(3 years, 3 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Cultural Objects (Protection from Seizure) Act 2022 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank my right hon. Friend the Member for Central Devon (Mel Stride) not only for introducing this important Bill, but, with his Blue Badge guide status, for guiding us through it so beautifully.
As we have heard, the protection afforded to cultural objects on loan to our UK museums and galleries from abroad is of huge significance to many international lenders. Understandably, the owners of such objects expect and require a degree of certainty that, when agreeing to lend their most precious national treasures, they will be safeguarded from seizure or forfeiture while they remain in the UK. We have heard from Members across the House why this is so important—this is the lifeblood of some of our great cultural institutions—and why it really matters.
Immunity from seizure has provided that certainty since the Tribunals, Courts and Enforcement Act was passed in 2007 and the first of our museums and galleries began to apply for and achieve approved immunity from seizure status. As a result, we have seen a great number of remarkable exhibitions featuring internationally owned objects that have benefited from immunity from seizure. Between 2015 and 2020, over 200 separate exhibitions in the UK benefited from this coverage, with hundreds of fascinating objects protected by the Act while on display for the public to enjoy and learn from.
The loan of objects allows museums across the UK and the world to stage exhibitions and displays that would not otherwise be possible and enables them to further contextualise their collections and attract more diverse audiences, as well as to contribute to the education, learning and wellbeing outcomes that museums are well known to provide. The Opposition spokesperson, the hon. Member for Wirral South (Alison McGovern), spoke about how we have seen an experiment this year regarding what happens when such places are closed to us and how it really does impact on our everyday lives. We really need those cultural institutions in our lives for our general wellbeing.
All this demonstrates the effectiveness and the value of the legislation so far, but the proposal put forward by my right hon. Friend the Member for Central Devon is a real opportunity to address a small but important gap. It will ensure that immunity from seizure legislation continues to remain fit for purpose during these uncertain and changeable times. I am happy to say that the proposed measure is therefore very much welcomed and supported by the Government.
While this amendment is small, it is sensible and forward thinking, and it responds to real concerns expressed within the sector about what would happen should circumstances prevent objects being returned to their country of origin within the standard timeframe. The hon. Member for Wirral South asked me how we have worked with the devolved nations on this, and of course they have been consulted on the proposals and have welcomed them, as she would expect. We will of course continue to work with them on implementation and guidance.
The measure will clearly have a positive impact, as my right hon. Friend the Member for Central Devon set out in his opening words. It will help to reduce the risk of international cultural property being left unprotected while in the temporary care and custody of UK institutions. International exhibitions are such an important source of income for the sector, and they will be ever more important as museums and galleries recover from the challenges we have seen over the last year. The provisions of this Bill will have a very positive impact on our sector. They will allow museums and galleries to continue to co-ordinate and plan important loans with international partners for tourist-drawing exhibitions, safe in the knowledge that contingency against unpredictable events is available.
This will also help museums and galleries maintain the really strong relationship they have with counterparts in other parts of the world. We have heard about some of the really impressive outcomes produced by the exciting exhibitions our UK museums and galleries have been able to hold as a result of loans of international cultural objects. My right hon. Friend mentioned that a single exhibition, the Saatchi Tutankhamun exhibition, reached more than half a million members of the public. That underlines how valuable the immunity from seizure protection is. It just simply would not have been possible without it.
Another one that my right hon. Friend and the hon. Member for Wirral South mentioned as having an amazing benefit from this protection was the terracotta warriors exhibition in National Museums Liverpool, which are quite brilliant, in 2018. Some 36% of visitors to this exhibition were from outside the area. It generated about 200,000 staying visits to Liverpool throughout the exhibition’s run and contributed over £78 million to the local economy. Is that not incredible? These are really impressive examples showing how immunity from seizure contributes so positively to our culture sector and provides fantastic opportunities for the UK public to experience these incredible pieces of history—these cultural works of art—from across the world. That is why it is so important that the Bill underpins all this as practically as possible for our museums and galleries, and it is clear that it will help to do so.
