Cultural Property (Armed Conflicts) Bill [ Lords ] (Second sitting)

Tracey Crouch Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 15th November 2016 Public Bill Committees

The Council for British Archaeology has already recommended to the Committee that the Bill’s drafting is adequate, as has the UK National Committee of the Blue Shield. I say that to show that there is a balance of opinion. One way of properly dealing with the suggestion that the amendments will not be pressed is by recognising that this issue is important. I recognise and value the pre-eminence of the market here, not least in London. We need to ensure that there is proper confidence, assurance and guidance, and appropriate clarity and transparency, to ensure that any chill factor or fear of a knock on the door, seizure of any artefacts and so on, will not be there. We need real clarity, so that there will not be the cost of having to get expensive lawyers on the case—I know about those. Perhaps the Minister can give some assurance on that, and recognise that there is a balance of opinion that wants to move forward and keep the drafting as it is, given that we do not have that blank canvas in place.

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Tracey Crouch)]

As always, it is a pleasure to serve under your chairmanship, Mr Turner. Welcome to the afternoon session. As the hon. Member for Cardiff West pointed out, the morning’s session was full of consensus and we moved quite swiftly through the Bill. It is a pleasure to continue this morning’s work.

Before I get into the detail of clause 17, allow me—for the second time—to answer directly the hon. Gentleman’s question, this time on consultation, which he raised about the Secretary of State and I holding further meetings. I can confirm that the Secretary of State and I have both had further meetings with stakeholders, as have officials. I am grateful for the time that others have afforded us to have further discussion on this clause.

[Kevin Brennan]

The Minister also said on Second Reading—it is in column 700 of Hansard—that she would meet concerned parliamentarians. Was she able to do so, as part of that process?

[Tracey Crouch]

I am pleased to confirm that I have had meetings with concerned parliamentarians since Second Reading, and I am sure that I will continue to do so before Report, if necessary.

The debate this afternoon has been interesting. I am grateful to colleagues for raising these issues, because it allows me as Minister to try to reassure them and other stakeholders who are concerned about clause 17.

Clause 17 creates the offence of dealing in cultural property that has been unlawfully exported from occupied territory. An offence is committed if a person deals in unlawfully exported cultural property when they do so knowing or having reason to suspect that it has been unlawfully exported. The amendments tabled to clause 17 seek to modify or remove the “reason to suspect” element. It is therefore important to explain our approach to the mental element of the dealing offence.

First, we did not develop this approach in a vacuum. The wording was developed following discussions with the police, who felt that this threshold was appropriate. Crucially, I understand that the national policing lead for cultural heritage crime remains content with our approach. Secondly, the mental element of the offence created by clause 17 is comparable to similar offences concerning cultural property implemented by the Iraq and Syria sanctions orders, which use “reason to suppose” and “reasonable grounds to suspect”. The offences created by those sanctions orders are the most appropriate comparators, as they deal with cultural objects which have come from situations of conflict. Thirdly, we know that the Bill sets a lower threshold for criminal intention—or mens rea—than other existing legislation, including the Dealing in Cultural Objects (Offences) Act 2003. However, the Government consider this to be appropriate, given that it is designed to protect a very special and limited class of cultural property that is of great importance to all people, as defined by article 1 of the convention.

As part of my discussions with concerned stakeholders in the House, I have taken representation from those with close connections to the art market. When they have been discussing issues around the difference between the mens rea in the 2003 Act and in this Bill, there was a suggestion that perhaps we should review the 2003 Act when the opportunity arises. If there is continued concern about the differences between the mens rea in this Bill and that in the 2003 Act, we will certainly look to increase the mens rea in the 2003 Act, rather than watering down the mens rea in the Bill.

To be clear, we arrived at our approach for three main reasons: first, following consultation with the police; secondly, due to the close analogy with the Syria and Iraq sanctions; and thirdly, because we are looking to protect such a small and special class of objects. We are pleased to note from the written evidence the support we have for that approach, including positive statements from academics, the British Museum and the Council for British Archaeology. I draw Members’ attention to the views set out in the British Museum’s written contribution:

“We feel it is particularly important that there is no watering down of responsibilities or requirements in the Bill. Specifically we feel that in regard to the Clause 17...it is imperative that the wording should remain ‘knowing or having reason to suspect that it has been unlawfully exported’”.

I find the museum’s views particularly compelling as its officials regularly offer their expert advice to the art market as part of the due diligence process.

My hon. Friend the Member for Enfield, Southgate stole my quotation from the British Red Cross, but it is worth repeating that it said that

“it appears that, in practice, the clause should place no greater burden on dealers than already exists to conduct appropriate due diligence. In other words, the threshold of ‘reason to suspect’ is not so low as to have an adverse impact on the legitimate market, while at the same time acting as a necessary and suitable deterrent for those who may be less scrupulous.”

