Cultural Objects (Protection from Seizure) Bill

Chris Clarkson Excerpts

2nd reading
Friday 10th September 2021 Commons Chamber

[Dr James Davies (Vale of Clwyd) (Con)]

It is a pleasure to follow my hon. Friend the Member for Keighley (Robbie Moore) and to stand in support of this Bill, brought forward by my right hon. Friend the Member for Central Devon (Mel Stride). This is a practical Bill that serves a straightforward purpose, but it will I hope have positive consequences for many people across the country. The closure of so many cultural venues over the past 18 months has highlighted to us all how lucky we are in this country to have access to some of the world’s greatest museums and exhibitions. Thanks to our world-leading vaccination programme, we are now at the point where these places are once again welcoming visitors, and I am keen to provide support in any way that I can, including via this Bill.

While our national institutions own many of the artefacts that are displayed or restored, many pieces here for a short time travel from overseas. The provisions within the Bill, as we have heard, will reassure the lenders of those objects and in turn safeguard the ongoing exchange of cultural artefacts between the UK and partners throughout the world.

Under section 134 of the Tribunals, Courts and Enforcement Act 2007, cultural objects on loan from abroad to British museums and galleries approved under the Act are protected from seizure or forfeiture for 12 months from the date the object enters the UK. Disruptions caused to international travel during the pandemic created problems whereby loaned objects due to be returned to their country of origin were unexpectedly delayed in Britain. These objects were left at risk of being unprotected, should the 12-month limit have expired before the borrowing institutions could arrange for their return. Similarly, we have seen environmental factors such as the eruption of unpronounceable volcanos.

[Chris Clarkson (Heywood and Middleton) (Con)]

It is pronounced Eyjafjallajökull.

[Dr Davies]

Very well done. Hansard now needs to type it up, of course. Such environmental factors can pose a risk to the timely return of cultural objects on loan from international lenders. While the risk of seizure and forfeiture is extremely small, a number of countries place significant importance on the security of such protection. The Bill will provide greater certainty over the protection available, with the knowledge that it can be extended by up to three months at the discretion of the relevant Minister. It is hoped that, as a result, the confidence of owners of loaned objects will increase, providing a boost to the UK’s exhibitions sector and ensuring that this country continues to be recognised as a leader for the display of culturally significant artefacts. I support the Bill.

Cultural Objects (Protection from Seizure) Bill

Chris Clarkson Excerpts

Report stage
Friday 28th January 2022 Commons Chamber

[Julie Marson]

I absolutely agree with my hon. Friend. It is amazing how we are coming out of this pandemic with a lot of support from the Government to the cultural sector, but as we come out of this pandemic, galleries and museums will effectively be competing for business with all sorts of other attractions. The certainty offered by the Bill will enable museums across the world to lend to each other with confidence, and that can only help with the important task of getting our cultural sector back up and running and making that economic contribution to the country that it always has made, and we hope it will continue to grow.

I remember—vaguely—one of the first major cultural exhibitions, which was the Tutankhamun exhibition in 1972. It began the phenomenon of great big blockbuster exhibitions, and from then they have gone from strength to strength. I think there were 1.6 million visitors to that exhibition. There were pictures of people queueing around the corner of the British Museum. That was what sparked this whole thing, and it is a vital part of the business model of museums and galleries. Exhibitions attract tourists and visitors, increase the cultural importance of institutions, attract sales in gift shops and so on—an important part of the business model—and they attract sponsors.

The impact of large exhibitions cannot be underestimated, and their contribution goes beyond money: they are extremely important to inclusivity in the cultural sector. Many people in this country cannot afford to go abroad to see important artefacts, so to bring them to this country could and should be seen as part of the Government’s levelling-up agenda, by enabling everybody to see them. Many museums and galleries are free; sometimes people have to pay for the exhibitions, but it is about the accessibility to things that people, particularly young people, could not otherwise see.

We have seen some fascinating exhibitions focusing on LGBT history and culture, and they are not exclusive. We had an amazing David Bowie exhibition a few years ago, which was hugely popular—I think one of the most popular in the past 20 years. Exhibitions are not exclusive; they are very inclusive. If people want to see indigenous Australian art or African art, those are important things that can be achieved only with the security this Bill helps to provide.

[Chris Clarkson (Heywood and Middleton) (Con)]

My hon. Friend makes an excellent point about this being part of the levelling-up agenda. Does she also agree that it is a pretty powerful symbol of global Britain?

[Mr Speaker]

Order. I have been quite lenient, but this should not become a political broadcast for what the Government are doing. We have to be careful. I know it is Friday and we are a bit more relaxed, but we must try. This is about seizure of objects, and I have allowed all the exhibitions and everything, but we must be a bit careful that we do not totally make this about patting the Government on the back for everything they are doing.

--- Later in debate ---

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

Many thanks to my right hon. Friend the Member for Central Devon (Mel Stride) for introducing the Bill and for speaking so eloquently about it today. Indeed, I thank all those who have contributed to today’s debate.

