Cultural Objects (Protection from Seizure) Bill

Lord Vaizey of Didcot Excerpts

2nd reading
Friday 18th March 2022 Lords Chamber

Moved by

[Lord Vaizey of Didcot]

That the Bill be now read a second time.

[Lord Vaizey of Didcot (Con)]

My Lords, this is a wonderful opportunity for me to take this important Bill through your Lordships’ House. I thank—I do not know if I can call him my honourable friend—the Member for Central Devon, Mel Stride, whom I have known for a while, who guided this Bill through the other place and very kindly asked me to take it through your Lordships’ House. I was delighted to take over the reins, given my interest in these issues in my former role, now so elegantly occupied by my noble friend Lord Parkinson.

Before I get into the meat of the Bill, I thank the excellent Bill team at DCMS—Mark Caldon, Karl Jagdis and Aisling Parrish—as well as the brilliant DCMS lawyer, Lydia Williams. I am sure my noble friend Lord Parkinson will agree with me that he is lucky enough to be working in a department full of the most excellent civil servants who give so much to us.

The Cultural Objects (Protection from Seizure) Bill is a short two-clause Bill and, I think, relatively uncontroversial. It extends the period of protection for an art object against a court-ordered seizure. It covers an object that is loaned to an institution in this country—a listed institution, which I will come to in a minute—for a temporary exhibition and ensures that it cannot be seized while it is in this country.

That provision was brought in by Part 6 of the Tribunals, Courts and Enforcement Act 2007. Under Section 134 of the Act, provided that certain conditions are met, these objects are protected from a court-ordered seizure for a period of 12 months. It is obvious why the legislation was originally brought in: there were concerns from a number of countries that their art objects were in danger of being seized while abroad if a third party, for example, had brought a claim against that object or indeed if a third party had a dispute with the state, albeit some kind of territorial dispute, and it wanted to use the object as a bargaining chip.

Section 134 of the Act clearly provides protection against seizure, provided that the object is normally kept outside the UK, it is not owned by a UK resident and it has been brought here for temporary public display by a museum or gallery—provided that that gallery is approved under Section 136 of the Act. In order for the object to be protected, the borrowing museum must have complied with the regulations made under the Act relating to publishing information about the loan in advance of it coming to the UK, and also doing due diligence on the provenance of the object.

The Secretary of State for Digital, Culture, Media and Sport is responsible for approving the institutions in England—and, indeed, in the devolved Administrations—that come under the provisions of the Act. To gain approval under the Act, institutions have to demonstrate that their procedures for establishing the provenance of the object and the ownership of the object are of the highest standard.

When the Act was passed in 2007, it was considered that 12 months was an adequate period of time to allow objects to arrive in the UK and then to be returned following their inclusion in a temporary exhibition. Section 134(4) of that Act provides that the protection continues for not more than 12 months, and that begins on the day that the object enters the UK. The only exception to that is where the period can be extended if the object suffers damage and repair work is needed.

The legislation has worked well over the years; it has enabled institutions across the UK to borrow some outstanding objects that the public would not otherwise have been able to see. There are now 39 institutions across the UK that have been approved under the regulations. I could point to many examples where the regulations have enabled an exhibition to take place, but I need only cite two that will be very familiar to your Lordships: the terracotta warriors, loaned from China to National Museums Liverpool in 2018, and of course the “Treasures of the Golden Pharaoh”, Tutankhamun, loaned from Egypt to the Saatchi Gallery in 2019, an exhibition that was seen by almost 600,000 people.

A more up-to-date example is the eagerly-anticipated Raphael exhibition at the National Gallery, which opens next month. The exhibition is unique in exploring Raphael’s complete career, featuring his celebrated paintings and drawings as well as his work in architecture, poetry and design for sculpture, tapestry and prints. But it has loans from abroad: from the Louvre, the National Gallery of Art in Washington, the Prado Museum in Madrid, the Uffizi Gallery and the Vatican Museums. I am sure that it will draw huge crowds.

Many of these loans will of course be protected under immunity from seizure. These include Raphael’s letter to Pope Leo X from the state archives of Mantua, a tapestry of “St Paul Preaching at Athens” from the Vatican Museums and paintings such as the self-portrait, the portrait of Baldassare Castiglione, and “St Michael” and “St George” from the Louvre. One of the star exhibits is featured on the front page of the exhibition catalogue: the portrait of Bindo Altoviti, which has been loaned by the National Gallery of Art in Washington.

