Holocaust (Return of Cultural Objects) (Amendment)
Tuesday 13th March 2018
(6 years, 9 months ago)
Commons ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text
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Theresa Villiers (Chipping Barnet) (Con)
I beg to move,
That leave be given to bring in a Bill to prevent the Holocaust (Return of Cultural Objects) Act 2009 from expiring on 11 November 2019.
It was on 10 November 1938 when the horrors of Nazi persecution began in earnest with the shameful episode known as Kristallnacht. Lives were lost during that terrifying “night of broken glass” but a key focus of the violent attacks that took place was property—the homes, buildings and businesses owned by Jewish people. Throughout the 1930s and ’40s, property of all kinds was systematically stolen from millions of people as part of Hitler’s horrific genocidal campaign against Europe’s Jewish community. That included many precious works of art. It is estimated that up to 20% of Europe’s cultural treasures were lost during world war two, and around 100,000 cultural objects pillaged during the Nazi era still remain hidden today. The horrific crimes of the Nazis can never be remedied, but there is action that we can take to return works of art to the people from whom they were stolen.
At the end of the last century, there was growing international awareness of the risk that looted art may have been inadvertently acquired by museums and galleries. That led to the 1998 Washington conference on holocaust era assets, where a number of countries, including the UK, pledged that they would work to identify treasures stolen by the Nazis and seek to return them to their rightful owners. Compared with other European countries, it seems that little looted art found its way to the UK, but that should not be an excuse for inaction.
In 2000, the previous Labour Government established the Spoliation Advisory Panel to consider claims from anyone who had lost possession of a cultural object in circumstances relating to the Nazi era. A problem arose in 2002, when the heirs of Dr Arthur Feldman sought the restitution of four old master drawings in the British Museum on the grounds that they had been stolen by the Gestapo from Dr Feldman’s collection in March 1939 in what was then Czechoslovakia. The British Museum wanted to return the objects, but the High Court ruled that it could not lawfully do so. No matter the moral case for giving property back to the heirs of its owner, the museum was under a binding statutory obligation not to give away items in its collection. Several other national institutions were also subject to the same restriction.
That and other similar cases were raised in Parliament in 2009 by Andrew Dismore, who was the MP for Hendon at the time. He brought forward a private Member’s Bill to remove the statutory restrictions on national institutions, such as the British Museum, that prevented them from returning works of art confiscated by the Nazis. With cross-party support, the Holocaust (Return of Cultural Objects) Bill received Royal Assent on 12 November 2009. It provides that the 17 national institutions named in the legislation have the power to return works of art to their rightful owners in cases where that is recommended by the advisory panel and approved by the Culture Secretary.
However, section 4(7) of the 2009 Act contains a 10-year sunset clause, meaning that the Act will cease to have effect after 11 November next year. After that date, the institutions named in the legislation will no longer be able to return works of art to Holocaust survivors or to the families of those who perished in the genocide. The Bill that I am seeking leave to bring in would keep the legislation on the statute book by repealing section 4(7) and thus removing the sunset clause.
Parliament was entirely right in 2009 to give our national museums the power to restore property lost in such terrible circumstances to its rightful owners. The legislation was subject to exacting scrutiny and was significantly amended and clarified during its passage through Parliament. It has worked well during its eight years on the statute book, resolving cases in a fair and balanced way. Take, for example, the 12th century manuscript known as the Beneventan Missal. The advisory panel concluded that the manuscript had been looted during the chaos that followed the Allied bombing of Benevento in 1943, and, with the approval of the Secretary of State, the missal was returned to Italy. In 2015, a John Constable painting from the Tate Gallery was restored to its owner after the panel concluded that it had been stolen when the German army invaded Budapest in 1944.
The 2009 Act is a carefully targeted measure that applies to a defined and limited period and set of circumstances, so it does not open the door for more contentious claims relating to objects brought to the UK in past centuries and under different circumstances. The Act has not had a disruptive impact on our national museums. When the proposal to keep the measure on the statute book was announced in 2017, it was warmly welcomed by the museum community. Today the director of the National Gallery, Dr Gabriele Finaldi, issued the following statement:
“The museum community is committed to fair and just redress in the case of works taken wrongfully during the Holocaust and World War II. It is fully supportive of the proposal to amend the Act by removing the so-called sunset clause.”
The task of identifying and returning objects that have an incomplete history during the relevant period is by no means at an end. As recently as last September, the Government hosted an international conference in London to consider how efforts to identify and give back works of art lost during the holocaust could be accelerated. The UK has been at the forefront of global efforts to resolve those cases in a fair way, and the 2009 Act has played an important part in that. The 2009 legislation had the backing of the last Labour Government, and my proposed Bill has the support of the current Conservative Government. I thank the Department for Digital, Culture, Media and Sport for its work, which has included engaging with the Scottish Government with a view to securing their support to reflect the fact that Scottish institutions are included in the list in the legislation.
