Amendment proposed: 7, in 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.’

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.

With this it will be convenient to discuss the following:

Clause stand part.

New clause 4—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.’

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.

The purpose of clause 10 is to provide the compliance regime that must be followed by the owner of an ivory item prior to carrying out a dealing that falls under any of the exemptions provided for in clauses 6 to 9. The subsections set out the registration process to be carried out on a Government website, although alternative telephone and postal methods will be provided for those who are unable to use an online system.

To register an item as exempt, the owner or a person acting on behalf of the owner must provide: their name and address; a description and a photograph of the item, including any distinguishing features; and a declaration that the item satisfies the conditions of one of the exemptions for musical instruments, de minimis items, portrait miniatures, and objects that an accredited museum has confirmed its intention to purchase or hire.

Subsection (1)(a) refers to the registering of the owner’s name and address. With regard to the personal safety and security of the owner—because we know that there are some fanatics out there who will go to any lengths—and protection from theft and burglary, will the Minister confirm my understanding that names and addresses on the register are not available to the public? Can he also confirm whether it would be covered by the Freedom of Information Act?

I assure my hon. Friend that the individuals’ names will not be publicly available. This is purely to enable the registration process to move forward, and for the regulator and enforcement agencies to have sight of who registered the item. That information will not be made available.

I am pleased to hear that confirmed. What the Minister proposes is the right approach. The freedom of information request could be a thieves’ “Yellow Pages”, even if the information were to be redacted in some way. I appreciate that this is a legal question and I am not necessarily expecting an answer now, but during the course of the debate, could the Minister confirm whether, as far as the Secretary of State is concerned, that register is FOI-able? That might be helpful.

Once again, with forensic skill and deep analysis of what is going on, my hon. Friend makes another important point about freedom of information and its potential dangers for individuals. I reassure him that freedom of information protects private information, so he does not need to worry about that issue.

The register will be maintained by the Secretary of State in his public capacity, not his personal or private capacity. I do not want to dance on the head of a pin, but can the Minister confirm that while it is a state-held register, held by the Secretary of State, it is absolutely not FOI-able?

My hon. Friend raises quite a technical point. If he does not mind, I will write to him to provide that detail.

I am most grateful.

Returning to the clause, registration will require an explanation of any planned commercial activity for the item. We recognise that there might be occasions when an item is registered for non-commercial reasons, such as to satisfy insurance requirements. Subsection (1)(f) provides for the Secretary of State to specify, in guidance, any other areas of information that must be provided.

Subsection (1)(g) allows the Secretary of State to issue regulations that will prescribe a fee payable by those registering an item for commercial dealing, such as sale. The fee will be in line with the Government’s principle of cost recovery, as we talked about earlier, to reflect the cost of establishing the registration scheme, including the new IT system.

We also intend the registration scheme to apply to those who wish to import into the UK items bought abroad that meet one of the categories of exemption. Again, we have talked about some of those, such as the musical instrument exemption. By registering the item, the owner will confirm that, to their understanding, the item qualifies under the relevant exemption. This registration must take place prior to the dealing of that item. The system will be administered by the Animal and Plant Health Agency.

In submitting the required information to register an item, the owner will in effect be making a declaration that the item is as they have described. Subject to the requirements of the registration process being fulfilled, confirmation of the registration of the ivory item will be issued, which will permit the owner to engage in dealing with that specific item. Should it transpire, as a result of either a check of the system by the Secretary of State or compliance and enforcement activity by the regulator or police, that the information does not match the item in question, the owner may be liable to prosecution.

I thank the hon. Member for Workington for tabling new clause 4. I think we all agree that we need to make the process as transparent and open as possible. As we discussed in relation to new clause 1, the Government intend to publish the number of exemption certificates issued. I appreciate the intention behind the new clause, which is that the Government should be able to build up a clear picture of the movement of items exempted under clause 2 as they are bought and sold, and of items registered for exemption under clause 10. I should clarify that an exemption certificate will be associated not with a person, but with the relevant item—we touched on that earlier in the debate. A registration, on the other hand, will be valid for only one commercial dealing resulting in a change of ownership—that is, a sale. Once an item has changed hands, the registration expires.

We need to ensure the right to privacy of owners and sellers, in line with the Data Protection Act 2018. We therefore doubt whether it would be permissible to list a current or previous owner’s name on either exemption certificates or registration certificates, as they might be displayed publicly by the seller, or by someone acting on behalf of the seller. In the case of exemption certificates, they will also be required to be passed on to the purchaser.

We are looking at the possibility of publishing data annually on the types of items exempted under each category—for instance, how many pianos are registered under the musical instruments category. Again, the publication of any further detail will have to be considered in line with the Data Protection Act, in order to ensure the right to privacy of owners and sellers. We talked about some of these tensions in the earlier debate.

In addition, law enforcement agencies and the regulatory authority will have access to the database for registration, so they will be aware if previous applications have been made in respect of an exemption certificate under clause 3 or a registration under clause 10.

