Cultural Property (Armed Conflicts) Bill [Lords]

Kevin Brennan Excerpts

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

[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.

[Tom Tugendhat]

Does the hon. Gentleman agree that although Daesh brutality is obvious in places such as Palmyra, a more common example might be the golden mosque in Samarra, or the ethnic cleansing and the destruction of churches in places such as Mosul? Does he agree that cultural destruction often goes in hand with forms of ethnic cleansing, whether religious or sectarian?

[Kevin Brennan]

I strongly agree with the hon. Gentleman on that point. Palmyra was visited each year prior to 2011 by 150,000 tourists, and a UNESCO mission to the site in April this year found that the triumphal arch and the temple of Bel had been smashed to smithereens. In such circumstances, preserving and sometimes restoring as much as possible of these ancient structures is crucial to rebuilding. The Bill aims to provide the ways and means to allow states to do so.

In that respect, the offences and subsequent sanctions created by the Bill for damaging cultural property are particularly welcome, as is the introduction of immunity from seizure for cultural property that is being moved to or through the United Kingdom from an area of armed conflict for safekeeping. It is important to note that the UK armed forces already abide by the terms in the Bill and respect cultural property during conflict. The impact assessment that accompanies the Bill shows that their behaviour would need to change very little as a result of the introduction of the Bill. However, ratifying the 1954 convention would send a clear signal to the international community of what we already know at home: that the preservation of cultural property is a priority for the United Kingdom.

As I have mentioned, there are consequences for morale as well as for money when monuments are destroyed and when stone is turned to sand. When it comes to art and architecture, we expect continuity and longevity—a bridge between what was and what will be. Hon. Members will be familiar with the words of John Keats, who wrote about a Grecian urn:

“When old age shall this generation waste,

Thou shalt remain, in midst of other woe

Than ours, a friend to man”.

Just as preserving culture is about projecting pride and history, so the destruction of cultural property is bound up in power and subjugation. Hon. Members might have seen an interview that was given to the BBC by Mirza Hussain last year. In 2001, when he was 26, the Taliban took over his city in Afghanistan and ordered him to destroy the Buddhas of Bamiyan. The Buddhas were up to 55 metres tall and were carved into a cliff face in the sixth century, but the Taliban believed that they were idols.

Among a group of prisoners, Mirza was fed very little, left freezing cold at night and saw his fellow prisoner shot. He was then forced to detonate trucks of dynamite below the Buddhas, and when that did not work, two or three explosions were carried out every day until the Buddhas were destroyed. He said:

“We drilled holes into the statue to plant the dynamite. We didn’t have proper tools. The whole process took 25 days.”

He went on to say:

“I regretted it at that time, I regret it now and I will always regret it. But I could not resist, I didn’t have a choice because they would have killed me.”

I am sure that that will bring to hon. Members’ minds the tragic death of Khaled al-Asaad, the archaeologist who had worked at Palmyra for 40 years and was brutally murdered by Daesh in August last year at the age of 82 for refusing to reveal the whereabouts of Palmyra’s treasures.

That leads me to one of the central concerns about the Bill. We will support it on Second Reading tonight and throughout its later stages. However, although the Bill has been brought forward in the context of the aftermath of the destruction of cultural treasures in recent conflicts, it does not, as I understand it, cover the actions I have described because they were carried out by occupying forces that are not recognised states. I hope that the Minister will correct me if I am wrong, but the Bill will not necessarily prevent extremists from intimidating people into complying. In her response to the debate, will she tell us whether that comes within the Bill’s scope or powers?

[Tim Loughton]

I am genuinely impressed by the hon. Gentleman’s knowledge of Mesopotamian and other archaeology. Indeed, his own party’s Ed stone at the last election could be seen as an homage to the stele of Hammurabi, the great lawgiver of Mesopotamia in the 18th century BC. I want to query his last point, because it may well take another change to the UNESCO convention to take into account the modern phenomena of ISIL and other terrorist groups. Would he support our negotiating internationally to try to get the law brought up to date?

