Cultural Objects (Protection from Seizure) Bill

John Lamont Excerpts

Report stage
Friday 28th January 2022 Commons Chamber

[Mel Stride]

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

This is a short, two-clause Bill that extends the period of protection against court-ordered seizure for cultural objects on loan from abroad. The Bill amends part 6 of the Tribunals, Courts and Enforcement Act 2007, which provides immunity from seizure for cultural objects on loan from abroad in temporary exhibitions in public museums and galleries in the United Kingdom. Under section 134 of the Act, cultural objects that are on loan from abroad to feature in exhibitions held in UK museums and galleries approved under the Act are protected from court-ordered seizure for a period of 12 months from the date when the object enters the United Kingdom.

The legislation was prompted by events in 2005, when 54 paintings, including works by Picasso, Matisse and Cézanne, were seized by customs officers in Switzerland. The paintings, from the Pushkin State Museum of Fine Arts in Russia, were impounded after they had left the town of Martigny in Switzerland. The Swiss authorities acted on a court order obtained by a Swiss import-export firm, Noga SA, which claimed that the Russian Government owed it several million dollars in unpaid debts relating to an oil-for-food deal signed in the early 1990s and which sought to enforce a Stockholm arbitration award in its favour.

The impounding of the paintings was just one of several attempts by Noga to recover its purported debt by seizing assets abroad. In 2000, Noga instituted proceedings to seize a Russian sailing ship that was due to take part in a regatta in France; it then sought to freeze the accounts of the Russian embassy in Paris. Both actions were dismissed by court rulings in favour of Russia. In 2001, it tried to appropriate two Russian military jets during the prestigious Le Bourget air show in France; that attempt also failed.

But it was Noga’s seizure of the Pushkin paintings that sparked the most outrage of all. The director of the State Hermitage Museum in St Petersburg said that

“works of art are now being used as hostages in trade disputes”.

Although the seizure order was quickly cancelled by Switzerland’s Federal Council, the Hermitage warned that no Russian museum would be able to send objects on loan to any overseas venue unless it received concrete legal guarantees that its artworks would not be seized during the loan period.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I congratulate my right hon. Friend on his Bill. Does he agree that the relatively minor change in it will give great reassurance to overseas lenders about their capacity and confidence to lend assets to the United Kingdom? In the Scottish Borders, across Scotland and across the UK, all our constituents will now benefit from being able to enjoy those assets, and the lenders will have the comfort of knowing that they are safe here.

[Mel Stride]

My hon. Friend precisely pinpoints the advantage of the Bill, which is very narrowly defined but will provide extra certainty to those who lend artworks to England and Scotland and the museums therein that those artworks will be returned in due course. That comfort will drive further loans in future, which will be to the benefit of the people in this country, our tourism industry and our cultural offering in general.

The measures in the 2007 Act enable the UK Government, the Governments of Scotland and Wales and the Northern Ireland Executive to give guarantees for such loans in the United Kingdom. Since the Act’s introduction, the Secretary of State for Digital, Culture, Media and Sport has been responsible for approving institutions in England for immunity from seizure, and the devolved Administrations have similar powers for other parts of the United Kingdom. To gain approval under the Act, institutions must demonstrate that their procedures for establishing the provenance and ownership of objects are of a high standard.

In 2007, it was considered that 12 months was an adequate period to allow objects to arrive in the UK and to be returned following their inclusion in a temporary exhibition. Section 134(4) of the Act therefore provides:

“The protection continues…for not more than 12 months beginning with the day when the object enters the United Kingdom.”

Oral Answers to Questions

John Lamont Excerpts

Thursday 9th July 2020 Commons Chamber

[The Attorney General]

I am glad that the hon. Lady has mentioned the recent inspectorate report, which I think gives a strong commendation to the CPS for its response to this pandemic. In comparative terms, there is a strong vote of confidence in the CPS’s resilience, digital capability and planning for difficulties such as these. She is right to mention the court recovery plan. As I have mentioned, the Lord Chancellor has published a detailed plan. Many measures are under consideration. There is a strong commitment to the right to jury trial, but no decisions have been made yet.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

What steps she is taking to prevent media reporting which may lead to contempt of court.

