UK Parliament / Open data

Cultural Property (Armed Conflicts) Bill [Lords]

I know I am a treasure, but the Minister is so kind.

I will make three quick points, if I may. First, it is important not to confuse evidence for an offence with the definition of an offence. Those are two different legal concepts, and in our enthusiasm to pass this Bill into law, we are in danger of allowing that confusion to remain. Despite the fact that I accept the political reality, I think clause 17(1) is and remains flawed, and I am not yet convinced that what the Government propose is the right answer, but there we are, I have lost that particular argument.

Secondly, I hope we will see the guidance for prosecutors and the police soon. As my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) said, Governments often talk about guidance and secondary legislation is often drafted to achieve clarity. It is no good just saying things; we need to do things. I hope that we will see the guidance long before the end of the summer, and that it will be available to be considered in published form.

Thirdly and finally, I urge my hon. Friend the Minister to press the Foreign Office to come up with some form of definition of “occupied territories”. It is a movable feast, and I appreciate that the facts on the ground and the law relating to the status of particular parts of the world change almost week by week. However, if there is to be guidance on whether it is appropriate to prosecute under clause 17(1) for “having reason to suspect”, we equally need guidance on what an occupied territory is as a matter of fact and as a matter of law.

5.53 pm

About this proceeding contribution

Reference

621 c814 

Session

2016-17

Chamber / Committee

House of Commons chamber
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