Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 19 June 2018

 

Public Bill Committee Proceedings

 

Ivory Bill


 

[Fifth and Sixth Sittings]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn after debate  9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.”


 
 

Public Bill Committee Proceedings: 19 June 2018            

2

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Negatived on division  10

 

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

 

Clause Agreed to.

 

Clause 13 Agreed to.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Not called  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.”

 

Schedule Agreed to.

 

Clauses 14 to 19 Agreed to.

 

Schedule 2 Agreed to.

 

Clauses 18 to 34 Agreed to.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn after debate  11

 

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

 

elephant, killer whale, narwhal, sperm whale, or walrus.”

 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Negatived on division  12

 

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

 

Clause Agreed to.

 

Clauses 36 to 42 Agreed to.

 



 
 

Public Bill Committee Proceedings: 19 June 2018            

3

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Negatived on division  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.”

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn after debate  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

 

(ii)    

mitigating any negative impact of the provisions of this Act on

 

nations or communities that generate an income from ivory.”

 



 
 

Public Bill Committee Proceedings: 19 June 2018            

4

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Negatived on division  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.”

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Not called  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.”

 



 
 

Public Bill Committee Proceedings: 19 June 2018            

5

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn after debate  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.

 

(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.”

 

Bill to be reported.

 


 

 

Revised 19 June 2018