Cultural Property (Armed Conflicts) Bill [Lords]

Karen Bradley Excerpts

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

[The Secretary of State for Culture, Media and Sport (Karen Bradley)]

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

It is a pleasure to introduce this Bill to the House. We have waited a long time to be able to ratify the 1954 Hague convention and accede to its two protocols. The need for this Bill is paramount. In recent months, we have seen the wanton destruction of cultural heritage in the middle east and north Africa. These tragic events are a reminder of how vital it is that the UK ratifies this convention and makes a strong statement about the importance we place on protecting cultural heritage. We fully endorse the steps taken at the International Criminal Court to prosecute war crimes relating to cultural destruction in Mali.

Heritage, monuments and cultural artefacts are part of what makes a country great, educating and inspiring people, and bringing them together as a nation. Sir Peter Luff, chair of the Heritage Lottery Fund, was once told, “History is what you learn about in schools; heritage is about who you are and where you come from”. We are lucky to have a highly professional and dedicated heritage and museum sector that works extremely hard to preserve our heritage and bring the story of our history to life. This work helps attract visitors to our shores too. We also have a duty to help protect the culture and heritage of other countries, for they are part of our shared inheritance as human beings.

Many in this House have called on successive Governments to pass this legislation since a commitment to do so was first made in 2004. I would like to make special mention of my hon. Friends the Members for Newark (Robert Jenrick) and for Enfield, Southgate (Mr Burrowes) for their passionate advocacy. This Bill has already been subject to comprehensive pre-legislative scrutiny. The draft Bill published in 2008 was expertly scrutinised by the Culture, Media and Sport Committee.

[Helen Goodman (Bishop Auckland) (Lab)]

I am delighted that the Secretary of State is introducing this Bill today. Her points about destruction will have been brought home to everybody when Palmyra was destroyed very recently. Can she assure the House that after the 62 years we have waited since we signed the treaty, there will not be another 62 years until the Government bring it into effect?

[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.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

On cultural property, I know that the Bill does not cover this issue, but does my right hon. Friend agree that we should have a discussion about religious and ethnic culture, including languages, poetry and other forms of art and heritage that have for so long been ignored but that are now being destroyed in Iraq? The Mandaeans in northern Iraq and the Yazidis in eastern Syria are struggling to keep any form of culture at all.

[Karen Bradley]

My hon. Friend makes an important point, but he will accept that it is beyond the convention and, therefore, the Bill.

The first protocol requires parties to seize cultural property that has been illegally exported from an occupied territory and to return it at the end of hostilities. The second protocol sets out violations that are to be made criminal offences and provides an enhanced protection regime for cultural property.

The UK signed the convention in 1954, but decided not to ratify because its terminology was considered to be insufficiently clear and it did not provide an effective regime for the protection of cultural property. The 1999 second protocol removed those concerns, and in 2004 the Government of the day announced their intention to ratify.

The ways in which we will implement the specific obligations of the convention and its protocols generated a great deal of interest in the other place. We have been looking carefully at implementation, particularly considering what categories of cultural property should be afforded general protection under the convention in the UK.

A previous Administration undertook a consultation on implementation of the convention and its protocols in 2005. Although the majority of the findings set out in the 2006 response to the consultation remain relevant, we will also hold discussions with key stakeholders, including from the devolved Administrations and from agencies, to ensure that those conclusions are up to date.

The Bill will introduce the domestic legislation necessary for the UK to meet the obligations contained in the convention and its two protocols. Part 2 makes it an offence to commit a serious violation of the second protocol to the convention either in the UK or abroad. The Bill also makes provision to ensure that ancillary offences committed abroad can be prosecuted and that commanders and superiors can be held responsible in appropriate circumstances.

Following debate in the other place, we made a minor and technical change to ensure that the Bill’s provisions relating to ancillary offences have the intended effect in Scotland. That amendment was tabled by the Government following consultation with the Crown Office and the Scottish Government.

We have also changed the headings of part 2 and clause 3 by replacing the word “breach” with “violation”. Concern was expressed in the other place that there was a lack of consistency between the language of the Bill and the second protocol, and we made that change to address that. I am grateful to Professor Roger O’Keefe of University College London for his work on that particular point and on the Bill as a whole. I appreciate all the advice and feedback that we have received from experts in the field, which has been invaluable in shaping the Bill.