[Kevin Brennan]

I am sure that the whole House would welcome any measures that were negotiated internationally to cover these horrific crimes. In speaking for the Opposition, I am sure that we would support the Government should they seek to negotiate further international agreements to that effect.

I am conscious of the fact that the Bill will bring the 1954 convention into UK law, as well as give effect to the 1954 and 1998 protocols. In that sense, it is limited in its scope. It is important to point out on Second Reading that, although we all understand the context in which the issue has become more and more pressing in recent years, particularly in relation to what has been going on in modern Iraq—ancient Mesopotamia—and modern Syria, the Bill cannot deal with the perpetrators of such crimes. We may be able to deal with such crimes in other ways. For example, if UK citizens engaged in this activity went to fight on the side of Daesh in Syria, they might well be caught—I am sure that they would be—by other aspects of UK law, but that does not mean that the penalties available would be the same as those available under the convention in the Bill, including the possibility of a 30-year jail sentence for any breaches.

[Chris Bryant]

We have focused on trying to stop further outrages. Does my hon. Friend agree that the British Museum plays an absolutely vital role—not only in this country, but in modern Iraq and Syria—in trying to protect many Mesopotamian antiquities? Indeed, the British Museum was in closer contact than anybody else with those who were summarily executed.

While we are being nice to Government Members, will my hon. Friend congratulate the hon. Member for Newark (Robert Jenrick) on the fact that, from the moment he arrived in the House, he has pursued this issue?

[Kevin Brennan]

It would my pleasure to do so, and it is always nice, as well, to hear my hon. Friend being nice to Government Members.

As I have said, the Bill has been introduced in the context of such events, but it is important to note what it will and will not do. It will not necessarily prevent extremists from intimidating people into complying in the way that Mirza was intimidated into doing in Afghanistan. However, we welcome the ratification of the 1954 convention. It is part of an international project to ensure that we are not faced with gaping craters where great statues once stood. When she sums up, will the Minister be absolutely clear about what the Bill does and does not cover, so that there can be no doubt?

My hon. Friend mentioned the British Museum, which is a wonderful institution. If we are candid, however, we should recognise that our own hands are not necessarily entirely historically clean in relation to the removal of cultural property. That occurred in Britain’s colonial history, and it was used to build British wealth and power at the direct expense of colonised nations. Recent speculation concerning the repatriation of the Parthenon marbles to Greece, as well as campaigns to return the Koh-i-noor diamond to India and the Benin bronze cockerel to Nigeria, shows that the removal of cultural property reverberates through the centuries. I notice that the hon. Member for East Worthing and Shoreham (Tim Loughton) is shaking his head.

[Tim Loughton]

The hon. Gentleman is revisiting an old canard. Will he not just acknowledge that, for example, the Elgin marbles would not exist had they not been saved by the people who endowed the British Museum? The British Museum is a world museum. It is visited by 7 million people, which is substantially more than the number who visit the Parthenon in Athens. These treasures of the world can be seen in the best possible context, rather than decontextualised and open only to the few who would have to pay an admission fee elsewhere.

[Kevin Brennan]

I will not get into a lengthy debate about the wheres and the what happens.

[Chris Bryant]

You started it.

[Kevin Brennan]

I have spent my whole life starting fights and then running away from them. That is what happens when you are quite small.

Occasionally, when we get on our high horse about these things, we should remember that there have been times during the course of history when we have removed cultural property from others during warfare and, indeed, when we have destroyed cultural property. The convention applies only to events after 1954, so we fortunately do not have to revisit all those times in too much detail; otherwise, before we knew it, we would have SNP Members going on about the Stone of Scone.

[Brendan O’Hara (Argyll and Bute) (SNP)]

We’ve already got it.

[Kevin Brennan]

I think the hon. Gentleman is going to mention that in his speech.

