My Lords, I thank the noble Earl, Lord Clancarty, for his amendments and the noble Lord, Lord Stevenson, for supporting them. I know that many noble Lords will have been in touch with Professor Peter Stone about the use of “breach” as opposed to “violation” in this clause. I had an extremely productive meeting with him only this morning and I will take this opportunity to thank him for his impressive contribution to the field of cultural protection. The nature of the offence is already established in this clause, so it does not need to be set out separately in the first line.
I recognise that there is some uncertainty, as the noble Earl explained so eloquently, and perhaps confusion, as to why we are using “breach” in the title of this part and clause when the convention and protocol refer to a “violation”. The reason for the Government’s approach is very straightforward: breach is a more familiar term in English law, although its meaning in this context is the same as violation. The term “violation” is used in subsection (1)(b) because it is repeating the text of the convention and the Second Protocol. The point has been raised by a number of people, including Members of this House, so I will take the matter away and consider very carefully whether we have got this right before Report. I hope that, on that basis, the noble Earl will feel able to withdraw his amendment.