The maximum penalty for those offences is 30 years. It is important to emphasise that that is a maximum penalty, and it will be for the courts to decide the appropriate penalty in any particular case. It is critical that the penalty reflects the seriousness of the violations of the second protocol and that it is consistent with other penalties for related offences.

Part 3 recognises in UK law the blue shield—the distinctive blue and white emblem created by the convention, which is viewed by many as the cultural equivalent of the Red Cross. The emblem will be used to identify cultural property that is protected under the convention, as well as the people tasked with protecting it. The blue shield will be protected from misuse by making its unauthorised use an offence.

Part 4 implements measures to deal with cultural property that has been unlawfully exported from occupied territory.

[Chris Bryant (Rhondda) (Lab)]

Clause 17 states:

“It is an offence for a person to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.”

There could be an unreasonable reason. Will the Government be open to suggestions to improve the Bill so that people are not unwittingly caught by the law?

[Karen Bradley]

That concern has been raised with me outside this place by a number of right hon. and hon. Members, including my right hon. Friend the Member for Maldon (Mr Whittingdale), the previous Secretary of State, and my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier). The issue was not raised substantively in the other place but I understand that there are concerns, so the Under-Secretary of State for Culture, Media and Sport, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), and I will meet concerned parliamentarians, with officials, to make sure that we have comfort in this regard. It is important that we are clear that the Bill will not hamper the way in which the art market operates.

It is important to note that part 4 applies only to cultural property that has been unlawfully exported from an occupied territory after 1956, when the convention and first protocol came into force. Clause 17, which the hon. Member for Rhondda (Chris Bryant) has mentioned, creates a new offence of dealing in unlawfully exported cultural property. That offence applies only to unlawfully exported cultural property that is imported into the UK after the commencement of the Bill, which ensures that the Bill will have no retrospective application.

Scrupulous dealers have no reason to fear prosecution or increased business costs under the Bill.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the Secretary of State accept, though, that, regardless of whether an item is legal or not, if a country falls into a war situation, suspicion will fall on every item of property that would previously have been dealt with perfectly legally?

[Karen Bradley]

I do not think that that will happen, and it is certainly not the Bill’s intention, but I am happy, together with my hon. Friend the Under-Secretary, to speak to colleagues and to spend time with officials to make sure that we are all satisfied. We all want The Hague convention to be brought into UK law—62 years is too long. We want to get on with it, but also to make sure that we do so in a way that satisfies parliamentarians and means they are happy that it will deliver the desired effect.

Although dealers will need to satisfy themselves through due diligence that there is no reasonable cause to suspect that objects presented for sale have been unlawfully exported from an occupied territory, existing codes of conduct already oblige dealers not to import, export or transfer the ownership of objects where they have reasonable cause to believe that the object has been exported in violation of another country’s laws. Dealers will not be required to carry out any further due diligence beyond that which they should already be conducting. In order to commit an offence, a dealer must deal in an object knowing, or having reason to suspect, as the hon. Member for Rhondda has pointed out, that it has been unlawfully exported. If a dealer takes temporary possession of an object for the purposes of carrying out due diligence or providing valuations, they will not be dealing in that object, because they will not be acquiring the object.

The rest of part 4 outlines the circumstances in which unlawfully exported cultural property would be liable to forfeiture, and creates the necessary new powers of entry, search, seizure and forfeiture. Part 5 provides immunity from seizure or forfeiture for cultural property that is being transported to the UK, or through the UK to another destination, for safekeeping during an armed conflict.

Finally, part 6 ensures that if an offence under the Bill is committed with the consent or connivance of an officer of a company or Scottish partnership—for example, directors of private military contractors—that officer will be guilty of an offence, as well as the company or partnership.

There is already a legal framework in place that is designed to tackle the illicit trade in cultural property. The Dealing in Cultural Objects (Offences) Act 2003, the Theft Act 1968 and the Syria and Iraq sanctions orders enable the UK to take action where authorities suspect that individuals might be engaged in illicit trade. The Bill helps to strengthen that framework in relation to cultural property that has been taken illegally from occupied territories.

In addition to enabling prosecution, the existing legislation also has an important deterrent effect, sending out the message that the UK will not tolerate any illicit trade in cultural property. As well as providing teeth that can be used when required, the Bill will strengthen that deterrent effect.

