Baroness Neville-Rolfe
Main Page: Baroness Neville-Rolfe (Conservative - Life peer)Cultural Property (Armed Conflicts) Bill [HL]
Baroness Neville-Rolfe Excerpts
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills and Department for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)
My Lords, it has been a long wait for the legislation that will enable the United Kingdom to ratify the 1954 Hague Convention and I am honoured that I am able to bring it forward. Unfortunately, recent tragic events have demonstrated only too well the convention’s continued relevance. I refer of course to the savage and wanton destruction of cultural heritage which has recently taken place in the Middle East and north Africa. We welcome the recent steps taken by the International Criminal Court to prosecute war crimes in Mali related to cultural destruction. This sends an important signal that the international community will take a firm stand against this kind of act. In the UK, heritage is very well protected. We have a similar duty of care to protect the heritage, monuments and artefacts of other countries which are vulnerable to barbarism, conflict and natural disasters. I remind noble Lords of Edmund Burke’s counsel that: “the only thing necessary for the triumph of evil is for good men to do nothing”. I hope that future generations will not be able to point to us as examples of that wisdom.
More generally, the Government have committed to a wide package of measures to protect cultural heritage for future generations. This year we launched a cultural protection fund which will support countries in global conflict zones to protect and restore their cultural heritage. In total, £30 million will be available for projects over the next four years. The fund will be administered by the British Council, and the first round of grant applications will begin on 27 June, with grants awarded later this year. These will support projects involved in cultural heritage protection; training and capacity building; and advocacy and education, primarily focused in the Middle East and north Africa. The fund has already provided £3 million for the British Museum’s rescue archaeology project in Iraq, and Iraqi archaeologists are currently in London, completing their training with the museum. The Government also announced last year the creation of a cultural property protection unit in the Army reserves—the so-called monuments men. It is hoped that this team will include individuals from academia, defence and law enforcement backgrounds to advise on the protection of cultural property that comes under threat during conflict. My officials are working closely with their counterparts in the Ministry of Defence to support their work to establish this unit.
The convention was first adopted following the devastating destruction that took place in the Second World War, and provides a framework for the protection of cultural property in times of armed conflict. The convention defines cultural property to include movable or immovable property of great importance to the cultural heritage of every people, such as monuments, works of art or buildings whose main purpose is to contain such cultural property. The definition is broad and the list of examples is not exhaustive. As well as statues or traditional art work, it could also include more modern or digital types of cultural property like very rare or unique film or recorded music. My department is considering what cultural property should be covered in the UK, alongside other policy issues related to the implementation of the convention. Of course, we will also reflect on issues raised during the passage of the Bill as part of this process.
Parties to the convention are required to respect cultural property situated within the territory of other parties by not attacking it during times of armed conflict. They are also required to respect cultural property within their own territory by not using it for purposes that are likely to expose it to damage in the event of armed conflict. The First Protocol imposes obligations on parties to seize cultural property that has been illegally exported from an occupied territory, and to return it at the end of hostilities. The Second Protocol, which came into force in 2004 for those countries that are party to it, sets out clear criminal sanctions and provides an enhanced protection regime for cultural property.
The UK signed the convention in 1954 but did not ratify, due in part to concerns that it did not provide an effective regime for the protection of cultural property. The improvements made by the Second Protocol led the Government of the day to commit in 2004 to ratifying the convention and both protocols.
The Bill introduces the domestic legislation necessary for the UK to meet the obligations contained in the convention and its two protocols. It is not retrospective and a person will be criminally liable only if they commit an offence after the commencement of the Bill. Part 2 makes it an offence to commit a serious breach of the Second Protocol, either in the UK or abroad. Serious breaches, which are set out in the Second Protocol, include: making cultural property the object of attack; using cultural property in support of military action; extensive destruction or appropriation of cultural property; and the vandalising, theft, pillage or misappropriation of cultural property in the context of armed conflict. Ancillary offences such as assisting or conspiring to commit an offence, and the role of commanders and superiors, are also covered. The maximum penalty for these offences is 30 years’ imprisonment. This may seem a severe sentence but it must be seen in the context of the seriousness with which such offences are viewed in international law and is entirely consistent with our approach to the wider body of international humanitarian law.
Part 3 introduces the distinctive emblem created by the convention—the Blue Shield—and creates provisions to ensure that it is protected, by making its unauthorised use an offence. The emblem will be used to identify cultural property that is protected under the convention. It is analogous to the Red Cross in its ability to confer protection and immunity in times of conflict. As such, the Bill includes measures to prevent its potency being diminished by unauthorised use.
