Session 2017-19
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1

 

House of Commons

 
 

Thursday 14 June 2018

 

Public Bill Committee Proceedings

 

Ivory Bill


 

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Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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

 

 

First and Second Sittings

 

David Rutley

 

Agreed to

 

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 Proceedings: 14 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

 

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.

 

Agreed to

 

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.

 

Agreed to

 


 

Third and Fourth Sittings

 

Clause 1 Agreed to.

 

Clause 2 Agreed to.


 
 

Public Bill Committee Proceedings: 14 June 2018            

3

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn  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

 

Withdrawn  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.

 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Not called  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.

 

Clause Agreed to.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn  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—


 
 

Public Bill Committee Proceedings: 14 June 2018            

4

 

Ivory Bill, continued

 
 

(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.

 

Clause Agreed to.

 

Clause 5 Agreed to.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn  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.

 

Clause Agreed to.

 

Clause 7 Agreed to.

 

Clause 8 Agreed to.

 


 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn  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.

 

Clause Agreed to.

 



 
 

Public Bill Committee Proceedings: 14 June 2018            

5

 

Ivory Bill, continued

 
 

Sue Hayman

 

Luke Pollard

 

Thangam Debbonaire

 

Withdrawn  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.

 

Clause Agreed to.

 

Clause 11 Agreed to.


 

 

Revised 14 June 2018