Cultural Property (Armed Conflicts) Bill [Lords]

Louise Haigh Excerpts

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

[Louise Haigh (Sheffield, Heeley) (Lab)]

It is a pleasure to rise to support the Bill. As my hon. Friend the Member for Cardiff West (Kevin Brennan) said, the previous Labour Government put this issue on the political agenda in 2004 and pushed a draft Bill in 2008. The Bill is long overdue, 62 years after the convention was first brought forward. As has been made very apparent during this debate, cultural property is not just bricks and mortar—it is the very fabric and soul of society and our history. It deserves our prioritisation, our attention and our protection. As has been elucidated, unfortunately we do not have to look too far, even today, to see examples of wilful cultural destruction, from Daesh’s destruction at Palmyra and al-Qaeda’s demolition of the mosques and mausoleums in Timbuktu, to the destruction and churches in Mosul, which, as the hon. Member for Tonbridge and Malling (Tom Tugendhat) said, goes hand in hand with ethnic cleansing.

We have heard some excellent speeches. The right hon. Member for Maldon (Mr Whittingdale)—who is, I believe, particularly to be congratulated on bringing this Bill forward—gave a moving account of the courage of Khaled al-Asaad, who laid down his life in the protection of the Palmyra site. Not only is there wilful destruction of such cultural property, but Daesh and others are profiting from the proceeds.

The right hon. Gentleman, among others, made a pertinent point about clause 17 and the difference between “knowing” and “having reason to suspect” that cultural property was illegally acquired. He called for a clearer requirement on dishonesty that exists in similar provisions in legislation such as the Theft Acts. I am sure that the Minister will provide us with an assurance that the threshold is not low to scoop up innocent people but rather ensures that prosecutions are brought against anyone who has not conducted their due diligence. Only a single prosecution has been brought under the Dealing in Cultural Objects (Offences) Act 2003, and it has been criticised for its low threshold. I hope that the Minister will stick to her guns on that.

The hon. Member for Argyll and Bute (Brendan O'Hara), who spoke on behalf of the Scottish National party, made some excellent points about the plundering of cultural artefacts by Daesh and the role of the European art market.

The right hon. Member for Wantage (Mr Vaizey), who is not in his place, was full of self-deprecation about how unsuccessful he was as a Minister in introducing the proposed legislation, but he welcomed, as we do, the cultural protection fund. He was right to point out that the British Museum is free to visit, and that is thanks to the last Labour Government, who acknowledged that there should be no class barrier to accessing and participating in culture. Unfortunately, he showed none of the humility that my hon. Friend the Member for Cardiff West called for in recognising some of the less desirable aspects of our history with regard to our colonial past.

The hon. Member for Hendon (Dr Offord) made an impassioned case for the Bill in relation to illegal antiquities from Cyprus that turn up in London, the biggest art market in the world. It is vital that we enforce against that here, because it is so difficult to do so in war zones such as Syria and in Cyprus.

Similarly, the hon. Member for Enfield, Southgate (Mr Burrowes) said that it is important that we ratify not only the convention, but the two protocols, to bring us into line, finally, with other Security Council members and to ensure that we are at the front of the pack of the five permanent members.

The hon. Member for Newark (Robert Jenrick) was rightly praised by a number of hon. Members for the role he has played in the Bill’s progress. He pointed out that a great wrong is finally being righted, and he is to be congratulated on his persistence. He spoke in particular about those on the frontline who risk their lives to protect their living histories and about why our cultural diplomacy and how we back it up through our legislation and the cultural protection fund are so important. He was also right to say that the Bill is symbolic.

The hon. Member for Somerton and Frome (David Warburton) pointed out that protection is more necessary than ever and that there should be similar protection in conflicts that involve non-state actors. I hope that the Minister will address that in her response.

The right hon. and learned Member for Harborough (Sir Edward Garnier) called for greater clarity on the definition of cultural property and pointed out that many new forms of heritage have been developed since the 1950s. Greater clarity is also needed on the definition of occupied territory, given that there are many different forms of it in the world, with Crimea being an interesting example.

Last but by no means least, the hon. Member for East Worthing and Shoreham (Tim Loughton) praised the renowned dexterity of my hon. Friend the Member for Cardiff West in his opening speech. The hon. Gentleman said that it was important that we hurry up and get on with the Bill, so that we can lead the way and be the first of the five permanent members of the Security Council to ratify the convention, not only to secure and promote London’s reputation as the centre of the international art market, but to prompt other states to ratify the convention and to prosecute those who hypocritically profit from trade on the international black market and, in some cases, as he pointed out, loot to order.

We welcome the Bill and the fact that the Government have finally made time for it. The ratification will put the UK at the forefront of international cultural property protection. My hon. Friend the Member for Cardiff West has asked me to thank Ministers for allowing him to meet the Bill team in preparing our response.

Will the Minister assure us that legitimate art dealers will not be caught up by clause 17? In her opening remarks, the Secretary of State said that she did not think that that would be the case, but can the Minister be more explicit?

Will digital formats be protected? My hon. Friend Lord Stevenson said in the other place:

“Who could, these days, expect to understand, debate and discuss the culture of any country or time without having regard to the moving image?”—[Official Report, House of Lords, 28 June 2016; Vol. 773, c. 1476.]

We appreciate how tricky it is to capture the spirit, purpose and language of an instrument that was drafted more than 60 years ago, while creating a relevant and effective regime for the present day, but we would appreciate the Minister’s comments on that.

My hon. Friend the Member for Cardiff West will probe further the issues raised by several Members about mens rea, but we are generally supportive of the Government’s position, which would require effective due diligence by art dealers in relation to clause 17. Finally, we ask the Government to think again about the removal of art history, archaeology and classical civilisation A-levels, for which my hon. Friend has passionately made the case. They are vital if we are to enforce the measures in the Bill and promote our cultural diplomacy across the globe. We are pleased to support this Bill on Second Reading.