I do not know why I am banging on about the Raphael exhibition at the National Gallery, because I have just been appointed as a trustee of Tate. I turn instead to that great institution and commend to your Lordships the new “Surrealism Beyond Borders” exhibition at Tate Modern, which runs until 29 August—so, by my calculation, your Lordships have five months to get across the river. Previous stories of surrealism have focused on Paris in the 1920s. Our exhibition at Tate will reach across the world and over 50 years. It shows how artists around the world have been inspired and united by surrealism from centres as diverse as Buenos Aires, Cairo, Lisbon, Mexico City, Prague, Seoul and Tokyo. Again, many of the loans would not have been possible without immunity from seizure.

The logistics involved in planning and hosting blockbuster exhibitions such as these are immense. With their long experience in managing exhibitions, museum staff are incredibly versatile and adept at dealing with unexpected problems, including transportation delay, but problems can still occur. For example, the Icelandic volcano which erupted in 2010 and, of course, the global pandemic, have both led to delays. Thankfully, travel restrictions have now eased and museums are enjoying hosting and planning future exhibitions with a degree of confidence. However, I say that as the current appalling conflict in Ukraine and sanctions against Russia illustrate that safely moving and returning artwork around the world is never straightforward. That is why this Bill is important.

Where there are unexpected delays in returning protected objects, the Bill allows a period of protection to be extended beyond 12 months, at the discretion of the Secretary of State. It will ensure that the protection remains fit for purpose and that foreign lenders continue to lend to the UK. The new power to extend would apply following an application from a museum or gallery, and extensions would be granted for a further three months initially. There is the possibility of a further extension, if considered necessary. The circumstances under which an extension may be considered will be set out in guidance, which is being developed in discussion with museums and the Scottish Government. It will be published before the Bill completes its passage in this House. The measure is strongly supported by the museums sector and the Arts Council. I am also delighted to tell your Lordships that, only yesterday, the Scottish Parliament passed its legislative consent Motion, so the Bill can now have effect in Scotland.

Although Part 6 of the Tribunals, Courts and Enforcement Act provides immunity from seizure, there are currently no approved institutions in Wales or Northern Ireland. During the Bill’s passage in the other place, it was actually amended to remove its application to Northern Ireland and Wales. This was because the Department for Communities in Northern Ireland decided that at the moment, it is unable to prioritise a legislative consent Motion in the Northern Ireland Assembly. Also, following discussions between the British and Welsh Governments, it has not been possible to reach agreement on how the concurrent power to extend the current 12-month period of protection would apply across the two nations. The Welsh Government have also therefore declined to table a legislative consent Motion for the Bill as it stands. I am afraid those are unfortunate developments; I emphasise again that objects may still be protected under the current immunity from seizure legislation in Northern Ireland and Wales, but without a power to extend the current 12-month period.

We have a very busy day today so I will bring my remarks to a close. I trust your Lordships will agree that this is a worthy measure, ensuring that cultural objects can continue to be protected from seizure from their country of origin. I am sure your Lordships will breathe a mild sigh of relief that I will not be taking the House through the current exhibitions at the museums designated in the Act, from the Ashmolean Museum to the Wolverhampton Art Gallery. I beg to move.

--- Later in debate ---

[Lord Vaizey of Didcot (Con)]

My Lords, this has been a fantastically erudite and insightful debate, covering a wide range of issues, but coming back always to focus on the importance of the Bill. I congratulate the noble Baroness, Lady Merron, on mentioning school trips, and the controversy, and I commend the article from Maria Balshaw, the director of the Tate, in yesterday’s Evening Standard, in which she agrees with the noble Baroness—as do I—that school trips are absolutely essential to museums and should not simply be seen as there to promote grades.

I am tempted to take up my noble friend’s invitation to compare every speech to a great exhibition. If my speech was a surreal one, may I say that the maiden speech of my noble friend Lord Strathcarron was absolutely excellent. I am going to compare it to the British Museum exhibition on Stonehenge—rooted in tradition, reaching back to the ancients and yet still illuminating us with new and current modern insights. I say this with all sincerity: it is wonderful to have him in the House, and I look forward to partaking with him on many debates on cultural policy.

