Online Harms

Caroline Dinenage Excerpts

Wednesday 26th October 2022 Westminster Hall

[Dame Caroline Dinenage (Gosport) (Con)]

It is a pleasure to serve under your stewardship, Mr Dowd. I congratulate my right hon. Friend the Member for East Hampshire (Damian Hinds) on securing this vital and timely debate. Time is really of the essence if we are going to deliver the Online Safety Bill in this Session.

The scenario whereby the Bill falls is almost unthinkable. Thousands of man hours have been put in by the team at the Department for Digital, Culture, Media and Sport, by the Home Office team, and by the Joint Committee on the Draft Online Safety Bill, which the Minister chaired so brilliantly. There have been successive ministerial refinements by quite a few of the people in the Chamber, and numerous parliamentary debates over many years. Most importantly, the stakes in human terms just could not be higher.

As my right hon. Friend said, that was painfully underlined recently during the inquest into Molly Russell’s death. Her story is well documented. It is stories like Molly’s that remind us how dangerous the online world can be. While it is magnificent and life-changing in so many ways, the dark corners of the internet remain a serious concern for children and scores of other vulnerable people.

Of course, the priorities of the Bill must be to protect children, to tackle serious harm, to root out illegal content and to ensure that online platforms are doing what they say they are doing in enforcing their own terms and conditions. Contrary to the lazy accusations, largely by those who have not taken the time to read this hefty piece of legislation, the Bill does not set out to restrict free speech, to protect the feelings of adult users or to somehow legislate for people’s right not to be offended.

Following on from other Members, I will talk about the legal but harmful issue. There is no easy way to define “legal but harmful”, because it is so opaque. Even the name is clunky and unappetising, as my right hon. Friend the Member for East Hampshire said. My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) sometimes uses the phrase “lawful but awful”, which often seems more appropriate, but it does not necessarily work from a legislative point of view.

If Molly Russell’s tragic case teaches us anything, it is that dreadful, harmful online content cannot be defined simply by what is strictly legal or illegal, because algorithms do not differentiate between harmless and harmful content. They see a pattern and they exploit it. They are, quite simply, echo chambers. They take our fears and our paranoia, and surround us with unhealthy voices that simply reinforce them, however dangerous or hateful they are. Fundamentally, they breadcrumb users into more content, slowly, piece by piece, cultivating an interest. They take us down a path we might not otherwise have followed—one that is seemingly harmless at the start, but that eventually is anything but.

We have a moral duty to keep children safe on online platforms, but we also have a moral duty to keep other users safe. People of all ages need to be protected from extremely harmful online content, particularly around suicide, self-harm and eating disorders, where the line between what is legal and what is illegal is so opaque. There is an inherent legal complexity in defining what legal but harmful really means.

It feels like this part of the Bill has become a lightning rod for those who think it will result in an overly censorious approach. That is an entirely misleading misinterpretation of what it seeks to achieve. I feel that, perversely, not putting in place protections would be inherently more of a bar to freedom of speech, because users’ content can be taken down at the moment with random unpredictability and without any justification or redress. Others are afraid to speak up, fearing pile-on harassment and intimidation from anonymous accounts.

The fact is that this is a once-in-a-generation opportunity to make this legislation effective and meaningful.

Online Safety Bill

Caroline Dinenage Excerpts

Report stage
Tuesday 12th July 2022 Commons Chamber

[Dame Caroline Dinenage (Gosport) (Con)]

I congratulate my hon. Friend on taking his new position; we rarely have a new Minister so capable of hitting the ground running. He makes a crucial point about clearness and transparency for both users and the social media providers and other platforms, because it is important that we make sure they are 100% clear about what is expected of them and the penalties for not fulfilling their commitments. Does he agree that opaqueness—a veil of secrecy—has been one of the obstacles, and that a whole raft of content has been taken down for the wrong reasons while other content has been left to proliferate because of the lack of clarity?

[Damian Collins]

That is entirely right, and in closing I say that the Bill does what we have always asked for it to do: it gives absolute clarity that illegal things offline must be illegal online as well, and be regulated online. It establishes clear responsibilities and liabilities for the platforms to do that proactively. It enables a regulator to hold the platforms to account on their ability to tackle those priority illegal harms and provide transparency on other areas of harmful content. At present we simply do not know about the policy decisions that companies choose to make: we have no say in it; it is not transparent; we do not know whether they do it. The Bill will deliver in those important regards. If we are serious about tackling issues such as fraud and abuse online, and other criminal offences, we require a regulatory system to do that and proper legal accountability and liability for the companies. That is what the Bill and the further amendments deliver.