[Michael Fabricant (Lichfield) (Con)]

What steps she is taking to prevent conventional and social media reporting which may lead to contempt of court; and if she will make a statement.

[John Lamont]

Does the Solicitor General agree that on the whole the press does act responsibly and is swift to act in relation to material that may be prejudicial to court proceedings?

[The Solicitor General]

My hon. Friend is right, and it is right to acknowledge that the press is on the whole very responsible in its reporting of court proceedings, which is why issuing a media advisory notice is an exceptional course of action. In the past 12 months, I have only done that twice. However, it remains an important power, which will be used if necessary.

Telecommunications Infrastructure (Leasehold Property) Bill

John Lamont Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 10th March 2020 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I pause in case there are any further contributions. No? What an incredibly efficiently short debate.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

On a point of order, Madam Deputy Speaker. A statement was made by the SNP spokesman about Scottish Government investment. I thought it was important to correct the record. Much of that funding comes from the UK Government and the Scottish Government very rarely meet their targets, despite the fact they like to talk about them a lot.

[Madam Deputy Speaker]

I thank the hon. Gentleman for his “point of order”—I am putting that in inverted commas—but he knows that it is not a point of order for the Chair. However, he has made his point, and I perceive that it has been noted by those to whom he wished to make it.

TV Licences for Over-75s

John Lamont Excerpts

Wednesday 8th May 2019 Commons Chamber

[Margot James]

I have already answered that question in other ways, but I draw the hon. Gentleman’s attention to the fact that no decision has yet been made. I was saying to the hon. Member for Coventry South (Mr Cunningham) that there was an obligation on the BBC to consult should it wish to make any change to the concession, with the Government’s expectation being that the BBC would continue to honour the concession. The BBC has conducted an extensive consultation, the results of which have not even been published yet, so it is premature to sow all this fear in older people’s minds.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I very much support the continuation of the concession, but is it not important to recognise that when the House passed the Digital Economy Act 2017, which transferred responsibility for the concession to the BBC, Opposition Members supported it?

[Kevin Brennan (Cardiff West) (Lab)]

No we did not!

UK Telecoms: Huawei

John Lamont Excerpts

Thursday 25th April 2019 Commons Chamber

[Jeremy Wright]

Again, I think the way in which the hon. Gentleman has phrased what has happened is incorrect. I have made clear what the position is. Of course, we will listen to those in the sector, as we listen to others. In the end, however, the judgment that the UK Government have to make is how we ensure that our telecoms system is secure, safe and provides the kind of 5G network that will be the foundation of our economic success in the future. That is the objective here and that is what we will pursue.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

Will the Secretary of State set out what steps the Government are taking to ensure the UK remains at the forefront of the development of new technologies like 5G? In particular, what are the Government doing to ensure that rural areas, like those in my own constituency in the Scottish borders, are not left behind as the 5G network is rolled out?

[Jeremy Wright]

My hon. Friend is right. It is important that we recognise the need to ensure this technology serves our whole population and that its potential is properly developed. As he will know, the Government, in conjunction with others, are attempting to develop this technology in test beds, particularly, as he will know, in rural applications, which I hope will be of benefit to him and his constituents. I believe that that can transform how our citizens connect to the essential services we now all use.

Johnston Press: Administration

John Lamont Excerpts

Monday 19th November 2018 Commons Chamber

[Jeremy Wright]

Again, I understand the hon. Lady’s concern and her enthusiasm for her local titles. As has been said, it is right to point out that at this stage all titles are preserved by this move. The alternatives, as far as Johnston Press could see, were all immeasurably worse, but both she and I will want to hear from the new owners about their plans for the longer term. It is only fair to give them space to develop those plans, but once they have done so, she and I will wish to seek further information about what they intend to do.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

The Johnston Press group has four titles in my constituency—The Southern Reporter, The Berwickshire News, the Hawick News, and the Selkirk Weekend Advertiser, which provide excellent local news to my constituents—but in an increasingly competitive environment, particularly with BBC local platforms, which I know cause them great concern, what more can the Government do to support local journalism?