In conclusion, I thank my right hon. Friend for bringing this incredibly worthy Bill to the House and for setting out so articulately and clearly the benefits that it will bring. I confirm that the Government support the Bill.
(2 years, 10 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Cultural Objects (Protection from Seizure) Act 2022 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Many thanks to my right hon. Friend the Member for Central Devon (Mel Stride) for introducing the Bill and for speaking so eloquently about it today. Indeed, I thank all those who have contributed to today’s debate.
The Bill will provide an important improvement to an already worthy tool, which is used by many of our fantastic cultural institutions across England and Scotland. The useful recap that my right hon. Friend provided, setting out the history of how immunity from seizure legislation was first arrived at in the UK, was very important. It emphasised the confidence that such measures have built, and the willingness and trust that our international partners now have when they lend their objects for temporary exhibitions in our approved museums and galleries.
Many international lenders require immunity from seizure protection when they loan cultural objects to other countries as a matter of course, and it is often an uncompromisable condition of their loan that the object is protected in that way during its stay. If that condition were not met, we would risk not having those very objects that we want to come here. The protection provides a legal assurance that a lender’s objects will be protected from court-ordered seizure for a limited period while in the UK. Many countries have their own similar version of immunity from seizure, for the same reasons, enabling us to lend abroad.
The process that sits behind immunity from seizure protection is necessarily robust. To use the protection, museums and galleries must go through a rigorous application process to attain approved status. That involves demonstrating that they are an ethical organisation, that they follow proper due diligence processes for examining the history of loans in, and that they will not borrow items if there is any suspicion that they were stolen, looted or illegally obtained. For the protection to apply to objects they are borrowing, approved institutions must also publish detailed information about such objects at least four weeks before the objects enter the UK. That diligent work is all part of the high standard of professional practice that our museums carry out as part of their loan procedures. It is fantastic that 38 museums and counting have achieved immunity from seizure approved status. That is a testament to their excellent track records and their continued commitment to upholding the highest standards of due diligence.
Many Members highlighted the very important fact that this is not a London issue. Many museums that provide the service are outside London, including Manchester Art Gallery, the National Museums of Scotland, Wolverhampton’s museums and museums in Liverpool, Norfolk and elsewhere around the country. Therefore, the important points made by my hon. Friends the Members for Hertford and Stortford (Julie Marson), for Vale of Clwyd (Dr Davies) and others about this not being a London issue are very well taken and noted. My hon. Friend the Member for East Surrey (Claire Coutinho) highlighted that fact by giving specific examples of where the protection has already meant we have had loans from incredible institutions around the world, with many more coming this year.
Many Members also mentioned, rather interestingly, the issue with the Icelandic volcano. I did note, however—maybe you can help, Mr Deputy Speaker—that none of us were actually brave enough to name the volcano.
May I just check? Is the Minister referring to Eyjafjallajökull?
There’s always somebody, isn’t there, Mr Deputy Speaker? [Laughter.] I was just about to say that, but there is no point anymore.
Several Members, including my hon. Friends the Members for Stourbridge (Suzanne Webb) and for South Cambridgeshire (Anthony Browne) and others, mentioned their memories, decades later, of visiting the Tutankhamun exhibition or even just watching the news coverage of some incredible exhibitions. That shows the importance and embeddedness of these events and the impact they can have on us, in particular when very young.
The 12-month limit of protection was an issue raised specifically by approved museums and galleries during the more restricted periods we all faced during the pandemic. What would happen to loans approaching 12 months if coronavirus measures and global travel delays meant the borrower could not return them in time, despite all their efforts to comply with regulations and to satisfy the owner’s conditions of the loan? The issue is most relevant to our approved museums and galleries in England and Scotland, as the current users of immunity from seizure protection. As the world begins to feel a little more certain again, I am sure that the recent experiences have taught us to expect the unexpected. As we continue to support the sector’s recovery, it is important that we consider measures such as this. An option to extend the length of time that objects can be covered by immunity from seizure is a sensible contingency to have, especially in uncertain times.