Online Safety Bill

Caroline Dinenage Excerpts

2nd reading
Tuesday 19th April 2022 Commons Chamber

[Dame Caroline Dinenage (Gosport) (Con)]

I congratulate the ministerial team and the army of fantastic officials who have brought this enormous and groundbreaking Bill to its current stage. It is one of the most important pieces of legislation that we will be dealing with. No country has attempted to regulate the internet so comprehensively as we have, and I welcome all the improvements that have been made to bring the Bill to this point. Those people have been extremely brave, and they have listened. There are widely competing interests at stake here, and the navigation of the Bill to a position where it has already achieved a degree of consensus is quite remarkable.

The pressure is on now, not least because we have all got into the habit of describing the Bill as the cavalry coming over the hill to solve all the ills of the online world. It is worth acknowledging from the outset that it will not be the silver bullet or the panacea for all the challenges that we face online. The point is, however, that it needs to be the best possible starting point, the groundworks to face down both the current threats and, more important, the likely challenges of the future. We all have a huge responsibility to work collaboratively, and not to let this process be derailed by side issues or clouded by party politics. Never has the phrase “not letting the perfect be the enemy of the good” been more appropriate. So much will be at risk if we do not seize the opportunity to make progress.

As the Secretary of State pointed out, the irony is that this vast and complex legislation is completely unnecessary. Search engines and social media platforms already have the ability to reduce the risks of the online world if they want to, and we have seen examples of that. However, while the bottom line remains their priority—while these precious algorithms remain so protected—the harms that are caused will never be tackled. With that in mind, I am more convinced than ever of the need for platforms to be held to account and for Ofcom to be given the powers to ensure that they are.

Inevitably, we will need to spend the next few weeks and months debating the various facets of this issue, but today I want to underline the bigger picture. It has always been an overarching theme that protecting children must be a top priority. One of the toughest meetings that I had as Digital Minister was with Ian Russell, whose 14-year-old daughter Molly took her own life after reading material promoting suicide and self-harm on Instagram. That is a conversation that brings a chill to the heart of any parent. Children are so often the victims of online harms. During lockdown, 47% of children said they had seen content that they wished they had not seen. Over a month-long period, the Internet Watch Foundation blocked at least 8.8 million attempts by UK internet users to access videos and images of children suffering sexual abuse.

There is so much at stake here, and we need to work together to ensure that the Bill is the very best that it can possibly be.

UK City of Culture: Southampton’s Bid

Caroline Dinenage Excerpts

Tuesday 19th April 2022 Commons Chamber

[Caroline Nokes]

I thank my constituency neighbour, and on this occasion hon. Friend, for making that important point and wonder whether he has predicted one of the next chunks of my contribution.

As I have said, we are all celebrating this bid. It is being celebrated by neighbouring authorities and by organisations, business and community groups alike, and an impressive list of ambassadors. It is being supported by the schools, colleges and universities across the region, by the National Oceanography Centre, by our collective museums, art galleries and theatres—which my right hon. Friend the Member for Basingstoke (Mrs Miller) referenced—by the stadiums, parks and sports centres and above all by the people.

Instinctively, when we think of Southampton we think of the Solent and the water, but our bid is not just about boat shows and regattas, brilliant though they are; it is also about the ripple effect of our culture, the tide of Solent water that rises not just once, but twice a day, and carries people with it. There is a tendency to think of people using that tide to leave the city. After all we have a park and a theatre named after the Mayflower, Southampton was where the Titanic set sail on her ill-fated maiden voyage, and it is the cruise capital of the UK, but that tide has, as my constituency neighbour the hon. Member for Southampton, Test (Dr Whitehead) said, also historically brought people to the city. As a result, it has a rich and varied culture, with over 150 languages spoken, with places of worship of every religion we can think of, and an annual peace walk that brings all faiths together. It is a city that celebrates and enjoys difference and diversity while also working hard to bring people together, and of course that is what being the city of culture is all about and can accentuate, widening the reach of that strong maritime history, and enabling the wider region to participate in the legacy this bid seeks to bring.

[Dame Caroline Dinenage (Gosport) (Con)]

Does my right hon. Friend agree that this mission of addressing need and creating opportunity is important for both Southampton and the wider region and the ripple effect she spoke about? My Gosport constituency has some pockets of real need and deprivation but also a jewel of heritage, particularly naval heritage, which is so important to celebrate. There is so much potential through this bid to benefit the wider area in both levelling up and also celebrating the things we treasure. That is why I agree that this is an important bid for us to win.

[Caroline Nokes]

I thank my hon. Friend for that comment. She is right. We do have a rich maritime history. The trading character of Southampton but also the Royal Navy heritage of Portsmouth and Gosport are key to this.

