Unauthorised Entry to Football Matches Bill

Debate between Kevin Brennan and Tracey Crouch

Committee stage
Wednesday 8th May 2024 Public Bill Committees

[Kevin Brennan (Cardiff West) (Lab)]

It is a great pleasure to serve under your chairmanship, Dame Maria. Following your guidance, I intend to cover the whole Bill and my proposed amendment to its long title in my remarks. I thank everybody for coming along this morning—let’s see if we can make a law.

The Bill is intended to address a real concern that has come up in football, namely the problem of unauthorised entry to football matches. Members of this Committee will be familiar with the Euro 2020 finals, which saw England host the élite men’s competition. I do not need to remind hon. Members that the English team got to the final, but lost on penalties; however, the day was also spoilt for many fans and for many watching by the disorderly scenes of people attempting to enter Wembley stadium, which is within the constituency of my hon. Friend the Member for Brent Central. It is good to see her here today—to support the Bill, I hope.

Those fans were attempting to enter Wembley stadium without tickets. It is believed that between 3,000 and 5,000 ticketless fans were able to gain entry to Wembley stadium on that occasion using a tactic often known as tailgating, which refers to two people going through the turnstiles on one ticket. Many of those entries were forced on members of the public who held official tickets. If any members of the Committee were actually at the final, they may have witnessed the aggressive behaviour, disorder and overcrowding that compromised the safety and security of stewards, police officers, spectators, players and officials, and indeed tarnished England’s reputation as a host of major sporting events.

I am delighted that England, Wales, Scotland, Northern Ireland and the Republic of Ireland are due to jointly host the Euro 2028 competition. Clearly, we should do all we can to ensure that such scenes do not reoccur on that occasion. The actions of those who entered the Euro 2020 final without tickets not only were unsettling, but posed a real threat to the safety of thousands of attendees at the match. In the report she was commissioned to write by the English Football Association, Baroness Louise Casey concluded that the events of that day could have resulted in a tragic loss of life. We have seen too many such tragedies at football matches in recent decades caused by inadequate safety regulation and policing for this House not to take legislative action where a further gap in the law is indicated.

In discussing clause 1, I should point out that during my time on the Culture, Media and Sport Committee— I am delighted that so many members of that Committee are present, including the esteemed Chair, the hon. Member for Gosport—we undertook an inquiry into safety at sporting events. I think all members of the Select Committee were surprised to discover that entering or attempting to enter a football match without a ticket is not a specific criminal offence. In our subsequent report into safety at major sporting events, which was published in December 2023, the Committee supported the need for my new Bill to rectify that gap in the law. I am delighted that all the Committee members representing seats in England and Wales, which is the territorial extent of my Bill, co-sponsored the Bill to bring our recommendations to law. I also thank the Government for their support of the Bill.

Clause 1 creates a specific offence of unauthorised entry to designated football matches by inserting the new offence into the Football (Offences) Act 1991. It is aimed at deterring people from attempting to enter stadiums without a valid ticket. A fine of up to £1,000 could be levied, but even more importantly, a conviction for that offence could lead to a court-imposed football banning order, preventing a person from attending football matches for between three and 10 years. That represents a strong deterrent for any football fan.

Allowing the Bill to be applicable on any relevant premises reflects the need for cordons to be established outside the stadium where it is believed necessary. In fact, at Wembley stadium that is a common feature of the way that such matches are organised. The law envisioned under the Bill could then be enforced at such places, even when they are not part of the stadium itself.

The scope of the Bill encompasses the designated matches envisaged in the regulations made under section 1 of the 1991 Act. Currently those are matches in the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, and the Cymru premier league, along with international fixtures held in England and Wales. In the case of my own Cardiff West constituency, the Bill would impact matches played at the Cardiff City stadium by Cardiff City football club and the Welsh national team. I should pay tribute to the great atmosphere created at home games by Cardiff City fans and the club’s welcome of away fans, which led to an award from the Premier League when the Bluebirds were in the top flight.

I should also praise the exemplary conduct exhibited by the Welsh supporters of our national team —the wal goch, as they are known in Wales—during home matches, as well as the electric atmosphere that they cultivate through their fervent renditions of anthems such as “Hen Wlad Fy Nhadau” and “Yma o Hyd”. It is to ensure that fans, including young children, are kept safe that my Bill is so important.

On Second Reading the issue was raised of why the measure applies only to football matches, because ticketless entry to venues is a concern for other sporting events, as well as live music and a range of other activities. For example, hon. Members will be aware of the tragedy that occurred at the O2 Brixton Academy in December 2022, where ticketless individuals, combined with poor organisation, might have played a role in two fatalities.

Some Members have suggested that the Bill could be more expansive in its remit. However, that would require much more extensive and lengthy consultation and evidence gathering. We have an opportunity here to amend legislation already on the statute book, with significant football events on the horizon. I think that justifies bringing forward a measure that applies specifically to football. I hope that the Government and Parliament will continue to explore the wider issue of safe entry to events and will support well-evidenced legislation on the matter.

There is only one amendment. It was tabled in my name and would alter the long title of the Bill, reflecting the fact that express provision is not required in the Bill to enable a football banning order to be imposed following conviction for the new offence that the Bill creates. When the long title was originally laid, we were not certain where the best home would be for the new offence of unauthorised entry to football matches.

However, as my Bill utilises the Football (Offences) Act 1991 as the appropriate place for the offence, it means that the courts are already empowered to impose a preventive football banning order against a person convicted of any offence under that Act. As we are inserting an offence into that, we have the amendment for the long title because the Bill does not need to contain a specific provision for the offence to be listed as one for which imposing a football banning order is available following conviction. In other words, that bit of the long title is otiose and can be shortened to reflect the actual effect of the Bill. I hope the Committee will assent to that minor technical change to the long title.

I hope the Committee will support my Bill as amended, acknowledging its significance in safeguarding the interests of football fans, players and the wider community. As I said, it has support across the House, from the cross-party Culture, Media and Sport Committee, from the Government and official Opposition. It has the support of the English Football Association and the Football Association of Wales, and the Football Supporters’ Association acknowledge its intent to keep fans safe.

[Dame Tracey Crouch (Chatham and Aylesford) (Con)]

I congratulate the hon. Gentleman on bringing forward the Bill. I was at the final and was caught in the surge of fans who were trying to rush the gates. It was incredibly scary, even for those of us who have been going to football matches for most of our lives. I was surrounded by young children who were there to enjoy that incredible opportunity for the England team. I pay tribute to the hon. Gentleman for bringing forward the legislation, which has cross-party support.

[Kevin Brennan]

I am extremely grateful for all the work the hon. Member has done on football. I participated on Second Reading of the Football Governance Bill recently. It was an enormous achievement on her part to get the Government to bring forward that Bill. It means a lot to me that she intervened and is here to support the legislation. I thank her for that.

By allowing the Bill to be reported, we can send a resounding message that such conduct as was seen at the Euro 2020 final will not be tolerated, emphasising the importance of ensuring safety and security when attending football matches. The legislation reaffirms our dedication to the wellbeing and integrity of football, and restores our collective duty to tackle the challenges confronting the sport. It upholds the role of the sport as a unifying force in our society. I urge hon. Members to endorse the Bill, including the amendment, thereby contributing to the enhancement, safety and enjoyment of football matches for all.

Draft Gambling Act 2005 (Amendment of Schedule 6) Order 2018

Debate between Kevin Brennan and Tracey Crouch

Monday 29th January 2018 General Committees

[Tracey Crouch]

That is about integrity. Within the gambling review, there is a section on in-play betting, in particular the relationship between advertising and in-play betting. There is a slight nuance in my answer to the hon. Gentleman’s question. We are aware of some of the tone and content issues around in-play betting, but the gambling review is not looking specifically at that. The legislation would necessarily look at those issues. I remind the hon. Gentleman that the 2005 Act is a piece of Labour legislation, and I am merely updating it to include a new set of organisations to ensure we have the widest integrity set within sport.

That goes back to the comments from the hon. Member for Cardiff West. Strict rules and regulations are in place for betting on sport, and particularly on football matches. He mentioned recent press reports on Joey Barton and family members and so on, but is important to remember that while we have not seen any evidence around the 50% figure referred to, the Football Association takes such matters seriously. The Professional Players Federation should be commended for its work in educating professional athletes, including footballers.

The FA has banned players and people involved in football from betting on football competitions. The Gambling Commission also looks into such issues and has the power to deal with them. Those rules and regulations are in place, and we clearly need to keep an eye on what is happening.

The hon. Member for Cardiff West mentioned other sports and asked why not all governing bodies in this class have been added. That is because not all governing bodies recognised by the home Sports Councils have the standard of information management that would let the Gambling Commission share information routinely with them. The commission is working to engage those organisations about betting integrity considerations and to promote best practice. However, for this tranche, it was felt that not all sports organisations were necessarily applicable.

It is vital that the commission is regarded as an organisation that treats data with respect. Given that the hon. Gentleman has done much on the digital economy and data protection with the Secretary of State, I am sure he fully understands that point.

[Kevin Brennan]

I asked specifically about British Cycling, which I was particularly interested in. Was it not included because it is unable to meet those standards?

[Tracey Crouch]

I cannot answer that question at this point. I will get back to the hon. Gentleman when I know whether there is an answer.

With respect to the hon. Gentleman’s comments on the economic evaluation, an evaluation of the impact of updating schedule 6 was carried out. The measure is not expected to impose any burdens on sports governing bodies. It is estimated that each legal advice request costs about £6,700 if required for the Gambling Commission. That information was provided by the Gambling Commission, but that is only an estimate and every request varies. The burden is lightened by being added to schedule 6, so organisations can share without that legal check, which is the point the hon. Gentleman made.

On territorial extent, I am pleased that the UK is home to many international sports bodies. We have hosted some of the greatest sporting events, including in Cardiff, which hosted the champions league final last year. We should be proud of that. With that in mind, it is only right that all relevant international sports bodies such as the Tennis Integrity Unit, the International Olympic Committee, the International Paralympic Committee and the Commonwealth Games Federation are listed in schedule 6. Tackling corruption and protecting the integrity of sport requires a co-ordinated approach both domestically and internationally.

On the hon. Gentleman’s question about Northern Ireland, the Gambling Commission regulates gambling in Great Britain—it is entirely devolved in Northern Ireland. However, schedule 6 lists a number of international as well as domestic sporting bodies with which the Gambling Commission can share information to tackle corruption and protect the integrity of sport. The commission already shares information with sports bodies based in devolved Administrations, such as the Welsh Football Association. The update will also include World Rugby Ltd and the Rugby League European Federation, which are based in Ireland.