There may still be potential claimants who are unaware of the location of artworks owned by relatives who died in the holocaust, so the moral case for this legislation remains as strong today as it was eight years ago. Indeed, the case is arguably stronger than it was in 2009. We have fewer and fewer holocaust survivors still with us. I take this opportunity to pay tribute to all the survivors who live in my Chipping Barnet constituency. I have had the great honour of meeting many of them during my years as their local MP. I thank them for all that they do to ensure that the current generation hears their testimony at first hand, as part of the efforts we must make as a society to ensure that the horrors of the holocaust are never forgotten.
Surely, it would be heartless and wrong to deprive the last survivors of their right to recover treasured works of art. Nothing can make up for the trauma and suffering of those who experienced the holocaust at first hand, or who lost loved ones in that horror, but at least we can give them back the precious works of art that were stolen from them. That is what my proposal is designed to achieve, and I commend this Bill to the House.
Question put and agreed to.
Ordered,
That Theresa Villiers, Bob Blackman, Dr Matthew Offord, Stephen Crabb, Ian Austin, Mr Edward Vaizey, David Evennett, John Mann, Andrew Percy, Charlie Elphicke, Mr Iain Duncan Smith and Andrew Rosindell present the Bill.
Theresa Villiers accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 27 April, and to be printed (Bill 182).
Holocaust (Return of Cultural Objects) (Amendment) Bill
Friday 8th February 2019
(5 years, 10 months ago)
Commons ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker (Dame Rosie Winterton)
I inform the House that the Scottish Parliament has approved a legislative consent resolution relating to this Bill, which is available in the Vote Office.
Theresa Villiers (Chipping Barnet) (Con)
I beg to move, That the Bill be now read a Second time.
Just over two weeks ago, Parliament held its annual debate in anticipation of Holocaust Memorial Day on 27 January, the anniversary of the liberation of Auschwitz-Birkenau. As we so often do in such debates, we saw the House of Commons at its best—recounting what happened, remembering the victims, commending the courage of survivors, and demanding that the lessons learned are never, ever forgotten. From across the House came stories of those who perished and those who survived, of the people who bravely stepped up and saved their Jewish neighbours and of those who stood by and did not. And from across the House came the clear commitment that we must never let antisemitism and racism go unchallenged, because we have horrific proof in our history of where that can lead. I believe that that is an appropriate background against which to consider the Holocaust (Return of Cultural Objects) (Amendment) Bill today.
This two-clause Bill has a simple objective: to retain on the statute book the Holocaust (Return of Cultural Objects) Act 2009, which would otherwise lapse on 11 November this year. My Bill would remove the sunset clause that is section 4(7) of the Act, with the result that it stays in force.
The case to save the 2009 Act is strong. It empowers a list of our national museums and libraries specified in section 1 to return items lost, stolen, looted or seized during the holocaust to their rightful owners or heirs. Prior to 2009, certain institutions, such as the British Museum and the British Library, were unable to return works of art to the people from whom the Nazis stole them because legal restrictions forbade them from giving away their collections. This was a bar even in cases when the museum was convinced of the merits of the claim and wanted to return the disputed item. Even where the Spoliation Advisory Panel established by the Government to look into these cases concluded that a fair outcome was restoration to the heirs of the original owner, that still could not be done.
The panel was set up following the historic declaration at the Washington conference of 1998, where representatives of 44 Governments from around the world came together to make a commitment to increase their efforts to identify and return Nazi-looted art and objects to the families of the original owners. The declaration recognised that the holocaust was a unique case that required specific measures on restoration of stolen art and property.
As well as the horrors of state-run industrialised mass murder, the Nazi campaign against Europe’s Jewish community involved the widespread and systematic seizure of property. Seizure of material possessions was central to the Nazi project. Throughout the long history of antisemitism in Europe, toxic tropes and lies associated with wealth, property and greed have been used again and again. Sadly, as last year’s debate on antisemitism showed, venomous and hurtful slanders are still deployed against Jewish people by some individuals today.
I never fail to be moved by the commemoration event hosted by Barnet Council to mark Holocaust Memorial Day. The theme for commemorations across the country this year was “Torn from home”. An emotional moment during Barnet’s commemoration came when a student from East Barnet School, Chloe Blott, read out a statement about her visit to Auschwitz, where she saw piles of front-door keys taken from new arrivals at the camp—keys that they no doubt hoped they might one day use to return to the homes from which they had been torn.
The Holocaust (Return of Cultural Objects) Act 2009 was passed with cross-party support after extensive scrutiny, and a legislative consent motion has been secured for my Bill from the Scottish Parliament. Examples of art returned under the 2009 Act include the Beneventan Missal, which was looted during the bombing of southern Italy in 1943, a John Constable painting stolen when the German army invaded Budapest in 1944, and three Meissen figurines seized in 1937 after the death of Jewish German art collector Emma Budge. This legislation is targeted and limited in scope to a specific period in history, a specific set of circumstances and specific type of object. It therefore has no bearing on wider debates about the potential return of museum objects to their countries of origin. It has worked well in practice, and the museum community has widely welcomed proposals to retain it on the statute book.
