Cultural Property (Armed Conflicts) Bill [Lords]

Mark Tami Excerpts

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

[Karen Bradley]

That concern has been raised with me outside this place by a number of right hon. and hon. Members, including my right hon. Friend the Member for Maldon (Mr Whittingdale), the previous Secretary of State, and my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier). The issue was not raised substantively in the other place but I understand that there are concerns, so the Under-Secretary of State for Culture, Media and Sport, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), and I will meet concerned parliamentarians, with officials, to make sure that we have comfort in this regard. It is important that we are clear that the Bill will not hamper the way in which the art market operates.

It is important to note that part 4 applies only to cultural property that has been unlawfully exported from an occupied territory after 1956, when the convention and first protocol came into force. Clause 17, which the hon. Member for Rhondda (Chris Bryant) has mentioned, creates a new offence of dealing in unlawfully exported cultural property. That offence applies only to unlawfully exported cultural property that is imported into the UK after the commencement of the Bill, which ensures that the Bill will have no retrospective application.

Scrupulous dealers have no reason to fear prosecution or increased business costs under the Bill.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the Secretary of State accept, though, that, regardless of whether an item is legal or not, if a country falls into a war situation, suspicion will fall on every item of property that would previously have been dealt with perfectly legally?

[Karen Bradley]

I do not think that that will happen, and it is certainly not the Bill’s intention, but I am happy, together with my hon. Friend the Under-Secretary, to speak to colleagues and to spend time with officials to make sure that we are all satisfied. We all want The Hague convention to be brought into UK law—62 years is too long. We want to get on with it, but also to make sure that we do so in a way that satisfies parliamentarians and means they are happy that it will deliver the desired effect.

Although dealers will need to satisfy themselves through due diligence that there is no reasonable cause to suspect that objects presented for sale have been unlawfully exported from an occupied territory, existing codes of conduct already oblige dealers not to import, export or transfer the ownership of objects where they have reasonable cause to believe that the object has been exported in violation of another country’s laws. Dealers will not be required to carry out any further due diligence beyond that which they should already be conducting. In order to commit an offence, a dealer must deal in an object knowing, or having reason to suspect, as the hon. Member for Rhondda has pointed out, that it has been unlawfully exported. If a dealer takes temporary possession of an object for the purposes of carrying out due diligence or providing valuations, they will not be dealing in that object, because they will not be acquiring the object.

The rest of part 4 outlines the circumstances in which unlawfully exported cultural property would be liable to forfeiture, and creates the necessary new powers of entry, search, seizure and forfeiture. Part 5 provides immunity from seizure or forfeiture for cultural property that is being transported to the UK, or through the UK to another destination, for safekeeping during an armed conflict.

Finally, part 6 ensures that if an offence under the Bill is committed with the consent or connivance of an officer of a company or Scottish partnership—for example, directors of private military contractors—that officer will be guilty of an offence, as well as the company or partnership.

There is already a legal framework in place that is designed to tackle the illicit trade in cultural property. The Dealing in Cultural Objects (Offences) Act 2003, the Theft Act 1968 and the Syria and Iraq sanctions orders enable the UK to take action where authorities suspect that individuals might be engaged in illicit trade. The Bill helps to strengthen that framework in relation to cultural property that has been taken illegally from occupied territories.

In addition to enabling prosecution, the existing legislation also has an important deterrent effect, sending out the message that the UK will not tolerate any illicit trade in cultural property. As well as providing teeth that can be used when required, the Bill will strengthen that deterrent effect.