[Jeremy Wright]

We can do more and we seek to find inventive ways of doing more to account for the changing circumstances in which all these newspapers find themselves. If I may, I will make a conditional point that my hon. Friend brings to mind. Those observing these proceedings might be surprised that Members of this House, who are held to account by local newspapers, would mourn their passing, but it is credit to our democracy that all of us believe that it is right that those in power should be held to account. That applies not just to those in Whitehall, but to town halls up and down the country and, dare I say it, to local Members of Parliament, who are held to account in some cases by four publications at once.

Addictive Technology

John Lamont Excerpts

Tuesday 23rd October 2018 Westminster Hall

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I congratulate the hon. Member for Rutherglen and Hamilton West (Ged Killen) on leading such an interesting debate. It seems that technology has been developing at such a fast rate in the last decade or so that politicians, parents, teachers and many others, as well as rules and legislation, are struggling to keep up. With mobile phones now an integral part of life for most people, it is easy to understand how some may have become addicted to, or at least over reliant on, their tech.

In our work as politicians, we are expected to have a constant presence online, processing thousands of emails and absorbing thousands of messages on Instagram, Twitter and Facebook, to name just some of the platforms on which some of us operate. The same is true for those in many roles in the private and public sectors—and that is before we take into account how we use technology in our private lives or in education. Screen time is almost inevitable today, so I will focus my remarks on the effects of too much of it, regardless of whether we use the term “addiction.”

It is well known that social media has an effect on mental health. My right hon. friend the Health and Social Care Secretary highlighted that when he announced this month that the chief medical officer is reviewing the impact that excessive social media can have on children’s mental health. I very much look forward to reading Dame Sally Davies’s findings, and I hope they will help parents—especially those who do not have a good grasp of social media and the internet—to understand better how to manage its use. It is unfortunately not surprising that on platforms where we show only the best of ourselves, our young people find it ever harder to feel as though they are achieving and content with their lives.

It is important not to vilify technology and blame it for all our social ills. Phones helped to bring about revolution in the Arab spring and to document the atrocious use of chemical weapons in Syria, and they have provided us with access to information that our predecessors could only have dreamed about. Social media has brought us all closer together and enabled us to stay in touch with our families and friends in a way that otherwise would not have been possible. People are now much more engaged with their representatives and the political system, which no longer feel so out of reach. Those benefits should concentrate our minds on ensuring that addiction to tech does not get out of hand and that people are trained to help when it does. In my constituency in the Scottish borders, the council is training young people in mental health first aid, which I hope will become an exemplar policy to others and go some way towards reducing the risks of tech.

I welcome the debate. I am more than happy to support the bid from the hon. Member for Rutherglen and Hamilton West for an all-party parliamentary group and I again congratulate him on securing this important debate.

Oral Answers to Questions

John Lamont Excerpts

Thursday 6th September 2018 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

8. What steps the CPS is taking (a) domestically and (b) internationally to increase the effectiveness of prosecutions for modern slavery.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

9. What recent discussions he has had with the CPS on the effectiveness of prosecutions in cases involving modern slavery.

[The Solicitor General (Robert Buckland)]

The Director of Public Prosecutions and I are members of the Prime Minister’s taskforce on modern slavery, which aims to do more to bring perpetrators to justice and support victims both here and overseas. The Crown Prosecution Service has recently announced an increase in prosecutions for modern slavery, and I will meet the DPP further to discuss how that good work can continue.

[The Solicitor General]

I know the hon. Lady takes a keen interest in this issue through her all-party group and in other work, and she hits the nail on the head when it comes to the difficult decisions that are sometimes made. I assure her that the typology on county lines that the CPS published only a few months ago has a particular focus on such issues. There will be times when a decision to prosecute must be made, but many of the people involved—particularly young people—are victims who need support.

[John Lamont]

In Scotland the police are alarmed by the rise in reports of potential human trafficking offences, and those individuals and gangs do not stop at the border. What discussions is the Solicitor General having with his counterparts north of the border to ensure that there is a UK-wide approach to this issue?