[Kevin Brennan]

I do not want to labour the point too much, but my point is that it seems entirely understandable that international bodies that operate within Great Britain, such as the International Olympic Committee or whatever, might be part of the list. However, it seems odd that a body that operates entirely outside the jurisdiction of the Gambling Commission was included when the draft order specifically relates to Great Britain, not Northern Ireland. That is the point I was trying to make, but I will not labour it.

[Tracey Crouch]

Gambling is, in many respects, regulated and taxed at the point of consumption. We have to remember that it is about consumers and protecting the integrity of sport within these shores.

The hon. Member for Chesterfield raised some excellent points around tennis, which I know is a passion of his. I am pleased that the Tennis Integrity Unit is now coming on to the list. We will both remember the scandal that rocked tennis about 18 months ago, which I think exposed the vulnerability of younger players coming through the system, and in those sports he mentioned that do not give the highest level of prizes at the earliest part of the players’ journeys. The Sports Betting Intelligence Unit works incredibly well with operators and federations to keep a watch on those things. Having the Tennis Integrity Unit on board means that we can have much better oversight and control over the sports he referenced, particularly where individuals are concerned.

The hon. Members for Cardiff West and for Paisley and Renfrewshire North made the point that betting has changed. The reality is that betting in sport has increased with the advent of new technologies. Many sports are played in the UK and the wider world. To go back to another point made by the hon. Member for Cardiff West, I do not think it would be proportionate to simply list all those sports in schedule 6. The approach we are taking in the UK is primarily risk based, which has informed the sports bodies being presented for inclusion. That obviously includes tennis. The hon. Member for Paisley and Renfrewshire North also raised issues around integrity and protection.

It is important to remember that millions of bets are placed on sport every day, and a huge amount of work goes on behind the scenes to ensure that the integrity of betting on sport is maintained. The draft order that the Committee is considering will make sure that we update all the regulations to ensure that the sports that we love maintain that high level of integrity.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Gambling Act 2005 (Amendment of Schedule 6) Order 2018.

Music: Contribution to the UK Economy

Debate between Kevin Brennan and Tracey Crouch

Friday 3rd November 2017 Commons Chamber

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

I am delighted to respond to this debate, and I am grateful to the hon. Member for St Helens North (Conor McGinn) for securing it. The Minister for Digital, who has responsibility for the music industry, is disappointed that he cannot be here to respond in person. Given the hon. Gentleman’s comments on the music scene in his constituency, I am sure the Minister for Digital will be delighted to visit.

The hon. Gentleman forgot to mention one of the greatest bands ever to come out of Manchester: the Stone Roses. I also hope the hon. Member for Cardiff West (Kevin Brennan) was listening to the intervention of the hon. Member for Bury North (James Frith). It is about time that MP4 became MP5.

I echo the thanks of the hon. Member for St Helens North to UK Music, its chair Andy Heath, its current and former CEOs, Michael Dugher, Jo Dipple and Feargal Sharkey, and all its member organisations for their sterling work over the past 10 years. The Government have consistently championed the British music industry and the incredible talent that makes the sector such a great success story for the UK.

As the hon. Gentleman said, UK Music’s excellent “Measuring Music” report shows that in 2016 music contributed more than £4 billion to the UK economy, up 6% on the previous 12 months. The report also highlights that the number of jobs in music grew more quickly than across the rest of the jobs market to more than 140,000, and that exports were up 13% to £2.5 billion across the whole sector. As the House has already heard, UK Music’s equally excellent report “Wish You Were Here”—incidentally, the title of one of the albums in my all-time top five—demonstrates that music tourism is also enjoying a massive boom, with the total number of music tourists from the UK and abroad increasing by 20% in 2016 to 12.5 million, generating a £4 billion total spend.

The contribution of the music industry is not simply economic; it also plays a vital role in the UK’s cultural landscape. Music is one of the things that make our country great, and it provides many people’s first introduction to all things British. Our artists are providing billions of people with the daily soundtrack to their life, and of course the talent does not end with the singers and musicians. We cannot overlook the outstanding producers, sound and lighting engineers, songwriters, composers and arrangers, promoters, stage managers, roadies and many others who are all part of the UK’s vibrant music ecosystem.

What we need to do as a Government is continue to create and support an environment in which our music industry is able to thrive. Over the past seven years, the Government have shown their commitment to the industry in a number of ways. Between 2012 and 2016, we have invested more than £460 million in a wide range of music and cultural education programmes. Further to this, we have committed to investing £75 million a year in music education hubs between 2016 and 2020. Orchestras and large musical groups are eligible to benefit from the orchestra tax relief, which was introduced in April 2016. The music export growth scheme is making almost £3 million of grant funding available to help support the launch of UK artists to international markets. That was developed in partnership with the British Phonographic Industry and will be funded by the Department for International Trade, between 2016 and 2020. BRIT award winners Catfish and the Bottlemen, MOBO-winning singer/saxophonist YolanDa Brown and Mercury prize winners Young Fathers are just some of the those to benefit.

The Live Music Act 2012 has made it much easier for promoters to organise live music events, and we made changes to the permitted development rights, making it easier for well-established music and cultural venues to operate. The rehearsal room scheme, originally set up by my Department and UK Music, and now overseen by the latter, created 14 music rehearsal spaces in areas of England experiencing multiple deprivation. Funding of £440,000 provided instruments and equipment, and contributed to the cost of necessary works, such as sound proofing.

The Government have taken a number of steps to bolster the enforcement of copyright including: increasing the maximum custodial sentence for criminal online copyright infringement offences; providing £3.6 million to the educational aspects of the Creative Content UK programme; and brokering a voluntary code of conduct between rights holders and search engines to reduce the number of infringing websites in search results.

Grassroots music venues, supported by their grassroots-equivalent recording studios and rehearsal rooms, are where so many of our world-class musicians take their first steps on the road to success. The Government believe that this vital and vibrant part of the music ecosystem must be allowed to prosper. We have already reformed entertainment licensing and made changes to planning requirements, making it easier for small venues to operate. We are currently exploring a range of issues with industry and government stakeholders, including: working more closely across government to better support the sector; the “agent of change” principle; the impact of business rate rises on grassroots music; the availability of suitable space; and Form 696, which I will come on to deal with in a moment.

[Kevin Brennan (Cardiff West) (Lab)]

The Minister mentioned the Live Music Act. As she knows, that started as a private Member’s Bill. My hon. Friend the Member for St Helens North (Conor McGinn) mentioned the private Member’s Bill of my right hon. Friend the Member for Warley (John Spellar). If the Government are considering any kind of change, will they consider taking up his Bill?

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

Debate between Kevin Brennan and Tracey Crouch

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

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

As always, it is a pleasure to serve under your chairmanship, Mr Turner. Welcome to the afternoon session. As the hon. Member for Cardiff West pointed out, the morning’s session was full of consensus and we moved quite swiftly through the Bill. It is a pleasure to continue this morning’s work.

Before I get into the detail of clause 17, allow me—for the second time—to answer directly the hon. Gentleman’s question, this time on consultation, which he raised about the Secretary of State and I holding further meetings. I can confirm that the Secretary of State and I have both had further meetings with stakeholders, as have officials. I am grateful for the time that others have afforded us to have further discussion on this clause.

[Kevin Brennan]

The Minister also said on Second Reading—it is in column 700 of Hansard—that she would meet concerned parliamentarians. Was she able to do so, as part of that process?

[Tracey Crouch]

I am pleased to confirm that I have had meetings with concerned parliamentarians since Second Reading, and I am sure that I will continue to do so before Report, if necessary.

The debate this afternoon has been interesting. I am grateful to colleagues for raising these issues, because it allows me as Minister to try to reassure them and other stakeholders who are concerned about clause 17.

Clause 17 creates the offence of dealing in cultural property that has been unlawfully exported from occupied territory. An offence is committed if a person deals in unlawfully exported cultural property when they do so knowing or having reason to suspect that it has been unlawfully exported. The amendments tabled to clause 17 seek to modify or remove the “reason to suspect” element. It is therefore important to explain our approach to the mental element of the dealing offence.

First, we did not develop this approach in a vacuum. The wording was developed following discussions with the police, who felt that this threshold was appropriate. Crucially, I understand that the national policing lead for cultural heritage crime remains content with our approach. Secondly, the mental element of the offence created by clause 17 is comparable to similar offences concerning cultural property implemented by the Iraq and Syria sanctions orders, which use “reason to suppose” and “reasonable grounds to suspect”. The offences created by those sanctions orders are the most appropriate comparators, as they deal with cultural objects which have come from situations of conflict. Thirdly, we know that the Bill sets a lower threshold for criminal intention—or mens rea—than other existing legislation, including the Dealing in Cultural Objects (Offences) Act 2003. However, the Government consider this to be appropriate, given that it is designed to protect a very special and limited class of cultural property that is of great importance to all people, as defined by article 1 of the convention.

As part of my discussions with concerned stakeholders in the House, I have taken representation from those with close connections to the art market. When they have been discussing issues around the difference between the mens rea in the 2003 Act and in this Bill, there was a suggestion that perhaps we should review the 2003 Act when the opportunity arises. If there is continued concern about the differences between the mens rea in this Bill and that in the 2003 Act, we will certainly look to increase the mens rea in the 2003 Act, rather than watering down the mens rea in the Bill.

To be clear, we arrived at our approach for three main reasons: first, following consultation with the police; secondly, due to the close analogy with the Syria and Iraq sanctions; and thirdly, because we are looking to protect such a small and special class of objects. We are pleased to note from the written evidence the support we have for that approach, including positive statements from academics, the British Museum and the Council for British Archaeology. I draw Members’ attention to the views set out in the British Museum’s written contribution:

“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 wording should remain ‘knowing or having reason to suspect that it has been unlawfully exported’”.

I find the museum’s views particularly compelling as its officials regularly offer their expert advice to the art market as part of the due diligence process.

My hon. Friend the Member for Enfield, Southgate stole my quotation from the British Red Cross, but it is worth repeating that it said that

“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.”

I want to move on to consider the impact of our approach and explain how it will work in the real world. Reason to suspect is primarily an objective test, in that the prosecution need not show that the defendant personally suspected that cultural property was unlawfully exported—only that a reasonable person would have suspected that it was. However, the prosecution must be able to point to something that would or should have caused a reasonable person to suspect. It therefore has to be shown that the defendant was personally in possession of the knowledge that would cause a reasonable person to suspect.

