Queen’s Speech

Earl of Clancarty Excerpts

Wednesday 11th June 2014 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, I want to take this opportunity to expand further on an issue that I raised last month in an Oral Question: the protection of cultural property in times of conflict. I am grateful to Professor Peter Stone of the International Centre for Cultural and Heritage Studies at Newcastle University and of Blue Shield for his briefing. Blue Shield, for those who do not know, has nothing to do with American healthcare but is the international organisation concerned with this issue. It has been described as the cultural equivalent of the Red Cross.

We have perhaps a peculiar grouping today, as the noble Baroness, Lady Bonham-Carter, pointed out, in which culture is being discussed alongside defence and foreign policy. Nevertheless, for this particular issue, it would be helpful to have the ear not only of the DCMS but of the Ministry of Defence, the Foreign and Commonwealth Office and DfID.

It is disappointing that the Government have not pledged to include, as part of their final Session, legislation to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. This parliamentary year would be the perfect time to do this and there was clear support around the House at Question Time last month for it to happen. My understanding is that the Bill drawn up by the previous Administration in 2008 would not need to be changed a great deal and that therefore this would be a relatively simple thing to do.

It is now recognised that there are many reasons—not just the clear one of cultural and artistic importance—for protecting the world’s museums and archaeological and other cultural sites. Such reasons include the social, the humanitarian, a respect for people’s own culture, the economic and, yes, the military as well. It is, for example, increasingly recognised that the protection of culture is a so-called “force multiplier”. It can aid military success. As Peter Stone has pointed out, respecting the living heritage, such as a minaret, may not increase good will but it will not damage it irreparably, which might otherwise be the case. In Syria, the looting which has devastated archaeological sites is also a means by which fighting is financed and therefore prolonged. Protecting culture helps with rebuilding a country in social and economic terms.

In May, the Minister, the noble Lord, Lord Gardiner, said:

“What is important in practical terms is that our Armed Forces are very conscious of the protocol and the convention, which is why they adhere to what is intended”.—[Official Report, 12/5/14; col. 1652.]

However, it must be emphasised that that in itself is not quite good enough, because what cannot then be done, until the convention is ratified, is for this country, its academics and others to speak out and influence leaders and colleagues across the world with the requisite moral authority, as well as to work with other countries to develop a greater understanding of the problems involved.

In evidence given to the Culture, Media and Sport Committee on the draft Bill in 2008, Brigadier Gordon Messenger, director of Joint Commitments (Military) at the Ministry of Defence, said:

“I know of no reason why the military would not be anything other than fully supportive of progress towards the Bill and ratification”.

It is my understanding that that position has not changed.

Of course, the criticism can be made that others who have ratified this treaty, such as Iraq, have themselves behaved badly. However, as a world community, it is the only thing we have, and we now appear exceptional internationally in terms of our commitment, or non-commitment—both real and moral—to this principle. Britain is the only significant military power not to have ratified. This is not a good place to be. Peter Stone says that not ratifying,

“leaves the UK isolated internationally and at a significant disadvantage in our aspiration to be a global leader with regard to international humanitarian law. This position undermines our claim to be at the forefront of working for global security and peace”.

Why, after 60 years, has Britain still not ratified? The sense is that, as with all matters cultural, which end up low down in the political pecking order, it has simply neglected to do so. It is high time that the Government put this right. Continuing conflict and indeed unfolding events give an urgency to this. I hope that the DCMS takes a lead on this issue and presses for parliamentary time to be made available so that the convention can be ratified as soon as possible.