Cultural Property (Armed Conflicts) Bill [Lords]

David Burrowes Excerpts

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

[Karen Bradley]

I hope that we will get through this evening’s proceedings and the Committee stage with great speed, and that we will therefore have Royal Assent very shortly.

The Culture, Media and Sport Committee heard evidence from a variety of experts and stakeholders. The Committee warmly welcomed the Bill, and we carefully considered the recommendations made in its report.

The Bill is part of a wide package of measures that this Government have brought in to protect cultural heritage and become an international leader in this field. Earlier this year, we launched a cultural protection fund that is being administered by the British Council. Over the next four years, organisations will be encouraged to apply to this £30 million fund to support projects that will foster, safeguard and protect cultural heritage, particularly in global conflict zones.

In early 2014, the Army established a joint military cultural property protection working group that has been examining all issues concerning military cultural property protection. Earlier this year, my right hon. Friend the Secretary of State for Defence confirmed that the armed forces would establish a military cultural property protection unit. The Ministry of Defence is considering what this unit might look like, taking into account international best practice. As the convention is likely to become an international treaty obligation by early 2017, the MOD anticipates that the recruitment of specialist Army reserves will start in the near future.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I warmly congratulate my right hon. Friend. Six years has been a long wait, but it has been well worth it, and we have now got there. Is it not ironic that part of the topicality of this Bill, and the reason for people’s enthusiasm for it, comes from seeing the horrors of Daesh in Syria and elsewhere, yet it does not fully cover the activities of Daesh because it covers only unlawfully exported cultural property from occupied territories? Without being too greedy, are the Government supportive of looking at future conventions to try to make sure that Daesh comes within the provisions, although the Iraqi and Syrian sanction orders cover the gap?

[Karen Bradley]

I again pay tribute to my hon. Friend’s work in campaigning on this issue. He rightly identifies the fact that sanctions regimes are in place regarding the Iraqi and Syrian conflicts, and touches on the question of Daesh’s standing in international legal circles. We must take great care that we do not deal with one wrong by creating more wrongs elsewhere, but I am happy to write to him about the specifics of the issue.

The convention was prompted by the widespread destruction and looting of cultural property in the second world war. It defines cultural property as 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 traditional works of art, the definition could also include, as was made clear during discussions in the other place, modern or digital types of cultural property such as very rare or unique film or recorded music.

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[Mr David Burrowes (Enfield, Southgate) (Con)]

Speaking as co-chair of the all-party group for the protection of cultural heritage, it is a pleasure to support the Bill. One of the main reasons for establishing the APPG was to support the ratification of The Hague convention and it is great to see the aim fulfilled in the passage of the Bill.

We MPs are probably creating an impression that seems far removed from watching a Formula 1 grand prix, but I would like to draw an analogy. We can share the same enthusiasm as is expressed in Mexico City when the grand prix takes place. Until this Cultural Property (Armed Conflicts) Bill is enacted, the UK is, let us say, at the back of the international grid. That is significant; that is what this is about. We are at the back of 127 countries that have already ratified The Hague convention. We are catching up with those already on the grid that have got away in the race, to ensure that we fulfil our international obligations.

We can recognise through domestic legislation, through our compliance with European legislation, through sanctions and through other legal forms that we have played our part in seeking to hold to account those who are illegally trading in arts and antiquities, but while we were out there seeking to take a lead, just as we did with the cultural protection fund, it was somewhat embarrassing that we were not ratifying The Hague convention. We had taken an international lead in this area in many circles, but we are now playing catch-up in this particular respect. Now we are on the grid, showing that we mean business.

We were at the back of the grid regarding the permanent UN Security Council members. That is particularly significant because the Government have in the past flirted with ratification. I would like to pay tribute to Members who have expressed cross-party concern which has helped to ensure that we have got where we are today. I pay particular tribute to my right hon. Friend the Member for Maldon (Mr Whittingdale), who got behind the wheel. He was there as poacher turned gamekeeper, scrutinising legislation and seeking to bring it to fruition. He responded to calls from across the House. From my limited experience as a Parliamentary Private Secretary in various Departments, I know how difficult it is to make progress in managing the business and get a Bill into a legislative programme in a second Session of Parliament. That is why we must pay my right hon. Friend a particular personal tribute for bringing us up to speed.

Over the passage of time, we benefit not only from the ratification of The Hague convention, but from inclusion of the first and second protocols. That has helped us to get into pole position on the grid with other Security Council members. I hope that speedy passage of the Bill will mean that we get there first—although 60 other countries have got there before us! Still, among the permanent members we will get there first, which is important.

I am not an expert in many things, including arts and antiquities, archaeology or history, but I have developed a particular interest in cultural property and heritage, as I have seen and started to understand the impact of the destruction of such cultural property—yes, in relation to recent scenes in Syria and Iraq, but also, as my hon. Friend the Member for Hendon (Dr Offord) said, what has happened in northern Cyprus. When we visited northern Cyprus, we saw that appalling acts of desecration and pillaging had taken place and not been properly taken account of. Given that it is an occupied territory, we should try to ensure that that happens if any objects come into this country’s jurisdiction.

I am concerned, as doubtless we all are, about human dignity. That is what gets my passions and convictions going. It is important to see the appropriate link between the trafficking of human beings and the trafficking of cultural property. There is the same disregard for people, for their faith, for their community and for their identity. Indeed, there is a cross-over from funds from trafficking providing further resources for exploitation—whether it be of property or of human beings. It is therefore appropriate that the Secretary of State introduced the Bill today, given that she guided the Modern Slavery Act 2015 through the House so well. She will fully appreciate the connections that I mention and the concern for human dignity.

As museums and other such places see architectural monuments, works of art and manuscripts mainly as aesthetically significant and pleasing, it is important to realise, as already mentioned, that the destruction and looting of these items is an offence to human dignity. The culturally unique way in which communities relate to their property demonstrates that a property can be much more than an isolated monument or piece of art. It can be very much part of a cultural narrative, authored by the people who live among that cultural heritage. This is what makes the whole issue of cultural property a wider project of concern for us all, particularly when we see the ravages of destruction. As my right hon. Friend the Member for Maldon quite rightly said, within the ravages, the debris and the ruins, we must look at the hope and opportunity of restoration. That is why the cultural protection fund is so important. That is why within the second protocol, although the voluntary fund administered by UNESCO takes some hits from different commentators, it still plays an important role. The funds going into it are important for the future, so we should contribute.

I must pay tribute to Tasoula Hadjitofi. I got to know her through her concerns about her home in Famagusta, which is still frozen in time. With all the pillaging that has gone on, it is as though her whole identity has been frozen. Through the “Walk of Truth”, she looks at areas of conflict and sees examples of property being pillaged and destroyed, but she tries to view what has happened as a means of bringing the communities together. She provides routes to reconciliation, which is something that we should commend.

I welcome the fact that at last the UK will be able proudly to bear its international duty to protect. My interest, as already alluded to, is a constituency interest. A considerable number of Cypriots live here in the UK, who have seen for themselves wanton destruction and pillaging of their heritage. That is why it is so important that we join together and make sure that this long-fought battle to ratify The Hague convention comes to fruition. We look forward to the unification of Cyprus in the long term, but in the meantime, we must make sure that people are held to account when they seek to profit from the proceeds of crimes of destruction.

Let me touch on the Bill’s wording, which has been a matter of concern to the Association of Art & Antique Dealers and others. Clause 17 in part 4 needs careful attention, and we will no doubt hear more from Members about it. It is worth noting that the National Police Chiefs Council lead for heritage and cultural property crime, who should be commended and for whom resources for the enforcement effort are important, said that given that dealers in cultural property are expected to conduct due diligence checks, they would be unlikely to fall foul of the objective test of “reason to suspect”. The Department for Culture, Media and Sport impact assessment is in agreement with that, which is perhaps not surprising.

We could also look at precedents. Section 338 of the Proceeds of Crime Act 2002 is relevant, and honest dealers have been able to rely on the same form of words: “reason to suspect”. It is not dissimilar to the Dealing in Cultural Objects (Offences) Act 2003, which makes reference to the terms “knowing or believing”. It is similar, too, to the sanctions order referenced in respect of Daesh, both the Iraq sanctions order and the Syrian sanctions order, while there is also the example of article 11c in the EU Council regulations. Again, the language is similar, mentioning “reasonable grounds to suspect”, so there is parity with the Bill.