As I was saying, when it comes to faith, it is not just about the mosques, the gurdwaras, the Christian churches, the Friends meeting house, the synagogue and the Vedic temple; there are also the shrines to the sporting prowess that the region has in abundance. In this bid we celebrate many religions—that of sport, of music, of food. St Mary’s is a fabulous church, where the annual Titanic memorial service is held, but it is also where we worship idols like Ted Bates, Lawrie McMenemy and the current bid ambassador James Ward-Prowse. In 2019, another bid ambassador, Southampton’s own Craig David, played there—a concert, I hasten to add, not on the pitch. And we do music in the city, from youth orchestras to festivals, at concerts on the common, and in places like the Engine Rooms and the Joiners. And we most certainly do food. The bid chairman is Masterchef winner Shelina Permalloo, who runs her Mauritian street kitchen in Bedford place. My right hon. Friend the Chancellor had his first job at Kuti’s famous brasserie, and we have food from literally everywhere. I always say that food brings communities together, and whether it is the big iftar at the Medina mosque or the langar at the gurdwara in Peterborough road, you can point to examples across our city where we come together to celebrate and to eat.

There are other, different types of temple, across the region—those that celebrate sport like the Ageas bowl, which my hon. Friend the Member for Eastleigh (Paul Holmes) has already referenced, the home of Hampshire cricket, in neighbouring Eastleigh—and my thanks to that borough for supporting the bid. The village of Hambledon, known as the cradle of cricket, is in the Winchester City Council area, which is also backing this bid. Even in the Solent itself we play cricket. Who would have thought that it was a water sport, but the annual Bramble Bank cricket match happens in the Solent, in late August or early September, dependent upon the tides I have already referred to, literally half way between Southampton and Cowes—which brings me on to some of the more interesting partner relationships, because even Portsmouth is backing this bid. Those who understand the region know there is a challenging rivalry between the two cities, but there is wide recognition that what benefits one will also benefit the other, in terms of visitors, volunteering hours, participation and even levelling up.

Levelling up is not something that is geographically limited to the north. There are challenges in the south as well, as my hon. Friend the Member for Gosport (Dame Caroline Dinenage) said. Sometimes Southampton has been described as a northern city in the south, but of course we do have our own character. You only have to look at what city of culture has achieved for Liverpool and for Hull, bringing places together, bringing a focus for activities and an ongoing legacy. That is one of the crucial parts of the city of culture. I would like to pay tribute to the Southampton bid team, who have made legacy their focus, recognising the year of culture would be 2025, but securing ongoing commitments from businesses and organisations which stretch far beyond that. They have looked at the challenges we face, contemplated the difficulties that the pandemic has brought, and recognised that mental health, particularly for men, has been a big issue, and they have developed a programme of events to include everyone, regardless of age, gender, ability, ethnicity and faith. They have celebrated our rivers—the Itchen and the Test, which combine in the Solent. We have a rich maritime history, which you might expect to be an enormous theme.

But this is also a region which has much to celebrate in the sky. The Spitfire was designed and built here, in Woolston, but tested over the hills of King’s Somborne, much further north in my constituency, and it protected us during the second world war. The first ever website was developed by Tim Berners-Lee, a professor at Southampton University, and while one may not be able to see and hear the world wide web in the same way one could the Spitfire, it has come to dominate our lives, as the debate immediately prior to this one ably demonstrated. And this is a bid earthed in our land, with the open parks and the adjacent New Forest, and the South Downs national parks. It is also a bid for the future, celebrating technology and the changes that that brings. So I say to the Minister, and to all those assessing this bid, that we know that we have a great deal to offer, so let us make it so.

Draft Online Safety Bill Report

Caroline Dinenage Excerpts

Thursday 13th January 2022 Commons Chamber

[Dame Caroline Dinenage (Gosport) (Con)]

I echo the words of thanks to the Joint Committee and its Clerks, under the excellent chairmanship of my hon. Friend the Member for Folkestone and Hythe (Damian Collins), for this thorough and weighty report. It includes some of the big beasts in the world of online safety, and that is important, because this is one of the single most important pieces of legislation of our time. It is absolutely groundbreaking. It is vast; it is almost five Bills in one, and no country has attempted to regulate the internet so comprehensively.

The pressure is on, not least because we have got into this bad habit of describing this Bill as the calvary coming over the hill for the online world and all the ills it contains. Someone compared it with the motor car, and it has taken decades of legislation to address the safety issues of that evolving technology, so we will never do this in a oner, but this Bill needs to be the very best possible starting point—the foundations to face the current threats, but also the challenges of the future.