I want to move on to consider the impact of our approach and explain how it will work in the real world. Reason to suspect is primarily an objective test, in that the prosecution need not show that the defendant personally suspected that cultural property was unlawfully exported—only that a reasonable person would have suspected that it was. However, the prosecution must be able to point to something that would or should have caused a reasonable person to suspect. It therefore has to be shown that the defendant was personally in possession of the knowledge that would cause a reasonable person to suspect.

A dealer who took possession of an object merely for the purpose of carrying out due diligence would not be committing an offence, as that would not be classed as dealing. They would commit an offence only if, having been through the due diligence process, they went on to deal with the object after discovering or having had reason to suspect that it was unlawfully exported. The Bill will not require art dealers to change how they operate. The art market is a self-regulated industry and the trade associations already have clear due diligence guidance and checklists in place, which they expect dealers to follow before putting an object forward for sale.

My hon. Friend the Member for Kensington and others raised concerns in the consultation in the run-up to the Bill that a phone call received or accusations published in a blog post shortly ahead of a sale could stop it from proceeding. However, those are already issues for the market, and they will not be solved by watering down our Bill. If new, convincing evidence is presented about the provenance of an object shortly before an auction, we would already expect dealers to pause and consider whether they need to undertake further due diligence. If, however, the claim is a completely false accusation with no evidence to back it up, it may be perfectly legitimate for a dealer to ignore it. Such accusations are unlikely to be considered a reason to suspect that an object has been unlawfully exported. We have listened to the concerns of the art market, but it has not provided any compelling evidence to support the idea that the Bill would create insurmountable problems for the market, or increase the amount of due diligence that it needs to undertake.

The hon. Member for Cardiff West has suggested removing “reason to suspect” altogether, which would mean that an offence would be committed only if it could be proved beyond reasonable doubt that a defendant knew that they were dealing in unlawfully exported cultural objects. That sets the bar far higher than for either handling stolen goods under the Theft Act 1968 or dealing in tainted cultural objects under the 2003 Act. I am concerned that requiring proof of actual knowledge on the part of the dealer, as opposed to reason to suspect, could actually discourage less scrupulous dealers from carrying out due diligence, and enable them to turn a blind eye to things that would cause a legitimate dealer to ask more questions.

I appreciate that the Opposition’s amendment is probing, but I was a little surprised by it, given that on Second Reading the hon. Member for Sheffield, Heeley (Louise Haigh) criticised the threshold of the 2003 Act for being too high and seemed content with the level of mens rea proposed in the Bill. She hoped that on that point

“the Minister will stick to her guns”——[Official Report, 31 October 2016; Vol. 616, c. 736.]

The amendment would make it much harder to prosecute dealers who deal unlawfully in cultural property. That seems to me to be an extraordinary change in position; but fortunately the amendment is merely probing.

My hon. Friend the Member for Kensington has proposed amending “reason to suspect” to “believing”. Her amendment would raise the threshold for criminal liability so that proof was required of the dealer’s belief that the object was unlawfully exported. That would be seen in a number of quarters as a watering down of the Bill. The offence created by clause 17 will not have an adverse impact on legitimate dealers who have continued to operate since the Iraq and Syria sanctions came into force, but it will cause unscrupulous ones to think twice. Dealers should always be concerned to establish that any cultural object that they are asked to deal with has good and lawful provenance. The argument that this new offence will stifle the art market seems to imply that dealers are happy to risk dealing in unlawfully exported objects as long as they cannot be prosecuted. Dealers should not be taking such risks in any event; where there are question marks over provenance, they should simply not deal in those cultural objects. I would like to stress once more that the Bill should not require changes to the due diligence processes that the art market already follows.

I refer to the wise counsel of my hon. Friend the Member for Huntingdon and his experience of the issue with regard to the Bribery Act 2010. I confirm that the Government are committed to updating the guidance available to all stakeholders in this Bill. We stand ready to work co-operatively with the art market to ensure that all dealers understand their roles and responsibilities. That could if necessary include consultation before the guidance is issued, if that is helpful. I hope that reassures hon. Members and that the hon. Member for Cardiff West feels able to withdraw the amendment.

[Kevin Brennan]

I thank the Minister for her response. I confirm that amendment 7 is a probing amendment. She quite rightly picked up on the summing up that my hon. Friend the Member for Sheffield, Heeley made on Second Reading. This is an important issue and the debate has been useful, and a probing amendment is a useful vehicle for a debate. The Minister just mentioned the hon. Member for Huntingdon, and it is useful to have on the record her commitment on the guidance.