Other countries have enacted the ratification of The Hague convention in their own domestic law, and the wording of section 17 of New Zealand’s Cultural Property (Protection in Armed Conflict) Act 2012 in respect of reasons to suspect someone of committing an offence is similar to the wording of clause 17 of the Bill. That is worth pursuing in Committee.

As has been pointed out, the Bill has limitations. For instance, it does not cover the international law definitions in relation to Daesh, because we do not recognise Daesh as a state. I appreciate that, and I appreciate that the gaps are filled by the sanctions orders and other legislation, but now that we are up to speed and in pole position in relation to the first and second protocols, I urge the Government to ensure that we work collaboratively, on a cross-party basis, to create a third protocol to deal with the activities of Daesh.

I pay tribute to the cultural protection fund, and look forward to seeing it do good work in the coming weeks, months and years. I also pay tribute to the work of Lieutenant Colonel Tim Purbrick, who has set up a property protection working group of so-called monuments men. He is doing fine work, and we must ensure that the Ministry of Defence gives his group all the support that it needs.

I could go on, Mr Speaker. I have a long night’s sleepout waiting for me at Lords cricket ground in support of the good work of the homelessness charity DePaul UK. However, I recognise that other Members probably do not want such a long night, and would prefer me to cut my speech short. Let me end by saying that I strongly support the Bill. We have waited a long time for it, but better late than never. It is certainly worth it, because it protects not only property but human dignity.

Cultural Property (Armed Conflicts) Bill [ Lords ] (First sitting)

David Burrowes Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 15th November 2016 Public Bill Committees

[Tracey Crouch]

I am not an expert on Scottish law, but I can answer that question. There is no equivalent provision in relation to Scotland as the position of the Lord Advocate, as master of the instance in relation to all prosecutions in Scotland, means that such a provision is unnecessary.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clause 8

The cultural emblem

Question proposed, That the clause stand part of the Bill.

[Mr David Burrowes (Enfield, Southgate) (Con)]

It is a great pleasure and a privilege to take part in the proceedings of the Committee, not least as I am co-chair of the all-party parliamentary group for the protection of cultural heritage. I will not say too much, not least because I do not have much a voice, but I will say that this a particularly uncontentious part of a relatively uncontentious Bill.

I draw particular attention to the emblem of the blue shield, which is, as we know and as has already been mentioned by the hon. Member for Cardiff West, a symbol used to identify cultural sites protected by the convention and the personnel engaged in protecting such property. I also draw attention to the work of the Blue Shield network, which provides support in the promotion of the ratification of the convention and its protocols, as we are doing today. It is also part of the International Committee of the Blue Shield, which is a voluntary NGO, but one that has already been said to be the equivalent of the International Red Cross and Red Crescent Movement, and it needs to be given proper status and support.

The International Committee of the Blue Shield provides an unrivalled body of expertise, which allows the organisation to collect and share information on threats to cultural property worldwide. This is a hugely significant organisation that encourages the safeguarding and restoration of cultural property and raises national and international awareness of cultural heritage. It also provides an important focus for the promotion of not only the ratification but the implementation of the convention, and its work with the Government and with other countries, in terms of the protocols and the convention, is no doubt ongoing. It is worth noting in the submissions to the Committee the support for the Bill from the International Committee of the Red Cross and the offer to support the Government in the promotion of the blue shield emblem, which it has done so admirably with the red cross. I would be interested to hear from the Government on the progress of that in terms of social media and other forms of media that have developed in the 60 years since the introduction of the convention.

[Kevin Brennan]

The hon. Gentleman’s contribution and expertise in this area are welcome in Committee. When reading the Bill, one issue of interest is the threshold for a cultural object to pass muster under the convention and the Bill, and therefore presumably be covered by the cultural emblem. In the UK, what sorts of object or building will be covered, or, of just as much interest, might not be covered? If we are to raise awareness among the general public of what the Bill means, it is important that there is some idea of how and where that line is drawn.

[Mr Burrowes]

The hon. Gentleman is generous to call me an expert; I do not think I am a great expert at all. My interest in the subject arose not least from a background of concern around trafficking and the links to trade of human beings within property and a concern about the human value, which is aligned with the property value when we get the destruction we have seen by Daesh and other organisations in occupied lands.

I am encouraged by the Minister’s response to a question already raised that we will no doubt return to: there will be proper engagement with stakeholders and consideration of experts’ views around how we ensure there is proper focus. In one sense, that needs to be wide, as the definition in the convention is, and the purpose of the Bill is to ratify the convention and the definition in article 1, which is properly wide and recognises such categories, while providing sufficient reassurance to the trade and others around the practical implementation of that not just in the Blue Shield committee but beyond, with the Government engaging actively to ensure that proper guidance on implementation is set out. I will return to the clause before I get called out of order by the Chair.

I also want to refer in particular to the UK part of the network, the UK Committee of the Blue Shield, ably chaired by Professor Peter Stone, who is also the 2016 UNESCO chair in cultural property protection and peace. We are well placed in this country to help take the lead on the blue shield programme and provide that important conduit of expertise that draws in the military, Red Cross and UNESCO as observers for that committee. Along with charities and heritage protection organisations across the UK, we are helping to provide a lead in this area.

It is important to recognise that the UK committee has been on the case for some years. Since 2003, Peter Stone has been urging successive Ministers and Committees to do what we are doing today to ratify the convention and both protocols. I draw attention to his submission, in which he makes a pitch for the UK to take a lead internationally, certainly among the permanent members of the Security Council, in ratifying the second protocol and in

“funding a small, permanent office for the Blue Shield”,

which, despite its huge significance, is a voluntary, unfunded international non-governmental organisation.

To achieve cultural equivalence with the red cross, the blue shield needs money and resources. Will the Minister respond on how we will provide that further support and partnership work with Peter Stone’s Blue Shield committee, and recognise the added momentum given to Blue Shield’s work by this Committee’s process of ratification, not least of the second protocol? The easy answer she can give is to join us in commending the great work of Blue Shield.

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[Kevin Brennan]

The hon. Lady raises a valid point. I accept that this was discussed when the draft Bill was considered in 2008, but that Bill did not come before the House in a final form. It is very reasonable to explore whether the Government will consider publishing a list of the territories that they consider occupied during the relevant period since 1954. It would be extremely useful.

Clearly, it is not always going to be easy to ascertain when an object left a particular territory, although we have already clarified that we are talking about a very small number of very important movable objects that might have been removed from a territory, and that in itself should set off alarm bells with any dealer. If it was an object of such cultural importance that it would be covered by the legislation, people would naturally take extra precautions to ensure that the object had not been removed illegally from a territory during a period of armed conflict and occupation. However, it is perfectly valid to ask why the Government are unable or unwilling to produce a definitive list of territories that have been under occupation during the relevant period. Perhaps the Minister could enlighten the Committee further on the Government’s thinking.

[Mr Burrowes]

I want to raise an issue brought up on Second Reading and in the other place, about the Bill’s applicability to non-state actors, particularly in relation to Daesh, which has prompted a huge wave of concern about cultural property destruction and added an extra dimension to the process that we are in of ratifying the convention and protocols. I am particularly grateful to the Secretary of State for clarifying the categories in the Bill that are applicable and for clarifying where the UK can prosecute.

The Hague convention already extends to non-state actors, and the offences in article 15 of the second protocol may be committed by non-state actors in non-international armed conflicts. The question is how that will be prosecuted. As Syria is not party to the second protocol, there is no possibility of prosecuting the most serious offences in article 15. However, there is scope to prosecute UK nationals involved in Daesh under clause 3 of the Bill.

Is there evidence of UK nationals being involved in such damage or in stealing cultural property in Syria? If there is, we will be able to prosecute them for those heinous crimes after the enactment of the Bill. Many of us, including the UNESCO chair, consider such acts to be on the same level as a war crime, and they need to be dealt with appropriately and punitively.

[Tracey Crouch]

I am grateful to colleagues for raising a number of important issues. I will respond as best I can.

