Introduction and the Import of Cultural Goods (Revocation) Regulations 2021

Baroness Barker Excerpts

Wednesday 30th June 2021 Grand Committee

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to noble Lords for their comments and questions on these regulations. I will do my best to cover the range of questions raised but, as ever, will make sure I consult the exchanges and write with further detail, where I am not able to do so.

The noble Lord, Lord Stevenson of Balmacara, asked why we have chosen to revoke rather than amend the regulations. As I tried to set out in opening, even if these regulations were not legally deficient, the general prohibition would raise other issues of concern for us. It applies to a wide range of cultural goods, regardless of their age or value, who is importing them, for what purpose or when they were exported from their country of creation or discovery. That gives it a very broad scope. Any cultural goods within its scope could be prohibited from entering the United Kingdom if they were believed to have been unlawfully exported from their country of creation or discovery, even if they have been, to all intents and purposes, lawfully owned for years, decades or, in some cases, even centuries by private owners or museums, without their legal provenance being questioned. We think that it could prevent cultural goods created or discovered within Great Britain from being returned, if they had previously been unlawfully exported from this country.

Moreover, there is no requirement for anyone to provide evidence of either lawful export or unlawful removal from the country of creation or discovery. In the event of a claim that cultural goods were unlawfully removed, it is not clear where the burden of proof should lie. I hope that sets out some of the concerns we had with the regulations and the thinking that underpinned our decision to revoke. As we already have existing legislation that has proved to be effective in tackling the illicit trade in cultural goods, we think it better to revoke the general prohibition to clarify the position and avoid confusion.

The noble Lord, Lord Stevenson, also referred to the Hague convention of 1954 which, he rightly points out, is some time ago. The UK is also party to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The requirements and obligations of both those conventions are reflected in our domestic law, most notably in the Dealing in Cultural Objects (Offences) Act 2003 and the Cultural Property (Armed Conflicts) Act 2017, both of which are more recent pieces of legislation. The UK and its authorities are members of international organisations, such as Interpol and the World Customs Organization, which enable them to co-operate and share information and intelligence with their counterparts in other countries, as well as make sure that our response is fully up to date in the ways the noble Lord raised. I should point out that the other types of culture that he mentioned in his question are not reflected in the EU regulation either.

I will take the noble Lord, Lord Stevenson, up on his offer to write, after I have checked with lawyers why they chose the word “tangentially” in paragraph 7.5.9 of the Explanatory Memorandum. I would be happy to write when I have that explanation, and I shall take back the suggestion that he made about the Law Commission to the department.

The noble Lord politely suggested that I had glossed over the impacts on Northern Ireland. That was not my intention, although I do not think that is what he was suggesting either. The Northern Ireland protocol has been and continues to be well debated in your Lordships’ House. We do not expect the general prohibition to have a significant impact on the import of cultural goods into Northern Ireland, including from Great Britain. At this stage, it is not possible to say how significant that impact might be.

The noble Lord, Lord German, asked about the application of the law to Scotland. The 2003 Act does not apply to Scotland, but other legislation and relevant international law does. I mentioned a couple of Acts in opening—the Customs and Excise Management Act 1979 and the Cultural Property (Armed Conflicts) Act 2017—both of which apply to Scotland. Retained EU law is, of course, a matter for the UK Government.

The noble Lord, Lord German, and others suggested that revoking these regulations might risk sending the wrong message about the UK’s commitment to tackling the illicit trade in cultural goods. We do not believe that is the case and are determined to tackle that illicit trade. The UK has a strong record of finding and returning unlawfully removed cultural goods. In opening, I mentioned the example of a statue that was recently returned to Libya. To give another example, in 2019, a Mesopotamian kudurru or boundary stone, which was probably stolen in 2003, was seized by HMRC at Heathrow Airport and subsequently forfeited to the Crown. It was formally returned to Iraq in March 2019. Over 150 Mesopotamian cuneiform tablets, seized by HMRC in 2011, were also returned to Iraq in August 2019. So I hope there is no doubt about our commitment, determination or track record in tackling the illicit trade in cultural goods.

We will explore the issue which the noble Lord, Lord German, raised about a database, but it is worth saying that we already share intelligence via our role in Interpol, where we are a key player, and through the World Customs Organization.

The noble Lord, Lord Clement-Jones, suggested that Northern Ireland risks becoming a gateway for unlawfully removed cultural goods to enter the EU from the UK. We do not believe that will be the case. Importing unlawfully removed cultural goods into the EU via Northern Ireland would be a lengthy and costly route for anyone who chose to do so, and there would be many opportunities along the way for unlawfully removed cultural goods to be detected and seized. Our customs and border authorities will continue to do their utmost to prevent unlawfully removed cultural goods entering the UK and ensure that such goods are not transferred to Northern Ireland with the intention of moving them on from there to the EU.

To address the point made by the noble Lord, Lord Clement-Jones, no export licence will be required for movement from Great Britain to Northern Ireland. Other checks are a matter from HMRC but will not include any new measures for the general prohibition. The noble Lord also referred to our art market, which is the second-largest in the world and has a notable and deserved worldwide reputation. There is no evidence that it is underhand or acts outside the law. I am sure that is not what he was suggesting.

To respond to the point made by the noble Baroness, Lady Merron, I do not regret the way I set out these regulations. I hope that the consideration that your Lordships have given them in Grand Committee today has afforded the proper opportunity for scrutiny and, through my answers, some clarification. I will follow up in writing with further points where that is needed.

We believe that this statutory instrument will provide clarity and certainty for the UK’s museums and art market, allowing them, and their partners and clients, to bring cultural objects into the UK without fear that they will be delayed or detained at the border because of any unsupported claim of unlawful removal from another country at some point in the distant past. Our existing legislation was robust in protecting cultural goods before the general prohibition came into effect, and it will continue to provide protection against the illicit trade in cultural goods. In cases where there is evidence or information that an object was unlawfully removed from another country, our customs and border authorities will still be able to detain it and deal with it accordingly, using their existing powers and procedures. I end by re-emphasising that this statutory instrument will not change that.

Motion agreed.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

The Grand Committee stands adjourned until 4.10 pm. I remind Members to sanitise their desks and chairs before leaving the Room.