In amendment 7 we are looking at an item that has been exempted under clause 7 or clause 8. The item would then only satisfy 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.”

The amendment requires anyone registering a

“pre-1947 item with less than 10% ivory…or a pre-1975 musical instrument with less than 20%”,

to calculate the ivory to a set, prescribed methodology.

We looked at tabling this amendment following the oral evidence we took on Tuesday from the Chairman of the British Art Market Federation. I asked a question about volume and measurement and how that would work, and his concern was that there could be discrepancies in the way that volume was measured. There was a clear appreciation of the fact that measuring by volume is the right way to move forward; it is much more practical than measuring by weight. If we are going to measure by volume, it would be helpful to have a clear and consistent method of calculation so that nobody accidentally falls into criminality because they use a system of measurement that is not recognised by the Secretary of State. We just seek to provide clarity to the music and art world, and to museums, that, “This is the prescribed method, and we expect you to use this system if you are to get your certification.”

I thank the hon. Lady for the amendment, but I believe that it would add an unnecessary and disproportionate requirement to the registration process. The clause establishes the compliance regime that must be followed by the owner of an ivory item who wishes to deal in that item under any one of the exemptions. The registration process already requires a description of the item and a photograph to confirm the distinguishing features. From responses to the consultation, we understand that the majority of commonly played and traded musical instruments and accessories, such as pianos and violin bows, are less than 20% ivory. We also believe from the evidence we have received that it is reasonably easy to assess with the naked eye whether an item is 10% or less ivory by volume. Indeed, we believe that it is easier to assess against a 10% threshold than, for instance, a 30% threshold.

Anyone who registers an ivory item will have confirmed to the best of their knowledge that the item in question meets the relevant category of exemption, and will have submitted information or evidence about it—photographs, for example. Spot checks will be carried out on registered items by enforcement and compliance officers to confirm that they are exempt from our ban. If an item is being used commercially, regulators or the police may check to confirm that it is registered and compliant, and may take appropriate action if necessary. Given that explanation, I ask the hon. Lady to withdraw her amendment.

In the US, President Obama introduced a ruling similar to the one we seek to make. The United States Grammy organisation, which has a role similar to that of the British Phonographic Industry in the UK, has published useful guidelines. The US Fish and Wildlife Service supports musicians with looking at the ivory content of their instruments, because there is a similar 10% de minimis rule in the US. The guidelines mention bagpipes, which I am sure my hon. Friend the Member for Blaydon is interested in, and keyboards. There is also a 200-gram limit. Bagpipes, keyboards and pianos are the sorts of items for which there is difficulty working out whether they meet the criteria. Will the Minister look at that good practice in the US?

I thank the hon. Gentleman. He is clearly seeking to find ways to assist with getting judgments right in what can be quite difficult circumstances. I think it is fair to say that, from the evidence we heard and certainly from the submissions to the consultation, the enforcement agencies believe that this is a proportionate approach, and that it would be much more difficult if gram weight, for example, were used. The volume basis is a much better way to move things forward.

It is difficult to specify a method that fits all items well. The hon. Gentleman is obviously more of an expert on the US system than I am—I cannot even pronounce the name of the agency he referred to. It was refreshing and encouraging to hear in evidence that the 20% threshold will work for the vast majority of musical instruments, and that the enforcement agencies feel comfortable that that is a way to take the process forward—notwithstanding the unique issues with Northumbrian pipes, which we will talk about separately.

I thank the Minister for pre-empting my comment. Northumbrian pipes are very distinct from bagpipes—they are a very specific regional variation. The question of estimating the volume of ivory is important and the amendment seeks to address how that can be calculated.

I rise to speak to new clause 4. I want to express my concern about resources. What we heard in evidence this week gave me serious cause for concern. I was shocked that the CITES Border Force team at Heathrow has only 10 people and that the National Wildlife Crime Unit has only 12 people, given the existing scale of the problem, which I think was 1,000 seizures per year. They will have an awful lot of work to do when the Bill is in force.

This is not the place to make political points, but resources are critical to the Bill’s success and we all know the pressures there have been on police budgets in the current climate. It is therefore imperative that the relevant bodies have the resources they need to enforce this law, for it to have any value whatsoever.

New clause 4 would establish a record of any item’s provenance. Items to be exempted are, as we know, the most rare and most important of their kind. When such important items are sold, whether privately, individually or through an auction house for museums or galleries, their provenance would tend to move with them so that the purchaser has confidence that the item is genuine and knows who bought it before and where it has been stored or exhibited.

The idea is for the Secretary of State to make arrangements so that persons applying for an exemption certificate under clause 3 or registering an item under clause 10 could associate the item to which the application or registration relates with previous registrations or exemption certificates. Where an exemption certificate has previously been issued in respect of an item or an item has been previously registered and the Secretary of State is satisfied that that is the case, the exemption certificate would also record previous exemption certificates issued and registrations made in respect of that item. In particular, it would include relevant dates so that any certification or registration follows the item. The Minister has made it clear that registration is for the item, not the individual, so it makes sense for the history to move with the item as it goes through any future registrations or exemptions.

