Cultural Property (Armed Conflicts) Bill [HL]
Debate between Baroness Neville-Rolfe and Baroness Northover
Baroness Neville-Rolfe
We have made this a priority. I was going to say that my noble friend Lady Berridge made a good point about the link to the police. We have the military—the monuments men whom we heard about last time, one of them a 100 year-old woman—and the police effort. Together they need to have adequate resource, as I explained last time. Although it is an operational decision for the Met, working with the Mayor’s Office for Policing and Crime, to determine the available resources, in the spending review the Government pledged strong support for the police.
On the monuments men and the monuments lady in particular, I will come back to noble Lords on exactly what our plans are. The good news is that they are well geared up and are starting to recruit specialists into the Army Reserve pending final approval of the Bill now that we have, at last, found parliamentary time.
The working group will continue to provide updates on its progress, but I do not feel that a statutory requirement on the Secretary of State to produce a report a year after the Act is passed would be appropriate at such an early stage of its development. I hope the noble Lord will feel able to withdraw his amendment.
The noble Lord, Lord Stevenson, talked about the penalties when he spoke about whether the clause should stand part. Concerns have been expressed about the 30-year term. To some degree, I sympathise. I felt that when I saw the provisions. I am pleased to say that officials have now outlined the detailed reasons behind the approach, and I agree with their reasoning. The introduction of the penalty is considered appropriate to comply with Article 15(2) of the second protocol, which obliges parties to adopt measures necessary to establish in their domestic law criminal offences as set out in Article 15(1) of the same protocol and to make them punishable by appropriate penalties. While at first sight it may seem surprising that an offence of this nature and ancillary offences, such as attempting or conspiring, attract the same maximum penalty as war crimes, this flows naturally from the seriousness with which these offences are considered in international law. It is worth noting, as the noble Lord acknowledged, that this is a maximum penalty. In practice, the penalty may be a much shorter sentence or even a fine and the maximum sentence is likely to be reserved for only the most heinous crimes against cultural property.
The noble Baroness, Lady Northover, asked whether we have consulted the Sentencing Council. We have not consulted it, but we will certainly look into this. I also thank the noble Lord for raising this point.
There are a number of important amendments in this group. The military is already very much behind this work, and we are gearing up for further work following the Bill’s passage—smoothly and rapidly, I hope—through the two Houses of Parliament, if that is possible these days. I will write to noble Lords with a little more detail about the working group.
Baroness Northover
Is the Minister able to give any kind of answer to the noble Lord, Lord Howarth? He asked a very pertinent question about what happens when our military might be embedded with others. I realise that at Second Reading there was mention of the situation in Yemen, which is a case in point. If there is a response that might suddenly inspire the Minister—I think that one might have arrived—it would be helpful to have it now rather than in a letter.
Lord Howarth of Newport
May I add a gloss to the intervention that I made? We really have to think about a situation in which we are working with an ally who might have signed the convention but not both protocols.
Baroness Northover
My Lords, I rise simply to express the hope that the Bill speeds through rapidly, whatever else is happening around us, and that it is commenced as soon as possible. We have waited a very long time—since 1954—for this Bill to be put in place.
Baroness Neville-Rolfe
My Lords, I feel very well scrutinised today. I thank the noble Baroness, Lady Northover, for her support in relation to the speedy passage of the Bill.
The Government recognise the importance of giving as much advance notice as possible of when new regulations and requirements will come into force, particularly where they have an effect on business, as has been said. Of course, common commencement dates are not defined in law, they are a matter of policy, and we are not aware of any precedent for referring to them in legislation. In order to refer to them in the Bill, a definition would need to be included. But our intention is to bring the provisions of the Bill into force as soon as possible after Royal Assent.
The noble Lord, Lord Stevenson, knows that I share his passion for common commencement dates, and if we can bring the Bill in on a common commencement date we will of course do so, but we have to balance that with the need to get ahead and implement the convention and the protocols. As I see it, the sooner we are able to bring the provisions of the Bill into force, the sooner we will be able to ratify the convention and its protocols and ensure that cultural property has the protection it needs, which is provided for in the Bill, and hold our head up high in international institutions that are concerned with cultural property.