The volume of objects looted during world war two sadly means that there is still uncertainty about the full provenance of some of the cultural treasures housed in our national museums. Extensive work has been done by those institutions to check the origins and history of everything in their collections, but the task can probably never be fully and finally completed. I want to highlight the 2016 case in which the British Library returned a book to the family of its owner Karl Mayländer, an Austrian Jewish art collector who was deported to the Łódź ghetto and subsequently murdered. For technical legal reasons, that specific case was not dependent on the operation of the 2009 Act, but it illustrates an important principle. The book was valued at just £20, but Anne Webber of the Commission for Looted Art in Europe said
“every time a family gets a book back it always means a huge amount to them because it is something their relatives held in their hands and read and cared about”.
We all know that objects can provide a strong link to people we have lost. With that in mind, I want to read several comments from people involved in cases establishing the right to restore lost art and objects. Not all these submissions to the Commission for Looted Art in Europe relate specifically to the provisions of the 2009 Act, but they all illustrate the crucial principle that underlies it. The first says:
“Please accept our sincere feelings of gratitude for your attempt to undo some of the enormous evil. These books of our murdered grandmother…have seemingly turned from passive objects to be read into witnesses whose voice will be heard and treasured”.
Another family told the commission:
“I have a need to get this painting back. It was a present from my grandparents to my parents. I remember visiting the artist in his studio with my grandfather. I lost my mother, I lost my father, they were both murdered, it all just gets stronger.”
A third family said:
“Of all the pictures in the collection we are particularly pleased that this one has been rediscovered. It was one of the favourites of our grandparents and our aunt remembers it hanging on the dining room wall of her childhood home. As a young child she always liked it so much and she is so happy that she has had the chance to see it hanging in the family home again.”
Another family said:
“In a real sense, my family has been waiting for this moment for eighty years, when they fled Vienna with their lives and little else, and left their beloved art collection to an uncertain fate. I hope that this will serve as an example to other institutions and individuals, which may have objects that came to their collections through similar circumstances, that it is never too late to grant a measure of justice and compassion.”
The last comment says:
“70 years after the end of the Second World War, there are still many thousands of people looking for their looted property, objects that mean so much. These are not just impersonal items from a lost collection, but objects that carry a huge symbolic and emotional value, to many, part of the landscape of a lost family, of a life destroyed.”
Although, sadly, there is nothing we can do to make up for the pain of losing family members in the holocaust, the return of a book or a cultural object could provide a unique connection to one of those 6 million souls whose lives were cut short by humanity’s greatest crime. Two week ago, we paid many tributes to holocaust survivors in a debate to mark Holocaust Memorial Day. The respect we accord to these incredibly brave people should include restoring precious works of art stolen from them and from their families. I commend this Bill to the House.
Stephen Pound (Ealing North) (Lab)
I have no doubt that I speak with the approval of the entire House, and far beyond, in heartily paying tribute to the right hon. Member for Chipping Barnet (Theresa Villiers) for introducing this crucial legislation, particularly at this of all times. It is noteworthy that one of her Barnet predecessors—although not a previous Member for her constituency—Andrew Dismore, who was a regular attender on Friday mornings, also spoke with great passion about the return of the Parthenon marbles, and I have no doubt that he would have been here to support the Bill. It is also noteworthy that a legislative consent motion has been received from the Scottish Parliament, which shows the national support. We all feel the same.
The right hon. Lady spoke intensely powerfully about the emotional impact of objects. One of the things stolen from the victims of the holocaust that we can never return is their lives, or their hopes, their dreams, their culture, their community and their ambition. That can never be returned, and that stain on humanity will always be there, deep and dark, but what we can do is acknowledge the looting, the theft and the appalling way in which these priceless objects—many of them of religious significance—were ripped from those households and, in some cases, exhibited in the homes of the temporary victors within the Nazi party.
Imagine the agony of someone seeing their own cultural artefacts, perhaps a menorah or some other item of great symbolic or religious significance, being exhibited as a spoil of what was perceived to be a war. The pain must have been almost unendurable, which is why we in this country have to do what we can, with the support of our museums and all the cultural community, to return these items from whence they should never have been taken. Is it not a shame that we cannot legislate beyond these shores? Throughout the world there are many, many countries that still hold these artefacts and objects, which should be returned.
As we see in the reports of the Simon Wiesenthal Centre in the ’50s and ’60s, which list the number of paintings, we are talking not just about famous ones—the Rembrandts, Kandinskys and Chagalls and the ones we know about—but about many smaller paintings, many of which are family portraits. What could be more cruel than to have the portrait of a deceased relative, someone who had died in Auschwitz-Birkenau or in another camp—that painting, that memory, that link with that life—taken away and somehow treated as a piece of art that has a monetary value, not its spiritual and emotional value?
