Session 2017-19
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1

 

House of Commons

 
 

Tuesday 19 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

 

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withdrawn amendments at the end.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

 

9

 

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

 

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


 
 

Public Bill Committee: 19 June 2018                     

2

 

Ivory Bill, continued

 
 

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

 

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

 

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).

 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

12

 

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.

 



 
 

Public Bill Committee: 19 June 2018                     

3

 

Ivory Bill, continued

 
 

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.

 

(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


 
 

Public Bill Committee: 19 June 2018                     

4

 

Ivory Bill, continued

 
 

(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.

 


 

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


 
 

Public Bill Committee: 19 June 2018                     

5

 

Ivory Bill, continued

 
 

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

 

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,

 

(c)    

provide such information as the Secretary of State considers may assist

 

the internet service provider in complying with any requirement imposed

 

by the notice,

 

(d)    

provide such further particulars as the Secretary of State considers

 

appropriate.

 

(3)    

The notice may specify the time by which the internet service provider must have

 

complied with any requirement imposed by the notice.

 

(4)    

The notice may be varied or revoked by a further notice under subsection (1).

 

(5)    

It is the duty of an internet service provider to comply with any requirement

 

imposed on it by a notice under subsection (1).

 

(6)    

That duty is enforceable in civil proceedings by the Secretary of State—

 

(a)    

for an injunction,

 

(b)    

for specific performance of a statutory duty under section 45 of the Court

 

of Session Act 1988, or

 

(c)    

for any other appropriate relief or remedy.


 
 

Public Bill Committee: 19 June 2018                     

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Ivory Bill, continued

 
 

(7)    

In this section “the offending material”, in relation to a non-complying person,

 

means the material which the Secretary of State considers is being made available

 

in order to—

 

(a)    

breach the prohibition,

 

(b)    

cause the prohibition to be breached, or

 

(c)    

facilitate a breach of the prohibition.”

 

Member’s explanatory statement

 

This new clause ensures that ISPs may be requested by the Secretary of State to block access to

 

online material that facilitates a breach of the prohibition, and that the Secretary of State may

 

obtain court orders to ensure that ISPs comply with such a request.

 

 

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.

 

 

Order of the Committee [12 June 2018]

 

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: 19 June 2018                     

7

 

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.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 13 June 2018:

 

8

 


 

 

Revised 18 June 2018