The Bill will provide an important improvement to an already worthy tool, which is used by many of our fantastic cultural institutions across England and Scotland. The useful recap that my right hon. Friend provided, setting out the history of how immunity from seizure legislation was first arrived at in the UK, was very important. It emphasised the confidence that such measures have built, and the willingness and trust that our international partners now have when they lend their objects for temporary exhibitions in our approved museums and galleries.

Many international lenders require immunity from seizure protection when they loan cultural objects to other countries as a matter of course, and it is often an uncompromisable condition of their loan that the object is protected in that way during its stay. If that condition were not met, we would risk not having those very objects that we want to come here. The protection provides a legal assurance that a lender’s objects will be protected from court-ordered seizure for a limited period while in the UK. Many countries have their own similar version of immunity from seizure, for the same reasons, enabling us to lend abroad.

The process that sits behind immunity from seizure protection is necessarily robust. To use the protection, museums and galleries must go through a rigorous application process to attain approved status. That involves demonstrating that they are an ethical organisation, that they follow proper due diligence processes for examining the history of loans in, and that they will not borrow items if there is any suspicion that they were stolen, looted or illegally obtained. For the protection to apply to objects they are borrowing, approved institutions must also publish detailed information about such objects at least four weeks before the objects enter the UK. That diligent work is all part of the high standard of professional practice that our museums carry out as part of their loan procedures. It is fantastic that 38 museums and counting have achieved immunity from seizure approved status. That is a testament to their excellent track records and their continued commitment to upholding the highest standards of due diligence.

Many Members highlighted the very important fact that this is not a London issue. Many museums that provide the service are outside London, including Manchester Art Gallery, the National Museums of Scotland, Wolverhampton’s museums and museums in Liverpool, Norfolk and elsewhere around the country. Therefore, the important points made by my hon. Friends the Members for Hertford and Stortford (Julie Marson), for Vale of Clwyd (Dr Davies) and others about this not being a London issue are very well taken and noted. My hon. Friend the Member for East Surrey (Claire Coutinho) highlighted that fact by giving specific examples of where the protection has already meant we have had loans from incredible institutions around the world, with many more coming this year.

Many Members also mentioned, rather interestingly, the issue with the Icelandic volcano. I did note, however—maybe you can help, Mr Deputy Speaker—that none of us were actually brave enough to name the volcano.

[Chris Clarkson]

May I just check? Is the Minister referring to Eyjafjallajökull?

[Nigel Huddleston]

There’s always somebody, isn’t there, Mr Deputy Speaker? [Laughter.] I was just about to say that, but there is no point anymore.

Several Members, including my hon. Friends the Members for Stourbridge (Suzanne Webb) and for South Cambridgeshire (Anthony Browne) and others, mentioned their memories, decades later, of visiting the Tutankhamun exhibition or even just watching the news coverage of some incredible exhibitions. That shows the importance and embeddedness of these events and the impact they can have on us, in particular when very young.

The 12-month limit of protection was an issue raised specifically by approved museums and galleries during the more restricted periods we all faced during the pandemic. What would happen to loans approaching 12 months if coronavirus measures and global travel delays meant the borrower could not return them in time, despite all their efforts to comply with regulations and to satisfy the owner’s conditions of the loan? The issue is most relevant to our approved museums and galleries in England and Scotland, as the current users of immunity from seizure protection. As the world begins to feel a little more certain again, I am sure that the recent experiences have taught us to expect the unexpected. As we continue to support the sector’s recovery, it is important that we consider measures such as this. An option to extend the length of time that objects can be covered by immunity from seizure is a sensible contingency to have, especially in uncertain times.

The proposal for such extensions to be considered on a case-by-case basis where needs arise is welcomed, as it will allow for some flexibility. Assessing scenarios in that way will also help to ensure that the extensions are used only where absolutely necessary, and that in the majority of cases objects on loan to approved museums in England or Scotland are returned in a timely manner and within the standard 12 months.

Several Members, including my hon. Friend the Member for Loughborough (Jane Hunt), raised questions about guidance and when that would be implemented. Policy guidance for museums on how they should apply for extensions and in what circumstances is in development at an official level and will be a collaborative effort with officials in the Scottish Government to ensure they provide succinct practical steps for approved museums to follow in the event that they cannot return objects in time. It will set out broad examples of acceptable circumstances where an extension protection may be justified, for example where long-term national or international travel disruption is expected to last beyond the expiration of the 12-month loan period.

As I have said, it is regrettable that the Bill will not have effect in Northern Ireland and Wales. There are currently no museums in Wales and Northern Ireland approved under the 2007 Act, but the Bill does not change their ability to apply for approved status in the future, and of course any objects loaned by approved museums in Northern Ireland and Wales will be covered by the standard 12-month period available to all approved museums.

The Government are content that the drafting of the Bill offers the best protection to cultural objects. I am pleased, therefore, to confirm once again that the Government welcome and support this private Member’s Bill, and I thank my right hon. Friend the Member for Central Devon for introducing it.