Part 4 implements measures to deal with cultural property that has been unlawfully exported from occupied territory and has entered the UK. This part of the Bill can apply only to cultural property that has been unlawfully exported from an occupied territory after 1956, when the convention and First Protocol came into force. Clause 17 creates a new offence of dealing in unlawfully exported cultural property, with a sentence of up to seven years. It is important to note that this offence applies only to property that is imported into the UK after the commencement of this legislation. As a result, any cultural property that is already in UK collections will not be retrospectively affected by this legislation.
The Government are clear that dealers acting in good faith have no reason to fear prosecution under the Bill. If a dealer takes temporary possession of an object for the purpose of carrying out due diligence or providing valuations, they will not be “dealing” in that object, because they are not “acquiring” the object. The rest of Part 4 outlines the circumstances in which unlawfully exported cultural property would be liable to forfeiture and creates the necessary new powers of entry, search and seizure.
Part 5 of the Bill provides immunity from seizure or forfeiture for cultural property that is being transported to the UK, or through the UK to another destination, for safekeeping.
Finally, in terms of substantive provision, Part 6 ensures that if an offence under the Bill is committed because an officer of a company or Scottish partnership —for example, directors of private military contractors—agreed to the offence being committed, or assisted in it, they will be guilty of an offence as well as the company or partnership.
In introducing this legislation, the Government intend to do only what is necessary to meet our obligations under the convention and its protocols. The Bill will fit into an existing legal framework to tackle the illicit trade in cultural property. The Dealing in Cultural Objects (Offences) Act 2003 and the Theft Act 1968, alongside the Syria and Iraq sanctions, already enable the UK to take action where authorities suspect that individuals might be engaged in illicit trade. The Bill before your Lordships strengthens these measures by filling important gaps in relation to cultural property that has been taken illegally from occupied territories that are not subject to sanctions orders.
It is important to note that the existing legislation, as well as enabling prosecution, has an important deterrent effect, aimed at ensuring that the protection of cultural property, whether in the UK or abroad, is as robust as possible. The Bill will add to that deterrent effect, so that people will know that there is no legitimate market for tainted cultural objects in the UK.
The Cultural Property (Armed Conflicts) Bill will enable the UK to become the first permanent member of the UN Security Council to ratify the convention and accede to both of its protocols. Together with our other initiatives in this area, including the cultural protection fund, this will make a strong public statement about the UK’s commitment to protecting cultural property in times of armed conflict. I beg to move.
Baroness Neville-Rolfe
My Lords, the debate has clearly shown that the House is united in approving the intentions of the Bill. It is pleasing to introduce a Bill with widespread support in this House.
The Hague Convention may be 60 years old, but, as so many have said, we are discussing UK ratification at a time when its effects and measures are all too relevant. Precious artefacts have been destroyed and many others are under threat. Ratification makes an unequivocal statement about the UK’s position on the destruction of cultural heritage and allows us to do all we can to prevent such actions and, if necessary, to prosecute malefactors.
However, a number of noble Lords—my noble friends Lord Renfrew and Lord Borwick and the noble Lord, Lord Stevenson—have said that the Bill is a little too narrow and that we should be more ambitious. I do not see it that way. I celebrate the fact that this Bill is in the Queen’s Speech after so many years of disappointment. It is ready early in the Session; it has been consulted on; it has the benefit of input from the expert and the wise; and it will introduce the necessary changes to UK law to enable the UK to ratify the convention and accede to its two protocols. It will complement and augment the strong cultural property legislation that already exists in the UK and is accompanied by an ambitious programme of initiatives to support the protection of global heritage, including the cultural protection fund. So let us get it on to the statute book.
I thank my noble friend Lord Renfrew for his words. We are fortunate to have in him one of the world’s leading experts in archaeological theory and paleolinguistics, who has already done so much valuable work relating to the looting of archaeological sites. We are also lucky to have the input of the all-party parliamentary groups and committees on archaeology, culture and the arts. These grace this House and I am grateful to all noble Lords who contribute to their proceedings, including my noble friend Lord Cormack. I was glad to see him here and sorry to hear about the death of his colleagues from Lincoln—home of such a wonderful cathedral.
As one would expect from such a distinguished and knowledgeable gathering, many great points have been made and a number of challenges raised, some of which we will have to come back to in Committee. However, perhaps I could respond in four key areas—the military, international issues, the art market and the cultural protection fund.
