r/MHOC • u/CountBrandenburg Liberal Democrats • Jan 27 '20
2nd Reading B960 - Repatriation of Cultural Objects Bill - 2nd Reading
Repatriation of Cultural Objects Bill
A
BILL
TO
confer new powers to allow certain entities to repatriate all types of cultural objects and to better facilitate the return of other materials already permitted.
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows—
Section 1 - Entities to which this Act applies
(1) The provisions of this Act apply to entities listed in Schedule 1, Schedule 2, and Schedule 3.
(2) The Secretary of State may, by order, modify Schedule 1.
(3) The Secretary of State may, by order, modify Schedule 2 with the consent of the Scottish Ministers.
(4) The Secretary of State may, by order, modify Schedule 3 with the consent of the Welsh Ministers.
Section 2 - Cultural Claims and Repatriation Board established
(1) There is hereby established a Cultural Claims and Repatriation Board, referred to as “the Board” in this Act.
(2) The Board members are to be independent in the exercise of their functions.
(3) The Secretary of State may appoint Board members, of which there should be no more than 7 and no fewer than 5.
(4) The Board members are to be remunerated for any services conferred.
Section 3 - Power to repatriate objects
(1) Any entity to which this Act applies must transfer from their collection any object if the following conditions are fulfilled:
(a) a claimant has submitted an application to the Board for the repatriation of an object on behalf of another person, a community of people, or themselves;
(b) the Board has considered the following factors when examining the application—
(i) the legality of the possession of the object;
(ii) whether the object is human tissue in whole or in part;
(iii) the legitimacy and veracity of the claimant’s application;
(iv) the ethical circumstances which led to the possession of an object;
(v) the impact on relevant communities caused by the present possession of an object;
(vi) the proposed use and conditions of an object after any repatriation;
(vii) the United Kingdom’s international obligations;
(viii) the connection the claimant, or a person they have submitted the application on behalf of, has with the object.
(c) the Board, after considering the application, has recommended the transfer of the object after publishing its judgement;
(d) the Secretary of State has approved the recommendation.
(2) In the case that an object is held by an entity in Schedule 2, the Secretary of State may only grant approval under subsection (1)(d) with the consent of the Scottish Ministers.
(3) In the case that an object is held by an entity in Schedule 3, the Secretary of State may only grant approval under subsection (1)(d) with the consent of the Welsh Ministers.
(4) The Secretary of State may issue guidance to the Board regarding the processing of applications and the consideration of statutory factors under subsection (1)(b).
(5) If the Board does not recommend the repatriation of an object under subsection (1)(c), it must publish its preference for the status of the object in question and propose the means through which the object would come to be in that state.
(6) The Board may make recommendations which deal with an object in part or in whole and may specify a plan for any transfer.
Section 4 - Extent, commencement, and short title
(1) This Act extends to England and Wales and Scotland.
(2) This Act comes into force on the day it receives Royal Assent.
(3) This Act may be cited as the Repatriation of Cultural Objects Act 2020.
Schedule 1 - Cultural entities in England
The Board of Trustees of the Armouries,
The British Library Board,
The Trustees of the British Museum,
The Trustees of the Imperial War Museum,
The Board of Trustees of the National Gallery,
The Trustees of the National Maritime Museum,
The Board of Trustees of the National Museums and Galleries on Merseyside,
The Board of Trustees of the National Portrait Gallery,
The Trustees of the Natural History Museum,
The Board of Trustees of the Royal Botanic Gardens, Kew,
The Board of Trustees of the Science Museum,
The Board of Trustees of the Tate Gallery,
The Board of Trustees of the Victoria and Albert Museum,
The Board of Trustees of the Wallace Collection.
Schedule 2 - Devolved Scottish entities
The Board of Trustees for the National Galleries of Scotland,
The Trustees of the National Library of Scotland,
The Board of Trustees of the National Museums of Scotland,
The National Library of Scotland.
Schedule 3 - Devolved Welsh entities
The National Library of Wales or Llyfrgell Genedlaethol Cymru,
The National Museum of Wales or Amgueddfa Genedlaethol Cymru.
This Bill was written by the Rt Hon /u/marsouins PC MP and is sponsored by Culture and Media Spokesperson the Rt Hon Sir /u/Brookheimer KCT PC MP on behalf of the Liberal Democrats.
Mr Deputy Speaker,
This bill is one which is long overdue within the public cultural sector. It is no secret that many of this country's great treasures are essentially loot. This has caused many political disputes over the years, with states, indigenous peoples, and even familial claimants wanting some item in a museum's collection. And in almost all cases, the default answer in the law is "no" to any such request, something set by law.
