My Lords, some noble Lords have noticed that the wording of Amendment 3 was jointly tabled by my noble friend Lord Carrington of Fulham and me in Committee. At that time, I said that I reserved the right to bring it back on Report, particularly as some of the issues I had raised had not been addressed in the Minister’s responses. I want to reiterate what I said in the last debate but the points are all, none the less, relevant. The types of items that would be exempted by the amendment to change the Clause 2 date from 1918 to 1947 could in no way be seen as directly or indirectly encouraging demand for ivory in Asia. Unless they are musical instruments or contain less than 10% ivory, items incorporating ivory may be sold only if they are,
“of outstandingly high artistic, cultural or historical value”,
and must predate 1918. Objects such as pianos with ivory keys need only predate 1975, and the low ivory content objects, 1947.
Art Deco style is a highly regarded genre that flourished between the Great War and the Second World War. The V&A Museum held a major Art Deco exhibition in 2003 and some of the 20th century’s greatest designers and sculptors, including Demétre Chiparus, produced Art Deco artwork that sometimes incorporated ivory elements. One of his works—the sculpture in bronze with ivory elements—was regarded as such an important work of art that it sold at auction for a six-figure sum. Examples of his work feature in the collection of the world-renowned Museum of Fine Arts in Boston. Yet as the Bill stands, it would perversely forbid the sale of the most outstanding and rarest examples of Art Deco design while allowing the sale of ordinary upright pianos mass-produced as recently as the 1950s. Changing the dateline for Clause 2 from 1918 to 1947 would bring it into line with the Clause 7 exemption dateline for objects comprising less than 10% ivory.
Turning to my Amendment 4, to benefit from the Clause 2 exemption and be granted an exemption certificate, an historical artefact incorporating ivory needs to be inspected by appointed specialists and to pass the hurdle of being,
“of outstandingly high artistic, cultural or historical value”.
The antiques trade supports the concept of ivory artefacts being checked by third parties and granted
exemption certificates—something both LAPADA and BADA suggested should happen more than two years ago. As I said at greater length in Committee, reports compiled by concerned parties into the problem of identifying old ivory have all focused on the low-priced, solid ivory carvings and trinkets and not on culturally valuable works of art such as portrait miniatures or inlaid Georgian furniture. The trade fully agrees that all solid ivory carvings should be subjected to third-party scrutiny since they are more difficult to appraise than objects made from a mixture of materials. Other materials provide a context in which the style, workmanship and condition of the ivory element can be judged.
Regrettably, the unnecessarily narrow formulation of the Clause 2 exemption will end up prohibiting the sale and, over time, result in the inevitable loss of many thousands of genuine antique objects that fail to meet the “outstandingly high” requirement. Among examples of what will become prohibited items are Victorian chess sets, ivory crucifixes, Georgian silver teapots with ivory handles, 18th-century ivory portrait silhouettes, and 19th-century sandalwood sewing boxes. I could add to this list items of cultural significance for other cultures, such as Japanese netsuke. These types of item are not made from modern ivory and have been acknowledged by the Secretary of State as having no connection to the trade in recently poached ivory. They are all capable of being assessed for authenticity by knowledgeable specialists who can readily tell them apart from most modern-day bangles or trinkets. I point out to your Lordships that museum curators and experts such as those on “Antiques Roadshow” regularly make judgments about antique objects and most of the time do not need scientific evidence to do so. Scientific dating of ivory is, though, available as a last resort.
There is no evidence that Far Eastern buyers are purchasing vast quantities of items such as English silver cutlery with ivory handles or 19th-century gentleman’s travelling boxes containing inserts with ivory lids. Those who appreciate history and an understanding of our past are concerned for the many thousands of objects which are of intrinsic historical, social and cultural value but will fail to meet the “outstandingly high” test. That the Bill does not ban their ownership or prevent their being inherited or gifted to a museum will not prevent their destruction or loss over time. Museums do not have the resources or storage space to accept large additional numbers of artefacts, many of which will already be represented in their collections. There is no guarantee that the family members of an owner of an early 19th-century chess set will want to inherit and care for it themselves. What precisely will be its fate if it has no resale value? I can tell your Lordships now: it will be thrown in the bin. An item that is part of our cultural and social history will simply be unavailable to future generations.
One cannot understand history and learn its lessons by destroying it. I would be more willing to accept losses such as this if I felt that some good would come of it—that the life of a living elephant in Africa would be saved as a consequence. Yet no one has provided any evidence to demonstrate that the sale in this country of a genuine, third-party authenticated Victorian chess set has any direct or indirect connection to the
poaching of elephants in Africa. First, if it has been checked as being genuine, by definition it cannot be made from poached ivory. Secondly, as I have already demonstrated, it is untrue to suggest that large numbers of these items are being shipped to the Far East. Thirdly, the United Kingdom is not itself importing raw ivory to fabricate fake Victorian chess sets. To be quite frank, we do not have the skills to do so anyway. Finally, British antique collectors are not interested in any modern ivory items.
The Bill’s aim is to help to conserve elephant populations and, more specifically, to reduce poaching. Paragraph 6 of the Bill’s Explanatory Notes expresses the entirely understandable desire that objects from the UK should not, whether intentionally or inadvertently, contribute to markets that create a demand for ivory. The vast majority of the many thousands of cultural objects that will fail the current Clause 2 test are of no interest to Asian buyers because they do not acquire English or European antiques. Where the Explanatory Notes refer to a demand for ivory, they automatically characterise all objects made from ivory as homogeneous and interchangeable, regardless of their age, cultural origin or historical significance.
Since most of the ivory objects offered for sale in the UK are of no interest to Chinese buyers and those that do hold their interest are exported in only very small numbers, restricting exemption certificates to items that are of “outstandingly high” rather than “high” artistic, cultural or historical value is disproportionately restrictive. The term “outstandingly high” never featured in the Government’s consultation document. The concept envisaged a year ago was that “significant” cultural or historical items should be exempted. No one has brought forward any evidence to demonstrate why this change was required to fulfil the Bill’s aims.
My small amendment would therefore result in the Secretary of State’s assessors being required to conclude that objects containing more than 10% ivory are of high artistic, cultural or historical value. This would remain a significant hurdle for objects to surmount: assessors would be required to conclude that an item that incorporates ivory provides us and future generations with a high degree of valuable historical or cultural information. The sale of ordinary mundane objects such as bangles or ivory chopsticks would continue to be prohibited. I beg to move.
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