Cultural Property (Armed Conflicts) Bill [Lords]

Debate between Tom Tugendhat and John Whittingdale

2nd reading: House of Commons & Programme motion: House of Commons
Monday 31st October 2016 Commons Chamber

[Mr Whittingdale]

I sympathise with the hon. Gentleman’s point. All signatories to the convention should certainly do their utmost to prevent damage to cultural assets and assets that have been identified as culturally important. I would therefore expect our allies who are signatories to adopt that approach as much as we do.

As has already been raised, however, there is a huge gulf between what may have happened as a result of actions by forces in the Iraq war and what we have seen being carried out by Daesh in Syria in recent years, in Palmyra in particular but in other places as well. The first priority has to be the humanitarian crisis and preventing loss of life, but the destruction of cultural assets is hugely damaging. As has been said, they are part of the history and national identity of a people. They are also, potentially, part of their salvation, for when conflict comes to an end cultural assets can represent economic assets from which one can rebuild an economy by attracting people to visit.

Cultural assets are also part of the world’s heritage, and we all have a duty to do our utmost to safeguard that heritage. For that reason, I was delighted when the Government established the cultural protection fund, worth £30 million, and I pay tribute to my right hon. Friend the Member for Tatton (Mr Osborne), Chancellor of the Exchequer when the fund was established, and the Education Secretary, who was then Secretary of State for International Development, for their part in agreeing to that, as a large part of the fund can be classified as international aid. I also pay tribute to Neil MacGregor—he has already been mentioned—who was the driving force for the establishment of the fund. He and I launched it together, and, as the director of the British Museum at the time, he took responsibility for the first phase, a £3 million fund administered by the British Museum to send archaeologists into Iraq to advise and help in restoration where damage had taken place.

I was also immensely privileged to meet Dr Maamoun Abdulkarim, who is director-general of antiquities in Syria. He was the boss of Khaled al-Asaad, whom the hon. Member for Cardiff West (Kevin Brennan) mentioned. Dr Abdulkarim described the courage shown by his colleague, who did not wish to divulge where very valuable artefacts had been concealed and as a result was beheaded by Daesh.

The question of whether Daesh comes under the definition of occupying forces has already been raised. Even if it did, one has to admit that it seems unlikely that the passage of an Act will prevent it from carrying out such horrific atrocities. But it will send a very important signal. It will also have an effect on our own forces.

[Tom Tugendhat]

My right hon. Friend makes a good point. Although I appreciate his point that the Bill is unlikely to dissuade Daesh from its actions, it may affect its ability to support itself financially, because one of the ways in which it currently fills its coffers is by selling looted artefacts.

[Mr Whittingdale]

My hon. Friend makes an extremely good point. Most of the attention has been on wilful destruction, but he is absolutely right that the trade provides finance to Daesh. We must do everything we can to stamp that out, which is why I support the principle that it should be unlawful to deal in illegally exported cultural property.

I pay tribute to the efforts already made by the Ministry of Defence and commanders in the field to abide by the terms of the convention, even when it was not ratified. When the Committee took evidence from the MOD, it said it would review and strengthen the commitment it had already given that training should take account of the absolute priority of abiding by the requirements of the convention.

The Committee heard concern about one aspect of the Bill: the offence of dealing in unlawfully exported cultural property. The first concern was about the definition of occupied territories. At the time, we were told that it was a very narrow definition, or that only a narrow group of countries or territories could be considered to be occupied. In 2008, the regulatory impact assessment identified the Golan heights, East Jerusalem and the west bank. Unfortunately since that time, the list of occupied countries has grown—I draw attention to Crimea. For the purposes of certainty for those dealing in cultural objects, it would help if we clarified exactly which territories we consider to be occupied.

The more serious concern related to clause 17, which makes it an offence

“to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.”

As has been pointed out by the legal advisers, there is a huge difference between “having reason to suspect” and “to suspect”, which is causing concern. If the definition of the offence covers “reason to suspect”, it gets into mens rea, as I understand lawyers call it. I will leave it to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) to say more on that subject with considerably greater expertise.

The issue was flagged up for the Committee when we looked at the Bill eight years ago, which is why we suggested a clearer requirement of dishonesty. That is what currently applies in the Theft Act 1968, which carries a penalty of seven years, and in the Dealing in Cultural Objects (Offences) Act 2003, which also carries a penalty of seven years. The Bill introduces a penalty of seven years, and therefore it seems reasonable to ask that the same threshold should be required. I am delighted to hear from the Secretary of State that she is aware of that concern and will have further discussions.