Cultural Objects (Protection from Seizure) Bill

Nigel Huddleston Excerpts

Report stage
Friday 28th January 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Nigel Huddleston)]

Many thanks to my right hon. Friend the Member for Central Devon (Mel Stride) for introducing the Bill and for speaking so eloquently about it today. Indeed, I thank all those who have contributed to today’s debate.

The Bill will provide an important improvement to an already worthy tool, which is used by many of our fantastic cultural institutions across England and Scotland. The useful recap that my right hon. Friend provided, setting out the history of how immunity from seizure legislation was first arrived at in the UK, was very important. It emphasised the confidence that such measures have built, and the willingness and trust that our international partners now have when they lend their objects for temporary exhibitions in our approved museums and galleries.

Many international lenders require immunity from seizure protection when they loan cultural objects to other countries as a matter of course, and it is often an uncompromisable condition of their loan that the object is protected in that way during its stay. If that condition were not met, we would risk not having those very objects that we want to come here. The protection provides a legal assurance that a lender’s objects will be protected from court-ordered seizure for a limited period while in the UK. Many countries have their own similar version of immunity from seizure, for the same reasons, enabling us to lend abroad.

The process that sits behind immunity from seizure protection is necessarily robust. To use the protection, museums and galleries must go through a rigorous application process to attain approved status. That involves demonstrating that they are an ethical organisation, that they follow proper due diligence processes for examining the history of loans in, and that they will not borrow items if there is any suspicion that they were stolen, looted or illegally obtained. For the protection to apply to objects they are borrowing, approved institutions must also publish detailed information about such objects at least four weeks before the objects enter the UK. That diligent work is all part of the high standard of professional practice that our museums carry out as part of their loan procedures. It is fantastic that 38 museums and counting have achieved immunity from seizure approved status. That is a testament to their excellent track records and their continued commitment to upholding the highest standards of due diligence.

Many Members highlighted the very important fact that this is not a London issue. Many museums that provide the service are outside London, including Manchester Art Gallery, the National Museums of Scotland, Wolverhampton’s museums and museums in Liverpool, Norfolk and elsewhere around the country. Therefore, the important points made by my hon. Friends the Members for Hertford and Stortford (Julie Marson), for Vale of Clwyd (Dr Davies) and others about this not being a London issue are very well taken and noted. My hon. Friend the Member for East Surrey (Claire Coutinho) highlighted that fact by giving specific examples of where the protection has already meant we have had loans from incredible institutions around the world, with many more coming this year.

Many Members also mentioned, rather interestingly, the issue with the Icelandic volcano. I did note, however—maybe you can help, Mr Deputy Speaker—that none of us were actually brave enough to name the volcano.

[Chris Clarkson]

May I just check? Is the Minister referring to Eyjafjallajökull?

[Nigel Huddleston]

There’s always somebody, isn’t there, Mr Deputy Speaker? [Laughter.] I was just about to say that, but there is no point anymore.

Several Members, including my hon. Friends the Members for Stourbridge (Suzanne Webb) and for South Cambridgeshire (Anthony Browne) and others, mentioned their memories, decades later, of visiting the Tutankhamun exhibition or even just watching the news coverage of some incredible exhibitions. That shows the importance and embeddedness of these events and the impact they can have on us, in particular when very young.

The 12-month limit of protection was an issue raised specifically by approved museums and galleries during the more restricted periods we all faced during the pandemic. What would happen to loans approaching 12 months if coronavirus measures and global travel delays meant the borrower could not return them in time, despite all their efforts to comply with regulations and to satisfy the owner’s conditions of the loan? The issue is most relevant to our approved museums and galleries in England and Scotland, as the current users of immunity from seizure protection. As the world begins to feel a little more certain again, I am sure that the recent experiences have taught us to expect the unexpected. As we continue to support the sector’s recovery, it is important that we consider measures such as this. An option to extend the length of time that objects can be covered by immunity from seizure is a sensible contingency to have, especially in uncertain times.

The proposal for such extensions to be considered on a case-by-case basis where needs arise is welcomed, as it will allow for some flexibility. Assessing scenarios in that way will also help to ensure that the extensions are used only where absolutely necessary, and that in the majority of cases objects on loan to approved museums in England or Scotland are returned in a timely manner and within the standard 12 months.

Several Members, including my hon. Friend the Member for Loughborough (Jane Hunt), raised questions about guidance and when that would be implemented. Policy guidance for museums on how they should apply for extensions and in what circumstances is in development at an official level and will be a collaborative effort with officials in the Scottish Government to ensure they provide succinct practical steps for approved museums to follow in the event that they cannot return objects in time. It will set out broad examples of acceptable circumstances where an extension protection may be justified, for example where long-term national or international travel disruption is expected to last beyond the expiration of the 12-month loan period.

As I have said, it is regrettable that the Bill will not have effect in Northern Ireland and Wales. There are currently no museums in Wales and Northern Ireland approved under the 2007 Act, but the Bill does not change their ability to apply for approved status in the future, and of course any objects loaned by approved museums in Northern Ireland and Wales will be covered by the standard 12-month period available to all approved museums.

The Government are content that the drafting of the Bill offers the best protection to cultural objects. I am pleased, therefore, to confirm once again that the Government welcome and support this private Member’s Bill, and I thank my right hon. Friend the Member for Central Devon for introducing it.