[The Solicitor General]

As a border MP, my hon. Friend knows the issue acutely. In February 2016 the Directors of Public Prosecutions for England and Wales and for Northern Ireland, and indeed the Lord Advocate for Scotland, met and pledged their commitment to providing a whole-of-UK approach to human trafficking and slavery. As a result, quarterly meetings are held at official level between the jurisdictions, and there is a regular exchange of information and best practice to make sure we get it right.

Data Protection Bill [Lords]

John Lamont Excerpts

Money resolution: House of Commons & Programme motion: House of Commons
Monday 5th March 2018 Commons Chamber

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I am delighted to take part in this debate on the Data Protection Bill, and it is a pleasure to follow the hon. and learned Member for Edinburgh South West (Joanna Cherry).

In my brief contribution, I will focus mostly on amendment 147, passed by the other place, which would implement section 40 of the Crime and Courts Act in relation to data protection. I am pleased that the Government will seek to overturn it. If it remained, it would be a huge blow to each and every local newspaper in the Scottish borders in my constituency. Under the provision, all newspapers and magazines not signed up to the state-approved regulator would be liable to pay for the other side’s costs in an action for a breach of data protection, whether they win or lose the case. As data touches on virtually every aspect of journalism, a legal action relating to almost any action by our press could be dressed up in a way that would take advantage of this provision.

For all publishers in the Scottish borders, this could have serious consequences. The recently set up Hawick Paper or the community-run Eskdale & Liddesdale Advertiser could not afford to risk a case going to court, given the crippling costs that might be involved. They would have to stop investigating a story, or print an apology for something that was actually true. The alternative would be going to court and possibly paying the costs, even if they were successful. Even the titles backed by the Johnston Press machinery in the borders, such as The Southern Reporter and The Berwickshire News, could face closure if any claims were brought against them. Johnston Press recently announced significant losses, and any further setbacks might result in the loss of further local titles, not just in my constituency, but in many other parts of Scotland. It would be the same for the Borders Telegraph, which covers another part of my constituency in the Scottish borders.

I find myself in the rather, if not extremely, odd position—this might be the only time I can say this—of agreeing with Nicola Sturgeon. Last year, she said in relation to section 40:

“I don't think it’s an exaggeration to say that it would threaten the viability of local newspapers.”

The purpose of the Attlee amendment was to incentivise media operators to sign up to press control in respect of data protection claims. This may well be a laudable aim, but section 40 is a clunky way of achieving it, and amendment 147 was not the appropriate vehicle to address what is a much wider issue, not restricted to data protection.

This Bill is concerned with modernising data protection laws, not press regulation, and there is much to be found in this Bill that is welcome. It is certainly time, in this digital age, for an update of our legislation. Much of the Bill implements the EU’s general data protection regulation, which the UK helped to shape. By adopting it in domestic law, we ensure that businesses are able to operate across international borders as we leave the European Union. We have also exercised our right to derogate from the GDPR on key areas, such as the age of consent and freedom of expression in the media. I believe it strikes the right balance between individual protection and allowing the free flow of data.

I therefore welcome the Bill, and I particularly welcome the intention of the Government to reverse the amendments made in the other place, which I believe would in effect restrict the freedom of the press and might damage the local press, not only in my constituency, but in many other parts of Scotland.

Oral Answers to Questions

John Lamont Excerpts

Thursday 8th February 2018 Commons Chamber

[The Attorney General]

I agree with my hon. Friend, and he might like to know that, as far as the statistics go, since 2010, under the European arrest warrant, 1,079 people have been surrendered back to the United Kingdom but 8,826 people have been surrendered from the UK to the rest of the European Union. This is an advantageous arrangement for both sides.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

Since 2010 thousands of criminals have been removed from the United Kingdom to face trial abroad thanks to the European arrest warrant. Does the Attorney General agree that such agreements are an integral part of our justice system here in the United Kingdom?

[The Attorney General]

I agree with my hon. Friend, and it is important that we negotiate a settlement that will enable us to carry on sending people back and, just as importantly, to carry on bringing people back from other European nations to face justice here. As I have said, I am optimistic that we can do that.