Ivory Bill — Report — 24 Oct 2018 at 18:45

Moved by Lord De Mauley

3: Clause 2, page 2, line 11, leave out “pre-1918” and insert “pre-1947”Member’s explanatory statementWithout this amendment, Art Deco objects of outstandingly high artistic, cultural or historical value, for example, will not be eligible for an exemption certificate.

Moved by Lord Gardiner of Kimble

7: Clause 2, page 2, line 18, leave out “guidance issued” and insert “regulations made”Member’s explanatory statementClause 2(3)(c) currently allows the Secretary of State to use guidance to specify matters that must be taken into account when considering whether an ivory item is of outstandingly high artistic, cultural or historical value. This amendment requires these matters to be specified in regulations instead.

Moved by Baroness Vere of Norbiton

8: Clause 2, page 2, line 18, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.

Moved by Lord Gardiner of Kimble

9: Clause 2, page 2, line 21, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.

10: Clause 2, page 2, line 21, leave out “his or her” and insert “the authority’s”Member’s explanatory statementThis amendment is consequential on the Minister’s first amendment at page 2, line 21.

Moved by Lord Gardiner of Kimble

11: Clause 3, page 2, line 39, leave out “guidance issued” and insert “regulations made”Member’s explanatory statementClause 3(1)(g) currently allows the Secretary of State to use guidance to specify information that a person applying for an exemption certificate must provide. This amendment requires the information to be specified in regulations instead.

12: Clause 3, page 2, line 40, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.

Moved by Lord Gardiner of Kimble

14: Clause 4, page 4, line 21, leave out subsection (8)Member’s explanatory statementClause 4(8) currently allows the Secretary of State to issue guidance setting out the form or manner in which anything required by clause 3 or 4 may or must be done. This amendment removes this power.

15: Clause 4, page 4, line 28, leave out “guidance issued” and insert “regulations made”Member’s explanatory statementThe effect of the current definition of “specified information” is to allow the Secretary of State to use guidance to specify information that must be provided to the Secretary of State when a person other than the original holder of the exemption certificate deals in an item. This amendment requires the information to be specified in regulations instead.

16: Clause 4, page 4, line 29, leave out “Secretary of State” and insert “appropriate national authority”Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.

Moved by Lord Gardiner of Kimble

17: Clause 5, page 4, line 34, after “appeal” insert “to the First-tier Tribunal”Member’s explanatory statementThis amendment provides that an appeal against the refusal or revocation of an exemption certificate is to be made to the First-tier Tribunal.

18: Clause 5, page 4, line 36, at end insert-“( ) An appeal under subsection (1)(b) may be on the ground-(a) that the decision was based on an error of fact,(b) that the decision was wrong in law, or(c) that the decision was unreasonable,or on any other grounds that are prescribed by regulations made by the appropriate national authority.( ) On an appeal under subsection (1)(b), the First-tier Tribunal may-(a) confirm the Secretary of State’s decision to refuse or revoke the exemption certificate,(b) require the Secretary of State to issue an exemption certificate, or to cancel the decision to revoke an existing exemption certificate, or(c) remit the decision to refuse or revoke the exemption certificate to the Secretary of State for reconsideration.”Member’s explanatory statementThe subsections inserted by this amendment set out the grounds for an appeal against the refusal or revocation of an exemption certificate, confer power on the appropriate national authority (see the Minister’s amendment of clause 37 at page 22, line 24) to prescribe further grounds in regulations, and set out the actions that the First-tier Tribunal may take on an appeal.

19: Clause 5, page 4, line 37, leave out “Secretary of State” and insert “appropriate national authority” Member’s explanatory statementSee the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.

20: Clause 5, page 4, line 37, after “make” insert “further”Member’s explanatory statementThis amendment is consequential on the Minister’s amendment at page 4, line 36.

21: Clause 5, page 4, line 39, leave out subsection (4) and insert-“(4) The Secretary of State may by regulations make provision requiring an appellant to pay a fee of a prescribed amount.”Member’s explanatory statementThe effect of this amendment is to remove paragraphs (a) to (d) of the existing subsection (4) of clause 5. Those paragraphs are no longer necessary because the Minister’s amendment at page 4, line 36 will enable the matters in question to be dealt with by First-tier Tribunal Rules.

Moved by Lord Inglewood

24: Clause 7, page 5, line 15, leave out paragraph (d)Member’s explanatory statementThis amendment removes registration as a precondition of allowed sales of de minimis objects containing ivory.

Ayes 18, Noes 249.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Not-Content)Minority (Content)Turnout
Con115 (+2 tell) 11 (+2 tell)45.9%
Crossbench4 33.6%
DUP3 060.0%
Green1 0100.0%
Judge1 06.7%
Lab76 235.1%
LDem45 041.7%
Non-affiliated1 03.2%
PC1 050.0%
Total:247 1631.0%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Baroness Altmann Conaye
The Earl of ArranConaye
Lord Carrington of FulhamConaye
Lord Cormack Con (front bench)aye
Lord de Mauley Con (front bench)tellaye
Lord Inglewood Con (front bench)tellaye
Lord James of BlackheathConaye
Lord Kirkhope of HarrogateCon (front bench)aye
The Earl of LiverpoolConaye
Lord Mancroft Conaye
Lord Marlesford Conaye
Lord Vinson Conaye
The Duke of WellingtonConaye
Lord Aberdare Crossbench (front bench)aye
Lord Berkeley of KnightonCrossbenchaye
Baroness Meacher Crossbench (front bench)aye
Lord Brennan Lab (minister)aye
Baroness Golding Labaye

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