A dealer who took possession of an object merely for the purpose of carrying out due diligence would not be committing an offence, as that would not be classed as dealing. They would commit an offence only if, having been through the due diligence process, they went on to deal with the object after discovering or having had reason to suspect that it was unlawfully exported. The Bill will not require art dealers to change how they operate. The art market is a self-regulated industry and the trade associations already have clear due diligence guidance and checklists in place, which they expect dealers to follow before putting an object forward for sale.

My hon. Friend the Member for Kensington and others raised concerns in the consultation in the run-up to the Bill that a phone call received or accusations published in a blog post shortly ahead of a sale could stop it from proceeding. However, those are already issues for the market, and they will not be solved by watering down our Bill. If new, convincing evidence is presented about the provenance of an object shortly before an auction, we would already expect dealers to pause and consider whether they need to undertake further due diligence. If, however, the claim is a completely false accusation with no evidence to back it up, it may be perfectly legitimate for a dealer to ignore it. Such accusations are unlikely to be considered a reason to suspect that an object has been unlawfully exported. We have listened to the concerns of the art market, but it has not provided any compelling evidence to support the idea that the Bill would create insurmountable problems for the market, or increase the amount of due diligence that it needs to undertake.

The hon. Member for Cardiff West has suggested removing “reason to suspect” altogether, which would mean that an offence would be committed only if it could be proved beyond reasonable doubt that a defendant knew that they were dealing in unlawfully exported cultural objects. That sets the bar far higher than for either handling stolen goods under the Theft Act 1968 or dealing in tainted cultural objects under the 2003 Act. I am concerned that requiring proof of actual knowledge on the part of the dealer, as opposed to reason to suspect, could actually discourage less scrupulous dealers from carrying out due diligence, and enable them to turn a blind eye to things that would cause a legitimate dealer to ask more questions.

I appreciate that the Opposition’s amendment is probing, but I was a little surprised by it, given that on Second Reading the hon. Member for Sheffield, Heeley (Louise Haigh) criticised the threshold of the 2003 Act for being too high and seemed content with the level of mens rea proposed in the Bill. She hoped that on that point

“the Minister will stick to her guns”——[Official Report, 31 October 2016; Vol. 616, c. 736.]

The amendment would make it much harder to prosecute dealers who deal unlawfully in cultural property. That seems to me to be an extraordinary change in position; but fortunately the amendment is merely probing.

My hon. Friend the Member for Kensington has proposed amending “reason to suspect” to “believing”. Her amendment would raise the threshold for criminal liability so that proof was required of the dealer’s belief that the object was unlawfully exported. That would be seen in a number of quarters as a watering down of the Bill. The offence created by clause 17 will not have an adverse impact on legitimate dealers who have continued to operate since the Iraq and Syria sanctions came into force, but it will cause unscrupulous ones to think twice. Dealers should always be concerned to establish that any cultural object that they are asked to deal with has good and lawful provenance. The argument that this new offence will stifle the art market seems to imply that dealers are happy to risk dealing in unlawfully exported objects as long as they cannot be prosecuted. Dealers should not be taking such risks in any event; where there are question marks over provenance, they should simply not deal in those cultural objects. I would like to stress once more that the Bill should not require changes to the due diligence processes that the art market already follows.

I refer to the wise counsel of my hon. Friend the Member for Huntingdon and his experience of the issue with regard to the Bribery Act 2010. I confirm that the Government are committed to updating the guidance available to all stakeholders in this Bill. We stand ready to work co-operatively with the art market to ensure that all dealers understand their roles and responsibilities. That could if necessary include consultation before the guidance is issued, if that is helpful. I hope that reassures hon. Members and that the hon. Member for Cardiff West feels able to withdraw the amendment.

[Kevin Brennan]

I thank the Minister for her response. I confirm that amendment 7 is a probing amendment. She quite rightly picked up on the summing up that my hon. Friend the Member for Sheffield, Heeley made on Second Reading. This is an important issue and the debate has been useful, and a probing amendment is a useful vehicle for a debate. The Minister just mentioned the hon. Member for Huntingdon, and it is useful to have on the record her commitment on the guidance.

Several extended metaphors have been used during our debate. The hon. Member for Kensington talked about gold-plating. I do not think anything that is gold-plated is covered in the Bill; it might not be of sufficient cultural importance. [Interruption.] I have at last provoked a reaction from my hon. Friend the Member for Rhondda, who insisted that he would take no part in today’s proceedings. He did comment from a sedentary position that it was a rather extended metaphor about the blank canvas. Of course, we want to make sure that nobody gets framed.

One of the many interesting things that the Minister said was that the Government are considering increasing, or strengthening, or decreasing the mens rea, whichever way round it is. I do not know the correct phrase; I am not a lawyer.

[Tracey Crouch]

I said that we would be happy to consider doing that, if the art market and stakeholders were interested in making sure that the Bill and the 2003 Act were more aligned.

[Kevin Brennan]

I will not get into a discussion on the difference between being happy to consider something and considering something, much though I would enjoy that. I will rephrase: the Minister confirmed that she would be happy to consider changing the threshold in relation to the 2003 Act.

The Government’s position is quite interesting. There has been only one successful prosecution and conviction under the 2003 Act, in May this year; somebody was convicted after having gone around historical churches across the country and stolen Bibles, statues, friezes and even two 15th century oak panels in Devon. They pleaded guilty to 37 offences of theft under the 2003 Act and received a three-year sentence. However, the Government were keen to say on Second Reading—this is how I understand their position—that that in no way reflects the Act having too high a threshold for prosecution, and that it might in fact be a result of the Act acting as a deterrent. I do not believe that. I think that if people are being prosecuted, it is under the Theft Act 1968 or other Acts relating to these sorts of offences.

--- Later in debate ---

[Kevin Brennan]

We now come to part 5, which is on property removed for safekeeping. It would be helpful if the Minister outlined the Government’s approach.

[Tracey Crouch]

Clause 28 provides immunity from seizure and forfeiture for cultural property that is protected under article 12 of the convention—that is, property being transported to the United Kingdom for safekeeping, or en route through the UK to another destination for that purpose. The protection rightly extends to any vehicle in which such cultural property is being transported. Immunity from seizure and forfeiture is also provided for cultural property for which the UK has agreed to act as a depository under article 18 of the regulations. In that case, the property is protected while it is in the control of the Secretary of State or any other person or institution to whom the Secretary of State has entrusted it for safekeeping. However, if the property leaves the custody of that person or institution—for example, because it is stolen—it is no longer protected and may be seized by the police in order to return it.

The clause provides wide immunity from seizure and forfeiture for the cultural property to which it applies. The clause fulfils an important role in implementing our obligations under the convention and its regulations: it ensures that property entrusted to the UK for protection during a war is guaranteed to be returned. Although existing legislation already provides protection for some cultural property, most notably for state-owned property, it is not sufficiently comprehensive to meet our obligations.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clauses 29 to 33 ordered to stand part of the Bill.

Schedules 1 to 4 agreed to.

New Clause 1

Enforcement: costs

‘(1) The Secretary of State shall lay before Parliament each year a report setting out the costs incurred by the following bodies in fulfilling the requirements of this Act—

(a) the cultural property protection unit within the Ministry of Defence,

(b) Border Force,

(c) the Arts and Antiquities Unit of the Metropolitan Police,

(d) UK police authorities, and

(e) any other publicly funded body carrying out functions for the purposes of cultural protection under this Act.

(2) The first report under subsection (1) shall be laid within 12 months of this Act being passed.

(3) Reports laid under this section shall include an account of how bodies specified under subsection (1) communicate and cooperate with each other in protecting cultural property in compliance with this Act.’.—(Kevin Brennan.)

Brought up, and read the First time.

[Kevin Brennan]

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

[Kevin Brennan]

New clauses 1, 4 and 5 stand in my name and that of my hon. Friend the Member for Tooting. New clause 1 is designed to facilitate discussion on how much the cultural protection outlined in the Bill will cost the publicly funded bodies involved in its implementation, how the Government propose those costs should be met and how those bodies will be joined up in that effort. For the sake of clarity, I will go through each of the bodies specified in the new clause in turn.

Will the Minister indicate how much funding the cultural property unit within the Ministry of Defence will receive, what its size and resourcing will be and how each of those factors are projected to look in future? I am aware that the Ministry of Defence, like all Government Departments, is operating on a tight budget. I am also interested in the funding that will be available for training. We understand that the MOD will be looking for members of the armed forces who are knowledgeable about archaeology and other historical subjects, as was discussed on Second Reading. I pointed out then—I was backed up by the hon. Member for East Worthing and Shoreham (Tim Loughton)—that, with regard to joined-up Government, talking about having more members of our armed forces who are experts in those fields while simultaneously cutting so-called soft subjects in our schools, such as archaeology, art history and classical civilisation at A-level, seems to me to send out an extremely mixed message.

Nevertheless, will the Minister indicate what funding will be made available to try to compensate for the knowledge gap that will create in future, and to ensure that membership of the so-called monuments squad—I will call them that rather than monuments men—will not be limited to those fortunate enough to have been offered those now-rare subjects in school or as an enrichment to their school activities? The impact assessment seems to suggest zero cost to the Ministry of Defence. We are always interested to know how something can be delivered at zero cost, so perhaps the Minister could clarify that.

[Tracey Crouch]

Tory Government.

[Kevin Brennan]

The Minister says “Tory Government” from a sedentary position. I hope that she is not saying that they are not paying the people in the monuments squad for their work. We in the Opposition certainly believe in the rate for the job when somebody is working. I am sure that she will clarify that in her response.

The second body mentioned in our new clause is the Border Force, which we all know has been subject to large budget cuts—more than £300 million in the run-up to 2015 by the coalition Government—and simultaneously came under the increasing pressure of public expectation in relation to preventing illegal immigration. As we see with every public service, expectations are high, but it is difficult for those expectations always to be met if funding is continuously cut. That said, I understand from the Government’s assurances in the Lords that any new costs incurred by the Border Force in enforcing the Bill will not be significant, and that its new responsibilities will not differ greatly from its current day-to-day business.