I lived with this Bill for 20 months; I can talk about it forever, but I will not. Let us start at the beginning with the algorithms. We have all seen them. We start watching cute videos—in my case, it is usually of babies falling asleep in their own food, but that is probably just me—and immediately we are swept into this rabbit hole of suggested content, and it is designed to keep us engaged as long as possible, because that is where the money is: to capture our attention and sell it to the highest bidder. Do not forget, if we are not paying for the product, it is most likely we are the product.

It gets more sinister than that, though, because that same algorithm that is sending me those cute babies is recommending self-harm to a vulnerable teenager or spreading wildly dangerous disinformation about the dangers of covid. Algorithms are echo chambers. They take our fears and paranoia and surround us with unhealthy voices that reinforce them, however dangerous and hateful.

According to the 2020 Netflix documentary “The Social Dilemma”, former employees of the largest social media companies who were integral to the early development of those algorithms say that addiction is built into the design. Many of them say that the platforms are so unhealthy, they would not let their own kids anywhere near them. As the report says, tackling these design risks at source is more effective than just trying to take down individual pieces of content. We saw that with the outbreak of covid, when 5G masts were burned to the ground because of some wild conspiracy theory that suggested they were the root cause of covid. 3G and 4G masts were also destroyed, because it turns out these people are not wildly bright and cannot tell the difference. We cannot censor this stuff, because that just fuels the sense of a conspiracy theory of state conspiring. We need to stop it before it is force-fed into people and ensure that there is balance. Platforms must tackle the design features that exacerbate the risk of harm, and the legislation should include a specific responsibility for them to do it and for the regulator to enforce it.

I want to talk quickly about a couple of the specifics. There cannot be a Member of the House who has not supported a constituent devastated by online fraud. It is growing exponentially, and there is almost universal agreement that the legislation should address it. That is why we changed things from the White Paper to the draft Bill, but I agree with the Committee that the measure should be strengthened, and it should also be extended to cover paid-for advertising.

Child protection has always been a cornerstone of the Bill. I have no doubt that social media platforms are where the volume is, in terms of both content and people, and in practice it is where very young children are most likely to stumble over really unpleasant content. However, it is not enough to include only user-generated content. The Bill’s credibility will be undermined overnight if the largest commercial pornography providers can keep hosting extreme content and putting children at risk. I would therefore like to see the Bill extended, in line with the age appropriate design code. That would be a really good way of dealing with that, as the report suggests.

On categorisation, no doubt big platforms and search engines are where the volume is, but the digital world changes at lightning pace and trends go viral overnight. Risk should not be judged on size—it must be judged on risk. Emerging platforms can be hotbeds of extremism and really unpleasant content, and they must be appropriately regulated.

A final quick note of caution about the report’s all-or-nothing tone. It makes great suggestions that would strengthen the Bill, but that has been years in the making. I did a tiny bit of it. It has involved many Ministers and a team of fantastic officials, many of whom have worked on it from the beginning. The Bill is like a huge, complicated tapestry: you pull one thread and others can unravel further down the line. The online world is so fast moving—it is evolving at a rate of knots. We have to think carefully about how we change the Bill. Otherwise, it will be obsolete before the ink is dry.

Cultural Objects (Protection from Seizure) Bill

Caroline Dinenage Excerpts

Wednesday 17th November 2021 Public Bill Committees

[Mel Stride]

No, they were—beauty is in the eye of the beholder, as it were.

I thank all Members for supporting and attending the Committee, particularly my hon. Friend the Member for Gosport. As the Minister at the time that the Bill was introduced, she was particularly helpful to me and encouraged me to bring these measures to the House.

The Bill is a short, two-clause Bill with a simple objective: to allow the relevant approving authorities to extend immunity from seizure beyond the current 12-month period allowed for in legislation in cases where museums are unable to return loaned objects from abroad because of unforeseen circumstances. The relevant approving authorities are the Secretary of State for Digital, Culture, Media and Sport in England, Ministers in Scotland and Wales, and the Department for Communities in Northern Ireland. The Bill will allow the relevant authority to extend the period of protection for up to three months. This power may be exercised on more than one occasion in relation to a particular object.

The Bill enjoyed strong cross-party support on Second Reading, and no amendments have been tabled. For the following reasons, I hope that the Committee will feel able to support the Bill’s passage to Report and Third Reading.

