C O N T E X T 7 6 : S E P T E M B E R 2 0 0 2 35 IHBC and UNESCO Make illicit trade a criminal offence urges UK UNESCO UK Unesco has sent the following letter to Baroness Tessa Blackstone, minister of state at the Department for Culture, Media and Sport. Originally drafted by Bob Kindred, it sets out the IHBC’s concerns about the question of a new offence of architectural theft. Dear Baroness Blackstone, UNESCO Convention on Illicit Trade in Cultural Objects and Supporting Legislation Last year the government undertook to ratify the 1970 UNESCO Convention on the Illicit Trade in Cultural Objects, following a report and recommendations published by the DCMS Illicit Trade Advisory Panel. I am writing to you on behalf of the Culture Committee of the UK’s National Commission to express concerns about the government action since then. UK UNESCO, the UK National Commission for UNESCO, was formed in 2000 following consultation with a number of government departments, in order to increase UK involvement in UNESCO’s programmes worldwide. One of the agreed functions of the commission is to provide independent advice to government departments. One of the specific recommendations made by the DCMS Illicit Trade Advisory Panel was that such illicit trade should constitute a new criminal offence. It was intended that this be incorporated in the forthcoming Criminal Justice Bill. UK UNESCO welcomed the government’s decision to ratify the convention, but was concerned to ensure that any new offence would not undermine or dilute powers in existing historic buildings or ancient monuments legislation – particularly involving removal of architectural fixtures. It was subsequently noted that any new powers should also relate to the DTLR’s forthcoming review of the operation of the enforcement regime under the planning green paper. The representative from the Institute of Historic Building Conservation, appointed to the National Commission’s Culture Committee, wrote to the secretary of the advisory panel on these aspects last autumn. We are also aware that Lord Renfrew has found it necessary to seek separate assurances in the House of Lords about the government’s commitment to aspects of the 1954 UNESCO Hague Convention. It is our understanding that the necessary provisions to make the 1970 convention effective are to be omitted from the Criminal Justice Bill.We are therefore seeking assurances that the government remains committed to ratification of the convention; intends to bring into law at an early opportunity the criminal offence to make this effective; and will ensure proper integration with the existing powers of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Ancient Monuments Act 1979. Yours sincerely SueWright, chair, UK UNESCO Culture Committee Baroness Blackstone replied: UNESCO Convention on Illicit Trade in Cultural Objects Thank you for your letter about the speed of government action on the 1970 UNESCO convention and supporting legislation. I am glad to report that good progress has been made on the timetable for accession to the UNESCO convention. The authorised and signed version of the convention was printed by the Foreign and Commonwealth Office as Command Paper 5500 in April and No Criminal Justice Bill is being enacted during the current Parliamentary session, but I think that it will be possible to identify a suitable legislative opportunity to permit this to be enacted. On the question of the new offence diluting existing listed buildings or ancient monuments legislation, I think it will actually reinforce those powers. Existing legislation is limited to making it an offence to destroy, alter or remove fixtures from historic buildings or ancient monuments, whereas the new offence also includes importing, dealing in, or being in possession of such objects. The UK has recently played an active role in negotiations leading to the adoption of a new second protocol to the Hague convention of 1954, aimed at improving the effectiveness of the protection of cultural property during armed conflict and taking into account recent developments in international law. The government are now giving active consideration to ratification of the convention together with the new protocol. However, this will require primary legislation, which will depend on the availability of Parliamentary time. Meanwhile, we remain fully committed to the protection of cultural property in time of armed conflict in accordance with international law, including the relevant provisions of the Additional Protocols of the Geneva Convention, which the United Kingdom ratified in 1998. With reference to the review of the PPGs 15 and 16 Planning and the Historic Environment and Archaeology and Planning announced in the planning green paper Planning: delivering a fundamental change, I have asked my officials to discuss with the DTLR the possible relationship between the planning regime and this measure, concerned with the traffic in portable cultural property. Finally, in the implementation of the Illicit Trade Advisory Panel’s recommendations, I enclose a copy of its first progress report, which will be shortly released on the department’s website. Tessa Blackstone Bob Kindred comments: Baroness Blackstone’s reply does still fall a bit short since the convention refers only to ‘monuments’ and applies only to those built more than 100 years ago.We will need to continue to monitor this issue. Baroness Blackstone has now been laid before Parliament together with an Explanatory Memorandum which will enable the completion of the final formal steps during July 2002. All parties agree that signature of the UNESCO convention needs to be underpinned with a new criminal offence to prohibit the illicit trade in cultural objects. This proposal, in particular, has required extensive consultation to ensure that all relevant issues were agreed across Whitehall, with all devolved administrations and with the European Commission.
RkJQdWJsaXNoZXIy MjgyMjA=