Cultural Property (Armed Conflicts) Bill [HL]

Baroness Berridge Excerpts

Monday 6th June 2016 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I, too, thank Her Majesty’s Government for allowing parliamentary time for this important Bill. I declare my interest as co-chair of the All-Party Group on International Freedom of Religion or Belief. I am grateful that some noble Lords have already mentioned the fact that cultural heritage is often the religious heritage of people. The United Kingdom should be proud of its role in giving aid to refugees in Syria and Iraq but we can now also be proud of our role in protecting the cultural and religious heritage in that region.

History is full of examples of the destruction of religious and cultural heritage as a means of domination of people and limiting cultural and religious diversity. The rebuilding of the Temple by the people of Israel was just one such example. The 20th century saw Chairman Mao in China, Pol Pot and the Khmer Rouge in Cambodia and, closer to home, the destruction and abandonment of churches and mosques in Cyprus. I note that the recent restoration and new visitation rights both for Christians to churches in the Turkish Republic of Northern Cyprus and for Muslims to mosques in the republic is a key part of the peace process—a process that is a rare beacon of hope at the moment in that region. However, the Hague convention, which the Bill will enable the UK to ratify, was born, as has been noted, of the destruction of the Second World War. We can now, conversely, see inspirational stories, such as that depicted in the recent film “Woman in Gold” of the healing that the restoration of looted art brings to victims of conflict and war.

It is so important for the UK to ratify, as London is such a key centre for the sale and display of art with world-leading museums and auction houses. Stolen cultural and religious heritage is not just about wiping out the evidence of other people but is a key way for groups to raise money to fund such violence. Daesh is thought to have raised tens of millions in this way. Also, it should be remembered that for any items whose provenance is unclear, such as looted art, this is an easy way to launder money.

It is pleasing to note that the UK Armed Forces have been trained and are acting in ways already consistent with the second protocol of the Hague convention, as outlined in Part 2 of the Bill. The use of the cultural emblem in Part 3 has proved surprisingly effective, especially to avoid aircraft bombing buildings close to enemy combatants. Prior to the 2003 invasion of Iraq, the staff of Iraq’s national museum in Baghdad painted a giant blue shield on the roof of the museum. As a result, the museum was included on USCENTCOM’s no-strike list and was not subjected to aerial or ground attack.

Perhaps most relevant to the UK is Part 4 of the Bill, which puts individual responsibility on people who deal in unlawfully exported cultural property. I note in Clause 17 the low threshold of only,

“having reason to suspect that it has been unlawfully exported”.

However, I join the noble Lord, Lord Renfrew, and others in my reading of Clause 16: it has to be a state that is occupying another person’s territory, not a group such as Daesh. This may just be because the Hague convention was written in the 1950s. It is now part of a wider issue that has become clear in international law, which was drafted at a time when it was the state that violated people’s human rights. We did not have non-state actors, such as Daesh, but groups such as the Lord’s Resistance Army, which had incredible capability. I hope that we will come back to the matters in Clause 16 later in the Bill.

I am pleased to note that the Bill will cover any property that has been unlawfully exported since 1956, not when the Bill is enacted. That is important to note because property that is dealt with unlawfully in the UK, such as that already in the country from Northern Cyprus, could then be the subject of a criminal offence. I note in this context that aiding and abetting, conspiring and attempting to deal in unlawfully exported cultural property will also be an offence. It is perhaps within that realm of what we call the inchoate offences that those who seek to deal and trade in this property need to be keenly aware of the extension of the criminal law in that regard.

However, joining others, I would be grateful if my noble friend the Minister would outline whether the Met police has been given any additional resources to deal with these very specialist crimes. The officers I have met are experts in their field and provide the national policing lead, but there is only a handful of them. It is hard to know the exact extent of the crimes here in the UK and, without adequate resources, it is difficult to know how we will find out.

I am not sure that the Dealing in Cultural Objects (Offences) Act 2003, under which there has not been a successful conviction, will entirely fill the gap left by Clause 16. A cursory glance at that Act gives a different mens rea for the offence, concerning cultural objects rather than cultural property. It is important that we come back to that.

I am pleased to see that many noble Lords speaking in the debate are trustees of museums. I hope my noble friend the Minister will confirm whether the cultural protection fund outlined will be available to be used by museums to store valuable and delicate artefacts seized by the UK police or customs. Many of these items need specialist storage to avoid their being damaged. They can remain in police custody for months, if not years. Also, I do not think that the Bill currently makes clear who is to pay for the costs of storage and transportation back to the occupied territory. In many circumstances, that can involve a considerable sum. I hope my noble friend will look at whether the Government could bring forward an amendment in that regard. One can easily foresee complicated litigation, with parties arguing over who was responsible for which cost, which would potentially delay the return of the item to its rightful owner.

I notice, however, that there is growing good practice in this area. On a recent visit to Cyprus, I visited the Leventis collection and found a museum that had spent well over 10 years authenticating the provenance of every piece in that museum. I join other noble Lords in saying that until there is that clarity about the ownership and provenance of these artefacts, we will not see an end to this trade, despite this welcome legislation.