I find myself agreeing very much with the right hon. Member for Chipping Barnet on many occasions. She was a most distinguished Secretary of State for Northern Ireland, and when I held a minor office on the other side, I never had anything less than utter respect for her. That respect has grown even more today, but if the word “respect” is to be used in the Chamber today, it must be extended to those of the Jewish community and those Jewish relatives—the relatives of the holocaust. It must be extended to those people who suffered so grievously. We must show them not just the emotional respect that they are entitled to demand, but tangible respect, where we say, “We will do all we can to return to your home, to your hearts, to your hearths these objects that should never, ever have been taken away.” These objects are not stone, canvas, metal or paint—they are culture. They are the cultural embodiment of that community. They are the atoms that go to create that community. They are the very indication of what that community was, is and shall forever be.
Let us give the right hon. Lady a fair following wind with her Bill and let us spread the message even further, beyond these shores, that what we do today should be emulated throughout the world, in recognition of, and in some pale, minor recompense for, the greatest and most appalling crime the 20th century saw.
Gillian Keegan (Chichester) (Con)
It is a pleasure to follow the hon. Member for Ealing North (Stephen Pound), who gave a wonderful and powerful speech. I think we would all agree with every word he said. It is also a pleasure to participate in this debate and to support the Bill put forward by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who does so much to speak up for the Jewish community. As he says, it is particularly poignant to be discussing this, given that less than two weeks ago we were here marking Holocaust Memorial Day.
In my contribution to the Holocaust Memorial Day debate last month, I raised the story of Simon Gronowski, who survived the holocaust and managed to escape the gas chambers of Auschwitz after being thrown by his mother from a moving transportation train in 1943. I had the honour of welcoming him to Parliament last week, where community groups from Chichester staged an opera that was based on his life story. Simon lost his mother and his sister in the gas chambers. He also lost his home and his possessions. He lived out the rest of the war in hiding, being cared for by another family.
Simon’s story is unique—it is as unique as it is inspirational, after he forgave the collaborator who put him on the train—but his experience of discrimination and loss is very common. The 1930s and 1940s were marked by Jewish people and minority groups having their property stolen and precious objects confiscated. In many countries occupied by the Nazis, special departments were set up to organise the stealing of Jewish property and items of value. Money, houses, jewellery and works of art were the most common items stolen. As recently as 2012, the state prosecutor in Augsburg, Germany, discovered and confiscated more than 1,400 framed and unframed paintings stolen by one of the Nazi war profiteers, Hildebrand Gurlitt. It is estimated that about 100,000 items still have not been repatriated to their original owners or families, having been looted by the Nazis between 1933 and 1945.
In my view, one that I am sure will be shared by every Member who participates in this debate, there should be no time limit on trying try to right the wrongs of the past by returning lost possessions to the families affected by these atrocious crimes. By scrapping the original expiry date, as clause 1 would do, we will be following the precedent of most other European countries, such as France and Germany, which do not have time limits on survivors and their heirs making claims.
It was absolutely right that in 2009 Parliament enacted legislation to allow our museums to return items looted during the Nazi era. Thanks to the work of the Spoliation Advisory Panel, 23 works of art have been successfully returned since it was set up in 2000. We have a moral duty to ensure that any other items held by our museums and galleries that were stolen in such awful circumstances are returned to their rightful owners. As has been argued before, many may simply be unaware that they are in possession of such pieces.
Although not many objects have been discovered in Britain, we should not treat that as a reason to shut the door on heirs and families making claims in future. After all, these objects were cruelly and illegally stolen from victims who were often left with nothing. That is why I am pleased to hear that the Government have given their full support to scrapping the so-called sunset clause of the 2009 Act. As I have said, there should be no time limit on our attempts to right the wrongs of the past. As the hon. Member for Ealing North said, we cannot undo the insidious crimes inflicted by the Nazis, but we can make sure that survivors and heirs have their rightful property returned to them. This is a moral duty as much as any other.
In 1998, 44 states committed themselves to the Washington principles, which sought to make sure that possessions ransacked by the Nazis were returned to their rightful owners and families. If we do not amend the 2009 Act to remove the sunset clause, we will do ourselves a great disservice in the upholding of our international and moral agreements, which is why I give my full support to the Bill.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I join my hon. Friend the Member for Ealing North (Stephen Pound) in praising the work of the right hon. Member for Chipping Barnet (Theresa Villiers) in introducing this timely Bill, which enjoys cross-party support.
I rise to speak about a curious personal story. Last year, I found out from my mum that her mum was Jewish—something that my sister and I did not know. As someone who prides themselves on being a massive gay, it has added an extra dimension when talking about rising hate. Not only would those evil Nazis not have liked me because I have fallen in love with someone of the same sex, but they would not have liked me because of the background of someone I never actually met. That is really timely, because the objects that we are talking about tell personal stories. They are not just the grand paintings that we can see in national galleries; they are the personal stories and personal objects of the people so cruelly killed by the Nazis. It was not just the Jewish community, but people from a lesbian, gay, bisexual and transgender background, trade unionists, socialists, Gypsies, Roma and the people with disabilities who were so inhumanely slaughtered in the pursuit of a corrupt and broken ideology. That is really important.