Concerns have been raised about this legislation placing yet another burden on British soldiers. However, as has been said, the Ministry of Defence and our Armed Forces already act as if bound by the Hague Convention, and respect for cultural property is upheld across the UK’s Armed Forces in military law, our targeting policy, training and in-battle area evaluation and assessment. My department has worked closely with the Ministry of Defence in preparing the Bill. I was glad that the noble Baroness, Lady Andrews, mentioned the “monuments woman” and centenarian, Anne Olivier Bell. The joint military cultural property working group is still developing the concept of this unit. It will start to recruit specialists into the Army Reserve in the near future pending final approval.
Of course, the obligations are not absolute. The convention and Second Protocol provide that they may be waived in cases where military necessity imperatively requires it, such as if cultural property has, by its function, been made into a military objective or there is no feasible alternative available to secure a similar military advantage. It is important to note that, under the Bill, in order to commit an offence of a serious breach of the Second Protocol, a soldier must know that the property to which the Act relates is cultural property. This would protect a soldier from prosecution in circumstances where it really was not apparent that the property was cultural property. That is a long way of confirming in response to the noble Lord, Lord Foster of Bath—Bath being one of the world’s greatest heritage sites—that it is the Government’s view that the Bill will not constrain the military or have any negative consequences for UK soldiers or their commanders.
My noble friend Lord Balfe said that 30 years in prison seems too long a time for just destroying a building. I touched on the logic for this in my opening speech. The maximum sentence of 30 years is comparable with other similar sentences in UK law. The International Criminal Court Act 2001 covers war crimes, including directing attacks on certain buildings or monuments, which are punishable by up to 30 years’ imprisonment.
Turning to the international aspect, a number of noble Lords have rightly deplored the destruction of cultural heritage by Daesh. I share these sentiments. In raising revenue Daesh relies primarily on oil sales, internal taxation, extortion and kidnap for ransom. It also derives a much smaller amount of funding from other sources such as foreign donations and, yes, of course, the excavation and removal of antiquities.
My noble friend Lord Borwick asked a number of questions about the Bill. The intention of the Bill is to introduce legislation that will enable the UK to ratify the 1954 Hague Convention and accede to its two protocols. We have been guided by the convention and protocols to ensure that we have fully met the obligations they set out and have drafted the Bill in the simplest way we can. The definition of “unlawfully exported” used in the Bill does not necessarily equate to whether or not an item has an export licence.
My noble friend and the noble Lord, Lord Renfrew, are right—the UK does not recognise Daesh or the Taliban as a state. Sanctions already exist for cultural property illegally exported from Syria and Iraq since March 2011 and August 1990 respectively. These sanctions prohibit, among other things, the importing, exporting and trading in such objects, and breaching these prohibitions is already a criminal offence under UK law. The noble Lord, Lord Stevenson, made a related point to which I am sure he will return in Committee.
Ratifying the Hague Convention would be a strong public statement of the UK’s commitment to international humanitarian law and cultural heritage and will further strengthen the UK’s international leadership on this subject. Taken together with the other government initiatives, passage of the Bill will demonstrate that we condemn all instances of cultural destruction and illicit trade in antiquities.
My noble friend Lady Mobarik asked about the cultural protection fund. Our objective is to help to create opportunities for economic and social development through building capacity to foster, safeguard and promote cultural heritage in conflict-affected regions overseas. Applications will be welcome for projects which support the protection of heritage that particularly matters to the people in the countries affected or—this is important—tells the story of the peoples that once lived there.
The noble Baroness also made an important point about the role of UK museums. I especially commend the work of the Glasgow museum, which she described so well, and other museum services which are engaged in diaspora communities around the country. These play an important part in understanding our shared heritage.
The noble Baroness, Lady Bonham-Carter, gave the Bill warm support, for which I am grateful. She rightly professed her concerns about the Yazidis. We, too, remain extremely concerned about the barbarity of Daesh relating to that important people. She shared her experience of Libya and Yemen, which I know much less about. She made a number of suggestions for bringing in funds from around the world. I am glad that she mentioned the Channel 4 documentary, which I must make sure I see before we move into Committee.
Lord Lea of Crondall (Lab)
Before the noble Baroness leaves the point about Yemen raised by the noble Baroness—
Baroness Neville-Rolfe
Perhaps I can have a word with the noble Lord after the proceedings in the Chamber have finished and make sure that I have met his concerns.