On Second Reading, the Secretary of State stressed the importance of ensuring that an item’s provenance can be guaranteed, and that is what the new clause tries to achieve. It would provide security for future owners, who would have full details of an item’s history in this area, as is normal for many items sold or within the art world. It would also helpfully flag up any replacement certification. It may also be helpful in trying to counteract any fraudulent behaviour regarding multiple replacement certificates. If those previous certifications followed the item, it would be very clear if there was a particular item for which a number of replacement certificates were being requested. I ask the Minister to consider the value the new clause could bring to future owners of the items we are talking about.

There are a few items. We are going in a slightly different order, but we are going with it, in the spirit of the Bill. We are getting through it and I appreciate the co-operation.

We have to be nimble.

We are. We are fleet of foot, that is for sure. Some of the questions are quite interesting.

As we are talking about lots of different issues at this point, I want to go back to the comments from the hon. Member for Leeds North West, to bring it together. The musicians sector has said that it is broadly happy with the 20% exemption. Particularly for pianos, the vast majority are definitely going to fall within that exemption, so that will be fine. The US has a different arrangement, but our enforcement bodies were very clear that they did not want a weight measure. It just made it more difficult. Just so we are all clear, the US body is called the US Fish and Wildlife Service—I thank my officials for that.

A very good point was raised about resources. Obviously, public finances are always under scrutiny and we need to make sure that they are being best used. The National Wildlife Crime Unit is jointly funded by the Home Office and DEFRA and will be funded up to 2020, and there are ongoing conversations about that. Future funding decisions about such bodies will be for the Home Office, and the Home Secretary has said he is working on those matters. We should also not forget that we have the regulator involved.

The US Fish and Wildlife Service’s Office of Law Enforcement is similar to our National Wildlife Crime Unit. I discovered that it has eight regional offices and a national office, and 383 staff to undertake the same work as our 12 staff in the National Wildlife Crime Unit. Obviously the US is a much bigger country with a population of 300 million, but the resources are way in excess of those available to us to do this role. We should look at the stark difference between us and the US.

We will seek to learn lessons from them. We are getting a regulator and a new system in place here. It was very clear that the witness who we had in front of us from the National Wildlife Crime Unit was a very committed individual. We need to figure out how we can best move this forward. In the spirit of this free-flowing Committee, let us get on with it. We will learn as we go a bit here. I am sure there will be further challenges and further learning as we move things further forward.

On new clause 4, as I said in my speech, we do not believe that there is any need for further information on provenance regarding the registration process, as clause 10(1)(b) requires a description of the item and its distinguishing features, which will include details on its provenance and age. That is available in the registration process.

It is extremely important, given the evidence that we heard from the National Wildlife Crime Unit, that resourcing follows the Bill. I would like reassurances from the Minister in that regard. We heard clear evidence that its current shelf life, so to speak, is only to 2020—it is only resourced up until 2020. It is extremely important for long-term planning that that is extended. That is quite timeous, actually, because it is not only about long-term planning, but also holding on to staff with great expertise in the field. The last thing that any of us working together on the Bill would want is not to be able to enforce its provisions.

The hon. Lady makes an important point. Obviously, the resources will be important. We know that they are in place until 2020. We also know that we are making an important statement with this Bill in tackling the trade in ivory. We need to make sure that the resources and the systems are in place. We have had questions today about how we can improve and enhance the system, so there is a lot of work that we need to do. I am not trying to suggest that resources are not important. I simply think that they are one part of a package that we are moving forward on.

If I can ask Ms Hayman to be quite nimble, I will take her back to amendment 7. Does she want to press it to a vote or is she seeking to withdraw it?

I will just think about that.

While the hon. Lady thinks about it, perhaps I can explain that although our approach will require resources, it will also require online tools so that we can have a proper registration and certification process in place. I do not know whether that has given the hon. Lady enough time to revisit the amendment.

Yes, it has—I thank the Minister for his support on that. On the total volume, as long as the guidance that is provided to support the Bill once it has become law is clear about support for individuals who are assessing the volume of their items, and that any accidental criminality, owing to people falling on the wrong side slightly of the volume calculation, is avoided, I will withdraw the amendment. The guidance needs to be clear about the implications and the best way to find help and support. We are talking about musical instruments: people might not have any idea how to calculate this, so there needs to be proper access to people who can. It is important that that information is easily available so that people do not accidentally fall on the wrong side of the law. If the Minister can give me that reassurance, I will be happy to withdraw the amendment.

Yes, I can reassure the hon. Lady that proper guidance will be available. The enforcement agencies that we spoke to during the evidence sessions were committed to the volume-based approaches, and they seem able to move on. They did not query it when we met, so I can give her those assurances.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 10 ordered to stand part of the Bill.

Clause 11