Question proposed, That the clause stand part of the Bill.

With this it will be convenient to discuss the following:

Amendment 13, in 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.”

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.

That schedule 1 be the First schedule to the Bill.

Amendment 13 is pretty straightforward. It was designed to clarify the circumstances in which the Secretary of State will consider criminal sanctions to be more appropriate than civil sanctions. We propose to insert it into paragraph 21 of schedule 1 in order to be absolutely clear about why a criminal sanction would come into play, as opposed to a civil sanction. The Minister said that the bulk of cases will come under civil sanctions, but what is the tipping point? We feel that anyone involved in this will need to understand properly the circumstances in which the Secretary of State would consider a case to have tipped into a criminal sanction.

I set out in our discussion on clause 12 that a mixed regime of criminal and civil sanctions will be applied to the offences under the Bill. In line with that approach, clause 13 ensures that civil sanctions may be applied to breaches of the ban. The civil sanctions are detailed in schedule 1. We recognise that offences made under the Bill may vary in severity. Overly harsh sanctions should not be applied in a way that could be deemed to be disproportionate. For example, where members of the public have genuinely made every effort to abide by the ban or are genuinely of the belief that the item is not ivory, it would clearly be inappropriate to levy criminal sanctions.

However, compliance with the ban cannot be seen as optional. Acts of non-compliance must be deterred and penalised with the appropriate level of sanction. That is critical if we are to meet our objective of ending the link between the UK ivory market and elephant poaching. The clause ensures that, where a criminal sanction is unwarranted, a range of civil sanctions may be applied. The regulatory body and the police will be responsible for identifying and investigating breaches of the ban. The regulatory body will be responsible for issuing civil sanctions, as I described earlier.

If an offender does not comply with a civil sanction imposed against them—for example, if they do not pay the monetary penalty imposed against them within the necessary period—they may be subject to criminal sanctions. The Government believe that the range of available sanctions reflects the seriousness of the ban, while allowing it to be proportionate. I commend the clause to the Committee.

I thank the hon. Member for Workington for tabling amendment 13, and for her careful consideration of schedule 1. Like her, I want to ensure that those found in breach of the prohibition are given the most appropriate sanction, be it civil or criminal. The trade in ivory is abhorrent, and the sale of items that could directly or indirectly contribute to the poaching of elephants needs to be treated accordingly. However, I do not believe that the amendment is needed to ensure that. The information that she intends to set in guidance before the prohibition comes into force is already stipulated in paragraph 21(1)(c) of schedule 1, which sets out that the Secretary of State will provide guidance on

“the circumstances in which the Secretary of State is likely to take any such action”,

in relation to an offence committed under the prohibition.

The regulatory body and the police will be responsible for identifying and investigating breaches of the ban, and the regulatory body will be responsible for issuing civil sanctions. Criminal breaches of the ban will be dealt with by the police. The type of sanction issued will, of course, depend on the nature of the offence that has been committed.

The amendment would interfere with the discretion given to enforcement and prosecution authorities as they consider the facts of each case to arrive at a decision as to whether criminal or civil sanctions would be more appropriate. I reassure the hon. Member for Workington that, given the wording of paragraph 21(1)(c) of schedule 1, sufficient information will be outlined in the guidance, which should aid the correct authorities to enforce the prohibition. With that explanation, I ask the hon. Lady to withdraw her amendment.

I thank the Minister for providing that detail. Schedule 1 states that the Secretary of State must

“prepare and publish guidance as to”— this is in paragraph 21(1)(c)—

“the circumstances in which the Secretary of State is likely to take any such action.”

Does that clearly explain whether he would consider criminal sanctions to be more appropriate than civil questions? Perhaps further clarification could be given in the guidance that accompanies the Bill, because it is important for people to understand whether these are criminal or civil sanctions. Could the guidance be elaborated to make that clear?

I understand the hon. Lady’s concern about getting this right. I can assure her that there will be further clarification on these points in the guidance. The point is well made, but it will be in the guidance.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 14