20. The main system of export controls on items other
than strategic goods is applied to the export of cultural objects,
under a 1992 Order. This is the responsibility of the Secretary
of State for Culture, Media and Sport. Part 2 of Cm 5091 comprises
an introduction to the draft Bill as it affects these controls.
It states that it is not intended to change "significantly"
or "substantially"the export control regime for cultural
It also states that the purposes in the Schedule would allow the
Secretary of State to implement the measures necessary to enable
the UK to accede to the 1970 UNESCO Convention on illicit trade
in cultural objects. It seems that passage of the Bill is not
in fact a prerequisite for accession to the Convention, but that
it will help.
21. At the time of the 1996 Green Paper and 1998
White Paper, controls on the export of bovine offal were apparently
in force, following the BSE outbreak. Cm 5091 records that these
controls were "not used" and have since been repealed.
The Secretary of State told us that there were no controls in
place on agricultural goods.
We refer below (para 42) to the possibility of including the protection
of public health within the purposes of export control.
21 1996 Green Paper, para 2.1.3. On 22 May 1995 the
Court of Appeal rejected the argument put forward on behalf of
the four defendants ( Blackledge and others) convicted of export
control offences relating to the export to Jordan of an assembly
line for artillery fuses - the Ordtec case- that the 1987 and
1989 Orders made under the 1939 Act were ultra vires: Scott
Report, J 6 Back
para 1.6 Back
White Paper, para 1.4.1 Back
65, para 9 Back
para 19 below Back
Deb, 29 November 1990, cols 1059ff Back
Report of the Trade and Industry Committee, HC 140 of session
1999-2000, Qq 86ff and Ev, p 6 Back
5091, page 22, paras 2,4 Back
5091, page 7, para 19 Back
Q 279 Back