In that light, the particular attention paid in part 4 of the Bill to the export of property from occupied territory is especially important. With Britain’s history in mind, the ratification of the first protocol could be said to indicate that we have at least learned something from any past transgressions and that the UK is committed to supporting other states in avoiding that sort of event.

I understand—the Minister will correct me if I am wrong—that no one has ever been charged with the destruction of the Buddhas of Bamiyan. That brings me to some of the technical concerns about the Bill. Will the Minister say how, if at all, The Hague convention would apply to the conflict in Afghanistan and other such recent conflicts? Likewise, there are concerns that a convention written in the 1950s, of which the most recent component—the second protocol—was drawn up in the relatively early years of the internet, will not sufficiently protect cultural property in digital form. We have come a long way from the days of Keats’ Grecian urn. The success of the landmark legal case against Uber on Friday is part of an ongoing effort to bring legislation up to date in relation to digital advancements, and the Government must bear that in mind. My hon. Friend the Member for Sheffield, Heeley (Louise Haigh) and I have been busy working away in Committee on the Digital Economy Bill, which is meant to update legislation to reflect the digital revolution.

Lord Stevenson raised that issue during this Bill’s Committee stage in the Lords in relation to how cultural property is defined, and he received assurances from the Minister, Baroness Neville-Rolfe, that the wording was “flexible enough” to encompass technological advancements. If the Minister is willing to do so in her summing up, will she reinforce that reassurance that digital formats will equally be protected and included in the Bill’s definition of cultural property? As the convention dates from 1954, some of the definitions may seem slightly arcane, but some of the finest cultural objects in this country are things such as the archive of the British Film Institute—I have visited it—which can only be described as an absolute treasure trove of this country’s culture. Confirmation from the Government that such cultural artefacts are covered by the Bill, in bringing the convention into UK law, would be very helpful.

I want to ask one or two questions about how joined-up the thinking is. During the Second Reading debate in the Lords, Lord Redesdale mentioned the Ministry of Defence’s plans to create a squad of monuments men—and, presumably, women as well—whose focus would be to safeguard cultural property during armed conflicts. As I understand it, they would be soldiers with archaeology qualifications and the like. Meanwhile, the Department for Education has been campaigning against so-called soft subjects, leading to exam boards ending archaeology, art history and classical civilisation A-levels. The AQA explained its decision to cut A-level archaeology as follows:

“Our number one priority is making sure every student gets the result they deserve…the complex and specialist nature of the exams creates too many risks on that front”—

I am not sure how not offering an exam in a subject will make it any less specialist than it already is. On history of art, the AQA stated that the decision had nothing to do with the importance of the subject and

“won’t stop students going on to do a degree in it”.

That logic seems flawed to me. But it does not make a pretty picture overall, let alone a masterpiece, to have the Ministry of Defence wanting more soldiers with knowledge of art history and archaeology and the Department for Education cutting those same subjects from our classrooms, while the Department for Culture, Media and Sport is ratifying conventions and proclaiming that a national priority.

[Tom Tugendhat]

The hon. Gentleman is making a very fine speech, but had he spent any time in an officers’ mess, he would realise that art history surrounds people, archaeology is what they are equipped with and history of culture is often what they are eating. I do not feel that there is a need for much more qualification than that.

[Kevin Brennan]

I have spent a lot less time in officers’ messes than the hon. Gentleman, but I have spent a lot of time in the classroom as a teacher. The loss of those subjects undermines the Government’s stated aims. I will make this next point very carefully, but it seems to me that it should not only be those who have had access to those subjects through private education, who may well form a disproportionate number of officers in the armed forces—[Interruption.] I will allow the hon. Gentleman to correct me that score, but it should not be only those people who qualify for these jobs in the monuments squad that the MOD says is necessary and wants to recruit. Will the Minister therefore indicate which policy is the outlier? I am sure that she will produce a very creative argument to explain everything to the House.