It may be helpful if I explain why the Bill is important for our museums and galleries, and for the institutions abroad that so generously lend their art treasures for the benefit of the UK public. The Bill seeks to amend 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 museums and galleries in the UK. Under section 134 of that Act, cultural objects on loan from abroad to exhibitions held in UK museums and galleries approved under the Act are protected from court-ordered seizure for a period of 12 months from the date the object enters the United Kingdom. That legislation was adopted in response to growing international concern that works of art were in danger of being seized while abroad by those who claimed that they were owed money by a foreign state or because of territorial disputes between countries.

Section 134 of the 2007 Act provides that an object will be protected against seizure throughout the UK if it meets the conditions under section 134(2) and it is brought here for temporary public display by a museum or gallery that is approved under section 136 of the Act by the Secretary of State for Digital, Culture, Media and Sport or the appropriate authority in the devolved Administrations. The Secretary of State for Digital, Culture, Media and Sport is responsible for approving institutions in England, and the devolved Administrations have similar powers in Scotland, Wales and Northern Ireland. To gain approval under the Act, institutions must demonstrate that their procedures for establishing the provenance and ownership of objects are of a high standard.

In 2007, it was considered that 12 months was an adequate period to allow objects to arrive in the UK and to be returned following their inclusion in a temporary exhibition. Section 134(4) of the 2007 Act therefore provides that the protection continues

“for not more than 12 months beginning with the day when the object enters the United Kingdom.”

The only exception to that, in which case the period can be extended, is where an object suffers damage and repair work is required.

There are now 38 institutions across the UK that have been approved for immunity from seizure, and where objects on loan from abroad have received protection. Exhibitions such as “Tutankhamun” at the Saatchi Gallery in 2019, which was visited by more than 580,000 people, would not have been possible without immunity from seizure being in place.

[Caroline Dinenage (Gosport) (Con)]

I pay tribute to my right hon. Friend for taking this Bill on. I know that there are huge pressures when a Member is selected to introduce a private Member’s Bill. This small change is remarkably important, and I thank him for taking it up. Does he agree that just this little change will make a huge difference in offering the reassurance and comfort that overseas lenders might need when we welcome some of their treasures to our shores? That is really important if we are serious about levelling up. We want to ensure that the British public can enjoy, appreciate and learn from treasures from around the world, and the Bill will provide that bit of extra comfort to those who are prepared to lend them.

[Mel Stride]

I thank my hon. Friend very much for that intervention. She is entirely right that what lies at the heart of the Bill is providing that comfort—that reassurance—to lenders to make sure that these wonderful artefacts, such as those in the “Tutankhamun” exhibition, come to our shores. If I may say so, I think it is particularly important that we bring this measure forward now, given that covid and lockdown have affected a lot of important museums and galleries. Anything we can do to encourage and improve things for them is particularly important at this time.

Applications for approval are still being considered as museums look to increase their capacity to host international exhibitions. For example, the Wallace Collection was approved for immunity from seizure in May this year, in advance of its Frans Hals exhibition, which features the artist’s widely recognised painting, the Laughing Cavalier. Since it entered the Wallace Collection in 1865, that iconic image has never been seen together with other works by the artist. Immunity from seizure has enabled many works by Frans Hals to come together for that exhibition and to be enjoyed alongside that wonderful work, with their owners knowing that their artworks will be protected from seizure.

As I set out on Second Reading, despite the careful planning of exhibition schedules, unforeseen delays do occur, including to transport. I gave the example of the Icelandic volcano that erupted in 2010. More recently, of course, the covid-19 pandemic closed museums and cancelled flights. That meant that even where exhibitions had concluded, it was not always possible to return loaned items within the 12-month limit.

The Bill will 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 authority in the devolved nations. The circumstances under which an extension may be considered will be set out in guidance to be developed in discussion with the devolved nations. The guidance will assist museums in applying for an extension, which would be for a further three months initially, with a possibility of a further extension if considered necessary. The measure is strongly supported by the museums sector and by Arts Council England, the Government’s development agency for museums.

This is a short and simple Bill. Clause 1, which deals with the protection of cultural objects on loan, amends section 134 in part 6 of the Tribunals, Courts and Enforcement Act 2007. New subsection (4A) provides that the relevant authority has the power to extend the existing maximum period of protection for a further period of three months. New subsection (4B) clarifies that the Secretary of State will have the power to extend the period of protection where the object is in the UK for the purpose of public display in England. Whichever relevant authority uses its power, the protection of the Bill will continue to apply UK-wide. New subsection (4C) clarifies that the power can be exercised more than once in relation to the same object. New subsection (4D) clarifies that an extension granted is in addition to the maximum protection period. Clause 2 sets out the territorial extent and commencement arrangements and provides the short title of the Bill.