I would compare the great speech of my noble friend the Minister to the V&A exhibition that opened yesterday, “Fashioning Masculinities: The Art of Menswear”. As we listen to his erudite comments, we simply must acknowledge also that he is one of the most elegant Members of the Front Bench, in terms of how he puts his case and how he presents himself in the House. I commend the Bill to the House.

Bill read a second time and committed to a Committee of the Whole House.

Cultural Objects (Protection from Seizure) Bill

Lord Vaizey of Didcot Excerpts

3rd reading
Monday 25th April 2022 Lords Chamber

Moved by

[Lord Vaizey of Didcot]

That the Bill do now pass.

[Lord Vaizey of Didcot (Con)]

My Lords, I will keep my remarks extremely brief. The Cultural Objects (Protection from Seizure) Bill amends Part 6 of the Tribunals, Courts and Enforcement Act 2007, which provides immunity from seizure for cultural objects on loan from abroad in temporary exhibitions in public museums and galleries in the UK. Cultural objects on loan from abroad featuring in exhibitions held in UK museums and galleries approved under the Act are at the moment protected from a court order seizure for a period of 12 months from the time when the object comes into the UK.

The Secretary of State for Digital, Culture, Media and Sport is responsible for approving these institutions in England, which can come under this regime, and the devolved Administrations have similar powers in other parts of the UK. To gain approval under the Act, the institutions must demonstrate that their procedures for establishing the provenance and ownership of objects are of a high standard.

When this Act was passed, 12 months was considered to be a very adequate period for objects to arrive in the UK and to be returned. During the Bill’s Second Reading, I mentioned that unforeseen travel delays can now result in works not being returned on time, and that risks undermining the confidence of foreign lenders to lend their art treasures to the UK.

The measures in the Bill would allow the current period, therefore, to be extended beyond 12 months at the discretion of the Secretary of State for Digital, Culture, Media and Sport, or indeed Scottish Ministers when it comes to Scotland. That will ensure that this protection remains fit for purpose. The new power to extend would only apply following an application from the approved museum or gallery. Extensions would be granted for a further three months initially, with a possibility of a further extension if considered necessary.

I am pleased to inform noble Lords that guidance for approved museums and galleries on how they can submit an application for extension has now been published in draft by the department, so the process and the guidance to support it are now ready to go.

I am delighted that the Bill has received such strong support, and I thank everyone who has contributed, including the Member for Central Devon, Mel Stride, for his work steering the Bill through, and the civil servants in the Department for Digital, Culture, Media and Sport. As the department’s Secretary of State pointed out in the newspapers only today, they are knocking it out of the park in DCMS—whether they are present at their desks or not. Finally, I thank my favourite cultural object, who is, of course, our wonderful Minister, my noble friend Lord Parkinson. I am delighted that, after his successful visit to the Venice Biennale, he was protected from seizure and has returned to our shores to give the Bill the final seal of approval.

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

My Lords, I am very grateful to my noble friend not just for bringing forward this Bill but for his kind words. I would like to take this opportunity to congratulate Sonia Boyce, who represented the United Kingdom at the UK Pavilion at the Venice Biennale, as well as Emma Ridgway, the curator, and everyone at the British Council who commissioned her work, which I am very pleased to report won the coveted Golden Lion for the first time since 1993. It is a tremendous achievement and everyone in the UK is very proud of them all.

I am pleased to reiterate the support of Her Majesty’s Government for this Bill. It is short and straightforward but will be of great benefit to the many approved museums and galleries in England and Scotland that rely on immunity from seizure protection when they borrow cultural objects from abroad. It will add an appropriate layer of flexibility to the existing legislation covering immunity from seizure. Currently, as my noble friend says, the maximum length of time an object can be protected from seizure while on loan is 12 months. As we learn and move on from the unprecedented challenges that museums and galleries have faced over the past two years in particular, the Bill rightly recognises that unpredictable delays do sometimes happen and that it may not always be possible for objects to be returned within that existing timeframe. The ability to extend the protection afforded to cultural objects is a sensible option to have. I am very grateful to my noble friend for presenting these helpful measures and for all his work in guiding the Bill through your Lordships’ House, to all noble Lords who have supported it, from all corners of the House, and, as my noble friend says, to the DCMS officials who have supported it.

As my noble friend says, the guidance for approved museums and galleries on how and when to apply for an extended period of protection has now been published in draft. The policy is therefore ready to be put into effect, subject to Royal Assent being granted. I am grateful to all those who helped the Bill speed on its way to the statute book.