First, I remind the Committee that this law is not solely concerned with dealing in cultural property; it is about protecting cultural property at home and abroad. We need to keep reminding ourselves of what we are trying to achieve with this Bill. That said, some important issues have been raised.

Colleagues will appreciate that extremely sensitive foreign relations issues are in play when drawing up a list. It is important to reiterate the point made by my hon. Friend the Member for Kensington that the Government are not aware that any of the other 127 state parties to the convention have produced a list of territories that they consider to be or to have been occupied since the convention came into force in 1956. In practice, very few territories are likely to be deemed to be or to have been occupied within the meaning of the Bill. The amount of cultural property from such territories that dealers are likely to come across is expected to be extremely small. That said, I realise that there are concerns.

Legal advice will be available to those who have concerns. If in doubt, dealers can seek appropriate legal advice from a solicitor or barrister who is familiar with public international law. The Bill does not impose any requirements on those who deal in cultural property beyond the normal due diligence that they should carry out in accordance with industry standards, such as the code of practice for the control of international trading in works of art. In the event of legal proceedings, the burden of proof will be on the prosecution to show that the person knew, or had reason to suspect, that the cultural property had been unlawfully exported from an occupied territory.

We will discuss the wording later, but I remind the Committee that the Government will not be publishing a list of occupied territories. It will be determined on a case-by-case basis. Anyone who has a question or any doubt can seek appropriate legal advice. Like the other 127 state parties to the convention, we have no intention of publishing a list.

Cultural Property (Armed Conflicts) Bill [ Lords ] (Second sitting)

David Burrowes Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 15th November 2016 Public Bill Committees

[Kevin Brennan]

It is a great pleasure to serve under your chairmanship, Mr Turner. You missed an exciting sitting this morning, when the Committee Room was fizzing with debate on all sides—I am sure that it will be the same this afternoon. It is appropriate that you should be in the Chair, because I know that, as well as representing the Isle of Wight and its great cultural treasures, as you do so assiduously, you are originally from Coventry. The subject of the Bill was initially born of the experiences of world war two, when the cultural treasures of cities across Europe, such as Coventry and Dresden, were destroyed terribly by bombing. I am sure that the Bill will be close to your heart, and it is therefore appropriate that you should be chairing proceedings this afternoon.

Along with amendment 7, which was tabled by my hon. Friend the Member for Tooting and me, we are discussing amendment 1, which was tabled by the hon. Member for Kensington, who I am sure will want to speak to it in due course. We are all trying to tease out from the Government exactly what they are trying to achieve with this part of the Bill and what the practical effect of clause 17 will be on people who are dealing in cultural items when they have to operate under the Bill’s provisions.

Amendment 7 is another probing amendment, because we want further clarity on the Government’s intention. It proposes removing the phrase

“or having reason to suspect”

from the clause, which is on the offence of dealing in unlawfully exported cultural property. Some concern has been expressed about that particular phrase because of the so-called mens rea—I understand that is what lawyers call it—meaning the intention of someone accused of committing a criminal act of some sort. Would having that phrase in the clause affect honest people who are simply trying to do their job? Will the clause achieve what the Government undoubtedly intend it to achieve, which is to unambiguously target those with criminal intent?

Labour Members are supportive of the Bill, but as it stands the clause creates concerns that there would be a risk that a dealer or auction house might face a criminal prosecution when conducting what they would describe as honest due diligence.

[Mr David Burrowes (Enfield, Southgate) (Con)]

As I am a lawyer, anyone who mentions mens rea will make my ears prick up and get me excited after lunch. The shadow Minister mentioned the need to consider the practical effect, which is the important issue. Will he give an example of the practical effect that goes to the heart of both his amendment and that tabled by my hon. Friend the Member for Kensington and that would not be dealt with already, not least under the sanctions orders that cover Iraq and Syria, which are already having practical implications?

[Kevin Brennan]

I am very interested to hear what gets the hon. Gentleman excited after lunch, or indeed at any time of the day. To answer his point, I am sure he is anticipating what the Minister might say in response, but I shall rehearse the issues a little as I go through my remarks. It is important that we get these points on the record and air the concerns of those outside the Committee so that the Minister has an opportunity to respond. As I said, this is a probing amendment. At the end of our debate we will withdraw it, because we have sympathy with the point that the hon. Member for Enfield, Southgate makes. However, I want to ensure that the concerns expressed to us in representations are on the record and have been rehearsed.

Although a conviction might ultimately be avoided, no one wants to take a chance on the possibility of people being prosecuted, with all the reputational damage and cost that could be involved. Concerns have been expressed that the result could be to turn legitimate sales away from the UK, impacting upon the future success of the art market, which is a large industry in this country. It depends, crucially, on persuading sellers throughout the world to use the UK’s services. The British Art Market Federation states that its members

“are committed to conducting due diligence on artworks before they are sold. This may involve written evidence of provenance, consultation where necessary with external bodies, including databases of stolen objects and inquiries of the vendor.”

It goes on to argue:

“It is rare, however, that an artwork, particularly an older one, has an unbroken chain of provenance going back to the time it was created. It is also rare that there is comprehensive documentary evidence to support provenance, particularly the further back in time it goes.”

Often that evidence has been lost or perhaps never existed in the first place, as it may have been considered unnecessary at the time.

The retention of documents or records has assumed greater importance in recent years, as more and more claims have been made for the restitution of works of art that were looted during the second world war. Until relatively recently, owners rarely retained copies of export licences. As I understand it, the practice was that they were surrendered to customs authorities at the time of export. Even the authorities themselves did not retain such records beyond a limited time. I am told that objects that were legitimately exported many years ago, even from the UK, routinely lack such documentary evidence that might prove the provenance.

The argument has been put to the Committee that the absence or paucity of documentary evidence does not necessarily indicate that an object is of illicit origin. Due diligence, in practice, can therefore usually come down to trying to make judgments on the legality of an object and therefore whether or not it can be legally sold. As I am sure the hon. Member for Kensington will remind us, the BAMF is not the only body with a behavioural code. The Antiquities Dealers’ Association also has a code of practice that is meant to ensure that dealers buy and sell in good faith. Against that backdrop, it argues that clause 17, as drafted, could present its members with some difficulties.

It was pointed out on Second Reading that other offences dealing with crimes of dishonesty—for example, offences under the Dealing in Cultural Objects (Offences) Act 2003—opt for the phrase “knowing or believing”. Some argue that that phrase would be superior to the one used in the Bill, as there is a difference between having knowledge and acting in spite of it, and not having sought out that knowledge in the first place. Current principles indicate that under current law the former would be a criminal offence and the latter, although it would be frowned upon, probably would not meet the bar of being a criminal offence.

The BAMF argues that changing the phrasing of mens rea in the Bill to include the phrase “having reason to suspect” muddles the legal principle and could create ambiguity, and therefore the opposite outcome to the one we all want. It suggests that those who have acted criminally could be emboldened to exploit the muddled language to avoid conviction, while legitimate operators would be put off buying and selling by the potential of a criminal conviction. The issue has been raised many times during the passage of the Bill, so this is a probing amendment to understand fully why the Government have not responded and changed the wording.

From memory, the Secretary of State said on Second Reading—I will check the record when I sit down—that she would go away and consult the Minister and others to see whether the Government should take on board the concerns expressed on the Floor of the House and in the other place and then offer an amendment. I would be grateful if the Minister, when she responds, could indicate whether the Secretary of State has fulfilled that commitment and what the outcome of those discussions was.

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[Mr Burrowes]

It is a pleasure to take part in the debate on clause 17, which drew a lot of attention from both Government and Opposition Members on Second Reading, as well as in the other place and among the all-party group on the protection of cultural heritage. I welcome the involvement and contributions of the Antiquities Dealers’ Association, the British Art Market Federation and others, which have drawn their expertise to the Committee’s attention in their submissions. I very much respect their concerns, amplified by my hon. Friend the Member for Kensington, about mens rea, which, as I said earlier, gets me interested.

Were one to have a blank canvas—I suppose this is an appropriate forum in which to discuss canvases—there would be an even greater weight to the argument. As a criminal lawyer, when I look across the family of dishonesty-type offences, I will plainly be looking at the state of mind. In the normal course of dishonesty-type cases, one would look to ensure that there is a subjective test that is consistent not only in terms of enabling a prosecution, but with an eye to how the judge would distinguish between or collate the subjective and objective elements in the summing up to the jury. I appreciate that everyone wants to ensure that prosecutions under the Bill are successful.