The proposal for such extensions to be considered on a case-by-case basis where needs arise is welcomed, as it will allow for some flexibility. Assessing scenarios in that way will also help to ensure that the extensions are used only where absolutely necessary, and that in the majority of cases objects on loan to approved museums in England or Scotland are returned in a timely manner and within the standard 12 months.
Several Members, including my hon. Friend the Member for Loughborough (Jane Hunt), raised questions about guidance and when that would be implemented. Policy guidance for museums on how they should apply for extensions and in what circumstances is in development at an official level and will be a collaborative effort with officials in the Scottish Government to ensure they provide succinct practical steps for approved museums to follow in the event that they cannot return objects in time. It will set out broad examples of acceptable circumstances where an extension protection may be justified, for example where long-term national or international travel disruption is expected to last beyond the expiration of the 12-month loan period.
As I have said, it is regrettable that the Bill will not have effect in Northern Ireland and Wales. There are currently no museums in Wales and Northern Ireland approved under the 2007 Act, but the Bill does not change their ability to apply for approved status in the future, and of course any objects loaned by approved museums in Northern Ireland and Wales will be covered by the standard 12-month period available to all approved museums.
The Government are content that the drafting of the Bill offers the best protection to cultural objects. I am pleased, therefore, to confirm once again that the Government welcome and support this private Member’s Bill, and I thank my right hon. Friend the Member for Central Devon for introducing it.
(2 years, 9 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Cultural Objects (Protection from Seizure) Act 2022 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I thank my esteemed predecessor and noble friend Lord Vaizey of Didcot for bringing forward this Bill which, as he said, was successfully taken through another place by our right honourable friend the Member for Central Devon, Mel Stride. I also take this opportunity to congratulate my noble friend on his recent appointment as a trustee of the Tate, one of the most important institutions in this country and a principal user of immunity from seizure protection. I am very grateful to him for his absolutely correct words of praise for officials at DCMS, not least the team which has been working on this Bill. We are very lucky to have their support on this legislation and all the other matters with which we deal.
It is a great pleasure to very warmly congratulate and welcome my noble friend Lord Strathcarron to his place in your Lordships’ House. Often maiden speeches show some ingenuity to bring to bear the expertise and experience which new Members have. In this case, his credentials were set out very clearly and have direct application to the matter at hand. We are very lucky to have him in your Lordships’ House scrutinising the Bill, and I look forward to more contributions from him on matters relating to DCMS, and many more besides.
As my noble friend Lord Holmes of Richmond said, this is a beauty of a Bill. The beauty lies in its simplicity. It is a short, two-clause Bill amending existing legislation in Part 6 of the Tribunals, Courts and Enforcement Act 2007, to ensure that our immunity from seizure provision remains fit for purpose. It will mean that approved museums and galleries are better able to respond to unforeseen obstacles which might otherwise threaten the safe and timely return of the wide range of cultural objects which they so regularly borrow from abroad for the benefit of the public across the United Kingdom. The 12-month limit of immunity from seizure protection is an issue which was raised specifically by approved museums and galleries during the more restrictive periods we all faced during the pandemic. The noble Earl, Lord Clancarty, asked why there needs to be a limit at all. In general, the 12-month limit had been sufficient for the normal length of exhibitions, allowing time for those exhibitions to conclude and for items to be returned. Of course, recent events—not least the pandemic but others which have been mentioned—highlight that it is important for this provision to be needed occasionally. There will be no limit to the number of three-month extension periods which can be granted. However, as with all applications, there will need to be a good case for granting each extension. There will be flexibility, as well as protections, in the new system.