The removal of the sunset clause is a really important part of the Bill. I looked back at the debates in this place from 2009, when the sunset clause was described as
“on the one hand, sufficient time to facilitate claims and identify objects, and, on the other,”
enough time to give
“certainty for the public collections concerned.”—[Official Report, 26 June 2009; Vol. 494, c. 1045.]
Those were the words of Andrew Dismore. We should send the message from this House that although that sunset clause was deemed appropriate a decade ago, we should now remove it and allow the original legislation to continue in perpetuity, because the message that would send about those looted artefacts—be they worth millions, or if their value lies in a family’s personal connection to an object once held by a family who are no longer here—is incredibly powerful.
Just as we spoke about the need to remember those people who were lost in the holocaust with Holocaust Memorial Day only a few weeks ago, it is important that we tell the stories about why it is so important to continue to stand up against hate in all its forms. As the Member of Parliament for the oldest Ashkenazi synagogue in the English-speaking world, which is in Plymouth—a place not many people would expect to find it—I know how important it is that we tell the stories about the Jewish community and those communities that were attacked by the rise of the far right. Whether they are communities with a lot of people or, as in Plymouth, much smaller communities, we must tell the story of why we must stand up to rising hate, be it from those people we oppose or, importantly, when it comes from people who in many cases share similar values to ourselves. It is very important not to allow the creeping cancer of antisemitism into our politics and communities. I support the Bill strongly and wish it the best of luck as it goes through the parliamentary process.
Kevin Foster (Torbay) (Con)
It is always a pleasure to follow the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), especially as he represents my birthplace and my home town. Sadly, as he will know, the Freedom Fields Hospital is no longer there; it is now a housing estate. There is something else that we share, which is support for this Bill, and it makes eminent sense to take it forward.
The hon. Member for Ealing North (Stephen Pound), who has sat through one or two of my speeches on a Friday—they were slightly longer than this one will be—will be relieved to know that I have no intention of looking to beat one of my Friday records today. [Interruption.] I hear the disappointment from the Front Bench, but I certainly do not want to put this Bill in jeopardy by attempting to do that. It is absolutely right that, with this Bill, we look to remove the 10-year time limit and the sunset clause from the 2009 Act. I can understand why, perhaps a decade ago, Parliament thought that these matters may be resolved or that we should allow a period for review. It clearly makes sense to allow claims to be made; we should not just have a legal cut-off date that was picked a decade ago. There are not just practical reasons for that, but symbolic ones as well.
We must remember that the goal of the Nazis was not just to murder their victims, but to annihilate all trace of them and to annihilate all trace of the Jewish people. They did not just murder those who were living; they demolished cemeteries, burned down synagogues and sought to erase the entire culture from Europe. That is why it is so important that where these artefacts are preserved and retained, they are returned so that they can be exhibited and shown by families again as a reminder of what once existed.
Let us be clear: the Nazis had exactly the same plans for the United Kingdom had they managed to cross the channel and invade us in 1940. The SS had already drawn up a list of several thousand people to be executed almost immediately—they were literally going to work through it A to Z. The list comprised not just political or military opponents, but anyone involved in the cultural life of this nation, because they wanted to annihilate them and subjugate the culture to their own perverted ideology in which they replaced the Bible with “Mein Kampf” and any other god in which people believed with a belief in Adolf Hitler. Thankfully, many of our forebears, including those whom we commemorate in this Chamber, stood firm against that regime, paying a terrible price for doing so, and actually brought to an end its dominance and its reign in Europe.
It is now right that we continue to commemorate and remember those who suffered and who were murdered. As was touched on by the hon. Member for Plymouth, Sutton and Devonport, it was not just the Jewish community who suffered and were annihilated, but homosexuals and anyone who defied the Nazis. None the less, they put great emphasis on the Jewish people. Even today, there is one European city that is paved in cobbles. When those cobbles are turned upside down, one can see that they are Jewish headstones that have been used to pave the streets. Again, that was all part of the Nazis’ mission to demolish the whole community and to remove any trace of it. For me, one of the greatest victories against National Socialism is the fact that the victims are remembered. While the Nazis are condemned in history for their actions, their brutality and their murderous crimes, their victims are remembered as the people they were, as the culture they represented, as the hopes, the dreams and the aspirations that they all had that were snuffed out in a bizarre, murderous craze that gripped the extremists of the National Socialist movement.
I am conscious that others wish to speak and that we are pressed for time. This Bill is very worth while. I welcome it and look forward to it achieving its Second Reading today.
Maggie Throup (Erewash) (Con)
I congratulate my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) on her stewardship of this small but important piece of legislation to remove the sunset clause contained within the original Holocaust (Return of Cultural Objects) Act 2009.
As a Parliament, as other Members have said, we recently came together to mark Holocaust Memorial Day with a Backbench Business debate during which we remembered the 6 million Jewish men, women and children who were systematically murdered by the Nazi regime. Although this dark episode in global history may grow more distant with every year that passes, these horrific crimes against humanity must not, and will not, be forgotten. The history of what happened on the continent of Europe during this period is often viewed through the prism of what we know happened at Dachau, Belsen and Auschwitz.