The Government have stated that the Border Force already carries out the functions required by the Bill in relation to the 2003 Iraq and Syria sanctions. Will the Minister assure us that that is indeed the case? Furthermore, while the work derived from the Bill may not differ significantly from the current everyday business, is there likely to be an increase in workload in relation to the Bill? If so, what provisions are the Government making?

It has been stated that, in regard to a code of practice, resources on cultural goods are available on the Border Force intranet site, and I understand that the Border Force will be expected to seize goods when instructed to do so, rather than be expected to discover the goods’ illegally-exported status itself. As I mentioned, many duties under the Bill are already performed by the Border Force. Does the Minister think that the passage of the Bill will require further robust training in the handling of cultural goods?

Baroness Neville-Rolfe stated:

“Enforcement practices relating to combating smuggling are often the same regardless of the type of goods.”—[Official Report, House of Lords, 28 June 2016; Vol. 773, c. 1529.]

While that may be true, there are also unique sensitivities when dealing with often antiquated and fragile items of cultural property, which, as all parties have agreed, are of immeasurable value. This question is particularly relevant in the light of comments made by the former director of the unit within the Metropolitan police, Dick Ellis, who said:

“These pieces are moving through customs, they’re moving through our ports all the time. And yet not a single item is seized in this country… these sorts of objects when they’re looted in Syria, when they’re looted in Iraq, are helping to fund terrorism, why on earth aren’t we doing more to stop them coming on to the market?”

That is not just a question for the Border Force, because, as the new clause specifies, institutions need to communicate and co-operate with each other to protect cultural property. The Government have clarified the fact that the Border Force would not be expected to identify illegal goods, so the matter of how those separate institutions, with their separate but related functions, will be joined up is therefore crucial.

Does the Minister feel that a dedicated unit within the Border Force, with a close communication link to the equivalent unit within the Metropolitan police, is necessary properly to enforce the Bill and, crucially, to provide a robust and credible deterrent with respect to those who would attempt to bring illegally exported cultural property into the UK?

I turn now to the arts and antiquities unit of the Metropolitan police, which is composed—

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[Tracey Crouch]

Before I turn to the specific aspects of the new clauses, it might be helpful if I addressed a number of wider issues raised by the hon. Member for Cardiff West. He asked a specific question about the Ministry of Defence; I am sure that he and members of the Committee will respect that the matter is obviously one for the Ministry of Defence, but I will do my best to answer as much as I possibly can on the specifics of the unit to which he referred.

The joint military cultural property protection working group was established in early 2014 to develop the concept of a unit of cultural property protection specialists, in accordance with our obligations under article 7.2 of the convention. The MOD is currently tasking Army command with looking at plans for the creation of the cultural protection unit. Some preliminary work has already been completed, and it is expected that the unit will be able to form up 12 to 18 months after formal approval.

The convention for the protection of cultural property places a number of commitments on the MOD, most of which we already comply with. Article 7.2, however, obliges states to plan or establish specialist cultural property units to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it. There is flexibility on the size and composition of such units, and other nations’ solutions vary from six to 360 people.

The MOD has tasked the Army with examining the best means of providing this capability, and the Army’s initial thoughts suggest a relatively small unit, at least in peacetime, of 10 to 20 personnel from across all three services. They will be predominantly or even exclusively reservists, with command at lieutenant-colonel level, although expertise will be more important than rank. Although planning is at an early stage, the Army is expected to respond to the Ministry of Defence in the next few months on how such a unit could be established. My hon. Friend the Member for Enfield, Southgate, recently asked the Secretary of State for Defence at Question Time to update the House on that matter, and I am sure that interested Members will continue to press the Ministry of Defence.

The three new clauses proposed by the hon. Member for Cardiff West deal with important matters in which I know members of the Committee have a keen interest. Alas, I cannot support their inclusion in the Bill. New clause 1 deals with the cost of implementing and enforcing the provisions in the Bill. We have already clearly set out our forecast of the costs in the impact assessment. Where there are ongoing costs, for example for the Border Force, the police and the armed forces, it is likely to be extremely difficult to disaggregate the costs associated specifically with the Bill from those incurred in other related cultural protection work.

For law enforcement agencies, it would be extremely difficult—if not impossible—to separate the cost of enforcement related to cultural property from ordinary enforcement costs. Even if it is possible to do so, the costs involved are likely to be disproportionate to the costs that the new clause requires us to identify and report. It is for the Border Force, the Metropolitan police and other police authorities to decide how best to allocate and use their resources, in the light of the priorities and the legislation that they are required to implement and enforce.

[Kevin Brennan]

When the Minister referred to the impact assessment, I took a glance at it and noted that, under the section outlining the Metropolitan police arts and antiquities unit—

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[Kevin Brennan]

The hon. Lady cannot intervene on me because I am intervening on the Minister. The number of personnel to be trained from that unit is four. We heard earlier that there were only three people in that unit, so I hope that is a helpful sign that the Government anticipate that the unit will expand.

[Tracey Crouch]

May I put an audible “tut” on the record at our mistake in the impact assessment? I know that people have concerns about the size of the Metropolitan police art and antiques unit, but the nature of its work—for example, it works collaboratively, including with international partners—means that its size is not a real reflection of its impact. A significant proportion of its work is from international law enforcement agency requests for assistance. I hope that responds in part to the hon. Gentleman’s question about the size of the unit.

With regard to the Border Force and the expertise required in identifying cultural property unlawfully exported from occupied territories, we do not foresee the Border Force playing a major role in discovering such objects unless specific intelligence has been received that objects from an occupied territory may be coming into the country. We think that it will be a rare event for a Border Force officer to be faced with something that they can clearly identify as having been illegally exported.

[Kevin Brennan]

I have a point relating to prosecution that the Committee will be interested in: I understand from the impact assessment that it is envisaged that there will be only one prosecution every 30 years under the Bill. Will the Minister confirm that my interpretation is correct?

[Tracey Crouch]

I am sure that if it says that in the impact assessment, that is indeed the correct interpretation, but I am happy to provide further information on that on Report if that helps.

I will go back to the points on policing that the hon. Gentleman raised with regard to new clause 1. He will, of course, be aware that we have created elected police and crime commissioners to give strategic direction and to hold police forces to account for operational policing decisions, including how resources are directed between different units and functions. In London, the Mayor of London has that responsibility. We do not think it is necessary or desirable for the Government to cut across that democratic approach to accountability in policing by requiring the Secretary of State to take a specific interest in the funding of individual police units or functions. Moreover, it does not seem to me to be particularly helpful to isolate the implementation and enforcement of the Bill from the excellent wider work being done by so many bodies to protect cultural property.

That also applies to the provision in subsection (3) of the new clause, relating to communication and co-operation between public bodies. As with the costs, I do not think it is helpful to treat that separately from the regular contacts between public bodies on wider cultural protection work. Public bodies are required to report on their work costs and spending, and hon. Members are always extremely assiduous in holding them to account for their use of public money and the way in which they implement and enforce legislation. I am sure that the Bill will be no exception. A separate statutory obligation on the Government to report to Parliament on the costs associated with the Bill therefore seem unnecessary, which is why we oppose new clause 1.

New clause 4 deals with matters of an administrative nature that are not specifically covered by the Bill. We are already considering the administrative measures that will be needed to implement the convention and its protocols once the Bill is passed into law. We will reflect on issues raised during the passage of the Bill as part of that process. The hon. Gentleman mentioned specific items. We do not think it is appropriate to confirm whether a specific cultural object will be afforded protection.

We want to ensure that the views of stakeholders are heard. Next month we are holding a round table discussion with key stakeholders to discuss the categories of cultural property that will be afforded general protection under the convention, and what additional safeguarding measures might be required. The hon. Gentleman might be interested to know that our provisional thinking is that general protection status would extend to buildings, historical gardens or parks of grade I or category A status; cultural world heritage sites; and nationally important collections in museums, galleries and universities, as well as in the national record offices and our five legal deposit libraries. However, we are still determining our categories, and discussions with key stakeholders are ongoing.

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[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?

[Tracey Crouch]

I thank the hon. Member for Cardiff West for raising the issue of updating the protocols to the convention to reflect the need to protect cultural property from destruction by, for example, terrorist groups such as Daesh. We covered Syria and digital cultural property in some detail earlier, and I am sure that we will return to those issues, so I do not intend to go over those arguments again. We are, however, absolutely united in our condemnation of the terrible damage to cultural heritage that Daesh has wrought at sites such as Palmyra and the destruction and looting of cultural heritage as a tactic of war and terror more generally.

That said, the new clause seems to assume that an updated protocol is inevitable. We are not aware that UNESCO is considering that. It is not included in the organisation’s medium-term strategy, which sets outs its priorities until 2021. We are also unaware of calls from other state parties for the protocols to be reconsidered at this time. Indeed, I understand that the process to reopen discussion on protocols or propose a new one is not as easy as the Opposition might believe. I am told that it would take a minimum of eight years to agree a new text or protocol.

[Kevin Brennan]

Is that not all the more reason to get on with it?

[Tracey Crouch]

If the hon. Gentleman will hold his horses for a second, given the delay in the UK’s ratification, publishing a list of our future demands within a year of Royal Assent may not be the wisest way to win support for that. Once the UK has ratified the convention and current protocols, we will be closely involved in the related UNESCO discussions, and that will be the best way to influence any future work.

--- Later in debate ---

[Tracey Crouch]

Before the Divisions, we were talking about a third protocol, in the light of the Opposition’s new clause 2. We do not feel that it would be appropriate to include that new clause in the Bill. Rather than focusing on how an additional protocol might better address the specific issue, our priority must be ratifying the convention and acceding to its two protocols. That will be a significant milestone for the UK that has not been achieved by other permanent members of the UN Security Council. It will send the strongest message about the UK’s commitment to protecting the world’s cultural property and signal our condemnation of the recent abhorrent cultural destruction. Although I recognise the good intention behind the new clause, I hope that the hon. Member for Cardiff West will appreciate that it is beyond the scope of the Bill and therefore withdraw it.

[Kevin Brennan]

It is not beyond the scope of the Bill, as I have pointed out already, but I will not labour the point—although that is my wont. We have discussed the third protocol, which is not the title of the latest book by my hon. Friend the Member for Rhondda, although it would be a very good title for a parliamentary thriller, if that is what he has been composing during our deliberations—that might explain his uncharacteristic reticence.

It is difficult to say on the one hand that we should pat ourselves on the back for being the first in the Security Council to ratify both protocols, and on the other hand that we should not pat ourselves on the back by suggesting a third protocol, because it has taken us 62 years to ratify the convention. There might be a slight circularity to that argument.

