Cultural Property (Armed Conflicts) Bill [HL]
Debate between Lord Inglewood and Lord Hope of Craighead
Lord Hope of Craighead
My Lords, I suggest the Minister might be rather cautious about the length of the sentence referred to in the amendment. I am in sympathy with the idea of separating the principal offence and the ancillary offence and looking at them separately—but, drawing on my experience as a prosecutor in Scotland and referring to the phrase “art and part” in Clause 4(6)(a), very often the difference between a person who is found guilty of being art and part in the commission of a crime and the principal actor is very thin. It is quite difficult, in the absence of hard facts, to establish precisely where the line should be drawn between the two maximum sentences.
I suggest that if the Minister is inclined to follow the suggestions made by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, he might be wise to consult the Crown Office in Scotland to see whether it has a view as to whether the maximum suggested sentence of 14 years is realistic, given there can be a much closer alignment between a person found art and part and the person who is the principal actor. I would not quarrel with the idea of separating the two; I simply introduce this note of caution as to whether the right figure has been selected.
Lord Inglewood (Con)
My Lords, having heard the remarks of the noble and learned Lord, Lord Brown of Eaton-under-Heywood, it seems to me that the point he makes is very pertinent. In particular, a concern I sometimes have is that parliamentary draftsmen, when bringing forward proposals, identify equivalence between different statutes which, perhaps under further closer examination, are not as equivalent as they would like you to believe. Therefore, there is an underlying and important point in that respect.
Also, now I am on my feet, I will say that in Committee I suggested some proposals on mens rea and Clause 17. I put on record that I am having a constructive and cordial dialogue with my noble friend the Minister on that, which is why there is nothing on the Marshalled List about it today.