As with all sectors, our cultural institutions have faced tremendously difficult times recently, and we recognise the need to support them to recover, thrive and welcome people back across their thresholds as we emerge from the pandemic. As noble Lords have noted, there are 39 museums and galleries across England and Scotland which make use of immunity from seizure protection. As my noble friend mentioned, it is unfortunate that the territorial application of the Bill had to be amended in another place to exclude Wales and Northern Ireland. None the less, as all museums and galleries currently approved for the purposes of immunity from seizure are in England and Scotland, the 12-month time limit is of most relevance in those territories. As my noble friend noted, we are very pleased to see that the legislative consent Motion was granted in the Scottish Parliament yesterday. However, the territorial extent of the Bill remains UK-wide.
As we continue to support the recovery of our museums and galleries from the recent uncertain and challenging times, an option to extend the length of time that objects can be covered by immunity from seizure is a welcome and sensible contingency to have. I am therefore pleased that this Bill looks to ease some of the uncertainties with which our museums have been grappling in recent months, and I am happy to confirm that the Government continue to support this succinct and helpful Bill. The depth and quality of the permanent collections held by these institutions is of course already exceptional, but lending and borrowing objects is also an important core activity for our museums and galleries. Immunity from seizure protection often plays a fundamental role in enabling loans from other countries to go ahead, with many lenders stipulating that such protection is in place as a condition of loan. The Bill will provide a sensible improvement to an already worthy tool used by many of our esteemed cultural institutions across England and Scotland.
My noble friend Lord Vaizey mentioned some of the upcoming or newly launched exhibitions to which we can look forward this year: no less than a visit from one of the greatest artists of the Italian Renaissance at the National Gallery, and a re-examination of surrealism at the Tate. I hesitate to say that my noble friend’s speeches sometimes show the influence of surrealism, but they are certainly rich with cultural allusions on every occasion. Loans help to complement and enhance the stories told by our UK institutions. The British Library recently hosted the excellent exhibition “Elizabeth and Mary: Royal Cousins, Rival Queens”, which I had the privilege of seeing. I was fascinated to view the letter—on loan from archives in Spain—penned by King Philip II, lamenting the execution of Mary, Queen of Scots, and declaring his determination to proceed with the Spanish Armada. Immunity from seizure cover enabled this fascinating letter to sit alongside some of the British Library’s most exceptional Elizabethan manuscripts, adding to the tale of the two rival queens and providing a fantastic opportunity for visitors to view these documents in their wider context.
I was one of 600,000 people who had the pleasure of seeing the breath-taking Tutankhamen exhibition at the Saatchi Gallery a couple of years ago. Another show benefiting from immunity from seizure coverage is “Van Gogh. Self-Portraits”, which opened at the newly refurbished Courtauld Gallery last month, which I saw on Wednesday morning. This is the first exhibition dedicated to Van Gogh’s self-portraits, promising visitors a unique insight into the life of the great artist. The Courtauld is home to perhaps Van Gogh’s most famous self-portrait, “Self-portrait with Bandaged Ear”, and this new show assembles portraits of the artist’s own likeness from museums across the globe.
It is clear from the small selection of examples mentioned today that borrowing objects allows museums to stage exhibitions and displays that would not otherwise be possible. These loans enable them to further contextualise their own collections, create opportunities to attract and inspire new audiences, and re-engage their existing visitor base with new offers and insights. It is understandable that many lenders require certainty around immunity from seizure protection when they lend such valuable artefacts, and it is therefore important that we ensure that the legislation that underpins this protection is up to the task. The Bill will help to reduce the risk of cultural property from other countries being left unprotected while in the temporary care and custody of approved institutions. The option to extend the length of time an object can be protected while on loan will allow our approved museums and galleries to continue to co-ordinate and plan important loans with international partners, safe in the knowledge that contingency against unpredictable events is available.
