the item is made has been calculated in

 

accordance with a method provided in guidance by the Secretary of State.”

 

Member’s explanatory statement

 

This amendment requires a person registered an pre-1947 item with less than 10% ivory content,

 

or a pre-1975 musical instrument with less than 20% ivory content, to calculate the ivory content

 

according to a method set by the Secretary of State in guidance.

 



 
 

Public Bill Committee: 12 June 2018                     

5

 

Ivory Bill, continued

 
 

Sue Hayman

 

8

 

Parliamentary Star    

Clause  35,  page  20,  line  40,  leave out “elephant” and insert “elephant, killer whale,

 

narwhal, sperm whale, or walrus.”

 

Member’s explanatory statement

 

This amendment would include in the definition of ivory all the ivory-bearing species listed in an

 

Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and

 

Flora (CITES).

 


 

Sue Hayman

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Reporting requirements: Exemption certificates

 

(1)    

As soon as reasonably practicable after the end of each calendar year, the

 

Secretary of State must—

 

(a)    

prepare a report on applications for exemption certificates that have been

 

granted during that year, and—

 

(i)    

lay a copy of that report before Parliament, and

 

(ii)    

publish the report.

 

(2)    

Subsection (1) does not apply in relation to a year if section 3 of this Act has not

 

been in force at any time in that year.

 

(3)    

A report prepared under this section must include the following in respect of each

 

exemption certificate granted—

 

(a)    

the description or descriptions provided in accordance with section

 

3(1)(b) by the person that applied for the exemption certificate,

 

(b)    

the photograph or photographs provided in accordance with section

 

3(1)(c) by the person that applied for the exemption certificate,

 

(c)    

when the certificate was granted, and

 

(d)    

any other information that the Secretary of State considers appropriate.”

 

Member’s explanatory statement

 

This new clause requires an annual report to be published with details and pictures of all items

 

that are granted an exemption certificate under section 3.

 


 

Sue Hayman

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“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.


 
 

Public Bill Committee: 12 June 2018                     

6

 

Ivory Bill, continued

 
 

(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, and

 

(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.”

 

Member’s explanatory statement

 

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.

 


 

Sue Hayman

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Assessment of enforcement resources

 

(1)    

Within 12 months of section 12 of this Act coming into force, the Secretary of

 

State must make an assessment on the resources available to enforce the

 

prohibition.

 

(2)    

The report shall consider in particular—

 

(a)    

the resources allocated or planned to be allocated towards enforcing the

 

prohibition,

 

(b)    

the potential impact of any change in resources so allocated or planned to

 

be allocated, and

 

(c)    

the impact on other law or border enforcement activities of the resources

 

so allocated or planned to be allocated.

 

(3)    

The Secretary of State shall lay a report of the assessment under this section

 

before each House of Parliament as soon as practicable after its completion.”

 

Member’s explanatory statement

 

This new clause requires an assessment to be made and laid before Parliament regarding the level

 

of resources allocated or proposed to be allocated to enforcing the prohibition against ivory

 

dealing.

 


 

Sue Hayman

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Record of item provenance

 

(1)    

The Secretary of State shall make arrangements for persons—

 

(a)    

applying for an exemption certificate under section 3, or

 

(b)    

registering an item under section 10


 
 

Public Bill Committee: 12 June 2018                     

7

 

Ivory Bill, continued

 
 

    

to be able to associate the item to which the application or registration relates with

 

previous registrations or previously issued exemption certificates.

 

(2)    

Where an exemption certificate is issued in respect of an item, or where an item

 

has been previously registered, and the Secretary of State is satisfied that the item

 

has previously been registered or had exemption certificates issued in respect of

 

it, the exemption certificate or registration shall record all previous exemption

 

certificates issued or registrations made in respect of that item, including the dates

 

on which any certificates were issued or registrations made.”

 

Member’s explanatory statement

 

This new clause allows for exemption certificates or registrations to record all previous exemption

 

certificates or registrations issued for that item, in order to establish a record of each item’s

 

ownership and provenance.

 

 

Order of the House [4 June 2018]

 

That the following provisions shall apply to the Ivory Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 21 June 2018.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 


 

 

Revised 12 June 2018