Having said all that, although I accept that there is genuine concern about the potential effect on the market, I say, respectfully, that it has been somewhat overstated. Given that we do not have a blank canvas, the idea that the implementation of the Bill will cause such repercussions on the market has been overstated. Elements of the canvas are relevant and show things working, albeit in a slightly different form. The Syria sanctions order and the UN’s Iraq sanctions order are relevant and give some texture to enable us to recognise that a precedent has been followed in relation to this particular element of the subjective and objective tests.

One can also look further afield. We can have our own views, but to give a sense of balance, if one looks at the recent written submissions to the Committee, some significant views have been brought to our attention. Mr Michael Meyer is head of international law at the British Red Cross, a respected body of international import when one is dealing with issues of international humanitarian law. In his written evidence, he makes the point that the British Red Cross is a neutral body that is keen to maintain its neutrality—the commonality of that view was shown in both this House and the other place.

In paragraph 5 of his submission, he outlines some concerns that have also been raised in this debate. He then says:

“However, it appears that, in practice, the clause should place no greater burden on dealers than already exists to conduct appropriate due diligence. In other words, the threshold of ‘reason to suspect’ is not so low as to have an adverse impact on the legitimate market, while at the same time acting as a necessary and suitable deterrent for those who may be less scrupulous. The wording is somewhat similar to that used in the existing Iraq and Syria sanctions orders. There is also very similar wording found in section 17 of New Zealand’s Cultural Property (Protection in Armed Conflict) Act 2012.”

Interestingly, the latter Act also dealt with the ratification of The Hague convention.

The written evidence from Peter Stone, the UNESCO chair in cultural property protection and peace, to whom I have referred previously, asks the Committee not to amend the Bill. He draws attention to clause 17 and prays in aid the note submitted by Professor Roger O’Keefe of University College London law school, who was involved in scrutinising the draft Bill before the Culture, Media and Sport Committee. He, too, very much supports the current wording and suggests that appropriate due diligence and legal advice can deal with concerns.

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[Kevin Brennan]

We were discussing new clauses 1, 4 and 5. Before the Division bell rang, I was saying that the Metropolitan police does not have many special resources for the long-term storage of cultural property during legal proceedings and asking the Minister whether any more resources will be provided to the Metropolitan police unit, or whether it is intended that, should items need to be stored, they will be stored somewhere else in a specialist environment, such as the British Museum.

That brings me to museums, galleries and archives, some of which receive public funding. Baroness Neville-Rolfe stated that while she was slightly open-minded on the topic, she thought it generally inappropriate for establishments to display artefacts deposited there for safekeeping. Does the Minister feel that that rules out the possibility of museums, galleries, archives and the like covering the costs of safekeeping, if they want to put items on display, by charging for entry to see them? Again, I am not advocating that, but I wondered if that was a point that the Government had in mind. How should these sorts of institution be funded if they have to perform that task?

Furthermore, the question of joined-up governance returns. How will information pass between the agencies involved in enforcing the Bill? That is especially relevant in relation to the private military contractors and embedded soldiers mentioned previously. Institutions are not as homogeneous as one might think. In essence, the new clause asks how the Government plan to facilitate giving already fairly thinly stretched institutions more to do without any additional resources.

New clause 4 aims to probe the Government on the methods and criteria used to determine which items of cultural property are chosen for protection under the Bill. We have heard in previous debates how the value of cultural property is bound up in both money and morale. Its destruction is therefore used as a weapon of war; it is an attack on people’s pride and identity, and a method of funding further warfare.

There has been cross-party agreement that the importance of cultural property and heritage is a holistic matter. That understanding is crucial to the success of the Bill, but it also poses a challenge when designing criteria. We already have systems of classification for our heritage worldwide, such as designated world heritage sites, and in the UK, such as grade I listed buildings. Can the Minister explain how these criteria in various fields will be joined up, how objects in fields that do not necessarily have an internal ranking system will be incorporated, and which heritage bodies will be consulted in the process?

We said earlier that these cultural objects have to be of great importance and significance, but how one judges that is perhaps ultimately a matter of taste. For example, there are some—I am not necessarily among them—who think that Buckingham Palace is a particularly bad example of botched architecture, and that the way that it was converted to give it its current façade was the 19th-century equivalent of using concrete cladding on a house. However, one would expect a building of such eminence—it also contains significant artworks—to be a cultural object of significant importance, and to be covered by the provisions of the Bill. I mentioned grade I listed buildings. How far down the grades of buildings are the Government willing to offer protection under this legislation? In other words, can they give us some idea of how limited the protection is likely to be under the Bill?

Laying before Parliament a report that outlined a list of properties protected by the Bill would allow for crucial debate and discussion. As I mentioned at the outset, perhaps MPs could bid for the inclusion of an item of cultural property in their constituency that is of great importance to not just them and their constituents, but all peoples of the world. I would say that Llandaff cathedral in my constituency, which was bombed and badly damaged in the second world war, and which has an extremely beautiful and important modern statue by Epstein, is a piece of cultural property that should be of importance to all people. It is difficult to know where the threshold will be in the Bill, so I am interested to know how the Government will liaise with experts from various fields to ensure that adequate measures are taken. Preparing this report will ensure that the public and their elected representatives feel content that their precious heritage is covered. Can the Minister explain how the qualifying artefacts will be determined and what say, if any, the public would have in that process?

New clause 5, which is in my name and that of my hon. Friend the Member for Tooting, seeks to ensure the transparency and accountability of the cultural protection fund. We want to probe how the Government plan to provide for this fund, how it will be resourced and how its different parts will be joined up. We are happy that the Government have committed to giving the fund £30 million over four years, and have set out a timetable for bids and consultation on the fund. Do they have a view on the level of their commitment to the fund following the initial four years? Though the £30 million is welcome as a start, the fund’s aims are ambitious. Are there plans to enhance that level of funding?

The fund 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.”—[Official Report, House of Lords, 6 June 2016; Vol. 773, c. 584.]

The proposed report would allow Parliament to monitor whether more funding was required to fulfil those ambitions, as I suspect it might well be.

We certainly welcome the co-operation between the Department for Culture, Media and Sport and the British Council, and agree with the consultation’s conclusion that the British Council’s network and management experience excellently complement the expertise of the heritage industry, and that this collaboration is important to the fund’s success. Can the Minister tell us more about that, and especially about training and resource sharing between those institutions? I understand that the Government have indicated that they are involved with the British Council in developing a long-term strategy. With regard to the long term, the report proposed in the new clause could facilitate debate about the future resource needs of the fund; what countries and technologies should be focused on; and striking a productive balance between providing emergency support for cultural property in areas of armed conflict and supporting the safeguarding of items in peacetime.

There are, of course, many parties that those running the fund will need to liaise with in order to accomplish this, including non-governmental organisations, the military, police, Border Force, museums, archives and galleries—all those bodies that I mentioned previously. I reiterate the proposal made by Lord Collins of Highbury, who argued that the fund’s work, especially on supporting economic and social opportunities through cultural heritage, should be carried out in collaboration with the Department for International Development. Will the Minister indicate whether that will be the case, and outline how the cultural protection fund will relate to the voluntary fund established under the second protocol and run by UNESCO? Again, that is a matter of joined-up government and ensuring good value for money.

As I understand it, the Government have pledged to make sure that the cultural protection fund will be included in their yearly report on this Bill if it is of direct relevance, and that its spending will be scrutinised biannually by the OECD. That commitment is appreciated, but this fund deserves scrutiny in itself, not conditionally depending on its relevance to the Bill. This new clause would provide a mechanism by which the fund’s resourcing and operating could be scrutinised by Parliament, and its impact could thereby be maximised. I look forward to the Minister’s response on new clauses 1, 4 and 5.

