Cultural Property (Armed Conflicts) Bill [HL]
Debate between Earl of Kinnoull and Lord Howarth of Newport
Lord Howarth of Newport
My Lords, my noble friend Lord Rosser has made some very important points about the Border Force and the transport industry. The Border Force is under immense pressure and public expectations of what the Border Force, with its funding at a very precarious level, should be able to do to prevent illegal immigration into our country are very high. It is not reasonable to expect that the Border Force should form part of that coherent multi-agency and multi-departmental drive to deal with the problems of the importation of illicitly derived works of art that I mentioned earlier. We need the Border Force to be in the team along with the National Crime Agency, HMRC, the police and others. Among the industries and operators who need to be properly invigilated and need to be very well aware that there is a serious chance that they would be caught out if they were doing illegal things, and that serious consequences would ensue, must be those who knowingly carry arts and antiquities that ought not to be imported, derived from conflict zones or other illegal sources.
My noble friend has made an excellent point. Perhaps the Border Force needs a dedicated unit, as the Metropolitan Police has its own such unit. The difficulty is that, if the dedicated unit consists of only three members of staff, it will not be tremendously effective. Moreover, if there is a dedicated unit, there is a risk that other members of the Border Force might say, “Well, it’s the job of the dedicated unit”, so this has to be a matter for the whole culture and training of the Border Force and it must be correspondingly resourced.
My noble friend’s Amendment 24 deals with the rank of the police officer who might enter premises. It would appear that we do not have many such police officers available for the purpose. I wonder what my noble friend’s response would be to a real-life story touched on by the noble Lord, Lord Redesdale, in debate on an earlier amendment. What about the case of an archaeologist employed by the British Museum who is deeply knowledgeable about the issues of looting and damage to the archaeological heritage, cares very much about them and volunteers to become a special constable? He knows more than most people in the world about these issues. However, he has the most junior rank in the police as a special constable. It is important that we do not amend the legislation to preclude this individual from carrying out the work that he has volunteered to do as an archaeological expert and as a very good citizen.
The Earl of Kinnoull
My Lords, I, too, support the thinking behind Amendments 20, 26 and 27, particularly in respect of helping the police and Border Force discharge their duties. Having long experience as an insurer, I know that stolen items often spend time with the police or—certainly in one case that I can think of—Border Force, and for understandable reasons. With no intention on the part of the police but simply because they have no expertise in the handling of materials, problems arise. One example comes to mind immediately, where it was a case not so much of a policeman putting his foot in it as of his putting a foot through it—through a major canvas. Therefore, as the noble Lords, Lord Rosser and Lord Howarth, said, some guidelines would be very helpful to the policemen on the front line. The fine art and antiques squad at Scotland Yard is greatly reduced these days; it used to have inspector-level command but is now down to a sergeant. The number of people there is very few, so they cannot ring internally for help, where written help would be enormously useful in these matters.
Cultural objects of the type that we are discussing are usually exceptionally fragile and therefore much more susceptible to mishandling, either through the action of damp and water or simply through being roughly handled. I look forward to hearing what the Minister has to say.