I hope the Committee agrees that the Bill will provide our museums and galleries with a greater degree of certainty in planning international exhibitions, which are crucial and a major part of their income, and give the UK public the opportunity to enjoy cultural treasures from other countries. The Bill will also build the confidence of international lenders, who will understand that where difficulties arise, immunity from seizure can continue to be in place until the loans can be safely returned to them. I commend the Bill to the Committee.

Draft Introduction and the Import of Cultural Goods (Revocation) Regulations 2021

Caroline Dinenage Excerpts

Tuesday 14th September 2021 General Committees

[The Chair]

Before we begin, may I encourage Members to wear masks when they are not speaking, which is in line with current Government guidance and that of the House of Commons? Please also give other Members and staff space when seated and when entering and leaving the room. Members, please send your speaking notes by email to [e-mail]. Similarly, officials in the Gallery should communicate electronically with Ministers.

[The Minister for Digital and Culture (Caroline Dinenage)]

I beg to move,

That the Committee has considered the draft Introduction and the Import of Cultural Goods (Revocation) Regulations 2021.

It is a great pleasure to serve under your chairmanship, Mr Hosie.

This short but important statutory instrument will bring clarity and certainty for the United Kingdom’s museums and art market. It will remove from the statute book those provisions of EU regulation on the introduction and the import of cultural goods that became UK law as retained EU law at the end of the transition period, but which are now either redundant or legally deficient. It will not affect existing provisions in UK law to protect cultural goods or our ability to tackle the illicit trade in cultural goods.

To put the instrument in context, EU regulation 2019/880 on the introduction and the import of cultural goods aims to tackle the illicit trade in cultural goods and to prevent the proceeds of that trade from being used to fund terrorism. The regulation came into force on 28 June 2019, but not all of its provisions became applicable on that date. In particular, one provision, known as “general prohibition”, which prohibits entry into the EU customs territory for cultural goods that were unlawfully removed from the country in which they were created or discovered, did not begin to apply until 28 December 2020. Provisions that require importers of certain cultural goods to present an import licence or an importer statement to guarantee the legal provenance of the goods will only become applicable from 28 June 2025 at the latest.

At the end of the transition period on 31 December 2020, only those provisions of EU law that had already become applicable by that date became UK law as retained EU law, that is those provisions which became applicable when the EU regulation came into force together with the “general prohibition” provision.

The provisions requiring import licences and importer statements did not become UK law, and there is therefore no legal obligation for us to implement them. We have always made it clear that we would not implement them if there was no legal obligation to do so. Many of the provisions are redundant, however, because they create obligations in relation to the EU or relate to measures to prepare for the introduction of import licences and importer statements. The “general prohibition” provision has become legally deficient and cannot be enforced in UK law. It relates to the “introduction of cultural goods”, which is defined in the regulation as

“entry into the customs territory of the Union”

and Great Britain is no longer part of the EU customs union, so it cannot be applied to Great Britain. We have therefore decided to address that legal deficiency and at the same time remove the redundant provisions from the statute book by revoking the regulation.

Why revoke the general prohibition for the rest of the UK? Even if the provision were not legally deficient in the manner I have described, it would still raise issues of concern and create complexity and confusion for importers and for our customs and border authorities. That confusion would arise because the provision applies to almost all cultural goods created or discovered in non-EU countries, regardless of their age, value or date of export. It would be possible to address those issues, but we consider that that is not necessary because we already have sufficient legal powers to tackle the illicit trade in cultural goods and the import of cultural goods that have been unlawfully removed from another country. Those powers are set out in existing domestic law and in some cases also derive from our obligations under international law.

The effectiveness of our existing legislation has been demonstrated very clearly. Even this year, in July, we returned to Bulgaria more than 1,000 archaelogical finds that had been looted and unlawfully removed from the country. They were found and detained by Border Force at Dover, and the person who attempted to import the goods was given a two-year prison sentence. Earlier this year, we also returned to Libya a statue that had been unlawfully removed from the country. It was found and detained by HMRC at Heathrow. Those are just a couple of recent examples, but in the past few years, thanks to the diligent efforts of our police, customs and border authorities, we have been able to return a significant number of cultural objects to the countries from which they were unlawfully removed. The prosecution of all those cases was possible using our existing law, without the need for the general prohibition in the EU regulation. In view of that, we consider the general prohibition to be unnecessary.

The change we are making today will provide clarity and certainty for those importing cultural goods into Great Britain, and it will ensure that there is no confusion as to the rules and requirements. Primarily, it will not mean that we are any less able to prevent the import of unlawfully removed cultural goods. For that reason, I commend the instrument to the Committee.

