Ivory Bill – in a Public Bill Committee at 2:30 pm on 14 June 2018.
I beg to move amendment 6, in clause 9, page 5, line 31, leave out from “that” to end of line 33.
This amendment would only permit acquisitions by qualifying museums to be exempt if the item is also registered under section 10, in all circumstances.
We tabled the amendment because we felt that clause 9(2)(a), which relates to acquisitions by qualifying museums, was also covered under clause 10 in all circumstances. The issue is whether paragraph (a) is strictly necessary. Surely all ivory items will be registered under clause 10, if they are held by a qualifying museum. I am just trying to join up clauses 9 and 10 logically, but I may have missed the reason why the provision is in the Bill. We would like clarification of what otherwise seems to be unnecessary confusion. Will the Minister enlighten us?
I thank the hon. Lady for her careful consideration of the issue. I understand her desire to ensure tight control over exemptions. The intention of the clause is to provide for an exemption to the prohibition on dealings in ivory to and between qualifying museums. There is a strong argument for allowing the exemption on the grounds of national and international cultural exchange of heritage.
There is some doubt as to whether the amendment would achieve its stated intention. Were it to be accepted, the effect would be for qualifying museums to have to register items of ivory in every circumstance and to deal only in items meeting one of the other exemptions. The amendment would in effect remove the museum exemption. That is neither our intention, nor what we have set out publicly.
We should bear in mind that a qualifying museum is one accredited by either the Arts Council England, the Welsh Government, Museums Galleries Scotland or the Northern Ireland Museums Council. For museums elsewhere, they must be a member organisation of the International Council of Museums. Accreditation by those bodies requires adherence to high standards of governance and financial management and, as we heard in evidence, high ethical standards.
To require registration by qualifying museums in all circumstances would undermine the reasons for providing qualifying museums with an exemption and be a disproportionate burden, particularly as we do not believe the exemption is likely to contribute to continuing poaching of elephants. We intend, however, that a person seeking to sell an item to an accredited museum will be required to register it. The purchasing museum will be required to confirm its purchase.
With that explanation, I ask the hon. Lady to withdraw her amendment.
I am not entirely sure what kinds of items are covered. Surely any exempted item is covered by clause 10. I am trying to understand what items we are considering.
I understand the hon. Lady’s point. We are trying to be very narrow in our approach. An example that might be useful—it certainly helped me to understand this case—is a museum that wanted to have a household object for a display on social history. The item has direct relevance to a period of time in a social history exhibition, so it would not qualify under the other exemptions we have discussed, if it is more modern, but it would still be directly relevant to the museum’s exhibition.
I thank the Minister for that extremely helpful explanation. Basically, he is talking about items that would not come under the exemptions because they are not the rarest and most sought after, but are important items in the context of an exhibition. That would be allowed to take place only within the confines of a museum; it could not take place universally.
Let me give another example to make it come alive a bit more. We heard from the Victoria and Albert Museum that a post-1918 item made wholly of ivory, such as an art deco item, which would not be exempt elsewhere, might be relevant for a particular display, in terms of culture and heritage. Of course, that would have to take place in line with the museum’s very strict acquisition processes.
Without seeking to become an expert in how museums acquire these things, I think that it was clear from our evidence session that they have very strict approaches, which would still be in place. This is a discreet exemption for museums because they are held to higher standards. They are regulated in a different way, and are subject to restrictions that do not apply to other holders and owners of ivory. We need to make sure that there are regulation processes outwith museums, but museums are required to work at very high standards.
Because there might be some items that sit outwith the exemptions we have broadly agreed upon, we want to continue to have the exemption for museums. There is a danger that the wording of the amendment would nullify the museums category. I hope that the hon. Lady will see that it would be wise to withdraw the amendment. We can discuss the matter more outside the Committee if that is required.
I thank the Minister for that explanation. We are all aware that this is a complex Bill, and the exemptions are even more complex. It is important that we get this right and that there is a proper understanding of the purpose of each clause. I fully understand that explanation, so I beg to ask leave to withdraw the amendment.