[Mr Burrowes]

I want to comment on two aspects of the new clauses. First, I commend Detective Sergeant Claire Hutcheon, who has led the Metropolitan police’s art and antiques unit so admirably, and who is retiring in January. She has done admirable work and gained from experience over many years. Although the unit is small in number, it certainly has the quality. She has spread her expertise around forces across the country, pulled in support and expertise, and shared good practice so that forces do what they can on illegal trade. She has also built up a good partnership with the trade, and there is good understanding and confidence there that needs to be continued. There is some concern that the new office holder may have to start again at zero. There needs to be proper good practice, which might perhaps benefit from the guidance that we might hear about in relation to this Bill. It would be good to hear from the Minister that there is continued support for that unit and for the resources; it has not been up to full strength for some time—I think it is pretty much up to a full strength of about three—but it certainly punches above its weight.

I also want to draw attention to the excellent cultural protection fund, which is in its early stages and has £30 million. I know that the Minister is competitive, and recognises that if we are in competition with France on the ratification of the protocols, we need to get there first, but there is also an issue of money, because François Hollande has announced $100 million as part of the global endeavour to protect cultural heritage. I ask the Minister whether there is support for the global endeavours. The second protocol provides for a voluntary fund for cultural heritage; I understand that that is distinct from our cultural protection fund. Nevertheless, there is an indication, and I hope an intention, that there will be a contribution to UNESCO. It takes its hits and criticisms but, particularly in this regard, we must recognise UNESCO’s pre-eminence and the support for it. I hope that there will be a mechanism that allows for support, particularly from ill-gotten gains, through the recycling of money into the fund. When these crimes are prosecuted, the proceeds could go into a global pot.

--- Later in debate ---

[Kevin Brennan (Cardiff West) (Lab)]

I beg to move, That the clause be read a Second time.

Having made remarkable progress during the day, we have reached our final debate on the Bill and amendments to it. New clause 2, which stands in my name and that of my hon. Friend the Member for Tooting, calls on the Government to set out what its priorities will be in the event that a third protocol to the convention becomes the subject of international discussion. Inevitably, this Bill does look back as we are ratifying The Hague convention of 1954, but as the first two protocols show there certainly is an appetite to ensure that the convention remains up to date, relevant and effective.

One could make many suggestions regarding what a third protocol could specify. During our discussions, two specific questions have been raised repeatedly and would benefit from being marked as UK priorities in the report proposed in the new clause. They are, first, the application of the convention to cultural property in digital form, and secondly, the applicability of the convention to conflicts such as the one in Syria. These are both areas where the age of the convention has started to show and which could be updated in a third protocol.

On Second Reading, I raised a question that many across the House have also asked about how the ratification of the convention would apply to conflicts such as those in Syria and Iraq. The Minister kindly circulated a note—actually, I think it was the Secretary of State rather than the Minister—using Syria as a case study and outlining how the convention and its protocols relate to conflicts not of an international character. I appreciate that, as it helped to clarify a few issues. I welcome the assurance that a UK national involved in the destruction of cultural property in a country that has signed the convention would be criminally liable. That is very important, not least in the light of recent developments. To be absolutely clear—I think we rehearsed this somewhat earlier on—I believe the Secretary of State’s note means the convention does apply during a civil war. The Minister also said earlier that it would apply to both parties in a civil war, even when one of them is not a recognised state. Clarity on that is important.

Ideally, we would need a ministerial note or clarification to explain whether or not and to what extent the convention applies to a certain type of conflict. A third protocol would be an opportunity to aim for a more standardised safeguarding strategy for cultural property worldwide where it is involved in any kind of armed conflict. I think this idea has some cross-party support. The hon. Member for Enfield, Southgate asked in Hansard in column 698—I am trying to remember whether it was on Second Reading or whether it was a question—

[Mr Burrowes]

I cannot remember the column, but it was on Second Reading.

[Kevin Brennan]

It was. The hon. Gentleman asked:

“are the Government supportive of looking at future conventions to try to make sure that Daesh comes within the provisions, although the Iraqi and Syrian sanction orders cover the gap?”—[Official Report, 31 October 2016; Vol. 616, c. 698.]

That is a very good question. A third protocol could offer an opportunity to streamline the law. Instead of plugging the gaps with new legislation, there could be a consistent and indubitable catch-all that would assure the necessary protections for the property most valuable to nations and their identities.

The destruction of cultural property in the middle east has been mentioned many times as one of the motivations for the passage of this Bill, yet the Bill does not apply to so many of those situations. In the light of the work carried out involving the cultural protection fund in that same region, it seems that protecting artefacts in Syria and its surroundings is a priority for us all. The Government acknowledge that too. A report would not only provide a platform to express that, but it could kick-start action to bolster protections and provisions where they are currently most needed.

I and my hon. Friends have highlighted the matter of digital content falling within the definition of cultural property. The Government indicated there should be a certain level of consistency with regard to an internationally accepted interpretation of what cultural property means. They said at the same time that amending the Bill to specifically include digital content could jeopardise that consistency. It seems to me that formalising an internationally accepted interpretation of cultural property that includes things such as digital content would be a crucial component of a third protocol, bringing the legislation firmly into the digital age.

The more consistency there is in both the wording and the interpretation of our international laws, the greater the chance of holding those who violate them to account. Our support of current and developing technologies should be unambiguous and undeniable. Given the importance of our national and regional film archives and that of the precious cultural property currently being created, I hope the Government agree that the protection of digital property should be championed by the UK on the international stage.

We cannot as a country unilaterally decide on the priorities and the announcement of any third protocol to the 1954 convention, but a report on the topics the UK would like to focus on allows for a productive and constructive dialogue on key issues, potentially putting such a protocol on the agenda of the international community. It would also provide the UK with an opportunity to demonstrate its desire both for international co-operation and to show leadership in this area, which I think we should be doing.

Internationally, the UK is in a position in which we are choosing to leave the European Union rather than, as some of us would have hoped, to be a leading player. With the sorts of turmoil we see going on in the world, including on the other side of the Atlantic, this would indicate that the UK can and will continue to work productively and co-operatively with other nations. We may be late in ratifying the convention, after 62 years, but we can show that this is not due to a lack of commitment to its ideals and ambitions.

Does the Minister agree that the two topics we have just discussed, and perhaps others, would be among UK priorities for a third protocol? What other topics might she consider? Do the Government have any plans to work towards developing a third protocol?

Cultural Property (Armed Conflicts) Bill [Lords]

David Burrowes Excerpts

3rd reading: House of Commons
Monday 20th February 2017 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

I apologise for missing the start of my right hon. and learned Friend’s speech—

[Sir Edward Garnier]

That was the best bit.

[Mr Burrowes]

My right hon. and learned Friend does himself an injustice: repetition can be a good thing, if he is right, but it might not be such a good thing if the point is overstated. I refer him to the Iraq (United Nations Sanctions) Order 2003, as well as the EU Council regulation on Syrian cultural property, where the wording is:

“had no reason to suppose”.

That is similar to the wording in the Bill, and I understand that there has been no grave injustice served on those law-abiding, prudent antique dealers who have been observing those provisions.

[Sir Edward Garnier]

My hon. Friend anticipates me: that was the fourth point I was going to make in due course. The difficulty in his making that point—I am grateful that, either through his own research or thanks to assistance from other hon. Friends, he has been able to make it to me—is that those are statutory instruments, which were never debated on the Floor of the House. I am not even sure they were debated in Committee. The whole point about passing criminal legislation that could lead to an individual being sentenced to seven years’ imprisonment or, if a company, to an unlimited fine is that we ought to pass good law. We ought to debate it and we ought to allow an idea to be tested, sometimes to destruction. The Afghanistan and Iraq orders that my hon. Friend talks about have not been tested in this place. The 2003 Act was tested in this place and this Bill is being tested in this place, and if the Government do not enjoy that, well I am sorry for them.

[Mr Burrowes]

My right hon. and learned Friend is dealing with his fourth point, but I wonder whether one of his subsequent points deals with international best practice in relation to United Nations resolutions, including paragraph 7 of Security Council resolution 1483 of 22 May 2003 or Security Council resolution 2199 of 2015, which focus on the same provision of “reasonable suspicion” that is in the Bill, which are obviously binding on all UN members and which are also part of the international legal architecture of our accession to The Hague convention.

