National Heritage Act 1983

Lord Kamall Excerpts

Thursday 13th October 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Kamall) (Con)]

My Lords, I begin by thanking the noble Lord, Lord Vaizey, and his ability to generate publicity for this debate. I also pay tribute to my predecessor, the noble Lord, Lord Parkinson. I would not go so far as to say that he is a national treasure but he is treasured by many of us for his knowledge and the way in which he went about his duties.

Before I respond, it might be worth recalling some of the origins of the National Heritage Act 1983. I say this as a new Minister for Heritage; I am sure that the noble Lord, Lord Vaizey, would describe me as the temporary Minister for Heritage. Indeed, in some ways all Ministers are temporary—we are the opposite of puppies. People say that puppies are for life, not for Christmas; we are just for Christmas. We recognise our ephemeral nature. In my new role I am the Minister for Heritage, but my honourable friend Stuart Andrew is the Minister responsible for museums. Of course, there is overlap, and we talk all the time about these issues, but I focus on heritage. I have been reminded by my department to stop getting so excited about heritage railways and canals; there is far more to our heritage, as Historic England reminds me.

It is worth remembering that this Act established the Royal Armouries, the Science Museum, the V&A and the Royal Botanic Gardens in Kew, as many noble Lords have mentioned, as non-departmental public bodies. We have to remember that, under the provisions of the Act, the bodies are governed by the trustees, not the UK Government. Many noble Lords may well question that, but it is a principle that we have to be quite clear about. The Act outlines the responsibilities of trustees of these institutions, which includes caring for objects in their collections and exhibiting them to the public, supporting research but also promoting public enjoyment and understanding of the unique and special subjects covered by their collections, as well of course as, rightly, generating much debate. Noble Lords have spoken about some of that debate today.

The Act also sets out the board’s duties about the acquisition and disposal of objects. It provides that the board of trustees may not dispose of an object in its collection unless they are duplicates,

“unsuitable for retention in their collection and can be disposed of without detriment to the interests of students or other members of the public”

or

“useless for the purposes of their collection by reason of damage”.

The Act exists to protect the objects and artworks in our national museums to ensure that they are preserved for public benefit now and in the future. As my noble friend is aware, this is one of several Acts that govern our national museums.

Clearly, the underlying question of where cultural objects belong is an important and, as my noble friend acknowledges, highly complex issue. Complexity should not be used as an excuse for inaction; it just means that we have to unpack some of that complexity and look at some of the issues. As someone who grew up in an immigrant household and is from a non-white and non-European background, it is very easy for me to see the feeling of superiority of white European culture over the rest of the world—you sometimes saw this in the referendum, for example—and to feel baffled by this question, given the rich histories of many other countries. I remember my parents telling me when I was a child, “We’ll go to the British Museum, but remember there’s nothing British in the British Museum.” I acknowledge that when I actually turned up there, that was not true, but many of the collections came from around the world, and many of those items are subject to much debate and ongoing discussions.

In the UK, of course, given that the trustees operate independently, it is up to the museum’s own trustees to respond to restitution claims. Of course, in our national museums there is also legislation, including the Act that we are discussing today, that prevents them from removing items. But there are two exceptions—my noble friend rightly acknowledged the case of art looted by German national socialists in the 1930s and 1940s. Of course, in 2000 we had the Spoliation Advisory Panel to consider the claims for the return of these objects. So far, it has advised on 20 claims, and 13 cultural objects have been returned to families. Therefore it is of course important that there are exceptions and to recognise that such claims are deserving of special consideration.

Of course, there are also legal measures in place to allow human remains under 1,000 years old to be returned to their descendants around the world. Since the introduction of this measure, there have been a number of successful repatriations of human remains from our national museums. As recently as July 2022, the Natural History Museum transferred the custodianship and care of the ancestral remains of 113 Moriori and Maori individuals to their descendants in New Zealand.

Given all this, I now turn to the questions from my noble friend Lord Parkinson and the noble Earl, Lord Clancarty, about the potential implications of the new measures in the Charities Act. I am aware that it has been reported that the two provisions, Sections 15 and 16 of the Act, have the effect of enabling national museums for the first time to restitute items from their collections, based on moral grounds. However, I am also advised that when your Lordships and the House of Commons debated the Charities Bill, no such intent was considered, nor agreed on. Given this, the Government are deferring the commencement of the sections of the Act, which we initially expected to be part of the first tranche of commencements in the autumn, until we fully understand the implications for national museums and other charities. I hope that noble Lords will respect that decision; we really want to understand the implications. Whatever one thinks of the debate, it is important that we understand the legal implications for that.

We also recognise that restitution cases are complex and that every situation is different. Given that, at the moment the Government are not changing their position. However, as noble Lords have rightly acknowledged, we are seeing museums exploring other circumstances in which they may be able to return objects in their care. This is to be encouraged. Noble Lords have already talked about the return of the Benin bronzes to Nigeria by the Horniman museum in August this year. The complexity of deciding what is Benin, who the rightful owners are and where the bronzes should be returned to has also been shared with noble Lords. There are many issues such as these when people call for restitution. Some claim to speak for others; many people have claims on restitution. That does not mean that we should not try, but it exposes the complications and the complexity of the debate.