--- Later in debate ---

[Caroline Dinenage]

I thank both Members for their contributions, in particular the Opposition Front-Bench spokesperson for her support.

As I said in my opening remarks, the Government believe that the statutory instrument will provide clarity and certainty for the UK’s museums and the art market. This has been a difficult 20 months for them, and this change is something that we can do for them. It will allow them and their partners and clients to bring cultural objects into Great Britain without any unnecessary fear that they will be delayed or detained at the border because of any unsupported claim of unlawful removal from another country at some point in the distant past.

Myriad domestic law and international conventions apply, and it is a complex matter and something that the Law Commission may be requested to study at some point. However, our existing legislation offered robust protection to cultural good before the general prohibition provision came into effect. I cited two examples from just this year to show how that law continues to be effective.

In response to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, revoking the regulation will not mean that we cannot prevent unlawfully removed cultural goods from being imported into the UK. We already have the powers in domestic legislation to bear down on such illicit trade and to take proportionate action where it is necessary, and there is evidence that cultural goods found at our borders or in our country have been unlawfully removed. We feel that the powers are effective and in recent years we have returned a number of cultural goods to countries from which they had been unlawfully removed. There is absolutely no reason why that practice will not continue. In cases where an object raises concern, we can detain it and deal with it accordingly under existing powers and procedures.

In response to the hon. Gentleman’s query about Northern Ireland, the EU regulation will continue to apply directly to Northern Ireland by virtue of having been added to annex 2 of the Ireland/Northern Ireland protocol. The general prohibition already applies to the imports of cultural goods into Northern Ireland, including from Great Britain. The requirement for import licences and importer statements will also apply in due course, but revocation of the EU regulation from UK law will not affect that.

I commend the statutory instrument to the Committee.

Question put and agreed to.

Contingent Liabilities: Live Events Reinsurance Scheme

Caroline Dinenage Excerpts

Monday 13th September 2021 Written Statements

[The Minister for Digital and Culture (Caroline Dinenage)]

I am tabling this statement for the benefit of all Members of this House to bring to their attention the Departmental Minute issued today that provides the House with notice of a contingent liability created by my Department. This is in relation to the live events reinsurance scheme.



The live events reinsurance scheme was announced by the Government on 5 August 2021 and will support live events across the country—such as live music shows, music festivals, sporting and business events—that are at risk of being halted or delayed due to an inability to obtain this insurance. Her Majesty’s Government are partnering with insurers to offer a cost indemnification insurance scheme which will make cover available against the cancellation, postponement, relocation or abandonment of events due to new UK civil authority restrictions in response to covid-19. Cover will be available to purchase alongside standard commercial events insurance for an additional premium. The duration of the cover will be from September 2021 to 30 September 2022.



Based on the risk share set out and the initial appetite put forward by insurers, the scheme will create £750 million of cover at any one time, although this could increase if there is market demand and insurer willingness to offer more cover. The scheme’s lifetime exposure is unlimited. To retain control over the fiscal risk, Government have retained the right to stop writing new cover at any time, built in a review point in the first half of 2022 and are requiring any individual insurer to seek explicit permission ahead of exceeding a net exposure of £400 million or more.



It is normal when reporting contingent liabilities to provide 14 working days’ notice before the liability is incurred. There is an exception in cases of special urgency. This is one such occasion. In order to ensure that event organisers have the confidence to plan ahead it is important that we launch this scheme in early September.



A copy of the Departmental Minute is being placed in the Libraries of both Houses.

[HCWS284]

Contingencies Fund Advance: Live Events Reinsurance Scheme

Caroline Dinenage Excerpts

Monday 13th September 2021 Written Statements

[The Minister for Digital and Culture (Caroline Dinenage)]

I am tabling this statement for the benefit of all Members of this House to give notice of a Contingencies Fund advance for the live events reinsurance scheme.



A requirement for a Contingencies Fund advance has arisen due to the need for the Government to partner with the insurance industry to deliver a live events reinsurance scheme.



The scheme will support live events across the country—such as live music shows, music festivals, sporting and business events—that are at risk of being halted or delayed due to an inability to obtain this insurance. Her Majesty’s Government are partnering with insurers to offer a cost indemnification insurance scheme which will make cover available against the cancellation, postponement, relocation or abandonment of events due to new UK civil authority restrictions in response to covid-19. Cover will be available to purchase alongside standard commercial events insurance for an additional premium. The duration of the cover will be from September 2021 to 30 September 2022, with a review in the first half of 2022.



Parliamentary approval for additional resources of £14,000,000 for this new expenditure will be sought in a supplementary estimate for the Department for Digital, Culture, Media and Sport. Pending that approval, urgent expenditure estimated at £14,000,000 will be met by repayable cash advances from the Contingencies Fund.