[Sir Edward Garnier]

I am sure that my hon. Friend will have plenty of opportunity in the next two or three hours to make his own speech, but I am always very happy to take his interventions. If, however, he looks at The Hague convention—which is being brought into our criminal law by this Bill—he will see that there is no rubric or form of words that are required by that convention to be imported into our criminal law. If we are to base our criminal law on a form of precedent, I would look to the most recent statute, which is the 2003 Act, rather than two undebated and, I think, time-limited statutory instruments. But anyhow, my hon. Friend will no doubt have an opportunity over the next few hours to develop the points that he has thought a great deal about.

I have yet to be persuaded that the Government’s counter-arguments, which I rudely describe as mere assertions, deal with the points that I made on Second Reading. I will not repeat what I said on Second Reading—I know that the hon. Member for Cardiff West, speaking from the Opposition Front Bench, has carefully read what I said on 31 October and recited it every week at the Labour party parliamentary meetings, which is why Labour Members have not attended this afternoon—but I make a serious point: the content of clause 17 sets up two systems, which is to say, actual knowledge, which is fair enough, and “reason to suspect”, which in my view is not fair enough and could lead to the conviction of people for lacking curiosity or being careless, rather than for having the requisite criminal knowledge.

During the meetings, as I say, the Government undertook to find out from the Crown Prosecution Service how many cases had been dropped or not pursued by virtue of what was described as the high level of criminal intent required under the 2003 Act. As I understand it—the Minister will correct me if I am wrong—there is no information to support that assertion. That argument, it seems to me, falls away.

To persuade me and those who think like me who come from the art market rather than from Parliament that this is a perfectly acceptable way to design this clause, it has been said, “Don’t worry; we will produce some guidance to the CPS, or the CPS itself will produce some guidance, which will inform the decisions of the police or prosecutors about whether to prosecute under the ‘reason to suspect’ arm of clause 17.” Of course, we have not seen that guidance, and we do not know where it is or what it will say; neither do we know what its legal effect will be.

I repeat that we are here creating an offence that could lead to somebody being sent to prison for seven years. Now if I am about to be sent to prison for seven years, I would rather like to know why. If I am to be prosecuted—even if I am later acquitted—I would again like to have some clearer information about the basis on which I am to be prosecuted.

I would hope, too, that all of us in the Chamber would like to keep an eye on the public expenditure implications of running prosecutions. We all know that the court system is overloaded; we all know that bringing prosecutions is expensive and has to be paid for by the taxpayer. If we are asked to introduce into our criminal law wording that foments uncertainty and a sense of unfairness, we should all be a little more careful before permitting such wording to go ahead.

As I said a few moments ago, I shall not repeat everything I said on 31 October, because it is there on the record for everyone to see. Let me finish, however, with this plea. If the Government are not persuaded to get the law right, simply because so few people are interested in this subject, and they know that they can whip the Government party to come in here and vote for whatever it is they want, I say fair enough in that I accept the arithmetic of our legislative democracy. It would be foolish of me to think that by standing up and speaking on a Monday afternoon I could persuade others to defeat the Government.

I am not going to press my amendments to the vote. I do not know whether my hon. Friends the Members for Kensington and for North West Norfolk have other plans, but for my part, I shall not urge them to press these amendments. What I do urge, however, is that the Government at least condescend to tell us what on earth they are on about. So far, we have not had any genuine information or any genuine evidence or any thoughtful response to the concerns that I have expressed. As I said on the previous occasion, these are not just my concerns; they are shared by many who have worked for many years in the art market and have practical experience of the difficulties caused by woolly wording.

My arguments have also been assisted by and based on what has been said by people who have far greater legal expertise than I have. I listed their names on Second Reading. They include a former Lord Chief Justice, a professor of law at Leicester University, a highly respected Queen’s Counsel who specialises in criminal law, and many others who—while approving of the policy behind the Bill and the inclusion of this ancient convention—fear that we are setting off on a wrong track that may lead to injustice. I know that my hon. Friend the Minister hates injustice of all sorts, and I suspect that, when she finds it in a Bill of which she has the conduct, she will probably want to do something to correct it.

--- Later in debate ---

[Victoria Borwick]

I thank my right hon. and learned Friend for giving us the benefit of his experience, which I hope will prompt the Government to reconsider.

As the British Art Market Federation and others have stated, the existing statutes mean that a dealer acting with honest intent and conducting reasonable due diligence is highly unlikely to run the risk of prosecution, unless it can be shown that they have wilfully acted dishonestly. I understand that the Government have cited article 21 of the second protocol of the convention as justification for a lower level of mens rea, but I draw my hon. Friend the Minister’s attention to article 15 of the protocol, which indicates that an offence has occurred if a person intentionally commits an act of theft or misappropriation against cultural property protected under the convention. Surely that suggests that an element of dishonest criminal intent is required by the convention. I seek that assurance. If the Bill were to introduce a lower threshold of mens rea, that would amount to gold-plating, which appears to run counter to Baroness Neville-Rolfe’s assurances in the other place that

“the Government intend to do only what is necessary to meet our obligations under the convention and its protocols.”—[Official Report, House of Lords, 6 June 2016; Vol. 773, c. 586.]

For all those reasons, I am concerned that the words “having reason to suspect” are inappropriate. Terms such as “believing” or even “suspecting” carry greater certainty and clarity. I emphasise that this is a point of law; it does not weaken or water down the Bill. We all understand that the objective is squarely to target those with criminal intent. I ask the Minister to consider these views and those of the art and antiques industry when drawing up the detailed regulations that will ensue from this legislation.

[Mr Burrowes]

It is a pleasure to take part in the later proceedings of this important Bill. I am co-chair of the all-party parliamentary group on cultural heritage; it is excellent to see the Bill on its way and at long last to enable our ratification of The Hague convention, which will be very welcome. Having said that, I very much respect this level of scrutiny and the concerns outlined by my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) and my hon. Friend the Member for Kensington (Victoria Borwick). We also had exchanges on this issue in the Bill Committee. I welcome that because the concern among dealers has been outlined, not least to the all-party parliamentary group.

The British Antique Dealers Association, the British Art Market Federation, the Antiquities Dealers Association and LAPADA all made considered written representations, which need to be fully respected, and I join them in wanting to ensure confidence in the market. The last thing we want to happen is for the Bill in any way to provide uncertainty or ambiguity in the codes of practice and guidance, which are very welcome—they are welcomed not least by the all-party parliamentary group. We want London to be the centre of excellence for dealers’ associations, and we want there to be true confidence in the market.

The all-party parliamentary group has deliberated on some of the scaremongering stories out there. We recognise that the London dealers’ market has a very good record, and we want to ensure continuing confidence in that market. I have due respect for the concerns that have been expressed, and I look forward to further roundtable meetings and the publishing of guidance.

My right hon. and learned Friend the Member for Harborough, a former Law Officer, pleaded for guidance to be published at this stage. As he will know, some of us who scrutinised the Bill in Committee, including the shadow Justice team, are on his side in pleading for such guidance to be published before the end of our proceedings. Sadly, those pleas have been made in vain in some ways. I share his concern that there should be as much transparency as possible.

It is important to recognise that other stakeholders are concerned about amending clause 17. Although the antiquities and antiques dealers’ associations are important and must be listened to, we must also listen to the police. I understand that police representatives have said that they support the Bill as currently drafted. I have an interest as a criminal defence solicitor, and I am not necessarily surprised that the police support the current wording, but it is worth taking account of other interested parties, such as the British Red Cross and the British Museum.

[Sir Edward Garnier]

I was puzzled by the reference to the British Red Cross in a letter from the Minister, so I checked it with the Secretary of State for Culture, Media and Sport, and she, too, was a little puzzled by the reference. I am not sure that the Red Cross has anything whatever to do with this. This is all about preventing the unlawful trade in items unlawfully exported from occupied territory. The Red Cross has lots of things to worry about, but I am not sure its main aim in life is supporting this Bill.

[Mr Burrowes]

I do not often disagree with my right hon. and learned Friend, but the British Red Cross has a great deal of interest because, in many ways, it is the pre-eminent body in dealing with issues of international humanitarian law. What we are doing here is ratifying The Hague convention, in which the Red Cross plays a crucial role.

