Lord Trees (CB)

My Lords, the Ivory Act 2018 and subsequent statutory instruments pertained only to ivory of elephant origin. Although those instruments covered the vast majority of ivory products, these new regulations extend the meaning of ivory to include the “tusk or tooth” of a hippopotamus, killer whale, narwhal or sperm whale. These species are listed under CITES, and although they compromise only a small amount of the broad definition of “ivory”, the amending regulations limit opportunities for laundering ivory under the guise of another species that is not prohibited. The regulations also mitigate the risk of poaching displacement—a lovely word I had not come across but which was in the Explanatory Memorandum—to non-elephant ivory-bearing species. The current legislation places the burden of proof on anyone accused of potential ivory trading to prove that the ivory is not from a prohibited species. It is very useful that specific institutions are named as able to provide expert advice to the Secretary of State. I wonder whether that could partly satisfy some of the noble Lord’s concerns. I note that walrus products are already covered under the assimilated EU regulations, as the Minister mentioned. The regulations sensitively recognise that certain indigenous communities, such as the Inuit, rely on subsistence hunting of some of these species for food and derive part of their income from the sale of ivory products as a by-product of this hunting. As I understand it, these regulations would not prevent UK tourists acquiring small amounts of ivory items made from the species covered by these regulations from these communities and bringing them back as personal possessions under CITES regulations—that is, with a permit and declaration at customs—but will prevent any degree of commercial trade and onward sale in the secondary ivory market in the UK. Can the Minister confirm my understanding of this permitted trade with indigenous communities? The miscellaneous amendments in the instrument will further strengthen the protection of endangered species around the world. I welcome them, although I have some sympathy with the noble Lord’s concerns.