The purpose of new clause 2 is to encourage the Government to take the lead in this area, which we should do internationally, and to think about how we can update our international agreements on the protection of cultural property in armed conflicts to ensure that they move with the times and cover the new types of cultural property being developed as a result of the digital revolution and the new types of threat, warfare and armed conflict we face with the rise of entities such as Daesh. Having said that, in the interests of us completing our proceedings, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

[Tracey Crouch]

On a point of order, Mr Turner. I am grateful to you for allowing me this opportunity to thank everyone for participating in the Committee. This is the first piece of legislation that I have taken through the House, and I believe that it is your first chairing of a Committee in this House, so it is a first for both of us. Hopefully we have managed to muddle our way through it correctly and in order.

I want to pay tribute to all those who have helped to make the Committee happen. I am grateful that my first piece of legislation is, by and large, full of consensus. Although there are issues that I am sure many will raise on Report and seek further clarification on, it is a tribute to what we are discussing that we have managed to get through the Bill in the way we have. I would like to thank you, Mr Turner, and Ms Buck for chairing the Committee, as well as the Clerks, the Hansard reporters and the Doorkeepers.

I would like to thank my excellent Bill team of officials from the Department for Culture, Media and Sport and other Departments, including the Ministry of Defence and the Foreign Office, all of whom not only have been brilliant advisers to myself as Minister, but have been open and accessible to other Members, including Opposition Members, for discussion.

I would like to thank those who have submitted written evidence and participated in the development of the Bill over a number of years. The hon. Member for Cardiff West pointed out in his opening remarks that the Bill has been a long time coming, since the second protocol in 1999. We should pay tribute to those in the previous Labour Government who started this process. I am pleased that it was this Government—under the former Secretary of State, my right hon. Friend the Member for Maldon (Mr Whittingdale), and my right hon. Friend the Member for Wantage (Mr Vaizey)—who managed to introduce the Bill in Government time during this Session.

Finally, I would like to thank all members of the Committee. I thank the Opposition for their amendments, which allowed us to have a full debate on many aspects of the Bill. Despite gentle probing from many directions, the record will show that we have managed to discuss a great many issues that people both inside and outside this place really do care about.

[Kevin Brennan]

Further to that point of order, Mr Turner. May I echo everything the Minister has said? She is quite right that it is important to probe Government legislation from every direction, and that is what we have sought to do in the course of our proceedings. Thank you, Mr Turner, for chairing our proceedings and keeping us in order—including on new clause 5, which of course was in order all along. I also thank Ms Buck for chairing our proceedings so ably this morning; perhaps you could pass that on, Mr Turner, on our behalf.

I would like to thank all members of the Committee. I know that for a number of Members it was their first time serving on a Bill Committee. It is not always this consensual when we discuss legislation. Nevertheless, this has been a useful example of the importance of Committee stage in teasing out and putting on the record the Government’s intentions and so on. I would also like to thank the Whips for keeping us in order and enabling us to get through proceedings in an expeditious fashion.

I also thank the Clerks, the Hansard reporters, all those from the sector who have made submissions, the civil servants, the Doorkeepers, the police and everyone else, including my researcher, Haf Davies, who has been very helpful in preparing for today. It may have taken us 62 years, but we are engaged in an extremely important process. We can all take some pride in the fact that finally, after Report and once the Bill gets Royal Assent, we will have ratified The Hague convention, albeit 62 years after it was originally brought about.

Bill to be reported, without amendment.

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

Debate between Kevin Brennan and Tracey Crouch

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

[Kevin Brennan]

The Minister refers from a sedentary positon to MP4. I do not think we would meet the high bar required for cultural property.

I remain concerned that the Government’s previous statements on the importance of consistent interpretation could prohibit such an understanding on digital data being implemented in practice. Will the Minister reiterate and expand on the assurance that the emblem could take a digital form? Could the wording of the schedule be interpreted as allowing the emblem to be included in digital format—in a digital file which is protected—as well as on its casing?

[Tracey Crouch]

It is a pleasure to take my first Bill through Committee under your chairmanship, Ms Buck. I look forward to receiving wise counsel and guidance if I get anything procedurally incorrect.

I am grateful to the hon. Member for Cardiff West and the Opposition for their support for the Bill on Second Reading and in Committee, here and in the other place. Members should always feel honoured to be on a Bill Committee, but I am sure colleagues share my pride in being on this particular Bill Committee ratifying The Hague convention and both protocols, which will make us the first permanent member of the UN Security Council to do so. That will give us great gravitas and status around the world and ensure that we protect cultural property in the future.

I am grateful to the hon. Gentleman and to Lord Stevenson for the amendments. It is important to recognise Members’ concerns that the Bill should enable appropriate protection of all forms of cultural property, including those which have been created using modern digital technology. The tabling of these probing amendments enables us to reassure hon. Members and to reiterate that we do believe that that is the case, and that the amendments are therefore not necessary.

On amendment 2, the definition of cultural property set out in article 1 of the convention and incorporated into clause 2 of the Bill as

“movable or immovable property of great importance to the cultural heritage of every people”

is broad and flexible. It is not limited to those things that are specifically mentioned in article 1 of the convention, which are presented as examples of the sorts of cultural property that are protected by the convention. Other cultural property can also be protected under the convention if it is

“of great importance to the cultural heritage of every people”.

We consider that the definition is already sufficiently broad and flexible and can accommodate modern forms of cultural property such as digital material.

As Members will have seen, Professor Roger O’Keefe of University College London states in his written evidence to the Committee:

“There is no ground for concern and no cause for doubt on this point.”

We also received support on this point from Michael Meyer, the head of international law at the British Red Cross. In his view:

“The examples set out under Article 1 are extensive, but not exhaustive”

and the definition in the convention is

“able to apply to a very broad range of items, which may well include those of a digital nature, such as rare and/or important film and music.”

I reiterate the statement made in the other place that using the definition from the convention does not mean that it is not flexible enough to include modern types of cultural property.

As we stated in the other place, there is also a risk that the amendment would allow the development of an interpretation of the definition in the United Kingdom that is not consistent with its internationally accepted interpretation. That would be undesirable. It would create uncertainty and inconsistency in the application of the convention and the protocols, and it could result in the UK failing to comply with its obligations under them. I must therefore oppose amendment 2.

On amendment 6, the Bill specifies not the format in which the cultural emblem should be displayed, but only the design. The regulations to the convention provide that the emblem may be represented in any appropriate form. The emblem was devised in the ’50s, and although at the time there may have been an expectation that it would be fixed to or painted on objects, there is nothing to preclude it being displayed in a digital format—for example, on screen or by projection. For modern, born-digital material, such as films and music, in practice we would expect the emblem to be displayed on the physical object on which the material is stored or on the building in which the physical storage object is kept, rather than being displayed digitally. That would help to ensure that the emblem is readily visible. That is not to say that it cannot also be depicted in digital form. Next month, we will be holding a roundtable on particular aspects of the implementation of the convention, which will provide a further opportunity to discuss implementation measures. This issue will be on the agenda.

The Government are not aware of any other state parties that have raised concerns about the definition or the rules for displaying the emblem. When the second protocol was agreed in 1999, the definition and the rules relating to the emblem were still considered to be appropriate at a time when digital culture was already well developed.

In conclusion, the amendment is unnecessary and I oppose it. I thank the hon. Member for Cardiff West for giving us the opportunity to clarify that we believe that that issue is included within the wider definition of the convention.

[Kevin Brennan]

I thank the Minister for her response and for giving the Opposition access to her officials before Second Reading. For a Bill of this kind, it is very helpful to be able to have such discussions and to clarify things in advance.

In a sense, the Minister did not address my point about the potential conflict between Baroness Neville-Rolfe’s remarks in the House of Lords that clarifying the Bill by amending it to include the words “in digital form” would damage the international interpretation of what is meant by cultural property and that the wording of the convention effectively includes digital cultural property. I am not going to press that point, because the Minister and the Government have made it clear that they believe that the definition should be flexible enough to include digital property. It is useful for her to put that on the record and repeat it to the Committee today.

Later in the Bill we will get on to the very interesting subject—hon. Members from both sides of the Committee might want to contemplate this—of which cultural objects and what cultural property in this country, and indeed in each of our constituencies, are regarded as being of sufficient importance to all the people of the world, not just to us and our constituents, to be worthy of protection under the convention. I am sure everybody will spring to life later to give examples from their constituencies, because every hon. Member has in their constituency a cultural treasure that is important to all the people of the world. I look forward to hearing about the cultural richness of this country, including Queen’s Park and north London—your part of the world, Ms Buck, although you are not allowed to talk about it. I accept the Minister’s assurances on amendment 6. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

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[Tracey Crouch]

I am grateful to my hon. Friend the Member for Kensington for her contribution. The clause defines cultural property by reference to the definition in article 1 of the convention, as we discussed in the debate on the amendments. This is a broad definition, covering a wide range of movable and immovable property of great importance to the cultural heritage of every people.

The convention provides a non-exhaustive list of examples, simply mentioning monuments, buildings, historical and archaeological sites, books, objects and scientific collections. We are clear that all cultural property must be of the greatest importance to all people to be covered by the definition; the punctuation should not be seen as limiting the definition to only the first items listed.

The definition includes buildings where cultural property is preserved or exhibited, such as museums, major libraries and archives, but is sufficiently broad and flexible, as has been said, to accommodate modern forms of cultural property, such as rare or unique film or recorded music, because the list of objects covered is not exhaustive.

Although the definition was drafted some time ago, it is sufficiently flexible to deal with the developments of the digital age. Changing it would risk the development of a definition in the UK that is inconsistent with the current international interpretation. However, I confirm and reiterate that the definition will cover only a very small and special category of objects.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Offence of serious violation of Second Protocol

[Kevin Brennan]

I beg to move amendment 3, in clause 3, page 2, line 16, leave out “or”.

[Kevin Brennan]

These are probing amendments in my name and that of my hon. Friend the Member for Tooting. Amendment 3 is a technical drafting amendment that allows amendments 4 and 5 to make sense. We are exploring which military personnel are bound by the second protocol, specifically in relation to foreign nationals embedded in UK armed forces. At the heart of this debate is the question: who is classed as being subject to UK jurisdiction, for the purposes of the convention and the Bill, and who is not?