I know that the impact on the art market is of concern to some in the House. The Government believe that the legislation does not impose any obligations on dealers in cultural property that go beyond the normal due diligence they should undertake for any piece of cultural property they wish to buy or sell in accordance with the industry standards, such as the British Code of Practice for the Control of International Trading in Works of Art. During the implementation of the Bill my department will work closely with all stakeholders with an interest in the Bill, including the art market. I will ensure that the British Antique Dealers’ Association is included in those discussions, and I thank my noble friend Lord Borwick for his suggestion. I know that there have been concerns about the role that the illicit trade in antiquities may play in money laundering in the UK, although noble Lords did not focus on that strongly today. The Government will take decisive action to strengthen the UK’s anti-money laundering regime in the criminal finances Bill.
The noble Lord, Lord Foster of Bath, the noble Earl, Lord Clancarty, and the noble Baroness, Lady Young of Hornsey, all asked about the identification of sites in the UK which would be protected. Our provisional plan is to enshrine the protection of our most valuable cultural sites and property in international law through general protection listing status. This general protection is likely to extend to buildings, historic gardens and parks of grade 1 or category A status, cultural world heritage sites, nationally important collections in museums, galleries and universities, as well as the National Archives and our five legal deposit libraries. We will also consider the submission of our world heritage sites as candidates for enhanced protection. We plan to decide this list by means of a panel of cultural experts and key stakeholders. The interesting points made by the noble Baroness, Lady Young, will inform our implementation and I will consider carefully her idea of a round table. As noble Lords know, I find such meetings extremely useful, as does the Culture Minister my honourable friend Ed Vaizey, a veritable knight of the round tables.
The noble Earl, Lord Clancarty, also asked what cultural property is, so I hope that he finds this explanation helpful. He went on to ask about the impacts and changes felt in Germany following the 1999 measures, as well as the UNESCO climate change report and the UK’s response to it. I will have to write to him once I have had a look at Hansard. I have a personal interest in this as I come from a village close to Stonehenge, and indeed we have often debated the need for the proposed investment in the A303 to protect that extraordinary five-star site.
My noble friend Lord Renfrew asked what we could do to ensure that the destruction of cultural property is viewed as a war crime. The International Criminal Court Act 2001 already makes it an offence to direct attacks at certain buildings and monuments, and under the Geneva Conventions Act 1957 extensive destruction of property and attacks on certain monuments are grave breaches of the convention, which of course is punishable by up to 30 years’ imprisonment.
The noble Lord, Lord Redesdale, suggested the formation of a digital archive. I note that interesting proposal, and I thank my noble friend Lady Berridge for the keen interest that she has taken in police resourcing. The responsibility for decisions on operational matters of course lies with chief constables, but the National Police Chiefs Council has recently established a national network of heritage and cultural property crime liaison officers and is working to raise awareness of cultural property crime right across all police forces. She and other noble Lords asked about police funding, a point which also came up in our useful debate in January. Since then, police funding has been ring-fenced in line with inflation with an increase of £900 million by 2019-20 and the Chancellor has made a generous settlement for important cultural property protection where illegal sales can fund the most appalling regimes and crimes, a point that was extremely well made by the noble Lord, Lord Redesdale. The noble Lord, Lord Stevenson, talked about enforcement in prosecutions. There has recently been a case leading to prosecution. An individual was sentenced to three years and eight months in jail for committing an offence under the 2003 Act, as well as other related offences.
The noble Baroness, Lady Andrews, asked about “breach” instead of “violation”. Breach is used instead of violation because it is a more familiar UK legal term, but I am advised that the meaning is the same. The scope of ancillary offences in the devolved Administrations is not different, but the drafting takes account of the different laws in different places across the UK. My noble friend Lady Berridge asked who would pay the costs of storage and transport. The matter of who will pay associated costs will have to be determined on a case-by-case basis. The DCMS will work closely with any museum if that need arises.
Finally, to come back to the cultural protection fund, the British Council will be responsible for managing the grants process and will draw in additional expertise for project selections. The noble Lord, Lord Redesdale, asked about the British Museum’s £3 million and funding for future years. As I am sure he knows, it has not yet been allocated. Of course, the British Museum will be able to apply when applications are invited. The cultural protection fund will be open for bids later this month, and the Blue Shield organisation will be able to apply to this.
I have sought to answer the main questions. We will write where I have missed important points. This in reality is a good time to consider UK ratification of the convention, even if the reason—the great increase in devastating and mindless destruction of priceless, important artefacts—can only be a matter of great sadness. We in the UK must do our bit to counter the appalling destructive forces at large and to protect the world’s heritage. I commend this Bill to the House.