I quoted Mr Michael Meyer, the head of international law at the British Red Cross, in Committee. If you will forgive me, Mr Deputy Speaker, I will repeat what I quoted because it is of direct relevance:

“However, it appears that, in practice, the clause should place no greater burden on dealers than already exists to conduct appropriate due diligence. In other words, the threshold of ‘reason to suspect’ is not so low as to have an adverse impact on the legitimate market, while at the same time acting as a necessary and suitable deterrent for those who may be less scrupulous. The wording is somewhat similar to that used in the existing Iraq and Syria sanctions orders. There is also very similar wording found in section 17 of New Zealand’s Cultural Property (Protection in Armed Conflict) Act 2012.”

That Act followed New Zealand’s ratification of The Hague convention. What that international lawyer says is relevant because, although I respect the well-made point that this Parliament is considering how the convention is applied domestically through our courts, we are catching up on ratifying The Hague convention and setting ourselves on an equal footing from an international legal standing. I pray that in aid.

I am arguing against myself to some extent here, but I recognise that if we were dealing with a simple issue relating to another dishonesty offence being added to the criminal legal handbook, I would be joining my right hon. and learned Friend in expressing concern about the disparity on mens rea in respect of this offence and the normal panoply of dishonesty offences. However, we are dealing with a unique offence in unique circumstances.

The shadow Minister made a point about the impact assessment and the view that there will be one prosecution. That is relevant because we are talking about an exceptional prosecution in respect of an exceptional piece of property that comes through to the market in this country and how it is then dealt with. We should therefore not overstate the concern, and we need to take into account the confidence of the market. We are dealing with exceptional cases, which need to be dealt with appropriately and carefully. That is why we need to have regard for what is already in place, not least how other cases are dealt with in international practice and how we have applied other relevant legislation.

--- Later in debate ---

[Sir Edward Garnier]

Does it follow from what my hon. Friend is saying that he does not know whether any convictions under the statutory instrument have been for the “knowing” or for having “had no reason to suppose”? He does not know either way, does he?

[Mr Burrowes]

What I do know either way is that no antiquities dealer has come forward about being unjustly convicted and there has not been a campaign about such. None seems to have been unjustly convicted under this order—or there has been no evidence that there has been an iniquity in relation to an arrest, prosecution or seizure under the order or, indeed, under the other relevant provision, the European Union Council regulation on Syrian cultural property. That refers to

“Syrian cultural property goods and other goods of archaeological…importance…where there are reasonable grounds to suspect that the goods have been removed from Syria without the consent of their legitimate owner”.

Again, I am not aware of any antiquities dealer having fallen foul of those provisions, with the complaint being that the net is cast too widely.

I concede that, in terms of mens rea, there is a difference between normal dishonesty offences and this particular offence, but in respect of the actual impact of the Bill, I am not aware of a serious problem. Rather, the answer is that, with the appropriate legal advice and the due diligence that one would expect of any decent, law-abiding antiquities dealer, they will be able to chart their way through the legislation.

Another relevant aspect is international practice. We are in the process of ratifying The Hague convention and putting ourselves into line internationally. It is important to refer to paragraph 7 of UN Security Council resolution 1483, which came into being on 22 May 2003 and is obviously binding on all UN member states. It was made in direct response to the looting of cultural institutions in the immediate wake of the invasion of Iraq. All member states signed up to taking

“appropriate steps to facilitate the safe return to Iraqi institutions of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from the Iraq National Museum, the National Library, and other locations”.

Paragraph 7 says specifically that that should be done

“by establishing a prohibition on trade in or transfer of such items and items with respect to which reasonable suspicion exists that they have been illegally removed”.

Similar wording is used in United Nations resolutions.

That similarity continued in paragraph 17 of UN Security Council resolution 2199, from 12 February 2015. Again, it is binding on UN member states. It was adopted in direct response to the looting of Iraqi and Syrian cultural property in the course of the ongoing armed conflicts in those states. The Security Council reaffirmed its decision and recognised that there was a corresponding obligation for cultural property illegally removed from Syria since 15 March 2011. On the standard of knowledge considered sufficient by the Security Council, of which the UK is of course a permanent member—we want to ensure we are right up there in terms of signing up to ratifying the two protocols—there was the same equivalence in relation to reasonable suspicion.

[Victoria Borwick]

On the point about the uncertainties, perhaps the Minister will clarify whether the legislation is going to be retrospective. Is it going to apply to items that are imported in future, or to items that are currently in the country? Alternatively, will it apply only to what happens after the Bill is passed? We are talking about items that move from country to country, particularly those in areas of potential conflict, so it would be helpful if there was clarity in the Bill about the date on which an item was imported.

[Mr Burrowes]

I am happy to facilitate the Minister’s being able to respond to that question.

On 18 January 2012, before the adoption of paragraph 17 of Security Council resolution 2199, an EU Council regulation emphasised the same points made in the Security Council resolutions. It referred to situations in which

“there are reasonable grounds to suspect that the goods have been removed from Syria without the consent of their legitimate owner or have been removed in breach of Syrian law or international law”.

The amendments have been tabled in good faith and are well intentioned, and in ordinary circumstances I would think they were well merited and had substance. In this particular case, however, given the context, I do not think they are necessary or, indeed, desirable, especially when one takes into account the international best practice or hears from stakeholders such as the Red Cross and the British Museum. I shall conclude with the words of the latter:

“We feel it is particularly important that there is no watering down of responsibilities or requirements in the Bill. Specifically, we feel that in regard to the Clause 17…it is imperative that the working should remain ‘knowing or having reason to suspect that it has been unlawfully exported’”.

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Tracey Crouch)]

I am grateful to all those who have contributed to this good debate on Report. I propose to respond to the amendments in the order in which they have been grouped.

I am grateful to the hon. Member for Cardiff West (Kevin Brennan) for his explanation of amendment 4. He and Lord Stevenson have been passionate about ensuring that digital property is protected—I congratulate them on their efforts. The hon. Gentleman raised really interesting points about the risk of cyber-attacks. We should always be vigilant in protecting against and resisting such attacks. This is a complex and, indeed, developing area, but the amendment is both unnecessary and inappropriate. It is unnecessary because we consider that article 15 of the second protocol is already capable of covering cyber-attacks in the context of an armed conflict. As clause 3 is drafted with reference to article 15, the Bill is also able to cover such attacks.

The amendment is inappropriate because the precise meaning of article 15 is a matter of international law and we should not seek to elaborate on its meaning. The amendment would risk creating a divergence in meaning between our own law and international law, and not only would that be unhelpful, but it could ultimately place us in breach of our international obligations. Clause 3 as drafted is sufficient to implement the convention effectively in the UK, so I must oppose the amendment.

Let me briefly address the other issues that the hon. Gentleman raised about digital property. The roundtable on implementation took place on 5 December with representatives from the heritage and museum sectors, and experts in cultural property protection. On the subject of the cultural emblem, we discussed its digital display, which stakeholders broadly welcome. I can reassure the hon. Gentleman that digital issues will continue to be fully considered as part of the ongoing discussions about this particular aspect of the Bill.

I am grateful to the hon. Gentleman for tabling amendment 5, not least because it allows me to highlight the tremendous work of our armed forces on cultural property protection. Our military already take the protection of the world’s cultural heritage very seriously. Not only is respect for cultural property upheld across the UK’s armed forces and reinforced in policy and training, but the joint military cultural property protection working group provides an important focal point for progressing numerous aspects of cultural property protection.

Planning for the new military cultural property protection unit is continuing apace. The unit will ensure that cultural property is protected from damage and looting, and it will provide advice, training and support across our armed forces. I am sure that the whole House will join me in commending this important work.

Amendment 5 would extend the UK’s jurisdiction over the offences described in sub-paragraphs (d) and (e) of article 15.1 of the second protocol. If it were passed, foreign nationals committing those offences abroad would be subject to our jurisdiction if they were serving under the military command of the UK armed forces. This issue was raised in Committee and, to be helpful, I will be more than happy to set out our position again. Before I do so, however, let me respond to the hon. Gentleman about the reply he received from the Minister for the Armed Forces regarding the number of foreign personnel embedded in UK armed forces. That is a matter for the Ministry of Defence, and I am really sorry to say that I have nothing further to add to that correspondence.

