Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 14 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: 9 to 13 and NC5

 

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withdrawn amendments at the end.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 Order of the Committee [12 June 2018].

 

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

1

 

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

 

Luke Pollard

 

Thangam Debbonaire

 

2

 

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.


 
 

Public Bill Committee: 14 June 2018                     

2

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

3

 

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

 

Luke Pollard

 

Thangam Debbonaire

 

4

 

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

 

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.

 



 
 

Public Bill Committee: 14 June 2018                     

3

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

5

 

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

 

Luke Pollard

 

Thangam Debbonaire

 

6

 

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

 

Luke Pollard

 

Thangam Debbonaire

 

7

 

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: 14 June 2018                     

4

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

9

 

Parliamentary Star    

Clause  12,  page  7,  line  40,  at end insert—

 

“(1A)    

For the purposes of subsection (1), a person facilitates a breach of the prohibition

 

if he or she, whilst not directly engaged in the process of a sale, acts in such a way

 

as to allow that sale, or other form of dealing, to occur.”

 

Member’s explanatory statement

 

This amendment defines ‘facilitate’, which is not defined in the Bill, using the text from the

 

Explanatory Notes to the Bill.

 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

10

 

Parliamentary Star    

Clause  12,  page  8,  line  1,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment would make the offences under section 12 strict liability offences. The defence of

 

having taken all reasonable precautions and exercised all due diligence would remain, but the

 

burden of proof would be shifted to the person on proving this, rather than on prosecutors proving

 

the person knew the item was ivory.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

13

 

Parliamentary Star    

Schedule  1,  page  31,  line  22,  at end insert—

 

“(d)    

the circumstances in which the Secretary of State would consider

 

criminal sanctions more appropriate than civil sanctions.”

 

Member’s explanatory statement

 

This amendment requires the Secretary of State’s guidance under paragraph 21 to state in what

 

circumstances criminal sanctions are considered more appropriate than civil sanctions.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

11

 

Parliamentary Star    

Clause  35,  page  20,  line  40,  leave out “an elephant” and insert “a hippopotamus,

 

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).


 
 

Public Bill Committee: 14 June 2018                     

5

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

12

 

Parliamentary Star    

Clause  35,  page  21,  line  3,  leave out from “subsection” to the end of line 5

 

Member’s explanatory statement

 

This amendment would allow the Secretary of State to make regulations in the future that would

 

include any ivory species, even if not listed in an appendix to CITES.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

NC1

 

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

 

Luke Pollard

 

Thangam Debbonaire

 

NC2

 

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.


 
 

Public Bill Committee: 14 June 2018                     

6

 

Ivory Bill, continued

 
 

(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, 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

 

Luke Pollard

 

Thangam Debbonaire

 

NC3

 

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.

 



 
 

Public Bill Committee: 14 June 2018                     

7

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

NC4

 

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

 

    

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.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“Power to require service providers to block access to material that facilitates

 

a breach of the prohibition

 

(1)    

Where a person (“the non-complying person”) is making material available on the

 

internet to persons in the United Kingdom in order to—

 

(a)    

breach the prohibition,

 

(b)    

cause the prohibition to be breached, or

 

(c)    

facilitate a breach of the prohibition,

 

    

the Secretary of State may give a notice under this subsection to any internet

 

service provider.

 

(2)    

The notice must—

 

(a)    

identify the non-complying person in such manner as the Secretary of

 

State considers appropriate,

 

(b)    

require the internet service provider—

 

(i)    

to take steps specified in the notice, or

 

(ii)    

(if no such steps are specified) to put in place arrangements that

 

appear to the provider to be appropriate,

 

    

so as to prevent persons in the United Kingdom from being able to access

 

the offending material using the service it provides,


 
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Revised 14 June 2018