Several extended metaphors have been used during our debate. The hon. Member for Kensington talked about gold-plating. I do not think anything that is gold-plated is covered in the Bill; it might not be of sufficient cultural importance. [Interruption.] I have at last provoked a reaction from my hon. Friend the Member for Rhondda, who insisted that he would take no part in today’s proceedings. He did comment from a sedentary position that it was a rather extended metaphor about the blank canvas. Of course, we want to make sure that nobody gets framed.

One of the many interesting things that the Minister said was that the Government are considering increasing, or strengthening, or decreasing the mens rea, whichever way round it is. I do not know the correct phrase; I am not a lawyer.

[Tracey Crouch]

I said that we would be happy to consider doing that, if the art market and stakeholders were interested in making sure that the Bill and the 2003 Act were more aligned.

[Kevin Brennan]

I will not get into a discussion on the difference between being happy to consider something and considering something, much though I would enjoy that. I will rephrase: the Minister confirmed that she would be happy to consider changing the threshold in relation to the 2003 Act.

The Government’s position is quite interesting. There has been only one successful prosecution and conviction under the 2003 Act, in May this year; somebody was convicted after having gone around historical churches across the country and stolen Bibles, statues, friezes and even two 15th century oak panels in Devon. They pleaded guilty to 37 offences of theft under the 2003 Act and received a three-year sentence. However, the Government were keen to say on Second Reading—this is how I understand their position—that that in no way reflects the Act having too high a threshold for prosecution, and that it might in fact be a result of the Act acting as a deterrent. I do not believe that. I think that if people are being prosecuted, it is under the Theft Act 1968 or other Acts relating to these sorts of offences.

--- Later in debate ---

[Victoria Borwick]

Although I accept that, it is also an important briefing point today as to why the art and antiquities associations feel so strongly about this. The Government’s opinion is that such a level of interference could not be justified as necessary for the aim of protecting cultural objects. I maintain that the same considerations would apply to the proposals contained in the new clause, and I therefore ask my colleagues to reject it.

[Tracey Crouch]

I actually agree that it is important that dealers in cultural property provide appropriate information on the provenance of the items they sell, but I am unable to support new clause 3, for the following reasons. First, it would introduce a statutory requirement for the art market to provide information about provenance for the first time. As I have said before, I believe that it is appropriate to allow the art and antiquities trade to regulate itself. The established trade associations possess codes of ethics that they expect their members to abide by, and we expect them to enforce those codes strictly.

Furthermore, we believe that the existing legal framework, along with the new offence we are creating, provides a sufficient incentive for legitimate dealers to ensure that they do their due diligence and pass on relevant information concerning an object’s provenance. The Government are not in the business of imposing disproportionate regulatory burdens on well functioning markets. Indeed, we have a manifesto commitment to cut red tape further. We believe that the current self-regulatory approach to the art market works well and that there is no need to add an additional statutory burden.

Secondly, new clause 3 appears to be an attempt—I am not sure whether this was the Opposition’s intention—to shift responsibility for making decisions about whether a cultural object has lawful provenance to the buyer. It seems strange to put the focus on the buyer in this way. It could result in buyers being far more cautious about purchases, which would genuinely risk slowing down the art market. Our expectation is that dealers should carry out due diligence, seeking advice as appropriate and taking a view on an object’s provenance before offering it for sale. If there is a question mark over provenance, it simply should not be for sale.

Thirdly, we cannot understand the Opposition’s motivation in tabling both new clause 3 and amendment 7, which I appreciate has now been withdrawn. Raising the threshold of the mens rea to such a high level and putting the onus on buyers to make decisions about whether or not an object has lawful provenance would significantly water down clause 17, while at the same time putting additional burdens on both buyer and seller. I must therefore strongly resist new clause 3.

--- Later in debate ---

[Kevin Brennan]

We now come to part 5, which is on property removed for safekeeping. It would be helpful if the Minister outlined the Government’s approach.

[Tracey Crouch]

Clause 28 provides immunity from seizure and forfeiture for cultural property that is protected under article 12 of the convention—that is, property being transported to the United Kingdom for safekeeping, or en route through the UK to another destination for that purpose. The protection rightly extends to any vehicle in which such cultural property is being transported. Immunity from seizure and forfeiture is also provided for cultural property for which the UK has agreed to act as a depository under article 18 of the regulations. In that case, the property is protected while it is in the control of the Secretary of State or any other person or institution to whom the Secretary of State has entrusted it for safekeeping. However, if the property leaves the custody of that person or institution—for example, because it is stolen—it is no longer protected and may be seized by the police in order to return it.

The clause provides wide immunity from seizure and forfeiture for the cultural property to which it applies. The clause fulfils an important role in implementing our obligations under the convention and its regulations: it ensures that property entrusted to the UK for protection during a war is guaranteed to be returned. Although existing legislation already provides protection for some cultural property, most notably for state-owned property, it is not sufficiently comprehensive to meet our obligations.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clauses 29 to 33 ordered to stand part of the Bill.

