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Ivory - Judicial Review

posted 30 Jul 2019, 15:44 by Historical Breechloading Smallarms Association UK   [ updated 30 Jul 2019, 15:44 ]
As you will know, HBSA and BSSC have been liaising with BADA on the issue of ivory in heritage and historical artefacts - in our case firearms and accessories.

Members may be aware that in March BADA passed donations over to a company representing a group of dealers and collectors (FACT- Friends of Antique Cultural Treasures Ltd) who intended brin

ging a claim against the government for judicial review. Since FACT submitted its claim to the courts there has been a waiting period to learn whether it would be allowed to proceed to trial. That permission has now been granted and the first hurdle has been overcome. The judge, in granting permission, noted FACT's argument that trade in pre-1947 worked ivory is already covered in EU law and therefore raised a difficult and important point.

It is understood that the case is likely to be heard in October. If FACT were then to be successful, this could possibly result in the court declaring the relevant provisions of the Ivory Act incompatible with EU law; this would effectively render them invalid. It would mean that the law could have no effect unless and until the Government either passed new legislation compliant with EU law or waited until EU law no longer applied.

Whilst we all abhor any activity that fuels elephant poaching and we welcome and support the Government's commitment to tackling the illicit ivory trade, we and BADA support the aims of FACT's legal challenge to the Ivory Act because the Act fails to protect the legitimate trade in artistic, cultural and historical artefacts, which has no correlation with elephant poaching today.
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If the claimants are successful in court, we understand that they hope the Government will enact new legislation to tackle the illicit ivory trade in a meaningful way, with an exemption to protect antique artefacts.

BADA have been asked to assist FACT in raising further funds to support the final stage of the judicial review and FACT is seeking a further £40,000. Those wishing to donate are asked to kindly provide their name, current address, contact details and the amount of the donation in an email to mark@bada.org before making a payment using one of the following methods:

By bank transfer direct to BADA's bank account: Bank: Coutts & Co. Sort code: 18-00-02 Account number: 00089001
By cheque: Cheques should be made payable to "BADA" and sent to BADA's offices at 21 John Street, London WC1N 2BF
Credit or debit card: Please call BADA's offices on 020-7589 4128 to provide card details

If you have any further questions please do not hesitate to get in touch with me.

Derek Stimpson