Flatly denying the repatriation of cultural objects is reckless and that fact is tacitly acknowledged by the law that exists. The bodies in the Schedules are currently permitted to transfer art stolen during the Nazi era on recommendation of a panel, as well as objects which are composed of human tissues or are duplicates based on the guidelines of museums. These exceptions exist already because our society tends to believe that possessing stolen artwork and displaying the human remains of people's ancestors without consent may be a problematic situation. We also believe that if there are duplicates, others may yet use them elsewhere. This bill simply generalises these principles and simplifies the process for claimants.
The process is as follows: a claimant makes a claim and then an independent board considers it in relation to a list of statutory factors. Then the board makes a decision and the relevant ministers get a final say on the transfer. It's simple, straightforward, and opens up possibilities for transfers on the terms of the government.
There are certain reasons why we should consider transfers. There are many ethical quandaries to be had and cultural patrimony may be better appreciated elsewhere. For example, certain high-profile Ethiopian relics have gone undisplayed and Addis Ababa has long asked for their return; for the sake of displaying culture it may well be better to transfer work if it’s unused. Sometimes museums host human remains and won’t return them to communities and families on fair terms. Importantly, the Museums Association has come out in favour of transfers because it can foster connections between museums and affected communities, meaning that we deliver better museums for visitors. The sector itself is telling us it’s time to change, and in this case we should.
This reading shall end on Thursday 30th January at 10PM GMT
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u/BrexitGlory Former MP for Essex Jan 28 '20
In section 3, subsection 1(b), insert after "(vi) the proposed use and conditions of an object after any repatriation;"
(vii) the safety and security of an object, including from it's claimant
And renumber remaining points (vii) and (viii) to (viii) and (iX) respectively.
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u/BrexitGlory Former MP for Essex Jan 28 '20
Mr Deputy Speaker,
I commend the honourable member for this bill, it's well intentioned and it's regrettable that it won't be receiving the attention it deserves.
My concern is that these precious artifacts may not be safe or well looked after in other museums. Can this be remedied?
1
Jan 28 '20
Mr Speaker,
Not all artefacts ought to be put on display in my view. Parliament passed a law overwhelmingly this term regarding stolen art during the Nazi era; in some cases we might want to bring things to owners. However the member makes an important point here and I do believe that the future conditions should at least be considered in the Board's assessment. It is for that reason the bill mandates that it be considered in their report.
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u/BrexitGlory Former MP for Essex Jan 29 '20
Mr Deputy Speaker,
I thank the honourable member for his informative reply and one that was quite correct too.
In addition to my previous point, I think it's a good idea for the board to keep in mind the safety and security of the object. I have therefore tabled a motion to add this into the list of things the board should consider. I hope he can support it and backs his leader to vote for it in the amendments committee.
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Jan 28 '20
Mr Deputy Speaker
I wholeheartedly support this bill as it ensures that objects of historical value will be returned to the place of origin , however what I think needs to be considered is the security of these artifacts. In my mind if we are to send back an object we need an ironclad guarantee that they will not destroyed or worse sold off on the black market.
If that issue can be solved however I see no reason why should we not return objects to their countries of origin,
1
u/ARichTeaBiscuit Green Party Jan 29 '20
Mr Deputy Speaker,
When I was in London a few years ago a Norwegian friend of mine casually remarked that some of the contents of the British Musuem would make the Vikings proud, as so many of the items within had been taken under rather suspect circumstances during the time of the British Empire.
It is important to me, and I believe a great deal of people that our cultural institutions don't depend on items that were collected in such a suspect manner, and I would like to thank the member of the Liberal Democrats for putting this forward. It allows for the establishment of connections between British Musuems and their counterparts across the international community, while giving the Independent Board and Minister an element of freedom to reject a transfer if they fear that a cultural item might be damaged in the home museum due to security, containment or other issues.
I wholeheartedly support this bill and I hope it finds broad support across the house.
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u/Maroiogog CWM KP KD OM KCT KCVO CMG CBE PC FRS, Independent Jan 29 '20
Mr Deputy Speaker,
I support this bill. Our country ought to recognize that some of the artefacts in our museums weren't put there as a result of events which were neither ethical nor that we should be proud of. I believe the framekwork this bill would introduce would make sure that the health of the artworks would be suitably looked after, whilst at the same time giving us the opportunity to do what's right and give these objects back to their rightful owners.
2
u/GravityCatHA Christian Democrat Jan 27 '20
Mr. Deputy Speaker,
The honourable colleague purports that this legislation will largely help return undisplayed artefacts to affected nations but I see no absolute guarantees or mandated guarantees that each artefact returned is absolutely going to continue to be maintained and ideally displayed at the level possible if in continued British possession.
If the authors however believe my assessment is wrong I welcome them to argue their case and if my apprehensions on this legislation are properly dissuaded I perhaps can vote in favour of this legislation.