Schedules 1 to 4 agreed to.

New Clause 1

Enforcement: costs

‘(1) The Secretary of State shall lay before Parliament each year a report setting out the costs incurred by the following bodies in fulfilling the requirements of this Act—

(a) the cultural property protection unit within the Ministry of Defence,

(b) Border Force,

(c) the Arts and Antiquities Unit of the Metropolitan Police,

(d) UK police authorities, and

(e) any other publicly funded body carrying out functions for the purposes of cultural protection under this Act.

(2) The first report under subsection (1) shall be laid within 12 months of this Act being passed.

(3) Reports laid under this section shall include an account of how bodies specified under subsection (1) communicate and cooperate with each other in protecting cultural property in compliance with this Act.’.—(Kevin Brennan.)

Brought up, and read the First time.

[Kevin Brennan]

I beg to move, That the clause be read a Second time.

[Kevin Brennan]

New clauses 1, 4 and 5 stand in my name and that of my hon. Friend the Member for Tooting. New clause 1 is designed to facilitate discussion on how much the cultural protection outlined in the Bill will cost the publicly funded bodies involved in its implementation, how the Government propose those costs should be met and how those bodies will be joined up in that effort. For the sake of clarity, I will go through each of the bodies specified in the new clause in turn.

Will the Minister indicate how much funding the cultural property unit within the Ministry of Defence will receive, what its size and resourcing will be and how each of those factors are projected to look in future? I am aware that the Ministry of Defence, like all Government Departments, is operating on a tight budget. I am also interested in the funding that will be available for training. We understand that the MOD will be looking for members of the armed forces who are knowledgeable about archaeology and other historical subjects, as was discussed on Second Reading. I pointed out then—I was backed up by the hon. Member for East Worthing and Shoreham (Tim Loughton)—that, with regard to joined-up Government, talking about having more members of our armed forces who are experts in those fields while simultaneously cutting so-called soft subjects in our schools, such as archaeology, art history and classical civilisation at A-level, seems to me to send out an extremely mixed message.

Nevertheless, will the Minister indicate what funding will be made available to try to compensate for the knowledge gap that will create in future, and to ensure that membership of the so-called monuments squad—I will call them that rather than monuments men—will not be limited to those fortunate enough to have been offered those now-rare subjects in school or as an enrichment to their school activities? The impact assessment seems to suggest zero cost to the Ministry of Defence. We are always interested to know how something can be delivered at zero cost, so perhaps the Minister could clarify that.

[Tracey Crouch]

Tory Government.

[Kevin Brennan]

The Minister says “Tory Government” from a sedentary position. I hope that she is not saying that they are not paying the people in the monuments squad for their work. We in the Opposition certainly believe in the rate for the job when somebody is working. I am sure that she will clarify that in her response.

The second body mentioned in our new clause is the Border Force, which we all know has been subject to large budget cuts—more than £300 million in the run-up to 2015 by the coalition Government—and simultaneously came under the increasing pressure of public expectation in relation to preventing illegal immigration. As we see with every public service, expectations are high, but it is difficult for those expectations always to be met if funding is continuously cut. That said, I understand from the Government’s assurances in the Lords that any new costs incurred by the Border Force in enforcing the Bill will not be significant, and that its new responsibilities will not differ greatly from its current day-to-day business.

The Government have stated that the Border Force already carries out the functions required by the Bill in relation to the 2003 Iraq and Syria sanctions. Will the Minister assure us that that is indeed the case? Furthermore, while the work derived from the Bill may not differ significantly from the current everyday business, is there likely to be an increase in workload in relation to the Bill? If so, what provisions are the Government making?

It has been stated that, in regard to a code of practice, resources on cultural goods are available on the Border Force intranet site, and I understand that the Border Force will be expected to seize goods when instructed to do so, rather than be expected to discover the goods’ illegally-exported status itself. As I mentioned, many duties under the Bill are already performed by the Border Force. Does the Minister think that the passage of the Bill will require further robust training in the handling of cultural goods?

Baroness Neville-Rolfe stated:

“Enforcement practices relating to combating smuggling are often the same regardless of the type of goods.”—[Official Report, House of Lords, 28 June 2016; Vol. 773, c. 1529.]

While that may be true, there are also unique sensitivities when dealing with often antiquated and fragile items of cultural property, which, as all parties have agreed, are of immeasurable value. This question is particularly relevant in the light of comments made by the former director of the unit within the Metropolitan police, Dick Ellis, who said:

“These pieces are moving through customs, they’re moving through our ports all the time. And yet not a single item is seized in this country… these sorts of objects when they’re looted in Syria, when they’re looted in Iraq, are helping to fund terrorism, why on earth aren’t we doing more to stop them coming on to the market?”