To understand the full extent of the holocaust and its lasting effect on victims and their relatives, we must also understand the events that led up to the final solution. From Hitler’s rise to power in 1933 to the passing of the Nuremberg laws in 1935 and Kristallnacht in 1938, the Nazis first marginalised and then set about eradicating the Jewish population with increasing speed and intensity. One major element of the programme was the looting and pillaging of around 20% of Europe’s cultural treasures, including hundreds of thousands of pieces of artwork owned by the Jewish community, and it is estimated that some 100,000 cultural objects remain hidden.
It should be recognised that since the war, UK institutions have been at the forefront of efforts to identify objects with uncertain provenance. Since it was established in 2000, the Spoliation Advisory Panel has advised on 20 claims concerning looted artwork. In the case of 23 cultural objects, either they have been returned to their rightful owners or compensation has been paid out.
The Holocaust (Return of Cultural Objects) Act 2009 has been instrumental in facilitating this process, which had been hindered by rules governing the disposal of such items from UK collections. Although I have no doubt that the consultation conducted prior to the introduction of the legislation was sincere in its conclusion regarding the need for a time limit, it has become increasingly clear that we have a moral obligation to the last remaining survivors and their families to continue to allow UK institutions to reunite them with looted objects beyond the 11 November deadline, which is fast approaching. Therefore, I offer this Bill my full support. Although we will never be able to make right the atrocities of the past, we can and should right this small injustice. I again congratulate my right hon. Friend the Member for Chipping Barnet on her work on breaking down these barriers, and I look forward to the success of the Bill.
Peter Heaton-Jones (North Devon) (Con)
I echo Members from across the House in congratulating my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) on her stewardship of this extraordinarily important Bill. Other Members have reflected on the power of physical objects, and that was brought home to me about 18 months ago when my mother passed away in the summer of 2017 and I became the custodian of a small box of family heirlooms. To my shame and regret, I had never really looked at them in the 54 years in which I could have done so, and I was perhaps not aware of their significance. Inside the box were some war medals, which had been awarded to my paternal and maternal grandfathers. I only met one of them; my mum’s dad was known to me, but my dad’s father died when my dad was only a very young boy, in 1930.
I had never seen those medals before, and, clearly, I never had the opportunity to meet my grandfather, but the physical act of holding the medals in my hands demonstrated the strong emotional power of physical objects and the connection that they can provide to the past. I can only imagine that that is multiplied 10 times, 100 times or 1,000 times in the case of Jewish communities in which families suffered so awfully in the holocaust. That is why it is so important that the physical objects in question are returned to the families, as my right hon. Friend’s Bill seeks to do.
The holocaust is an horrific stain on human history. The murder of more than 6 million individuals cruelly cut short their lives and potential. It is worth remembering the full horror of it, with whole villages being taken into the forests and killed, and millions being deported from their homes. As my fellow Devon MP the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) reminded us so well, it extended beyond the Jewish community to encompass Gypsies, the Romany and the gay community. It was an utterly shameful part of history.
Those horrific crimes can never be remedied. As well as taking those people’s lives, the Nazis stripped them of their possessions and property. Indeed, it is estimated that 20% of what we regard as Europe’s cultural treasures are in fact the rightful property of the Jewish families who suffered in the holocaust. We must therefore do everything in our power to ensure that Nazi-looted works of art are returned to their rightful owners.
Knowing that my right hon. Friend’s Bill was being debated today, I did a bit of research on why the sunset clause was introduced in the 2009 Act. It is intriguing that one would ever have believed it was right to say that there is an arbitrary cut-off point of 10 years beyond which it would no longer be appropriate or possible to return such objects. When one looks into the history, one can see, to some extent, the thought process that was in force at the time. In 2006, prior even to the introduction of the original legislation, there was a consultation in which the majority of respondents agreed that as time passed it would become more and more difficult to determine the rightful ownership of some of these objects and some of this property.
That might have seemed sensible and measured at the time, but, as my right hon. Friend has so powerfully demonstrated in her speech today and in others that she has made on this subject, we have learned as we have gone on that actually what was right then—what was rightly achieved by the 2009 Act—is just as right now. There is still plenty of opportunity and plenty of work to be done to identify the rightful owners of some of these objects and to return them in the same way. That is why I am very pleased to be supporting this Bill today. It is absolutely right that we amend the 2009 Act to remove the sunset clause due to take effect on 11 November this year and thereby extend these provisions indefinitely so that we can try to right some of the wrongs of the past.
During my research, I was very struck by some of the comments that my right hon. Friend made when introducing this Bill, when she said better than I certainly could why this is important:
“Surely, it would be heartless and wrong to deprive the last survivors of their right to recover treasured works of art.”—[Official Report, 13 March 2018; Vol. 637, c. 754.]
