My Lords, it may be helpful and to the advantage of the Committee if I explained a couple of points before I get onto the meat of the amendment before us. First, we already have said on the record this is a Bill that we support and we will do what we can to ensure its swift passage through to the other place. However, that is not to be done at the expense of proper scrutiny of the issues which are raised here. We have a Bill that deals with very serious matters. It arises from unpleasant incidents and difficult issues that occurred in previous times of war. We are all in debt to those who worked in the previous Labour Administration and the current Government to bring forward the proposals that will finally allow this country to sign up to the Hague convention of 1955.
I have expressed my wish to make sure that we move forward as quickly as possible. Noble Lords may find that at variance with the fact that we have tabled some 30 amendments. However, the rationale for that is that, given that this very important document starts so long ago in history—in fact, it starts from a convention in Paris in 1907—we think that there are points at which it may be helpful for both this House and the wider world to understand what the Government’s current thinking is. The essence of the Bill is to bring into law drafting that took place some time ago. In putting down a number of amendments, covering most parts of the Bill, we are seeking not to detract from what is said in the Bill but to invite the Minister to respond in a way that will be helpful to those who have to interpret and implement the Bill when it is finally an Act and when we finally sign up to the convention.
The first amendment deals with the topic of culture, which is at the heart of much of what we do in daily life, even though it does not necessarily form much of our public discourse and debate—perhaps not as much as I would like. Nevertheless, as I mentioned, the history of the Second World War brought into sharp focus the problems that a lack of regard for culture in all its forms can have for those prosecuting, for good
and persuasive reasons, the arts of war. The meat of this Bill is that it sets out a requirement on combatant countries engaged in warfare to provide, in advance of any action, a list of all the important cultural property that might be affected by that war. By implication, that implies that we in this country must do the same. We are talking here about identifying and bringing forward for consideration and use in difficult times of war the lists of very important cultural products and buildings that we think is incumbent on us and the other side to do. This is not an exercise that has been done to any great extent, although I think that most people could quite reasonably agree on a proper list for the United Kingdom, for instance.
My problem, and the reason why we wish to debate this under the first amendment today, is that the definition of “cultural property” that appears in Article 1 —in Schedule 1, which will become part of the Act, if the Bill is passed—is drafted in terms that may not be as effective in reaching out to those aspects of culture that we currently recognise. For example, the three main subheadings of Article 1 talk about “movable or immovable property”, about “buildings”, and about,
“centers containing a large amount of cultural property … to be known as ‘centers containing monuments’”.
There is nothing wrong with that, but I think that it would be helpful to allow a few moments to reflect on how things have moved on since 1955, in particular with moving image culture, in which I declare a previous interest as director of the British Film Institute. Within that, I would like to bring to the attention of the Committee the issue of film archives and recordings of television that are kept there, as well as the posters and ephemera that are collected.
Those items would not specifically be included in the lists that appear in Article 1, although most people would now regard them as cultural. Of course, every major country now has a film archive, and many of them also have television archives. They also record digital and other material—so we are not talking about a narrow issue but about an important part of our cultural life. Who could, these days, expect to understand, debate and discuss the culture of any country or time without having regard to the moving image? You have only to look at the way in which our younger generations look at YouTube and other sites to realise exactly how that world has changed.
This is not an attempt to change anything in the Bill, although I might wish to come back to the issue, in a later amendment, of how we might take this forward. It is a request to the Minister to look very carefully at Article 1 and explain to the Committee, as much as possible, how she reads it in terms of my points about the digital and cultural images which I would like to see protected.
As I said, this is not about wars in other places; we will also have to have regard to our own institutions. I might mention here not just the national film archive in Berkhamsted—where the main holdings are—and London but also regional film archives across England, the national film archives in Scotland, Wales and Ireland. These are important places in our own country which need to be protected. They need to be identified and listed and plans need to be put in place. We would
hope that any combatant with whom we were involved, who was signed up to this convention, would also have similar lists which we would respect, through the procedures in the Bill. In those circumstances, I beg to move.
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