That is not just a question for the Border Force, because, as the new clause specifies, institutions need to communicate and co-operate with each other to protect cultural property. The Government have clarified the fact that the Border Force would not be expected to identify illegal goods, so the matter of how those separate institutions, with their separate but related functions, will be joined up is therefore crucial.

Does the Minister feel that a dedicated unit within the Border Force, with a close communication link to the equivalent unit within the Metropolitan police, is necessary properly to enforce the Bill and, crucially, to provide a robust and credible deterrent with respect to those who would attempt to bring illegally exported cultural property into the UK?

I turn now to the arts and antiquities unit of the Metropolitan police, which is composed—

--- Later in debate ---

Going back to France and our competitive nature, it is worth noting that France has announced that the Louvre is being put forward as a shelter for world treasures recovered from war zones—the shadow Minister spoke about where those homes could be. There has been talk, not least within the all-party parliamentary group for the protection of cultural heritage, about whether London, given its pre-eminence in this regard, could also be a good place to provide a respectful and appropriate home for lost treasures. It will be interesting to see how the Government could support that mechanism. There may be a digital way of doing it, too. We could work with organisations such as the Wellcome Trust, which is looking at providing such an approach.

[Tracey Crouch]

Before I turn to the specific aspects of the new clauses, it might be helpful if I addressed a number of wider issues raised by the hon. Member for Cardiff West. He asked a specific question about the Ministry of Defence; I am sure that he and members of the Committee will respect that the matter is obviously one for the Ministry of Defence, but I will do my best to answer as much as I possibly can on the specifics of the unit to which he referred.

The joint military cultural property protection working group was established in early 2014 to develop the concept of a unit of cultural property protection specialists, in accordance with our obligations under article 7.2 of the convention. The MOD is currently tasking Army command with looking at plans for the creation of the cultural protection unit. Some preliminary work has already been completed, and it is expected that the unit will be able to form up 12 to 18 months after formal approval.

The convention for the protection of cultural property places a number of commitments on the MOD, most of which we already comply with. Article 7.2, however, obliges states to plan or establish specialist cultural property units to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it. There is flexibility on the size and composition of such units, and other nations’ solutions vary from six to 360 people.

The MOD has tasked the Army with examining the best means of providing this capability, and the Army’s initial thoughts suggest a relatively small unit, at least in peacetime, of 10 to 20 personnel from across all three services. They will be predominantly or even exclusively reservists, with command at lieutenant-colonel level, although expertise will be more important than rank. Although planning is at an early stage, the Army is expected to respond to the Ministry of Defence in the next few months on how such a unit could be established. My hon. Friend the Member for Enfield, Southgate, recently asked the Secretary of State for Defence at Question Time to update the House on that matter, and I am sure that interested Members will continue to press the Ministry of Defence.

The three new clauses proposed by the hon. Member for Cardiff West deal with important matters in which I know members of the Committee have a keen interest. Alas, I cannot support their inclusion in the Bill. New clause 1 deals with the cost of implementing and enforcing the provisions in the Bill. We have already clearly set out our forecast of the costs in the impact assessment. Where there are ongoing costs, for example for the Border Force, the police and the armed forces, it is likely to be extremely difficult to disaggregate the costs associated specifically with the Bill from those incurred in other related cultural protection work.

For law enforcement agencies, it would be extremely difficult—if not impossible—to separate the cost of enforcement related to cultural property from ordinary enforcement costs. Even if it is possible to do so, the costs involved are likely to be disproportionate to the costs that the new clause requires us to identify and report. It is for the Border Force, the Metropolitan police and other police authorities to decide how best to allocate and use their resources, in the light of the priorities and the legislation that they are required to implement and enforce.

[Kevin Brennan]

When the Minister referred to the impact assessment, I took a glance at it and noted that, under the section outlining the Metropolitan police arts and antiquities unit—

--- Later in debate ---

[Kevin Brennan]

The hon. Lady cannot intervene on me because I am intervening on the Minister. The number of personnel to be trained from that unit is four. We heard earlier that there were only three people in that unit, so I hope that is a helpful sign that the Government anticipate that the unit will expand.

[Tracey Crouch]

May I put an audible “tut” on the record at our mistake in the impact assessment? I know that people have concerns about the size of the Metropolitan police art and antiques unit, but the nature of its work—for example, it works collaboratively, including with international partners—means that its size is not a real reflection of its impact. A significant proportion of its work is from international law enforcement agency requests for assistance. I hope that responds in part to the hon. Gentleman’s question about the size of the unit.

With regard to the Border Force and the expertise required in identifying cultural property unlawfully exported from occupied territories, we do not foresee the Border Force playing a major role in discovering such objects unless specific intelligence has been received that objects from an occupied territory may be coming into the country. We think that it will be a rare event for a Border Force officer to be faced with something that they can clearly identify as having been illegally exported.

