Antique dealers fail in high court bid to overturn world-leading blanket ban on
Tue 5 Nov 2019 17.45 GMT First published on Tue 5 Nov 2019 15.17 GMT
Antique dealers have failed in an attempt to overturn a total ban on ivory
trading being introduced by the government after the high court ruled the
legislation did not breach European law.
Conservation groups, who argued that any dilution of the ban would
revitalise illegal elephant poaching, welcomed the decision, which they said
would preserve the UK’s position as a world leader in the fight against the
Last month, a small number of antique dealers challenged the ban in the high
court, arguing that sales of “cultural heritage” objects had no impact on
the market for illegally plundered tusks.
The 2018 Ivory Act, which attracted cross-party support, has yet to come
into force. It criminalises trade in all ivory artefacts with a few artistic
exemptions. The prohibition was championed by the former environment
secretary Michael Gove, who pledged to introduce “one of the world’s
toughest bans on ivory sales to protect elephants for future generations”.
The high court claim was brought in the name of a newly formed company,
Friends of Antique Cultural Treasures (Fact), but funds were channelled via
the British Antique Dealers’ Association (Bada). The dealers also said the
ban undermined the European convention on human rights by interfering with
individuals’ property rights.
Responding to the judgment, Mary Rice, the chief executive of the
Environmental Investigation Agency (EIA), said: “This is a victory for
common sense and one which maintains the UK’s position as a global leader
when it comes to fighting the illegal ivory trade.”
The EIA is part of a coalition of 11 conservation organisations that
supported the Ivory Act, arguing that any legal trade in ivory provides
cover for the illegal trade because it is difficult to distinguish between
antique and newly carved ivory. The UK is one of the world’s leading
exporters of antique ivory, particularly to China and Hong Kong.
The environment secretary, Theresa Villiers, said: “I welcome today’s ruling
by the high court which upholds the UK’s commitment to ban the ivory trade.
“We will move forward and make sure the ban comes into operation as soon as
possible to protect wildlife and the environment.”
The European commission is considering further restrictions on ivory trade
across the EU, based in part on the UK’s Ivory Act. Other countries, such as
Singapore, Australia and New Zealand, have introduced, or are considering,
John Stephenson, the chief executive of the campaign group Stop Ivory, said:
“Challenges to the new legislation fly in the face of British public
opinion, which increasingly puts the conservation of nature before profit.
We hope that’s the end of the matter and that the government can get on with
implementing the act, without further distractions.”
Conservationists estimate that 55 African elephants are poached every day,
which they say is an unsustainable rate of loss. David Cowdrey, the head of
policy and campaigns at the International Fund for Animal Welfare, said: “We
are delighted to hear that the high court has rejected the antiques lobby’s
bid to overturn the Ivory Act. It is a fantastic day for elephants, and for
everyone that has fought so hard to make the UK’s ivory ban one of the
toughest in the world.”