That is exactly the essence of this Bill. It removes the sunset clause. It allows items stolen during the holocaust to be returned to their rightful owners indefinitely. It is an important piece of legislation and I am pleased to support it wholeheartedly.
Tom Watson (West Bromwich East) (Lab)
I thank the right hon. Member for Chipping Barnet (Theresa Villiers) for bringing this important Bill to the House today. I am glad to say that it has the support of both the Government and the Opposition. She spoke with her customary dignity and authority on an issue on which she has not only served her constituents well but served the British Jewish community well—and, indeed, the Jewish community throughout the world. That is perhaps why the Bill has enjoyed so much support across the House today. I was particularly impressed with the speech by the hon. Member for Torbay (Kevin Foster) and his allusion to the idea of the Nazi Kulturkampf, because we know that if we eradicate culture, we are halfway towards eradicating humanity.
Devon has been well represented in the Chamber today. The hon. Member for North Devon (Peter Heaton-Jones) spoke movingly of his parents and of his grandparents who served their country with great valour. I am sure that they would have been proud of his speech. I could not help but be moved by the short contribution by my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard), who found out last year that he was actually Jewish. He is part of a richer cultural heritage for that, and he should be very proud that he has that heritage in his family.
I was also moved, as ever, by the contribution by my hon. Friend—my very old friend—the Member for Ealing North (Stephen Pound), who spoke very movingly about the power of physical objects and paid tribute to the work done on this Bill by Andrew Dismore, the former Member of Parliament for Hendon and current London Assembly Member for Barnet and Camden.
As a former Friday Whip, I remember him well. Once, after he had spoken for three hours, he said, “Mr Speaker, as I begin to conclude,” and everyone cheered. But then he added, “my opening remarks,” and everyone let out a breath of dismay. He was a great Friday Chamber Member.
However, Andrew Dismore also worked tirelessly to get the Act through the House back in 2009—even rolling out his sleeping bag and sleeping on the floor of the Public Bill Office overnight to make sure he had a high enough slot to get it heard, and how proud we are of him for doing that. He was the driving force behind Holocaust Memorial Day, introducing the private Member’s Bill that established it in 2001. He was always, and has always been, outspoken against antisemitism and helped to highlight the work of the great Holocaust Memorial Day Trust. Let me use this opportunity to also praise the work of the Holocaust Educational Trust—an institution dear to my heart and, I am sure, to all of us in the Chamber—which is ably led by the wonderful Karen Pollock.
The holocaust was one of the worst events in human history. I do not need to rehearse the facts about the millions of lives extinguished and the millions more changed forever. The horror of the Shoah will never be forgotten, and we must pay thanks to the important work of all the organisations that make sure the world will never forget.
The Bill addresses a very important subject: the return of cultural objects looted by the Nazis. During the Nazi reign of terror, millions of precious cultural objects were stolen from the Jewish community. Some have been recovered, but many thousands remain missing. As the hon. Member for Erewash (Maggie Throup) so ably noted, around 100,000 objects stolen by the Nazis are still missing today. It is estimated that 20% of Europe’s cultural treasures were lost during world war two.
Nothing can undo the horror of that period, but we should do everything we can now to reunite cultural objects that surface with their rightful owners. More than 70 years on from world war two, there are still families who have not been reunited with heirlooms that rightly belong to them. As many survivors of the holocaust are passing away, it is vital that their descendants have confidence that this Parliament and this Government are committed to ensuring that they get back what is rightfully theirs, and I hope this debate will assure them that we are.
The Bill repeals the sunset clause in the Act brought in by the Labour Government in 2009, which gives our national museums and galleries the power to return these special cultural objects on the recommendation of the Spoliation Advisory Panel. Since the panel was established in 2000, 23 cultural objects taken by the Nazis have been returned to their rightful owners, and we must ensure that the panel can continue its vital work. Some of those treasures have been referred to already. The right hon. Lady mentioned the John Constable painting that was stolen by the Nazis after the invasion of Budapest, which was returned by the Tate in 2015. The 800-year-old manuscript the Beneventan Missal has also been returned.
The panel has carried out its work fairly and delivered justice to the families of those whose precious possessions were stolen. It works in co-operation with our national museums and galleries, which support its work and are in agreement on the urgency and necessity of returning stolen objects to their owners.
As the right hon. Lady said, this is carefully targeted, specific legislation that works well. Once the Bill has passed, which I hope it will soon, the panel will be able to continue its important work. It is particularly important for those whose stolen possessions have, sadly, still not been found that, once they are, the Bill will give them the power to get back what is theirs. Also, for those who may not even know about this process, and may not even harbour a hope of getting back what their families once treasured, the Bill should give them that hope.
It is important that we support this cause and the moral beliefs underpinning it when the spectre of antisemitism is on the rise once again. I was horrified to read in the news just days ago that antisemitic hate crimes hit a record number in 2018. That is something that should scare and anger us all, and we must do everything in our power to stamp it out.