I said earlier that it is inevitable when ratifying a convention that was written more than six decades ago that some elements will no longer chime with modern reality and practice, and we are limited in how we can amend the Bill because it forms part of an international convention. The hon. Member for Kensington illustrated the complications when referring to whether the difference between a comma and a semicolon could lead to misinterpretation. She said that she had the Spanish translation available; I am sure that my hon. Friend the Member for Rhondda could cast his eye over that. Although I am tempting him, he is not contributing with his fluent Spanish.

The passage of time provides less of an excuse for uncertainty regarding those parts of the Bill that were written more recently, so gaining clarity is all the more important. On amendment 4, which refers to embedded soldiers, I welcome the fact that the Minister, Baroness Neville-Rolfe, said in the Lords that under the Armed Forces Act 2006,

“regular members of the Armed Forces remain subject to UK service law”—[Official Report, House of Lords, 28 June 2016; Vol. 773, c. 1488.]

even when they are embedded within another army. They remain under the UK’s jurisdiction, and so would remain bound by the second protocol. It is also important to note that the UK armed forces already behave, and are instructed to behave, as if they were bound by the convention and its protocols, and that the impact assessment for the Bill showed that their conduct will have to change very little when the Bill becomes law.

However, the Government have not quite clarified the reverse, which is how the convention and its protocols apply when a foreign national is embedded in UK armed forces, particularly if that other nation is not a state party to the convention or its second protocol. That concern is particularly pressing as the use of embedded forces has become much more prevalent since the convention was originally passed in 1954. The Armed Forces Deployment (Royal Prerogative) Bill, which is awaiting its Committee stage in the other place, is testament to the growing concern about how, when and where the UK armed forces use embedded forces.

The uncertainty that amendments 4 and 5 aim to clarify points to one of the Bill’s vague points: while it is clear about which institutions will be affected, it does not address their internal nuances, or how those institutions interact with each other. That is particularly obvious in clause 5; its interpretation and implementation is complicated by the frequency of use of coalition forces, and the rise in the use of private security firms.

During line-by-line scrutiny of the Bill in the House of Lords, Lord Howarth of Newport recalled that private military contractors had participated in terrible destruction of cultural property at crucial archaeological sites during the Iraq war. However, when asked whether such contractors and the individuals in them would be bound by the Bill, Baroness Neville-Rolfe concluded her remarks by saying:

“I think they are covered.”—[Official Report, House of Lords, 28 June 2016; Vol. 773, c. 1489.]

It is not enough, for our purposes, for a Minister to say “I think”, so I look to the Minister to confirm that they are most certainly covered. Given that we all agree on the severity of the crimes listed in the Bill, it is absolutely right and only fair that we ask for more certainty on who exactly is considered to be under UK jurisdiction—and so criminally liable if they commit such crimes.

I appreciate that the Government have previously referred to clause 29, which states that senior managers of private military contractors are criminally liable for actions committed by their company if they were involved in making those decisions. Our amendments are intended to clarify the remaining ambiguity surrounding the criminal liability of individuals who are under the command of UK armed forces without being members of them, and are not necessarily UK nationals.

In the same debate, Baroness Neville-Rolfe went on to say:

“By making explicit reference to embedded forces and private military contractors in the Bill, we could risk creating doubt and confusion in the interpretation of both the Bill and other legislation.”—[Official Report, House of Lords, 28 June 2016; Vol. 773, c. 1489.]

In my experience, doubt and confusion are created by a lack of clarity, not an abundance of it, so clarity is what we need from the Minister in responding to our amendments. Will she provide us with that? Will foreign nationals embedded in the UK armed forces, private military contractors and the individuals in those contractors, including those contracted by the UK armed forces, be bound by the second protocol and the provisions of the Bill?

[Tracey Crouch]

I thank the hon. Gentleman for tabling the amendments; that allows the Government to reassure the Committee on this important issue. It also allows me to pay tribute to the UK armed forces, which, as he said, already apply the convention in their actions and behaviours. We should take a moment to thank them for doing so. In addition, it allows me to pay tribute to the excellent monuments men and women, who have done a great deal to protect cultural heritage in conflict zones. We cannot praise them enough for what they have done.

The amendments seek to extend the UK’s jurisdiction over the offences described in article 15(1)(d) and (e) of the second protocol. Under the second protocol, the UK is required to establish jurisdiction over such acts only when they are committed on UK territory or by UK nationals. Extending that to foreign nationals committing these acts abroad would be exceeding our obligations under the convention and protocols.

The amendments would mean that foreign nationals committing such offences abroad would come under our jurisdiction if they were serving under the military command of the UK armed forces, or were private military contractors or their employees. To deal with embedded forces first, when any foreign military personnel are embedded in UK forces, a bespoke status of forces agreement or memorandum of understanding is drawn up that sets out responsibility for the individual involved. That will normally outline that the embedded individual continues to be subject to the jurisdiction of their home state. We would expect that same principle to apply to UK military personnel embedded in overseas militaries.

Therefore, if a foreign soldier were to commit an act set out in article 15(1)(d) or (e) while embedded in a UK unit, we would dismiss them and send them back to their home state to be dealt with for disobeying orders. The individual would face the consequences of their actions on their return home, and there is no loophole for embedded forces; that would apply whether or not a foreign state had ratified the convention or protocols, as the individual would be disobeying an order. Similarly, if a UK soldier embedded in the armed forces of another state broke military rules, we would expect them to be dealt with under the UK’s jurisdiction.

Our concern in the Bill must be to focus on protecting cultural property in the UK and to set clear rules for how UK military personnel and UK nationals operate abroad. We should not be extending our jurisdiction to police foreign nationals committing crimes abroad; that is beyond what is required by the convention and protocols. Private military contractors and their staff are already covered and would be criminally liable in the same way as any other legal or natural person. That means that if an employee of a private military contractor who is a UK national or subject to UK service jurisdiction vandalised or looted cultural property, they would be potentially criminally liable under clause 3 on the same basis as any other person.

Clause 29 also ensures that the senior management of private military contractors are personally liable for offences committed by their organisations if they consented to or connived in the offence. That ensures that senior managers cannot escape the consequences of the actions of their organisations if they were personally involved in them. However, in accordance with our obligations under the protocol, that is limited to UK nationals and those subject to UK service jurisdiction for the offences in article 15(1)(d) and (e) of the second protocol.

To extend our jurisdiction to non-UK nationals for all offences committed abroad would be to go beyond what is required to become party to the convention and protocols. It should be remembered that jurisdiction over the acts in article 15(1)(a) to (c) already extends to foreign nationals committing the most grave offences abroad, as required by the convention and protocols. We would be extremely concerned if amendments to the Bill were to lead the UK to extend our jurisdiction beyond what is necessary to become party to the convention and protocols.

I am sure that we all agree that the UK should not attempt to exceed the boundaries set out in this internationally agreed approach, or become a world policeman in going beyond that. I hope that I have clarified the Government’s thinking on this matter, and that the hon. Gentleman will feel able to withdraw the amendment.

--- Later in debate ---

[Kevin Brennan]

Although we have not tabled amendments to the clauses in this part of the Bill, it would be useful if the Minister briefly explained this clause and some of the others as we go along.

[Tracey Crouch]

I am delighted to respond to the hon. Gentleman’s request to explain the clause, which contains one of my favourite subsections of all time. I am one of those Members of Parliament who likes to read the legislation that we pass, alongside the explanatory notes. I know that is a terribly quaint thing to do these days. I draw hon. Members’ attention to the wonderfully worded subsection (7), which states that

“an offence that is ancillary to an offence under section 3 includes a reference to an offence that is ancillary to such an ancillary offence, and so on.”

It is an infinite provision, and I thoroughly enjoyed trying to work it out.

--- Later in debate ---

[Kevin Brennan]

On that point, will the Minister explain subsection (7) to the Committee?

[Tracey Crouch]

I need not do so, because the explanatory notes do it absolutely brilliantly. The lesson for anybody reading legislation is that they should do so alongside the explanatory notes, because that is what they are there for. May I instead recommend that the hon. Gentleman read paragraph 37 on page 10 of the explanatory notes, which gives an absolutely excellent explanation? When I took a picture of the clause and put it up on my personal Facebook page, a lot of my friends who have nothing to do with politics found it as interesting as I did.

Turning to the clause itself, the second protocol requires parties to extend criminal responsibility to persons other than those who directly commit an act outlined in article 15, paragraph 1, of the protocol. It also obliges parties to assert extraterritorial jurisdiction in specified circumstances. The clause ensures that those obligations are fully implemented. Its purpose is to ensure that the UK has extraterritorial jurisdiction to try all ancillary offences in the same circumstances in which clause 3 establishes jurisdiction to try the substantive defence. It does not itself establish the ancillary offences, which already exist under other legislation and apply automatically to offences under clause 3. It applies only to ancillary offences if there is uncertainty about their extraterritorial application. Where the existing law is clear about extraterritorial application, as it is in relation to aiding and abetting and offences under the Serious Crime Act 2007, no provision is made. To make such express provision unnecessarily would be bad drafting practice and could create doubt about other situations for which no express provision is made.

Subsections (1) to (3) set out provisions about jurisdiction that mirror those for the principal offence set out in clause 3. In relation to any of the acts listed in article 15, paragraph 1, sub-paragraphs (a) to (c) of the second protocol, a person can be prosecuted for an ancillary offence committed abroad, regardless of their nationality. In contrast, in relation to ancillary offences concerned with the other acts set out in the article, only a UK national or a person subject to UK service jurisdiction can be prosecuted for an offence committed abroad.

Subsections (4), (5) and (6) take into account the differences in the criminal law in the different legal systems of the UK with regard to the definition of ancillary offences. The intention is to produce the same effect in each legal system. On Report in the other place, an amendment was made to subsection (6) to ensure that the Bill’s provision relating to ancillary offences has the intended effect in Scotland. The amendment was tabled by the Government following consultation with the Crown Office and the Scottish Government. I am grateful to the devolved Administrations for their help and support in drafting the Bill.

Subsection (7) ensures that offences that are ancillary to ancillary offences are also provided for.

I hope that, following that explanation, the Committee is fully appraised of the intention of the clause.

[Kevin Brennan]

I thank the Minister for a thorough explanation. As I understand it, an example of an offence ancillary to an ancillary offence under subsection (7) might be when someone involved in the theft of an item of cultural property decides to destroy evidence in relation to the theft, and the clause provides for such an offence to be covered.

[Tracey Crouch]

indicated assent.

