Chamber and committees

UK subordinate legislation - The Ivory Prohibitions Exemptions Process and Procedure Regulations 2021

Letter to the Convener from the Minister for Environment and Land Reform, Màiri McAllan, 17 September 2021

Dear Finlay,

The Ivory Prohibitions (Exemptions) (Process and Procedure) Regulations 2021 (Defra/ENV/032); protocol with Scottish Parliament

I am writing in relation to the protocol on obtaining the approval of the Scottish Parliament to proposals by the Scottish Ministers to consent to the making of UK secondary legislation affecting devolved areas and within the competence of the EU at exit day. We consider it appropriate to notify this SI as it is likely that the subject matter was within the competence of the EU at exit day.

That protocol, as agreed between the Scottish Government and then Parliament, accompanied the letter from the then Cabinet Secretary for Government Business and Constitutional Relations, Michael Russell MSP, to the Conveners of the Finance & Constitution and Delegated Powers and Law Reform Committees on 4 November 2020 and replaced the previous protocol that was put in place in 2018.

I attach a Type 1 notification which sets out the details of the SI which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in this SI. Please note, we are yet to have sight of the final SI and it is not available in the public domain at this stage. We will, in accordance with the protocol, advise you when the final SI is laid and advise you as to whether the final SI is in keeping with the terms of this notification.

This SI makes detailed provision for the operation of the exemptions under the Ivory Act 2018 ("the Act";). It also prescribes the institutions able to carry out expert assessment of applications for exemption certificates. The Act will prohibit dealing in ivory and items made of, or containing, ivory, unless they meet one of the narrowly defined exemptions to the ban. These are: a) pre-1918 items of outstanding artistic etc value and importance, b) pre- 1918 portrait miniatures, c) pre- 1947 items with low ivory content, d) pre- 1975 musical instruments, and e) acquisitions by qualifying museums. The Act was introduced to provide additional protection for elephants for future generations by banning sales of ivory that could contribute either directly or indirectly to poaching. Due to ongoing work on civil sanctions, enforcement provisions will be made at a later date.

Defra had originally planned to lay this SI on 26 October. Unfortunately due to a combination of the date on which we received a near-final draft of the SI (15 September 2021), combined with the scheduled recess dates which run from 9 October to 24 October this would breach the 28 day period set out in the protocol. Discussions are currently ongoing to delay the laying date in order to meet the twenty-eight day period set out in the protocol and I will write to you again to confirm the outcome of these discussions. I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.

I look forward to hearing from you.

Yours sincerely,

Mairi McAllan

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