I have outlined some of the issues that need to be clarified, but we support the principles behind the Bill because they firmly chime with our own. At the core of the convention is the belief that we must co-operate to promote human wellbeing. The 1954 convention states that

“damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world”.

The Labour party has championed those beliefs throughout our history—that everyone is entitled to their culture and heritage and their right to express it, that the success of one is tied to that of all society and that we must work in solidarity with each other because we are all the better for it when we do so.

Given the unfortunate and occasionally ugly tone of political discourse in recent times, the Bill is a welcome reminder of internationalist values and shared civilisation and culture. We have had an increase in attacks since the Brexit vote. In that context, the Bill recognises the importance of preserving our collective past and cultures and the fact that that is now more important than ever, whatever someone’s heritage and background.

The Bill is a signal to the international community not just of our national priorities but of the UK’s remaining willingness to co-operate on an international scale and a recognition that we can often enact change better together. It gives welcome hope that, although occasionally some Government rhetoric may shrink towards little England, Britain still has great aspirations to play a leading role in a rules-based world. The Bill may not be controversial, but it is a small beacon showing that the Government recognise that division is not the way forward, that we have more to gain through co-operation internationally and that we should extend to Syrian people fleeing conflict and seeking refuge the same respect that we give to their ancient architecture and monuments. We will not oppose the Bill; rather we hope the principles behind it will permeate through the Government’s principles.

--- Later in debate ---

[Mr Whittingdale]

My hon. Friend makes an extremely good point. Most of the attention has been on wilful destruction, but he is absolutely right that the trade provides finance to Daesh. We must do everything we can to stamp that out, which is why I support the principle that it should be unlawful to deal in illegally exported cultural property.

I pay tribute to the efforts already made by the Ministry of Defence and commanders in the field to abide by the terms of the convention, even when it was not ratified. When the Committee took evidence from the MOD, it said it would review and strengthen the commitment it had already given that training should take account of the absolute priority of abiding by the requirements of the convention.

The Committee heard concern about one aspect of the Bill: the offence of dealing in unlawfully exported cultural property. The first concern was about the definition of occupied territories. At the time, we were told that it was a very narrow definition, or that only a narrow group of countries or territories could be considered to be occupied. In 2008, the regulatory impact assessment identified the Golan heights, East Jerusalem and the west bank. Unfortunately since that time, the list of occupied countries has grown—I draw attention to Crimea. For the purposes of certainty for those dealing in cultural objects, it would help if we clarified exactly which territories we consider to be occupied.

The more serious concern related to clause 17, which makes it an offence

“to deal in unlawfully exported cultural property, knowing or having reason to suspect that it has been unlawfully exported.”

As has been pointed out by the legal advisers, there is a huge difference between “having reason to suspect” and “to suspect”, which is causing concern. If the definition of the offence covers “reason to suspect”, it gets into mens rea, as I understand lawyers call it. I will leave it to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) to say more on that subject with considerably greater expertise.

The issue was flagged up for the Committee when we looked at the Bill eight years ago, which is why we suggested a clearer requirement of dishonesty. That is what currently applies in the Theft Act 1968, which carries a penalty of seven years, and in the Dealing in Cultural Objects (Offences) Act 2003, which also carries a penalty of seven years. The Bill introduces a penalty of seven years, and therefore it seems reasonable to ask that the same threshold should be required. I am delighted to hear from the Secretary of State that she is aware of that concern and will have further discussions.

[Kevin Brennan]

The right hon. Gentleman makes an important point. Is he aware how many people have been convicted under the 2003 Act? My understanding is that the number is very low, and perhaps even zero.

[Mr Whittingdale]

That point was made by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) earlier. The fact that there have been no convictions does not necessarily imply that the Act is not working—it is important to have it on the statute book. I do not believe that this country is full of dodgy art dealers who wilfully ignore the law and deal in plainly illegally exported objects.