[Kevin Brennan]

The Minister is nodding, so I take it that that is also her understanding. Although she is right that we should always read the Bill and the explanatory notes, the explanatory notes—I intend no particular criticism here—do not always tell us much more than the clause. They sometimes seem just to paraphrase rather than attempt to elucidate or give a figurative example. However, on the basis of what she has said, we shall not oppose the clause.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Responsibility of commanders and other superiors

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

[Kevin Brennan]

As previously, I would be grateful if the Minister outlined the meaning of the clause for the Committee.

[Tracey Crouch]

The clause provides an additional form of individual criminal responsibility—that of commanders and superiors for the actions of their subordinates. That concept is one of the recognised principles of international law referred to in article 15, paragraph 2, of the second protocol, which parties to the protocol are obliged to implement.

The wording of the clause is based on article 28 of the statute of the International Criminal Court, which is regarded as an authoritative statement of the general principles of international law in relation to criminal liability. It mirrors the UK’s implementation of other international law, in particular the International Criminal Court Act 2001.

Subsection (1) provides that liability under the provision is to be treated as aiding and abetting in England, Wales and Northern Ireland, and being art and part in Scotland. That takes into account the different criminal law in Scotland. A distinction is drawn between the standards expected of military commanders in relation to the military forces under their command, and other superiors, such as Government officials. That distinction is made to recognise that the latter may not have the same degree of control over their subordinates.

In the case of a military commander, liability will arise only if he or she knew, or owing to the circumstances should have known, that his or her forces were committing or about to commit an offence. In contrast, a superior who is not a military commander will commit an offence only if they knew or consciously disregarded information clearly indicating that the subordinate was committing or about to commit an offence. Importantly, subsection (7) makes it clear that liability under the clause does not preclude any other criminal liability in relation to the same event, so a commander can still be prosecuted as a principal offender under clause 3 as well as under this clause.

The clause ensures that the UK adheres to the requirements of article 15, paragraph 2, of the second protocol, and complies with the general principles of international law in relation to criminal liability.

--- Later in debate ---

[Tracey Crouch]

I am grateful for the hon. Gentleman’s contribution. He will of course understand and appreciate that I am not an expert on all things military, but I can tell him that the Bill applies equally to all the armed forces. No distinction is made for the specific services.

Cultural property protection is included in the annual training of all services of the UK armed forces. Specific cultural protection training is not tailored to the RAF, Army or Navy, but is provided for individuals across all three services when a certain deployment determines it necessary. For example, specific cultural property protection issues are covered on the joint targeting course run at RAF Cranwell and the Royal School of Artillery. Those courses are held for all three services and are attended by personnel who have responsibility for target selection and planning. The graduates of those courses have to demonstrate an awareness of cultural property protection issues in various planning exercises throughout the course.

As the hon. Gentleman pointed out, we should recognise that such training is already heavily embedded in our armed forces and we should be incredibly proud of that. There is a great deal of co-operation between the Department for Culture, Media and Sport and the Ministry of Defence in ensuring the ratification of the convention through the Bill, and work is being done to ensure the continued expansion of that. Members will be aware of the specific unit being set up in the Ministry of Defence. That is well under way and a great deal of progress is being made. Everybody, right from the very top of the Ministry of Defence down to the early recruits undergoing training, is certainly 100% behind making sure that we protect cultural property.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Penalties

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

[Kevin Brennan]

The clause refers to the penalties that could be handed out to someone guilty of an offence under section 3, or, as discussed earlier, an offence ancillary to such an offence, or indeed an offence ancillary to an offence that is ancillary to the offence under section 3, although that is not specifically mentioned in this clause.

[Tracey Crouch]

And so on.

[Kevin Brennan]

And so on, ad infinitum—and perhaps reductio ad absurdum. The penalty envisaged in clause 6 includes

“imprisonment for a term not exceeding 30 years.”

That is a lengthy term of imprisonment. We know that we are talking about some potentially serious offences, but it would be helpful to the Committee and to those observing our proceedings if the Minister clarified the severity of offence that would be likely to attract a sentence of that length. Clearly, that would not apply to all offences that might be committed under the Bill, although these are offences that, as we heard earlier, relate to cultural property of importance to all people, so an offence committed under the Bill would be a serious offence against all peoples of the world.

If the Minister clarified the thinking on the term of imprisonment and on the kinds of offence that might attract that length of sentence, I am sure the Committee would be enlightened.

[Tracey Crouch]

The clause sets the maximum penalty for section 3 offences and the associated ancillary offences. The second protocol obliges parties to make the criminal offences established in their domestic law to meet the obligations of paragraph 1 of article 15 “punishable by appropriate penalties”. A person found guilty of an offence under section 3, or a related ancillary offence, is liable on conviction on indictment to a prison term not exceeding 30 years. The maximum penalty introduced by the clause aligns with related provisions in both the International Criminal Court Act 2001 and its Scottish equivalent, and the Geneva Conventions Act 1957.

At first sight, it may seem surprising that offences of that nature, and ancillary offences, attract the same maximum penalty as war crimes covered by the relevant provisions of the 2001 Act, but that flows naturally from the seriousness with which those offences are considered under international law. It is worth noting and stressing that that is a maximum penalty. In practice, the sentence may be much shorter, or even a fine. The maximum sentence is likely to be reserved for only the most heinous crimes against cultural property. Each sentence must be considered case by case, and the Government believe that it should be left to the courts to determine the appropriate penalty based on the facts of the individual case.

The offence in clause 3 could be committed in a wide range of scenarios, with an equally wide variety of possible ancillary offences. I do not think it would be right for us to attempt to address that variety of scenarios by setting different penalties in the Bill. If an individual was responsible for deliberately destroying one of our national cultural landmarks during an armed conflict, I am sure we would wish to see the severest punishment. Likewise, we would want a similar sentence to be available for an individual who masterminded such destruction, or an army commander who ordered it as part of a campaign in full knowledge that the object in question was protected cultural property. That should also apply to UK nationals taking part in cultural destruction of a similar nature during an armed conflict overseas. Accordingly, the maximum penalty is considered appropriate for ancillary offences, as well as for the principal offence.

The clause reflects the seriousness with which the UK views serious violations of the second protocol. It is consistent with existing UK legislation and allows the UK successfully to meet its obligations under that protocol.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Consent to prosecutions

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

--- Later in debate ---

[Tracey Crouch]

If it protects beautiful heritage and culture, one might suggest otherwise.

The cultural emblem takes the form of a blue and white shield and allows cultural property protected under the convention to be marked to facilitate its recognition. In introducing the emblem, we will recognise for the first time in the United Kingdom the only symbol in international law for the protection of cultural property during armed conflict. It will act as a means of identification for this country’s most important cultural property and safeguard it in the event of an armed conflict.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clause 9

Offence of unauthorised use

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

[Kevin Brennan]

I am not sure whether this will meet with your agreement, Ms Buck, but it seems to me that, as we debate clause 9 stand part, the Minister might go a little further and discuss how the clause relates to clauses 10, 11 and 12, which are about the authorised uses. The offence is created by clause 9. If that is convenient to the Committee, it might be a sensible way of discussing those clauses.

[Tracey Crouch]

indicated assent.

[Tracey Crouch]

Clause 9 introduces a new criminal offence of the unauthorised use of the cultural emblem, or any other design capable of being mistaken for it. That offence will meet our obligations under the convention, which sets out rules for the emblem’s use. It also requires parties to prosecute or impose sanctions on unauthorised use.

This will be the first time that the UK legally recognises this important symbol. Our policy is to afford the cultural emblem equivalent protection to that afforded the Red Cross and other distinctive emblems under section 6 of the Geneva Conventions Act 1957. As with the Red Cross, the breadth of the offence reflects the need to protect the potency of the emblem by forbidding its unauthorised use. An offence under this clause will be punishable by a fine. As with prosecutions under clause 3, prosecution under this clause can take place only with the appropriate consent in England, Wales and Northern Ireland. The position of the Lord Advocate makes a consent provision for Scotland unnecessary.

Clause 10 gives the appropriate national authority the power to give general or specific permission for particular uses of the cultural emblem to be authorised. It also enables the national authority to withdraw permission, for example when it is no longer necessary or appropriate. This will ensure protection for the cultural emblem and allow for urgent authorisation of cultural property, which can display the emblem, as may be required in the event of war or armed conflict. Subsection (2) imposes an additional requirement, as required by the convention, that the distinctive emblem may not be placed on any immovable cultural property unless a copy of the authorisation is displayed.

Clause 11 authorises the use of the cultural emblem for moveable cultural property in the circumstances permitted by the convention and regulations. It authorises the use of the cultural emblem when it is used to identify moveable cultural property and the use of three cultural emblems in a triangle to identify cultural property undergoing protected transportation. Finally, it outlines what is meant by cultural property undergoing protected transportation. That meaning is provided for in the convention. For example, should an armed conflict occur in one part of the United Kingdom, the cultural emblem triangle could be displayed on moveable cultural property during its transportation under special protection to a refuge in an area of the United Kingdom not affected by the armed conflict. That will help to ensure that cultural property is not exposed to damage and destruction during its transportation out of a conflict zone. I hope that clarifies the three clauses—10, 11 and 12 —and that they will stand part of the Bill.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Clauses 10 to 12 ordered to stand part of the Bill.

Clause 13

Defences

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

[Kevin Brennan]

Again, it might be useful if the Minister outlined the circumstances in which use of the emblem would be subject to a reasonable defence against a prosecution.

[Tracey Crouch]

Clause 13 sets out three defences to the offence of unauthorised use of the cultural emblem. This is to ensure that any person who already legally uses the emblem, or a sign that so nearly resembles the emblem that it could be mistaken for it, is not disadvantaged and criminalised as a result of the new clause 9 offence. Under subsection (2) it will be a defence to show that use of the cultural emblem is for a purpose for which it had previously been lawfully used before clause 9 came into force. Under subsection (3) it will be a defence to show that the emblem forms part of a trademark registered before clause 9 came into force, and that the trademark was being used lawfully in relation to the goods and services for which it was registered.

Under subsections (4) and (5) it will be a defence for a person to show that a design used on goods was: first, applied to the goods by their manufacturer or someone trading in those goods before they came into the possession of the accused; and secondly, that the person applying the design was using it lawfully in relation to the same type of goods before the clause came into force. The defence in those subsections is intended to protect purchasers of goods already bearing the emblem, or a design closely resembling it. Subsection (6) makes it clear that where the defendant can provide evidence that a defence exists, the burden to prove the offence still lies with the prosecution.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Clause 14 ordered to stand part of the Bill.