In Committee, I stated that we should not extend our jurisdiction beyond our obligations under the convention and protocols. Clause 4(3)(b) currently covers all those subject to UK service jurisdiction, regardless of nationality. Although that is not expressly required by article 16(1), it does no more than reflect the existing position under the Armed Forces Act 2006. This is quite a different matter to extending jurisdiction to all foreign nationals serving under UK military command, which would be inappropriate. It is important that we respect the service jurisdictions of our allies in relation to their personnel when they are embedded in the UK military, as we rightly expect our service jurisdiction to be respected when our own service personnel are embedded in the forces of another state.

Such arrangements are often reciprocal. If we try to impose UK jurisdiction on foreign embedded forces, other states will be less willing to allow UK forces to be embedded with them. Clearly, that would be detrimental to the operation of UK armed forces. As I explained in Committee, these arrangements are reflected in status of forces agreements or memorandums of understanding, and a foreign soldier committing a serious violation would be dismissed and returned to their sending state. It should also be remembered that, as required by the convention and protocols, jurisdiction over the acts described in sub-paragraphs (a) to (c) of article 15.1 of the second protocol already extends to all foreign nationals committing the gravest offences abroad.

The scope of jurisdiction set out in clause 3(4) is in line with that required by the second protocol, taking into account existing provision in the 2006 Act. This ensures that all people subject to UK service jurisdiction can rightly be prosecuted on the same basis, regardless of nationality. To go any further would be to interfere needlessly with the service jurisdictions of our allies in a manner that would be at odds with standard military practices. Given that explanation, I hope that the hon. Member for Cardiff West will not press amendments 4 and 5 to a Division.

--- Later in debate ---

[Tracey Crouch]

I beg to move, That the Bill be now read the Third time.

Today is an important milestone in our drive to protect cultural property not only in this country but around the world, and particularly in places where it is threatened by armed conflict. The 1954 Hague convention for the protection of cultural property in the event of armed conflict and its two protocols are an important part of the international legal framework for protecting cultural property. Since 2004, successive Governments have promised to bring forward the legislation required to enable the United Kingdom to ratify the convention and accede to the protocols. I am delighted that this Government have finally been able to do so, and I thank my right hon. Friends the Members for Maldon (Mr Whittingdale) and for Wantage (Mr Vaizey) for securing time for the Bill in this Session.

The Bill, together with The Hague convention and its protocols, fits into the wider framework of our initiatives to protect cultural property. I recently had the pleasure of visiting the British Museum to learn more about its Iraq emergency heritage management training scheme, which is helping to build capacity in the Iraqi state board of antiquities and heritage by training staff in a wide range of sophisticated techniques of retrieval and rescue archaeology. The scheme is supported by £3 million from our new cultural protection fund. That fund, which is managed by the British Council, is so far supporting nine projects to the tune of £8.8 million, using British knowledge and expertise in places where cultural heritage is at risk.

The first group of Iraqi participants completed their training in November. One of them has already been appointed by the Iraqi state board to lead the assessment of the site of Nimrud, which was recently liberated from Daesh control. The second group of participants is now in training at the British Museum, and I am delighted that they are in the Public Gallery to witness our debate and the passing of this important Bill.

[Mr Burrowes]

I commend the Minister on navigating us through to this stage. She has now become an international advocate, having travelled to conferences to extol the virtues of our commitment to cultural property. Will she also pay tribute to Professor Peter Stone of Newcastle University and the UK Committee of the Blue Shield, who want us to establish a centre of excellence for the collection and sharing of information on threats to cultural property worldwide? We are an exemplar on that, and we could perhaps do more with more funding.

[Tracey Crouch]

I am grateful for my hon. Friend’s intervention. I am sure that the Prime Minister was paying close attention to our proceedings in Committee, during which my hon. Friend asked me to consider going to Abu Dhabi for an international convention on cultural property, because, shortly after he made that request, the Prime Minister wrote to ask me to attend that convention. I am really pleased that I went to that excellent convention. I met some leading figures from around the world, including the head of UNESCO, and the event gave us an opportunity to show that the UK is leading the way on this matter. I will come to my hon. Friend’s point about praising Professor Stone later.

The creation of the new cultural property protection unit in the British Army—a modern-day version of the famous monuments men, and of course women—will ensure that respect for and protection of cultural property is embedded in our armed forces. The unit is expected to consist of between 10 and 20 specialist reserve officers. It will provide advice, training and support across the armed forces, ensure that cultural property is protected from damage and looting, and be able to investigate, record and report cultural property issues from any area of operations. I congratulate Lieutenant Colonel Tim Purbrick on his work so far to develop this unit, and I look forward to following its progress.

Those initiatives are ensuring that the United Kingdom is a world leader in the protection of cultural property. Passing this Bill, and becoming a state party to The Hague convention and both its protocols, will cement that position. The Bill introduces into UK law the provisions that are necessary to ensure that we are able to comply with the convention and protocols when they come into force. Together, they provide protection for the most important cultural property—that which is of the greatest importance for the cultural heritage of every people. As I confirmed in Committee and in my subsequent letter to hon. Members on 19 December, the definition of cultural property set out in the convention is broad and flexible. It could include cultural property on film and in digital form, provided that it satisfies the requirement of being of the greatest importance for the cultural heritage of every people. The Bill makes it an offence to attack or destroy such cultural property during armed conflict, in violation of the convention or second protocol. It regulates use of the cultural emblem—the internationally recognised sign used to identify cultural property that is protected by the convention. It also makes it an offence to deal in unlawfully exported cultural property from an occupied territory, and ensures that we are able to protect cultural property that is brought to this country from areas of conflict until it can be returned.

This has been my first Bill as a Minister. It has been a pleasure and a privilege to be responsible for such an important measure that has become so widely and internationally welcomed and supported, not just in Parliament but beyond. The Bill has been well debated and scrutinised in both Houses. I am grateful to all hon. Members who contributed to our proceedings. I thank Opposition Front Benchers, particularly the hon. Member for Cardiff West (Kevin Brennan), for their support. I also thank the Whips and the Clerks for their assistance. Looking back, I thank the Culture, Media and Sport Committee for its scrutiny of the draft legislation in 2008. At that time, the Committee was chaired by my right hon. Friend the Member for Maldon, who championed this cause by ensuring that we could introduce the Bill during this Session. I thank the devolved Administrations in Scotland, Wales and Northern Ireland, who have been fully supportive of the Bill. This has been an excellent example of us working together as one United Kingdom to achieve a common goal on an issue of great importance to us all.

My thanks also go to the many stakeholders who have advised and supported us during the preparation and passage of this Bill: academics, particularly Professor Roger O’Keefe and Professor Peter Stone; the police, including Chief Constable Paul Crowther and his team; specialist agencies such as the Red Cross—I am pleased that Michael Meyer is in the Gallery today to show his support—and many other representative organisations. They have all contributed their specialist knowledge and expertise, which has been most welcome and much appreciated.

Last but not least, I thank the officials who have worked on this Bill—not only those who have supported me and my ministerial colleagues in taking the Bill through Parliament, but their predecessors who worked on these issues, drew up the draft Bill 10 years ago, and ensured that that was not forgotten but was ready when a place was found for it in the legislative programme. Their efforts have finally borne fruit, and it is only right that we should acknowledge their contribution.

Passing the Bill moves us one step closer to finally ratifying The Hague convention, acceding to the protocols and, I hope, achieving our aim of becoming the first permanent member of the United Nations Security Council to do so. Indeed, it seems that our initiative in introducing the Bill might well have encouraged France and China to begin their own procedure to accede to the second protocol, proving once again that the UK is the world leader in the protection of cultural property.

We look forward to continuing to work closely with our partners and stakeholders to develop and enhance the protection of cultural property in this country and around the world. It has taken 60 years for us to get around to ratifying The Hague convention. The Bill has been waiting for almost 10 years to get on the statute book. That it is finally on the verge of becoming law is true testament to this Government’s commitment to protecting the world’s cultural heritage.

Although I have acknowledged that the Bill seeks to protect a limited class of cultural property, it should not be lost on Members that, in passing it, we will be taking essential steps to protect the world’s most pre-eminent cultural heritage for the benefit of all people and future generations. At a time when cultural property is facing global danger, that cannot happen soon enough. I commend the Bill to the House.