For the reassurance of noble Lords, I wish to take a moment to affirm the Government’s current view regarding the loan of cultural objects from institutions in Russia at present. The Government recommend that museums and galleries should not be borrowing objects or negotiating new loans from state-sponsored or state-funded Russian institutions at the moment, in light of recent events. Indeed, I am aware of several prospective loans that will now not be proceeding, as well as exhibitions that have been cancelled in recognition of the unfolding conflict in Ukraine. Her Majesty’s Government fully support the decisions made by those museums and galleries to take such action. In the case of cultural objects currently on loan from Russian institutions, it is for the borrowing museum concerned to decide whether it is appropriate to keep them on display and to arrange for their return at the appropriate time. I have had a number of discussions with museums and galleries, and I know that they are engaging with this very important issue very thoughtfully, in consultation with their staff, their audiences and others.
The noble Earl, Lord Clancarty, asked what the Government are doing to protect the cultural property in Ukraine. Like other noble Lords, I was horrified to see the attack on the Mariupol theatre in Ukraine this week—of course, for the fact that children and families were sheltering in it, but also for the appalling destruction done to the building. The Government are working closely with relevant organisations and our international partners to support the Government and people of Ukraine in protecting their incredible cultural property. Russia, Ukraine and the United Kingdom are all signatories to the 1954 Hague convention, designed to protect cultural property from destruction and looting during armed conflict, including monuments, archaeological sites, works of art and other important artefacts. Through UNESCO, we are working to ensure that Russia conforms with its responsibilities under that convention. The deliberate destruction of cultural heritage can be designated a war crime, so officials are also working with non-governmental organisations to record details of where deliberate destruction may have taken place.
In discussing the loan of objects from abroad, I also believe it is important to highlight that the process that sits behind immunity from seizure protection is necessarily robust. To use the protection, museums and galleries must go through a rigorous application process to attain approved status. That addresses the question from the noble Earl, Lord Clancarty, about why there are just 39; this rigorous process involves demonstrating that they are an ethical organisation, that they follow proper due diligence processes for examining the history of the objects that they borrow, and that they will not borrow items if any suspicion lingers that they were stolen, looted or illegally obtained. For the protection to apply to objects that they are borrowing, approved institutions must also publish detailed information about such objects at least four weeks before the objects enter the UK. This diligent work is all part of the high standard of professional practice that our museums carry out as part of their loan procedures.
It is fantastic that 39 museums so far have achieved immunity from seizure approved status. That is a testament to their excellent track records and their continued commitment to upholding the highest standards of due diligence. Of course, new institutions join their number, and I am pleased to say that the 39th on the list of approved institutions was made as recently as last month, when Strawberry Hill House in Twickenham successfully met the rigorous requirements to achieve approved status ahead of its upcoming exhibition, “The Grand Tour”, which will now feature two paintings on loan from galleries in Italy. As an approved museum, Strawberry Hill House will be in good company, sitting alongside great institutions such as Manchester Art Gallery, National Museums Scotland, Hampton Court Palace, the Natural History Museum, Norfolk Museums, the V&A and many others that have been mentioned this morning.
Layers of hard work, training, rigorous provenance research and meticulous record-keeping go into making immunity from seizure work in practice. This provides assurance that approved museums and galleries borrow items from abroad in an ethical way. While immunity from seizure protection builds the confidence of lenders that their objects are safe, it also builds confidence in our sector that only sound loans are followed through, and this in turn reduces the risk of seizure being likely. There has, in fact, never been such an incident in the UK.
The Bill my noble friend has presented us with today is an excellent recognition of where existing legislation can do more to help the work that our museum professionals deliver. While our approved museums and galleries demonstrate an admirable execution of skill in attending to all the necessary work that sits behind immunity from seizure protection, the measures in this Bill can help them to be more confident that, in the event of the unexpected, the objects they are loaning can stay a while longer in the UK, and that they will remain protected until they are able to be dutifully returned to their owners overseas.
In conclusion, I thank my noble friend Lord Vaizey of Didcot for bringing this incredibly worthy Bill before your Lordships and for setting out so articulately and clearly the benefits that it will bring. I am very grateful for the support that it has had from all the contributions across your Lordships’ House today.