Clause 15

“Appropriate national authority”

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

[Kevin Brennan]

I think that it would be useful, in this age of devolution, if the Minister outlined the reasoning behind the way in which the appropriate national authorities have been set out in the Bill.

[Tracey Crouch]

I am very happy to do so. Clause 15 defines the appropriate national authority for each part of the United Kingdom. This explains the term that is used in clauses 10 and 12. For the purposes of part 3, the appropriate national authorities are: for England, the Secretary of State; for Wales, the Welsh Ministers; for Scotland, the Scottish Ministers; and for Northern Ireland, the Department for Communities. I reassure the Committee that these definitions, as set out in the Bill, were agreed with the devolved Administrations.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16

“Unlawfully exported cultural property” etc

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

[Tracey Crouch]

I thought it would be particularly helpful for the Committee to discuss clause 16, because it sets the scene for the discussion on clause 17, which I know we are due to have because amendments have been tabled. Part 4 of the Bill deals with cultural property that has been unlawfully exported from occupied territory. Clause 16 defines what is meant by “unlawfully exported cultural property” and sets out how it is determined whether territory is occupied.

Unlawfully exported cultural property is defined as cultural property that has been exported from an occupied territory contrary to either the laws of that territory or international law. At the time of the export, the territory concerned must have been occupied by another state. Either the occupying state or the state of which the occupied territory is a part must have been a party to the first or second protocol. That means that the earliest date on which cultural property could have been unlawfully exported for the purposes of the Bill is 7 August 1956, which is when the first protocol came into force. If neither of the states concerned became a party to the first or second protocol until a later date, that will be the date from which cultural property can fall within the definition.

The clause sets out what is meant by “occupied territory”. The test for that is based on article 42 of the regulations concerning the laws and customs of war on land, which were agreed at The Hague on 18 October 1907. The article states:

“Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation applies only to territory where such authority is established and in a position to assert itself.”

Whether a territory is occupied now, or was occupied at a particular time, is a matter that must be determined on a case-by-case basis. The clause provides that a certificate issued by the Secretary of State shall be conclusive evidence as to whether, at a particular time, territory was occupied. That is standard procedure for determining such matters that concern international relations and are considered to be matters of state.

[Kevin Brennan]

The Minister may not have this information available, and may want to write to the Committee with it, but do the Government have a list of territories that they currently consider to be occupied under that definition?

[Tracey Crouch]

I do not have that information to hand now, but I do not think we have an official list, because this is often a controversial point. May I suggest that if we are still on clause 16 when we return this afternoon, we perhaps clarify or confirm that point then?

[Kevin Brennan]

I am grateful. I understand her not having the information now. It might be useful to clarify, for example, whether the Government consider Crimea to be an occupied territory.

[Tracey Crouch]

Again, if we are still debating clause 16 this afternoon—or perhaps even when we debate clause 17 —if the hon. Gentleman wants to raise the point then, I may be able to give him more information. However, as he can imagine, the definition of occupied territories is sometimes controversial, and it is often open for discussion.

A certificate may not be issued in all cases. Alternative evidence may be used to prove the status of a particular territory. Before I conclude, I have been reliably informed that, yes, Crimea is considered an occupied territory; that at least covers one of the questions that the hon. Gentleman might have wanted to return to this afternoon, allowing us more time for other matters.

--- Later in debate ---

[Tracey Crouch]

I repeat that I do not think that the clause imposes any more requirements on those who deal in cultural property beyond the normal due diligence that they undertake now in accordance with industry standards, so I am not convinced that there will be additional costs. We need to remind ourselves that the offence is not retrospective; it applies only to cultural property unlawfully exported from occupied territories after the date that the convention and protocol came into force for those countries that are party to it, and cultural property needs to be imported into the UK after the Bill comes into force to be an offence.

To clarify exactly what sort of cultural property we are talking about and the dating of that property, I will briefly repeat messages back to my hon. Friend the Member for Enfield, Southgate about Syria. It is important to take this opportunity to clarify how the Bill applies to the situation in Syria. The Bill’s application to the situation in Syria is limited for two reasons: first, while Syria is party to the convention and the first protocol, it has not ratified the second protocol; secondly, the UK does not recognise Daesh as a state.

With regard to the first point, the current conflict in Syria is defined as a non-international armed conflict—a civil war, in other words—and the offences listed in article 15 of the second protocol may be committed during civil wars. However, the application of clause 3 is complicated as it varies depending on whether the state experiencing civil war is a party to the convention and/or the second protocol. The Bill’s application to Syria is limited to the offence set out in article 15(1)(e) of the second protocol, which is

“theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention.”

Because Syria is party to the convention, its cultural property is protected against that offence. The Bill’s application is limited in some respect because Syria is not yet party to the second protocol, which means that the UK cannot prosecute for any of the other four offences set out in article 15 of the second protocol.

[Kevin Brennan]

I saw the Secretary of State’s letter, together with an explanatory note, that she provided following Second Reading. It made it clear that the Bill could, in effect, apply in civil wars, although that is not the phrase that she used; I think the Minister has confirmed that with what she just said. I am just trying to understand exactly what the Minister meant in relation to the first and second protocols. Is it that Daesh could not be covered by the Bill because it is not a state party or a recognised state, or is it because the second protocol to the convention has not been ratified by Syria?

[Tracey Crouch]

It is probably both, actually. First, Daesh is not a recognised state, and secondly, not all parts of article 15 apply because Syria has only signed up to the convention. Article 15(1)(e) applies because Syria has ratified the convention, but articles 15(1)(a), (b), (c) and (d) do not apply because Syria has not signed up to the second protocol.

[Kevin Brennan]

To be clear, does that mean that the Bill could apply to only one side in a civil war—namely, to a recognised Government who were signatories to the convention—while the other side, despite committing identical actions, was not covered because it was not a recognised state under the convention?

[Tracey Crouch]

We ae going beyond the specific purpose of this legislation. I can tell the hon. Gentleman that the Bill will apply if there is evidence that a UK national has joined Daesh and damaged or stolen cultural property while in Syria. The UK could seek to prosecute that individual under clause 3 on their return to the UK. As I stated, article 15(1)(e) applies to

“theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention.”

Article 15(1)(e) is broad enough to take into account everything protected under the convention, which Syria has signed, but article 15(1)(a), (b), (c) and (d) all refer to aspects that are in the second protocol, to which Syria is not a signatory. I hope that clarifies the point. I appreciate that this is incredibly complicated, but we are limited to talking about some issues relating to UK nationals in Syria.

On the question raised by my hon. Friend the Member for Enfield, Southgate, we are not aware of any UK nationals who have been involved in cultural destruction in Syria. On the second point in relation to Syria, clause 17 creates the criminal offence of dealing with cultural property that has been unlawfully exported from occupied territory. Territory belonging to one country can only be occupied by another state. The UK does not recognise terrorist groups such as Daesh as states, so Syria cannot be classed as an occupied territory, and the dealing offence is not engaged. There is no loophole in our approach to dealing in Syrian cultural property, as sanctions already exist for the sorts of objects that have been illegally removed from Syria. I can confirm that the second protocol would apply to both sides in a civil war if the state had ratified the second protocol, which Syria has not.

--- Later in debate ---

[Kevin Brennan]

The hon. Gentleman is an eminent lawyer and understands these matters much better than I do. I am sure that he is correct to say that that is part of the problem, but I imagine that agreeing on a list internationally will be much more difficult than the UK Government drawing up their own list of territories that they consider to be occupied. After all, we are bringing these provisions into UK law, so it would be during proceedings in the UK when this would be a matter of importance. I do not think that there is any great logic in why the Government have said that they are not prepared to produce a list. We will not vote against the clause, but if the Minister has anything further to add, I am sure it will be helpful.

[Tracey Crouch]

The only thing that I would like to add is that the hon. Member for Cardiff West is a very experienced and somewhat naughty man for leading me down a garden path; I will now no doubt get a smacked bottom from the Foreign Secretary for declaring, on the record, that comment about Crimea. It is important to stress that this is an incredibly complex area, involving sensitive issues relating to foreign affairs. No other state that is part of the convention has produced a list. I appreciate that the hon. Gentleman does not think that a reliable or worthy response to the issue. We want to make sure that we introduce the Bill and ratify The Hague convention properly, so that we protect cultural property in the United Kingdom and abroad.

We firmly believe that the Bill does not place any further burdens or restrictions on the art market. There is nothing in the Bill that those in the art market do not already do, in terms of due diligence. Where they have concerns, we would expect them to seek appropriate legal advice, as they currently do. There is a whole wealth of people out there who are able to provide that.

Girls (Educational Development)

Debate between Kevin Brennan and Tracey Crouch

Tuesday 29th November 2011 Westminster Hall

[Tracey Crouch]

It is interesting how in the past certain comedians have mocked women’s education, to try to belittle women. Some dictatorships have banned women from being educated, which makes the point.

In my short remarks I want to mention the importance of sport and physical activity in building girls’ confidence. I am interested and active in sport, and am pleased to say I have just been appointed parliamentary ambassador to Us Girls, a lottery-funded project within 50 areas of high disadvantage, spread throughout England. It is tied in with the hugely successful StreetGames. I am also the manager of a girls football team in Chatham. I have been with the girls since they were nine and 10 years old, and now they are 13 and 14—the key age group we have been talking about this afternoon. They have gone from timid little girls to strong, confident and often cheeky teenagers. It has been very interesting to see them grow up, and I am proud to have played a small part in their lives thus far.

I am pleased to be involved in youth sport, not least because a quick search on the internet shows that there has been much scientific research into how sport can help to build confidence in girls. In addition, it has been proved that girls who do sports do better in school, because exercise improves learning, memory and concentration. It can also help to reduce stress and make people feel a lot happier, not just about their physical self but about their mental ability. What is fantastic about some of the recent initiatives to get youngsters—boys and girls—active in sport is the fact that there has been much more innovative thinking about the type of sport or physical activity that is offered. In my day—without meaning to sound as if I am 100 years old—the only opportunities for sport we had were netball and hockey in the winter and athletics and tennis in the summer. We were very lucky to have the playing fields so we could do those activities, but not everyone wanted to do competitive team or field sports. Now there is much more to do, ranging from dance and trampolining to Zumba, which is apparently the latest craze.

[Kevin Brennan]

Will the hon. Lady give way?