Let me be quite clear: I understand the powerful argument that often museums are willing to return objects to countries but are prevented from doing so due to existing law. Many people—indeed many noble Lords—feel that there will sometimes be very good reasons why an object should not be returned, such as concerns over preservation, curation, storage or who to return it to. But they also feel that a law preventing items being returned should not be the only justification about returning those items. I understand that debate and these arguments completely.

[Lord Vaizey of Didcot (Con)]

My Lords—

[Lord Kamall (Con)]

I see that my noble friend Lord Vaizey is getting very excited for his next podcast.

I understand these arguments. However, the Government’s position remains unchanged. The Government will continue to abide by the long-standing principle and legal position supported by successive UK Governments that claims should be considered on a case-by-case basis. I remind your Lordships once again that we believe that it is the trustees, not the Government, who are responsible for these decisions—not as a way out, but to clearly state that factor as a part of these considerations.

We are committed to supporting museums and trustees in delivering their duties in care of their collections. Noble Lords will be aware that our national development agency for museums and cultural property and Arts Council England, which is sponsored by the DCMS, published the museum guidance, under the title, Restitution and Repatriation: A Practical Guide for Museums in England. I am sure it is a bestseller. This guidance offers museums a technical framework to evaluate claims on a case-by-case basis, and it advises on a spectrum of outcomes, including returning, not returning and making long-term loans and partnerships.

We understand that claims often also lead to opportunities for enhancing understanding for all parties involved in the discussions, including improving knowledge, contributing to research, building mutually beneficial international partnerships and relationships with the originating communities, and opening up a dialogue and discussions about cultural heritage. For example, as my noble friend Lord Vaizey said about the return of the marble head of the Greek god Eros to the Istanbul Archaeological Museum, these two institutions have been co-operating since the 1930s—this is nothing new. However, this agreement is part of an ambitious new cultural partnership between the V&A and the Istanbul Archaeological Museum, and the Government support the V&A with its arrangements of renewable cultural partnerships, which are a pragmatic way of—

[Lord Vaizey of Didcot (Con)]

What is the answer?

[Lord Kamall (Con)]

My noble friend was a government Minister; he knows that it takes a bit of time to come to the answer.

I know that noble Lords are proud of our world-class national museums and the fact that we have more than 24 million overseas visits to DCMS-supported museums, accounting for 50% of all visits, despite the closure of museums due to national lockdown measures. The global public also benefit from our collections, because let us remember that between 2019 and 2020 the UK national museums lent more than 71,000 objects to more than 2,000 venues around the world. It is not black and white or inaction compared with action. Some of these things are already going on. These are deep, complex conversations, but they also provide opportunities for cultural partnerships. Noble Lords talked about global Britain. What a great example of soft power it is if we can be seen to be co-operating and tackling those sometimes difficult discussions head-on. Surely it is better that we have some of those conversations.

As the noble Lord, Lord Bassam, said, technology plays a vital role. Much of our national collection is available online. We recognise the importance of that, which is why my department supported the Arts and Humanities Research Council’s successful bid for £90 million to advance the use of digital technology. These initiatives demonstrate that our museums are dedicated to making their collections accessible, so that as many people as possible can experience, engage with and even be touched or inspired by them.

These collections are also the focus of scholarship and research. In fact, the national museums are internationally recognised as leaders in their academic fields—but, once again, they partner with universities, museums and other research organisations around the world. They collaborated with more than 1,000 UK and international academic and research institutions between 2019 and 2020.

Much of the research is focused on the provenance of museum collections. It is amazing; it shows just show complex these issues are that we have almost a whole new academic field looking at the provenance of the collections, the issues and whether whoever gave it in the first place—or claimed to give it—had any legitimacy. There are a number of other complex issues, as many people would acknowledge. Today we are also committed to combating the illicit trade in cultural property, so that we do not make the same mistake.

In answer to the question from the noble Lord, Lord Berkeley, we are aware of the positive discussions between Cambodia and some of the national museums. Once again, we welcome conversations such as these. I pledge to write to noble Lords to answer the questions I was unable to answer due to my verbosity.

Our museums co-operate extensively with partner institutions. They share their knowledge and collections, which has enabled our museums to co-operate internationally, to lead programmes, to collaborate and to consider issues case by case, but also, with our research on provenance, to ask whether we can unpack some of the difficult debates around those issues and to consider future claims. The law exists to protect the objects in our national museums, but we want to share these wonderful objects with the rest of the world, whether in person, digitally or through bilateral conversations.

I am afraid that for these reasons the Government have no current plans to amend this Act. It took me 12 and a half minutes, but we got there. Do not worry; we will have much more time to discuss it on one of my noble friend’s podcasts.

Committee adjourned at 5.08 pm.