This scheme will support the UK’s economic recovery from the covid-19 crisis by giving events the confidence they need to plan for the future, whilst also ensuring that we deliver value for money for taxpayers.

[HCWS283]

Cultural Objects (Protection from Seizure) Bill

Caroline Dinenage Excerpts

2nd reading
Friday 10th September 2021 Commons Chamber

[The Minister for Digital and Culture (Caroline Dinenage)]

I thank my right hon. Friend the Member for Central Devon (Mel Stride) not only for introducing this important Bill, but, with his Blue Badge guide status, for guiding us through it so beautifully.

As we have heard, the protection afforded to cultural objects on loan to our UK museums and galleries from abroad is of huge significance to many international lenders. Understandably, the owners of such objects expect and require a degree of certainty that, when agreeing to lend their most precious national treasures, they will be safeguarded from seizure or forfeiture while they remain in the UK. We have heard from Members across the House why this is so important—this is the lifeblood of some of our great cultural institutions—and why it really matters.

Immunity from seizure has provided that certainty since the Tribunals, Courts and Enforcement Act was passed in 2007 and the first of our museums and galleries began to apply for and achieve approved immunity from seizure status. As a result, we have seen a great number of remarkable exhibitions featuring internationally owned objects that have benefited from immunity from seizure. Between 2015 and 2020, over 200 separate exhibitions in the UK benefited from this coverage, with hundreds of fascinating objects protected by the Act while on display for the public to enjoy and learn from.

The loan of objects allows museums across the UK and the world to stage exhibitions and displays that would not otherwise be possible and enables them to further contextualise their collections and attract more diverse audiences, as well as to contribute to the education, learning and wellbeing outcomes that museums are well known to provide. The Opposition spokesperson, the hon. Member for Wirral South (Alison McGovern), spoke about how we have seen an experiment this year regarding what happens when such places are closed to us and how it really does impact on our everyday lives. We really need those cultural institutions in our lives for our general wellbeing.

All this demonstrates the effectiveness and the value of the legislation so far, but the proposal put forward by my right hon. Friend the Member for Central Devon is a real opportunity to address a small but important gap. It will ensure that immunity from seizure legislation continues to remain fit for purpose during these uncertain and changeable times. I am happy to say that the proposed measure is therefore very much welcomed and supported by the Government.

While this amendment is small, it is sensible and forward thinking, and it responds to real concerns expressed within the sector about what would happen should circumstances prevent objects being returned to their country of origin within the standard timeframe. The hon. Member for Wirral South asked me how we have worked with the devolved nations on this, and of course they have been consulted on the proposals and have welcomed them, as she would expect. We will of course continue to work with them on implementation and guidance.

The measure will clearly have a positive impact, as my right hon. Friend the Member for Central Devon set out in his opening words. It will help to reduce the risk of international cultural property being left unprotected while in the temporary care and custody of UK institutions. International exhibitions are such an important source of income for the sector, and they will be ever more important as museums and galleries recover from the challenges we have seen over the last year. The provisions of this Bill will have a very positive impact on our sector. They will allow museums and galleries to continue to co-ordinate and plan important loans with international partners for tourist-drawing exhibitions, safe in the knowledge that contingency against unpredictable events is available.

This will also help museums and galleries maintain the really strong relationship they have with counterparts in other parts of the world. We have heard about some of the really impressive outcomes produced by the exciting exhibitions our UK museums and galleries have been able to hold as a result of loans of international cultural objects. My right hon. Friend mentioned that a single exhibition, the Saatchi Tutankhamun exhibition, reached more than half a million members of the public. That underlines how valuable the immunity from seizure protection is. It just simply would not have been possible without it.

Another one that my right hon. Friend and the hon. Member for Wirral South mentioned as having an amazing benefit from this protection was the terracotta warriors exhibition in National Museums Liverpool, which are quite brilliant, in 2018. Some 36% of visitors to this exhibition were from outside the area. It generated about 200,000 staying visits to Liverpool throughout the exhibition’s run and contributed over £78 million to the local economy. Is that not incredible? These are really impressive examples showing how immunity from seizure contributes so positively to our culture sector and provides fantastic opportunities for the UK public to experience these incredible pieces of history—these cultural works of art—from across the world. That is why it is so important that the Bill underpins all this as practically as possible for our museums and galleries, and it is clear that it will help to do so.

In conclusion, I thank my right hon. Friend for bringing this incredibly worthy Bill to the House and for setting out so articulately and clearly the benefits that it will bring. I confirm that the Government support the Bill.