Cultural Objects (Protection from Seizure) Bill

Debate between Mel Stride and Anthony Browne

Report stage
Friday 28th January 2022 Commons Chamber

[Mel Stride]

I thank the hon. Gentleman for his intervention. My understanding is that the application process to become an approved institution or museum is relatively straightforward. It is rigorous in the sense that, clearly, a number of important aspects have to be met. I would defer to the Minister, who might tell us a little more in his concluding remarks about the guidance that is appropriate and how it operates in those circumstances.

As I was saying, my Bill was drafted to allow the period of protection to be extended beyond 12 months, at the discretion of the Secretary of State for Digital, Culture, Media and Sport for institutions in England or the relevant approving authority in the devolved nations. That was to ensure that the protection remains fit for purpose and can adequately respond to unforeseen circumstances, and to provide increased confidence in the UK system for those who generously share their cultural objects with UK audiences. The new power to extend would apply following an application from an approved museum or gallery, and extensions would be granted for a further three months initially, with a possibility of a further extension if that is considered necessary. The circumstances in which an extension may be considered will be set out in guidance.

[Anthony Browne (South Cambridgeshire) (Con)]

I commend my right hon. Friend for getting the Bill before the House. It is clearly an important measure and it is important to support the tourism industry, which generates so many jobs. In what sort of circumstances might an institution want to apply for the extension? Have those circumstances happened in the past or is this just a precaution to deal with situations that might arise in the future?

[Mel Stride]

I will come on to these points imminently, but let me immediately address the question my hon. Friend has posed. The circumstances have not arisen in the past in the UK, and the 12-month period has always been adequate. However, things such as the covid problems and the grounding of air flights—a volcanic eruption happened in Iceland some years ago and grounded flights—are causes for concern. The most important thing is that although we have not had a situation where we would have needed an extension in the past, there is no doubt that this comfort is required for those lenders who generously lend their cultural artefacts to our museums and galleries.

The devolved Administrations have all shown strong support for the purpose of the Bill. However , the Department for Communities in Northern Ireland has decided at this time that it is unable to prioritise a legislative consent motion in the Northern Ireland Assembly and that Northern Ireland must, regrettably, be removed from the Bill. That is unfortunate, although in practical terms it has little impact at present, as there are currently no approved museums in Northern Ireland, as I have said. Furthermore, following discussions between the UK and Welsh Governments it has not been possible to reach agreement on how the concurrent power to extend the 12-month period of protection will apply across the two nations, the Welsh Government have declined to table a legislative consent motion for the Bill as it stands. Therefore, the Bill has been amended to remove its application in Wales. As with Northern Ireland, there are currently no Welsh institutions approved for immunity from seizure, so in practical terms that has no direct impact at the moment. I am informed that a legislative consent motion has been successfully lodged in the Scottish Parliament so that the measures in the Bill can and will have effect in Scotland. Given the decisions taken in relation to Wales and Northern Ireland, the Bill has been amended so that the power in proposed new subsection (4A) to extend the protection period for three months applies only in relation to objects that are either in the UK for the purpose of a temporary exhibition in England or Scotland, or in England or Scotland for one

“of the purposes mentioned in subsection 7(b) to (e)”.

I know all hon. Members will be very familiar with them. That will limit the effect of any extension of the maximum protection period to England and Scotland. I emphasise that the 12-month protection period under the 2007 Act will continue to apply across the United Kingdom as it currently does.

Our museums have shown, particularly during the anxious times of the past two years, that they are incredibly good at managing unforeseen events. Where it has been possible, exhibitions have gone ahead and works returned to lenders on time. However, that has not always been the case and the restrictions and difficulties with international travel that we have all faced mean it has not always been possible to return loaned items as rapidly as desired once exhibitions have concluded.

As restrictions in the UK continue to be eased, museums will be able to plan with greater confidence. A number of exciting exhibitions are already planned for this year, including the Raphael exhibition at the National Gallery, Van Gogh’s self-portraits at the Courtauld Gallery and “Surrealism Beyond Borders” at Tate Modern. We can expect all those exhibitions to be popular with the public.

We may feel safer in going about our daily lives, but we should not forget mother nature’s ability to surprise us. On Second Reading, I raised the disruption to air travel caused by the Icelandic volcano that erupted in 2010; the eruption earlier this month of the Tongan volcano, which threw out a huge cloud of volcanic ash, is further evidence that we can be taken unawares and forced to change our plans, sometimes at very short notice.

[Anthony Browne]

I thank my right hon. Friend for his detailed exposition of the legislation, which I strongly support. He mentioned in his introduction the various circumstances in which it is deemed necessary for there to be protection against action taken overseas—in Switzerland, France and so on; is he aware of any UK cases of the court-ordered seizure of artworks that have come here for exhibitions? In what sort of circumstances might that happen in future? Would it be when law enforcement authorities are worried about, for example, the breaking of anti-money-laundering rules, which we have talked about? Or would it be families trying to get back goods that they think belong to them rather than to foreign galleries?

[Mel Stride]

My hon. Friend is, of course, very familiar with the issue of economic crime as he serves with me on the Treasury Committee and we are currently looking into these very matters in great detail. I believe there probably have been instances in which there has been a need within our country’s borders to seize objects and cultural artefacts. I cannot give my hon. Friend specific examples, but there will have been such seizures and the capacity for them will remain—for example, under proceeds of crime legislation if artefacts are used to conceal drugs or similar or for something associated with money laundering. Seizures could still occur under certain circumstances, but those circumstances are narrowly defined and will not be changed in any way by this legislation.

I hope that right hon. and hon. Members will agree that the Bill is an important and worthy measure that will give our museums and galleries, and those who lend to them, greater comfort in knowing that the protection afforded under the 2007 Act can be extended if travel plans are disrupted and it is not possible to return loaned objects within the current 12-month period.