[Kevin Brennan]

I have a point relating to prosecution that the Committee will be interested in: I understand from the impact assessment that it is envisaged that there will be only one prosecution every 30 years under the Bill. Will the Minister confirm that my interpretation is correct?

[Tracey Crouch]

I am sure that if it says that in the impact assessment, that is indeed the correct interpretation, but I am happy to provide further information on that on Report if that helps.

I will go back to the points on policing that the hon. Gentleman raised with regard to new clause 1. He will, of course, be aware that we have created elected police and crime commissioners to give strategic direction and to hold police forces to account for operational policing decisions, including how resources are directed between different units and functions. In London, the Mayor of London has that responsibility. We do not think it is necessary or desirable for the Government to cut across that democratic approach to accountability in policing by requiring the Secretary of State to take a specific interest in the funding of individual police units or functions. Moreover, it does not seem to me to be particularly helpful to isolate the implementation and enforcement of the Bill from the excellent wider work being done by so many bodies to protect cultural property.

That also applies to the provision in subsection (3) of the new clause, relating to communication and co-operation between public bodies. As with the costs, I do not think it is helpful to treat that separately from the regular contacts between public bodies on wider cultural protection work. Public bodies are required to report on their work costs and spending, and hon. Members are always extremely assiduous in holding them to account for their use of public money and the way in which they implement and enforce legislation. I am sure that the Bill will be no exception. A separate statutory obligation on the Government to report to Parliament on the costs associated with the Bill therefore seem unnecessary, which is why we oppose new clause 1.

New clause 4 deals with matters of an administrative nature that are not specifically covered by the Bill. We are already considering the administrative measures that will be needed to implement the convention and its protocols once the Bill is passed into law. We will reflect on issues raised during the passage of the Bill as part of that process. The hon. Gentleman mentioned specific items. We do not think it is appropriate to confirm whether a specific cultural object will be afforded protection.

We want to ensure that the views of stakeholders are heard. Next month we are holding a round table discussion with key stakeholders to discuss the categories of cultural property that will be afforded general protection under the convention, and what additional safeguarding measures might be required. The hon. Gentleman might be interested to know that our provisional thinking is that general protection status would extend to buildings, historical gardens or parks of grade I or category A status; cultural world heritage sites; and nationally important collections in museums, galleries and universities, as well as in the national record offices and our five legal deposit libraries. However, we are still determining our categories, and discussions with key stakeholders are ongoing.

[Victoria Borwick]

Will the Minister consider inviting members of the trade and those who deal in cultural objects to participate in the consultation, to ensure that we have effective legislation?

[Tracey Crouch]

I will certainly take that away, discuss it with officials and report back to my hon. Friend.

In practice, a range of safeguarding measures will already be in place for most cultural property under general protection in the UK. Existing listing, designation and accreditation schemes generally require certain measures to be in place to protect cultural property from, for example, fire, flood and other emergencies and natural disasters. Article 5 of the second protocol expands on the meaning of “safeguarding cultural property” by giving some examples of the kind of preparatory measures that should be taken in peacetime. Those include the preparation of inventories, the planning of emergency measures for protection against fire or structural collapse, the preparation for the removal of movable cultural property or the provision for adequate in situ protection of such property, and the designation of competent authorities responsible for the safeguarding of cultural property. The first three measures all represent common-sense precautions and are likely to be covered by existing contingency planning for an emergency or natural disaster.

Once we have decided which cultural property will receive general protection, we will be in a position to decide which are the most appropriate competent authorities for safeguarding that cultural property in the event of armed conflict. Our current thinking is that the most appropriate body to undertake the peacetime safeguarding measures is the existing owner, guardian or trustees of a cultural property.

It is also important to note that article 26 of the convention requires state parties to report at least every four years to the director general of UNESCO on their implementation of the convention. In practice, UNESCO asks state parties to provide information on the measures they have undertaken in relation to relevant peacetime safeguarding provisions as part of the periodic reporting, and those reports are published on the UNESCO website. The UK Government will therefore already be reporting on the safeguarding of cultural property as a matter of good practice, in line with the reporting obligation in article 26. A separate statutory obligation to report to Parliament on matters that are administrative and not part of the Bill appears to be unnecessary.

On new clause 5, I know that many hon. Members are interested in the cultural protection fund and wish to be kept informed about it. However, the cultural protection fund is not part of the Bill, and the new clause therefore introduces a new subject that is beyond the scope of the Bill. It is also unnecessary. The British Council, which is responsible for administering the cultural protection fund, will publish an annual report on the work of the fund. That report will be publicly available. If the fund supports projects with direct relevance to the Bill and to the convention and its protocols, we will work with the British Council to ensure that the annual report includes appropriate mention of them. Our priority is to work with the British Council on the first round of bids, but we cannot make future funding commitments at this stage. I hope the hon. Member for Cardiff West is reassured that information about the cultural protection fund will be made available.

