Tribunals, Courts and Enforcement Bill [HL]

moved Amendment No. 87: 87: Clause 126 , page 95, line 36, leave out ““and”” and insert— ““( ) its import does not contravene a prohibition or restriction on the import of goods, imposed by or under any enactment, that applies to the object, a part of it or anything it conceals,”” The noble Baroness said: My Lords, in moving Amendment No. 87, I wish to speak also to Amendments Nos. 88, 89, 90, 91 and 99. We had a very useful discussion on Part 6 both at Second Reading and in Grand Committee. I am extremely grateful for all the helpful comments that I received. I listened to the many concerns expressed on this matter. The following amendments are designed to meet the concerns raised on this part of the Bill. Amendment No. 87 amends Clause 126 to ensure that protection under these provisions will not be given to a work of art or any other object that is used to conceal contraband items so that they can be smuggled into the United Kingdom. Amendment No. 88 will make it a condition of approval under Clause 126 that museums and galleries must publish specified information about the objects they intend to borrow in advance of the objects coming to the United Kingdom. The Secretary of State is given power to make regulations about the publication of such information, which will specify the information which must be published, the method of publication to be adopted and how far ahead of an exhibition the information must be published. This amendment will ensure that information about the objects to be exhibited is made publicly available and will enable anyone to raise questions about their provenance before they come to the United Kingdom. Where a query is raised, it will not automatically remove protection against seizure but will allow the borrowing institution to look very carefully at the evidence before taking a final decision on whether to borrow. We intend to consult widely with those concerned, including key interest groups, before we make the regulations. Amendment No. 89 amends Clause 126 to give the Secretary of State power to make regulations requiring museums to provide additional information to an inquirer about an object in an exhibition and to specify the circumstances under which such information should be provided. The amendment ensures that the consent of Scottish and Welsh Ministers and the Department for Culture, Art and Leisure in Northern Ireland is required for any regulations made under Clause 126 and provides for the regulations to be made by statutory instrument using the negative resolution procedure. Amendment No. 90 inserts a new clause on relevant museums and galleries. This sets out the factors that must be considered by the relevant authority before giving approval to museums and galleries under these provisions. Museums and galleries in England must satisfy the Secretary of State that their procedures for checking the provenance and ownership of the objects they intend to borrow are satisfactory and that they comply with guidance on due diligence issued by the Department for Culture, Media and Sport. Scottish Ministers, Welsh Ministers and the Department for Culture, Art and Leisure in Northern Ireland will be responsible for the approval of institutions within their respective territories and must apply the same factors. DCMS officials will work closely with their counterparts in those areas to ensure that we operate similar standards throughout the United Kingdom. Museums and galleries will be invited to apply for approval and to demonstrate through the submission of their due diligence procedures and associated documentation that they carry out very thorough checks of items they intend to borrow. Our national museums pride themselves on operating very high standards of due diligence when it comes to hosting exhibitions, and quite rightly so. This amendment will ensure that approved museums comply with guidance about due diligence procedures issued by the Secretary of State and makes it clear that approval may be withdrawn if it becomes apparent that a museum is not maintaining sufficiently high standards of due diligence. Where approval is withdrawn from an institution, it will not immediately affect the protected objects which will continue to enjoy immunity from seizure until the end of the exhibition. Museums that have had their approved status withdrawn will therefore not be able to offer immunity in relation to any subsequent exhibition but will be able to reapply and will need to satisfy the Secretary of State that their standards have improved to an acceptable level before approval is granted again. Amendment No. 91 removes subsection (3) in Clause 128 which defines approved institutions. This is replaced by the new clause after Clause 127. Finally, Amendment No. 99 amends Clause 139 to allow the provisions on immunity from seizure to be brought into force by order rather than automatically two months after Royal Assent. This is to allow time for detailed consultations on the regulations on the publication of information about protected items, which must be made before the immunity is brought into force. I beg to move.