[Tim Loughton (East Worthing and Shoreham) (Con)]

My right hon. Friend knows that I greatly support this Bill. She is talking about enforcement and greater teeth for the legislation. Why does she think there has been only one prosecution in this country since the Dealing in Cultural Objects (Offences) Act 2003? Should we not have done better by now?

[Karen Bradley]

My hon. Friend helps to make the point about the deterrent effect of the legislation. It is deterring dealers from taking cultural property that has been stolen from occupied territory. Clearly, law enforcement and others need to understand the legislation, the offences and the action that can be taken in order that prosecutions can be brought if there is evidence that a crime has been committed.

On passing the Bill, the UK will be the first permanent member of the UN Security Council to become a party to the convention and its two protocols. Given with the other initiatives we have set in motion in this area, we will have ensured, in the strongest terms possible, that the UK will be a champion for cultural protection in times of peace and war alike. I commend the Bill to the House.

[Kevin Brennan (Cardiff West) (Lab)]

I welcome the Bill’s Second Reading, and I thank the Secretary of State for her introduction. As she said, the Bill has been a long time coming, as it will enable the 1954 Hague convention to be ratified. It has taken only 62 years. Back in 1954, Winston Churchill was Conservative Prime Minister; Gaitskell, I think—my hon. Friend the Member for Rhondda (Chris Bryant) will correct me if I am wrong—was leader of the Labour party; and the Liberals had only six seats in Parliament, so some things do not change too much even over 62 years.

The destruction and theft of cultural heritage goes back long before 1954 and even before the second world war, the events of which triggered the Hague convention in the first place. Hon. Members will remember that in 1700 BC the Assyrians invaded Mesopotamia—now called Ramadi and Falluja in Iraq—stole the stone gods of the Arab tribes and took them back to Nineveh to force the Arabs to negotiate to get their gods back. It is a sad fact that the treatment of cultural artefacts in exactly those locations has progressed so little in the intervening 3,500 years. Indeed, it is worse now because of the destructive potential of modern weapons of war.

The previous Labour Government, as the Secretary of State pointed out, put the ratification of the Hague convention on the political agenda in 2004 and published a draft Bill in 2008, which was scrutinised by the Culture, Media and Sport Committee. Unfortunately, the Bill ran out of time, but we are pleased to see that the Government agree on the importance of protecting cultural property and of making that priority known to the international community by introducing the Bill. We hope that the principles of mutual respect and co-operation will permeate all Government policies from now on.

Cultural property is targeted because it matters. My hon. Friend the Member for Bishop Auckland (Helen Goodman), who is in her place, campaigned effectively—as did other hon. Members whom the Secretary of State mentioned—for the Government to introduce the Bill. As my hon. Friend has written,

“art, statues, architecture—these aren’t societies’ frills, but a fundamental part of the fabric.”

She is not alone in that belief. It is shared even by those whose first priorities might lie, correctly, elsewhere. Michael Meyer, head of international law at the Red Cross, has said:

“Why is the Red Cross worried about buildings and books when human lives are usually our focus? I will always argue that a human life is more valuable than a cultural object. But culture is essential to one’s identity. It’s an important factor for communities and nations.”

[Karen Bradley]

I want to put on the record my thanks to the hon. Member for Bishop Auckland (Helen Goodman). I failed to do so in my opening remarks, and I wanted to get that on the record.

[Kevin Brennan]

I thank the Secretary of State for doing so. It is characteristically generous of her, and I am sure that my hon. Friend and the House are grateful.

The Hague convention is based on the consensus that cultural property, moveable and immoveable, is central to identity. Such items embody a society’s past and encapsulate its ideas and often its ideals. Because of the consensus on the importance of cultural property, attacks on it in recent armed conflicts have drawn the attention of the international media. Daesh’s destruction of Palmyra and al-Qaeda’s demolition of mosques and mausoleums in Timbuktu have, quite rightly, sparked international outrage. For those who live in areas of armed conflict, the destruction of cultural property adds another layer of pain to the process of recovery in terms of both money and morale. Cultural property is a precious resource. When conflicts are over, monuments and their equivalents are key to kick-starting tourist-related industries, so cultural property can be crucial to economic regeneration.