With regard to a point made by my hon. Friend the Member for Enfield, Southgate, parties to the second protocol are not obliged to contribute to the fund for the protection of cultural property in the event of armed conflict, but once the UK has ratified the convention and its protocols, we will begin to consider our role as an active state party. It would not be appropriate—certainly not on the face of the Bill—for the Government to commit to any funding prior to becoming a party to the convention or its protocols. However, I assure him, not just as a consequence of my own competitiveness but because it is morally right to do so, that we will continue to play, or wish to continue to play, a leading role in the the world on this issue. Those are the reasons why I oppose new clauses 1, 3 and 5, but I hope the hon. Member for Cardiff West is reassured by my comments.

--- Later in debate ---

[Kevin Brennan]

It was. The hon. Gentleman asked:

“are the Government supportive of looking at future conventions to try to make sure that Daesh comes within the provisions, although the Iraqi and Syrian sanction orders cover the gap?”—[Official Report, 31 October 2016; Vol. 616, c. 698.]

That is a very good question. A third protocol could offer an opportunity to streamline the law. Instead of plugging the gaps with new legislation, there could be a consistent and indubitable catch-all that would assure the necessary protections for the property most valuable to nations and their identities.

The destruction of cultural property in the middle east has been mentioned many times as one of the motivations for the passage of this Bill, yet the Bill does not apply to so many of those situations. In the light of the work carried out involving the cultural protection fund in that same region, it seems that protecting artefacts in Syria and its surroundings is a priority for us all. The Government acknowledge that too. A report would not only provide a platform to express that, but it could kick-start action to bolster protections and provisions where they are currently most needed.

I and my hon. Friends have highlighted the matter of digital content falling within the definition of cultural property. The Government indicated there should be a certain level of consistency with regard to an internationally accepted interpretation of what cultural property means. They said at the same time that amending the Bill to specifically include digital content could jeopardise that consistency. It seems to me that formalising an internationally accepted interpretation of cultural property that includes things such as digital content would be a crucial component of a third protocol, bringing the legislation firmly into the digital age.

The more consistency there is in both the wording and the interpretation of our international laws, the greater the chance of holding those who violate them to account. Our support of current and developing technologies should be unambiguous and undeniable. Given the importance of our national and regional film archives and that of the precious cultural property currently being created, I hope the Government agree that the protection of digital property should be championed by the UK on the international stage.

We cannot as a country unilaterally decide on the priorities and the announcement of any third protocol to the 1954 convention, but a report on the topics the UK would like to focus on allows for a productive and constructive dialogue on key issues, potentially putting such a protocol on the agenda of the international community. It would also provide the UK with an opportunity to demonstrate its desire both for international co-operation and to show leadership in this area, which I think we should be doing.

Internationally, the UK is in a position in which we are choosing to leave the European Union rather than, as some of us would have hoped, to be a leading player. With the sorts of turmoil we see going on in the world, including on the other side of the Atlantic, this would indicate that the UK can and will continue to work productively and co-operatively with other nations. We may be late in ratifying the convention, after 62 years, but we can show that this is not due to a lack of commitment to its ideals and ambitions.

Does the Minister agree that the two topics we have just discussed, and perhaps others, would be among UK priorities for a third protocol? What other topics might she consider? Do the Government have any plans to work towards developing a third protocol?

[Tracey Crouch]

I thank the hon. Member for Cardiff West for raising the issue of updating the protocols to the convention to reflect the need to protect cultural property from destruction by, for example, terrorist groups such as Daesh. We covered Syria and digital cultural property in some detail earlier, and I am sure that we will return to those issues, so I do not intend to go over those arguments again. We are, however, absolutely united in our condemnation of the terrible damage to cultural heritage that Daesh has wrought at sites such as Palmyra and the destruction and looting of cultural heritage as a tactic of war and terror more generally.

That said, the new clause seems to assume that an updated protocol is inevitable. We are not aware that UNESCO is considering that. It is not included in the organisation’s medium-term strategy, which sets outs its priorities until 2021. We are also unaware of calls from other state parties for the protocols to be reconsidered at this time. Indeed, I understand that the process to reopen discussion on protocols or propose a new one is not as easy as the Opposition might believe. I am told that it would take a minimum of eight years to agree a new text or protocol.

[Kevin Brennan]

Is that not all the more reason to get on with it?

[Tracey Crouch]

If the hon. Gentleman will hold his horses for a second, given the delay in the UK’s ratification, publishing a list of our future demands within a year of Royal Assent may not be the wisest way to win support for that. Once the UK has ratified the convention and current protocols, we will be closely involved in the related UNESCO discussions, and that will be the best way to influence any future work.