(2 years, 7 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Cultural Objects (Protection from Seizure) Act 2022 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, I will keep my remarks extremely brief. The Cultural Objects (Protection from Seizure) Bill amends Part 6 of the Tribunals, Courts and Enforcement Act 2007, which provides immunity from seizure for cultural objects on loan from abroad in temporary exhibitions in public museums and galleries in the UK. Cultural objects on loan from abroad featuring in exhibitions held in UK museums and galleries approved under the Act are at the moment protected from a court order seizure for a period of 12 months from the time when the object comes into the UK.
The Secretary of State for Digital, Culture, Media and Sport is responsible for approving these institutions in England, which can come under this regime, and the devolved Administrations have similar powers in other parts of the UK. To gain approval under the Act, the institutions must demonstrate that their procedures for establishing the provenance and ownership of objects are of a high standard.
When this Act was passed, 12 months was considered to be a very adequate period for objects to arrive in the UK and to be returned. During the Bill’s Second Reading, I mentioned that unforeseen travel delays can now result in works not being returned on time, and that risks undermining the confidence of foreign lenders to lend their art treasures to the UK.
The measures in the Bill would allow the current period, therefore, to be extended beyond 12 months at the discretion of the Secretary of State for Digital, Culture, Media and Sport, or indeed Scottish Ministers when it comes to Scotland. That will ensure that this protection remains fit for purpose. The new power to extend would only apply following an application from the approved museum or gallery. Extensions would be granted for a further three months initially, with a possibility of a further extension if considered necessary.
I am pleased to inform noble Lords that guidance for approved museums and galleries on how they can submit an application for extension has now been published in draft by the department, so the process and the guidance to support it are now ready to go.
I am delighted that the Bill has received such strong support, and I thank everyone who has contributed, including the Member for Central Devon, Mel Stride, for his work steering the Bill through, and the civil servants in the Department for Digital, Culture, Media and Sport. As the department’s Secretary of State pointed out in the newspapers only today, they are knocking it out of the park in DCMS—whether they are present at their desks or not. Finally, I thank my favourite cultural object, who is, of course, our wonderful Minister, my noble friend Lord Parkinson. I am delighted that, after his successful visit to the Venice Biennale, he was protected from seizure and has returned to our shores to give the Bill the final seal of approval.
My Lords, I am very grateful to my noble friend not just for bringing forward this Bill but for his kind words. I would like to take this opportunity to congratulate Sonia Boyce, who represented the United Kingdom at the UK Pavilion at the Venice Biennale, as well as Emma Ridgway, the curator, and everyone at the British Council who commissioned her work, which I am very pleased to report won the coveted Golden Lion for the first time since 1993. It is a tremendous achievement and everyone in the UK is very proud of them all.
I am pleased to reiterate the support of Her Majesty’s Government for this Bill. It is short and straightforward but will be of great benefit to the many approved museums and galleries in England and Scotland that rely on immunity from seizure protection when they borrow cultural objects from abroad. It will add an appropriate layer of flexibility to the existing legislation covering immunity from seizure. Currently, as my noble friend says, the maximum length of time an object can be protected from seizure while on loan is 12 months. As we learn and move on from the unprecedented challenges that museums and galleries have faced over the past two years in particular, the Bill rightly recognises that unpredictable delays do sometimes happen and that it may not always be possible for objects to be returned within that existing timeframe. The ability to extend the protection afforded to cultural objects is a sensible option to have. I am very grateful to my noble friend for presenting these helpful measures and for all his work in guiding the Bill through your Lordships’ House, to all noble Lords who have supported it, from all corners of the House, and, as my noble friend says, to the DCMS officials who have supported it.
As my noble friend says, the guidance for approved museums and galleries on how and when to apply for an extended period of protection has now been published in draft. The policy is therefore ready to be put into effect, subject to Royal Assent being granted. I am grateful to all those who helped the Bill speed on its way to the statute book.