House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

45

House of Commons

Tuesday 27th March 2007

Public Bill Committee Proceedings

Tribunals, Courts and Enforcement Bill [Lords]

[seventh and eighth sittings]

Simon Hughes

Jenny Willott

Negatived  179

Clause  129,  page  99,  line  17,  after ‘gallery’, insert—

‘(da)
the museum or gallery has, within 72 hours of the arrival of the object in

the United Kingdom, given the Secretary of State details of the object,

including its provenance and ownership,’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  181

Clause  129,  page  99,  line  18,  after ‘with’, insert ‘the Due Diligence Guidelines for

Museums, Libraries and Archives on Collecting and Borrowing Cultural Material

published from time to time by the Department for Culture, Media and Sport and’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  182

Clause  129,  page  99,  line  20,  at end insert ‘(including provenance and, if

appropriate, ownership) on a public register for the purpose of inviting any person who

asserts a claim to that object to raise an objection to its inclusion in the exhibition within

a specified period.’.

Simon Hughes

Jenny Willott

Not called  180

Clause  129,  page  99,  line  22,  at end insert—

‘(3A)
The Secretary of State must publish the details of an object which are given to him

under subsection (2)(da).’.

Public Bill Committee Proceedings: 27th March 2007
46

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  183

Clause  129,  page  99,  line  25,  leave out ‘and’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  184

Clause  129,  page  99,  line  27,  at end insert ‘, and

(c)
only so long as the conditions in subsection (2) continue to be met.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  185

Clause  129,  page  99,  line  35,  at end insert ‘, save that there must be at least three

months between each period of protection.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  186

Clause  129,  page  99,  line  35,  at end insert ‘, save that the total period of protection

shall not exceed 36 months in any period of five years.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  187

Clause  129,  page  100,  line  7,  leave out ‘may’ and insert ‘shall’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  188

Clause  129,  page  100,  line  10,  at end insert ‘, including circumstances where a

museum or gallery decides not to include an object in an exhibition or where a lender

withdraws permission.’.

Public Bill Committee Proceedings: 27th March 2007
47

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  189

Clause  129,  page  100,  line  10,  at end insert—

‘(9A)
The Secretary of State shall make regulations for the establishment of an

independent committee to monitor the publication and reporting of specified

information, the compliance of museums and galleries with the Due Diligence

Guidelines for Museums, Libraries and Archives on Collecting and Borrowing

Cultural Material published from time to time by the Department for Culture,

Media and Sport, and the handling of claims made or objections raised in relation

to any object.’.

Clause Agreed to.

Clause 130 Agreed to.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Simon Hughes

Jenny Willott

Not called  153

Clause  131,  page  101,  line  2,  leave out from ‘objects’ to end of line 4 and insert—

‘(2A)
It shall be a condition of such approval that any approved institution has agreed

to apply to each and every protected object the Due Diligence Guidelines for

Museums, Libraries and Archives on Collecting and Borrowing Cultural Material

published from time to time by the Department of Culture, Media and Sport.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  190

Clause  131,  page  101,  line  6,  after ‘particular,’, insert ‘it must withdraw approval’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  191

Clause  131,  page  101,  line  10,  after ‘reason)’, insert ‘and the institution has failed

to improve its procedures having received a warning from the appropriate authority

specifying a reasonable time frame in which to do so.’.

Public Bill Committee Proceedings: 27th March 2007
48

Tribunals, Courts and Enforcement Bill–[ [], continued

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  192

Clause  131,  page  101,  line  12,  at end insert ‘and, in the case of failure which is

capable of remedy, has failed to remedy the failure having received a warning from the

appropriate authority specifying a reasonable time frame in which to do so.’.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not called  193

Clause  131,  page  101,  line  15,  at end insert ‘unless it can be shown that the object

was wrongly granted protected status as a result of an inadequate due diligence procedure

in relation to that object.’.

Clause Agreed to.

Clauses 132 to 134 Agreed to.

Schedule 22 Agreed to.

Clause 135 Agreed to.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Not selected  154

Page  104,  line  43,  leave out Clause 136.

Clause Agreed to.

Clauses 137 to 139 Agreed to.

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  155

Clause  140,  page  109,  line  12,  at end add—

‘(8)
The Lord Chancellor must consult any interested parties before making an order

under this section.’.

Public Bill Committee Proceedings: 27th March 2007
49

Tribunals, Courts and Enforcement Bill–[ [], continued

Clause Agreed to.

Clause 141 Agreed to.

Schedule 23 Agreed to.

Clause 142 Agreed to.

Simon Hughes

Jenny Willott

Not called  160

Clause  143,  page  110,  line  3,  at end insert—

‘(4A)
No order may be made under this section to bring Chapter 1 of Part 3 into force

unless the provisions of section [Commencement of Chapter 1 of Part 3] have

been complied with.’.

Clause Agreed to.

Vera Baird

Agreed to  1

Clause  144,  page  110,  line  10,  leave out subsection (2).

Clause, as amended, Agreed to.

Remaining proceedings

Concurrent jurisdiction of courts, tribunals and public sector ombudsmen

Mr Henry Bellingham

Mr Tobias Ellwood

James Brokenshire

Mr Richard Benyon

Mr Brooks Newmark

Withdrawn  NC5

To move the following Clause:—

‘(1)
In section 5 of the Parliamentary Commissioner Act 1967 (c. 13), omit subsection

(2).

(2)
In section 26 of the Local Government Act 1974 (c. 7), omit subsection (6).

(3)
In section 4 of the Health Service Commissioners Act 1993 (c. 46), omit

subsection (1).’.

Public Bill Committee Proceedings: 27th March 2007
50

Tribunals, Courts and Enforcement Bill–[ [], continued

Vera Baird

Agreed to

That certain written evidence already reported to the House be appended to the

proceedings of the Committee

Bill, as amended, to be reported.