--- Later in debate ---

On resuming—

[Tracey Crouch]

Before the Divisions, we were talking about a third protocol, in the light of the Opposition’s new clause 2. We do not feel that it would be appropriate to include that new clause in the Bill. Rather than focusing on how an additional protocol might better address the specific issue, our priority must be ratifying the convention and acceding to its two protocols. That will be a significant milestone for the UK that has not been achieved by other permanent members of the UN Security Council. It will send the strongest message about the UK’s commitment to protecting the world’s cultural property and signal our condemnation of the recent abhorrent cultural destruction. Although I recognise the good intention behind the new clause, I hope that the hon. Member for Cardiff West will appreciate that it is beyond the scope of the Bill and therefore withdraw it.

[Kevin Brennan]

It is not beyond the scope of the Bill, as I have pointed out already, but I will not labour the point—although that is my wont. We have discussed the third protocol, which is not the title of the latest book by my hon. Friend the Member for Rhondda, although it would be a very good title for a parliamentary thriller, if that is what he has been composing during our deliberations—that might explain his uncharacteristic reticence.

It is difficult to say on the one hand that we should pat ourselves on the back for being the first in the Security Council to ratify both protocols, and on the other hand that we should not pat ourselves on the back by suggesting a third protocol, because it has taken us 62 years to ratify the convention. There might be a slight circularity to that argument.

The purpose of new clause 2 is to encourage the Government to take the lead in this area, which we should do internationally, and to think about how we can update our international agreements on the protection of cultural property in armed conflicts to ensure that they move with the times and cover the new types of cultural property being developed as a result of the digital revolution and the new types of threat, warfare and armed conflict we face with the rise of entities such as Daesh. Having said that, in the interests of us completing our proceedings, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

[Tracey Crouch]

On a point of order, Mr Turner. I am grateful to you for allowing me this opportunity to thank everyone for participating in the Committee. This is the first piece of legislation that I have taken through the House, and I believe that it is your first chairing of a Committee in this House, so it is a first for both of us. Hopefully we have managed to muddle our way through it correctly and in order.

I want to pay tribute to all those who have helped to make the Committee happen. I am grateful that my first piece of legislation is, by and large, full of consensus. Although there are issues that I am sure many will raise on Report and seek further clarification on, it is a tribute to what we are discussing that we have managed to get through the Bill in the way we have. I would like to thank you, Mr Turner, and Ms Buck for chairing the Committee, as well as the Clerks, the Hansard reporters and the Doorkeepers.

I would like to thank my excellent Bill team of officials from the Department for Culture, Media and Sport and other Departments, including the Ministry of Defence and the Foreign Office, all of whom not only have been brilliant advisers to myself as Minister, but have been open and accessible to other Members, including Opposition Members, for discussion.

I would like to thank those who have submitted written evidence and participated in the development of the Bill over a number of years. The hon. Member for Cardiff West pointed out in his opening remarks that the Bill has been a long time coming, since the second protocol in 1999. We should pay tribute to those in the previous Labour Government who started this process. I am pleased that it was this Government—under the former Secretary of State, my right hon. Friend the Member for Maldon (Mr Whittingdale), and my right hon. Friend the Member for Wantage (Mr Vaizey)—who managed to introduce the Bill in Government time during this Session.

Finally, I would like to thank all members of the Committee. I thank the Opposition for their amendments, which allowed us to have a full debate on many aspects of the Bill. Despite gentle probing from many directions, the record will show that we have managed to discuss a great many issues that people both inside and outside this place really do care about.

[Kevin Brennan]

Further to that point of order, Mr Turner. May I echo everything the Minister has said? She is quite right that it is important to probe Government legislation from every direction, and that is what we have sought to do in the course of our proceedings. Thank you, Mr Turner, for chairing our proceedings and keeping us in order—including on new clause 5, which of course was in order all along. I also thank Ms Buck for chairing our proceedings so ably this morning; perhaps you could pass that on, Mr Turner, on our behalf.

I would like to thank all members of the Committee. I know that for a number of Members it was their first time serving on a Bill Committee. It is not always this consensual when we discuss legislation. Nevertheless, this has been a useful example of the importance of Committee stage in teasing out and putting on the record the Government’s intentions and so on. I would also like to thank the Whips for keeping us in order and enabling us to get through proceedings in an expeditious fashion.

I also thank the Clerks, the Hansard reporters, all those from the sector who have made submissions, the civil servants, the Doorkeepers, the police and everyone else, including my researcher, Haf Davies, who has been very helpful in preparing for today. It may have taken us 62 years, but we are engaged in an extremely important process. We can all take some pride in the fact that finally, after Report and once the Bill gets Royal Assent, we will have ratified The Hague convention, albeit 62 years after it was originally brought about.

Bill to be reported, without amendment.