Cultural Objects (Protection from Seizure) Bill

Alison McGovern Excerpts

Wednesday 17th November 2021 Public Bill Committees

[Mel Stride]

I thank my hon. Friend very much for that intervention. She is entirely right that what lies at the heart of the Bill is providing that comfort—that reassurance—to lenders to make sure that these wonderful artefacts, such as those in the “Tutankhamun” exhibition, come to our shores. If I may say so, I think it is particularly important that we bring this measure forward now, given that covid and lockdown have affected a lot of important museums and galleries. Anything we can do to encourage and improve things for them is particularly important at this time.

Applications for approval are still being considered as museums look to increase their capacity to host international exhibitions. For example, the Wallace Collection was approved for immunity from seizure in May this year, in advance of its Frans Hals exhibition, which features the artist’s widely recognised painting, the Laughing Cavalier. Since it entered the Wallace Collection in 1865, that iconic image has never been seen together with other works by the artist. Immunity from seizure has enabled many works by Frans Hals to come together for that exhibition and to be enjoyed alongside that wonderful work, with their owners knowing that their artworks will be protected from seizure.

As I set out on Second Reading, despite the careful planning of exhibition schedules, unforeseen delays do occur, including to transport. I gave the example of the Icelandic volcano that erupted in 2010. More recently, of course, the covid-19 pandemic closed museums and cancelled flights. That meant that even where exhibitions had concluded, it was not always possible to return loaned items within the 12-month limit.

The Bill will allow the period of protection to be extended beyond 12 months at the discretion of the Secretary of State for Digital, Culture, Media and Sport for institutions in England, or the relevant authority in the devolved nations. The circumstances under which an extension may be considered will be set out in guidance to be developed in discussion with the devolved nations. The guidance will assist museums in applying for an extension, which would be for a further three months initially, with a possibility of a further extension if considered necessary. The measure is strongly supported by the museums sector and by Arts Council England, the Government’s development agency for museums.

This is a short and simple Bill. Clause 1, which deals with the protection of cultural objects on loan, amends section 134 in part 6 of the Tribunals, Courts and Enforcement Act 2007. New subsection (4A) provides that the relevant authority has the power to extend the existing maximum period of protection for a further period of three months. New subsection (4B) clarifies that the Secretary of State will have the power to extend the period of protection where the object is in the UK for the purpose of public display in England. Whichever relevant authority uses its power, the protection of the Bill will continue to apply UK-wide. New subsection (4C) clarifies that the power can be exercised more than once in relation to the same object. New subsection (4D) clarifies that an extension granted is in addition to the maximum protection period. Clause 2 sets out the territorial extent and commencement arrangements and provides the short title of the Bill.

I hope the Committee agrees that the Bill will provide our museums and galleries with a greater degree of certainty in planning international exhibitions, which are crucial and a major part of their income, and give the UK public the opportunity to enjoy cultural treasures from other countries. The Bill will also build the confidence of international lenders, who will understand that where difficulties arise, immunity from seizure can continue to be in place until the loans can be safely returned to them. I commend the Bill to the Committee.

[Alison McGovern (Wirral South) (Lab)]

It is, as others have said, a pleasure to serve under your chairship, Mr Hosie. I commend the right hon. Member for Central Devon for bringing the Bill forward. It is limited in scope and effect. It extends existing powers, and we had a good discussion on Second Reading about the principles that sit behind it. As such, at this point, we have nothing further to add.

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

It is a pleasure to serve under your chairmanship, Mr Hosie. I thank my right hon. Friend the Member for Central Devon for bringing forward this private Member’s Bill, which has strong Government support. I also thank the outstanding former Minister for Digital and Culture, my hon. Friend the Member for Gosport, for eloquently setting out that Government support on Second Reading and for being a much-valued Committee member.

My right hon. Friend the Member for Central Devon mentioned that the Bill passed Second Reading with supportive remarks from hon. Members on both sides of the House. That is testament to the positive impact that the Bill will have on museums right across the UK. Last month, my right hon. Friend the Chancellor of the Exchequer confirmed Government funding of £850 million for cultural and heritage infrastructure, which will help to safeguard national treasures and boost culture in local communities and on high streets. An additional £150 million investment was also announced for national museums and other Department for Culture, Media and Sport public bodies to help them recover from covid-19.

That funding recognises the important role that culture and heritage sectors play in our society. Our museums and galleries must be able to operate as effectively as possible in order to continue to carry out the enriching and educational work that they do for the public. The Bill seeks to make a practical, sensible change to existing legislation that will make the exhibition planning of our museums and galleries easier, and reinforce good relationships with international lenders and overseas partners. It is therefore a timely proposal that reflects the Government’s continued support for cultural sectors.

It has been emphasised that the risk of seizure of cultural objects while they are on loan in the UK is small, but the contribution immunity from seizure makes to the core activity of museums is evidently great. This weekend, the V&A will open its latest exhibition, “Fabergé in London: Romance to Revolution”, showcasing a host of fascinating artefacts, many of which are on loan from Russian institutions. Without immunity from seizure, those loans would not have gone ahead, nor would National Museums Scotland have been able to borrow some of the objects featured in last year’s exhibition, “Tyrannosaurs”, and China’s terracotta warriors would not have made it to National Museums Liverpool the year before that.

Museums are critical to the UK’s £75-billion tourism industry and the 4 million jobs that the sector supports, and the ability to put on international blockbuster exhibitions is a huge selling point of many of them. Borrowing objects allows museums to stage exhibitions and displays that would not otherwise be possible, and enables them to further contextualise their own collections. These loans create opportunities for museums to attract new audiences, but also to re-engage their existing visitor base.

We must not forget that underpinning many of these successful exhibitions is an understanding with international partners that, subject to conditions being met, the objects will be fully protected from seizure during their stay in the UK. Opportunities for immunity from seizure protection to be extended, where justified, will alleviate potential unforeseen obstacles. The proposed opportunity for a three-month extension is more than a useful contingency for when things do not go to plan; it is a recognition that the partnerships our museums build with international institutions are very much worth maintaining. The extension of that protection will come as a welcome measure to the many foreign lenders who insist on immunity from seizure protections when they loan their precious objects. By reinforcing their confidence, the Bill will help to ensure that the UK continues to host some of the finest cultural objects from across the globe. I urge the Committee to support the Bill.