Before I congratulate the right hon. Lady on bringing in this important Bill, let me just reflect on what the hon. Member for Torbay said about the wider symbolism beyond this Bill that unites this House. Such unity is borne out of a commitment to oppose antisemitism in all its forms, wherever it exists and in every institution, and it requires a zero-tolerance response.
As we unify and commit to supporting this Bill, let us not forget our honourable colleagues on both sides of the House who have been the subject of death threats, the subject of racist abuse, the subject of misogynistic abuse and the subject of bullying and antisemitism. As the deputy leader of my party, let me say to my friend and comrade, my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger), as I do to honourable colleagues facing that abuse, that she has our solidarity and she has our support as she battles the bullying hatred from members of her own local party. They bring disgrace to the party that I love.
I would like to end by thanking the right hon. Member for Chipping Barnet once again for her work on this vital Bill, which delivers a small amount of justice to those who have suffered so greatly.
Madam Deputy Speaker (Dame Eleanor Laing)
Before I call the Minister, I want to add on behalf of the whole House that I am sure every Member of this place would echo what the hon. Gentleman has just said about the hon. Member for Liverpool, Wavertree (Luciana Berger). She has the support of us all, and we must all stand together to stand up for her and defend her in every way possible. We must root out the sort of behaviour that is going on, which has no place in our free democracy.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Mims Davies)
It is an honour to speak at the Dispatch Box on this important Bill, and to follow the Opposition spokesman, the hon. Member for West Bromwich East (Tom Watson). In the poignant words at the end of his speech, he spoke about a loss of culture being equated with the loss of humanity. The last time I spoke at this Dispatch Box, it was on discrimination in sports and on the fact that ugly acts of hatred are not welcome in sport. Such acts are not welcome in any part of our society or any of our political processes. The Government absolutely recognise that and will stand up for people subjected to such vile hatred.
There is therefore good reason to come together to support the very thoughtful words in the introduction from my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). With moving passion, she made a thoughtful speech, and I would like to recognise the broader work that she does. She mentioned that 6 million souls were lost to families and communities in the holocaust, and that stark reminder was echoed by the hon. Member for Ealing North (Stephen Pound). My hon. Friend the Member for Chichester (Gillian Keegan) spoke about a constituent of hers saying that there was no time limit on righting these wrongs. We also heard the personal story of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard).
I thank my hon. Friend the Member for Torbay (Kevin Foster) for his, as ever, very thoughtful words. He spoke about remembering the impact of the aim to annihilate and subjugate, how culture was not to be supported and how families’ precious items were part of the murderous demolition. There was another thoughtful speech from my hon. Friend the Member for Erewash (Maggie Throup) in support of this important Bill, and we heard from my hon. Friend the Member for North Devon (Peter Heaton-Jones) about the physical connections and preciousness of family objects. That is why the Government support this Bill, and we see it as an absolute imperative to do so. The Government’s view remains that it is correct to right the wrongs that took place in the Nazi era, and when it comes to cultural objects lost in such circumstances, we must provide fair and just solutions for families who suffered persecution.
As we have heard, an estimated 20% of Europe’s cultural treasures were stolen or plundered by Nazi Germany, mostly from Jewish families, and more than 100,000 works remain lost and are presumed to be in private collections. Despite their valiant efforts, the monuments men—a band of art historians, museum curators, professors and other unsung soldiers and sailors in the allied armies’ monuments fine arts and archives sections—could not bring everything home to those who wanted it. A massive volume of cultural artworks was lost, including works by Vermeer, van Gogh, Rembrandt, Raphael, Leonardo, Botticelli and many other artists.
Stephen Pound
I apologise for interrupting the Minister who, as ever, speaks powerfully and from a well-informed position. Given her comments about the immensity of the task, does she recognise that today we are able to send out a message to victims of the other genocides? I think particularly of the Armenian genocide of 1915, when an entire community was treated just as foully and appallingly. Does she agree that we could send out a signal to the wider world that we are finally seeking some recompense for those sins and crimes of the past?
Mims Davies
Today, we are focused on a particular issue, but we are speaking about an extremely solemn area. I served on the Cultural Property (Armed Conflicts) Bill Committee, and the Bill rightly became an Act. We must look more broadly, because throughout history so much culture has been lost on a truly astronomical scale, and we must send a message that there is no time limit when people have suffered injustices. It is right to continue on our mission of returning looted art, which is no less important now than it was then. As we have heard, there is a clear consensus across the House that we want to do the right thing, and we in the UK are sending out a message because we have a perfect piece of legislation that enables us to do that.
The Holocaust (Return of Cultural Objects) Act 2009 allows 17 cultural institutions in the UK to return objects lost between 1933 and 1945, and it enables them to do that effectively, by using the appropriate advisory panel. Today, we heard about the importance of having a fair and just way of returning to people those cultural objects lost during the Nazi era. The institutions covered by the 2009 Act are statutory bodies that would otherwise be prevented from doing that by Government legislation, and therefore returning those objects would be too difficult. The Act from 10 years ago ensures that we can continue to reunite objects with their claimants, alongside the advisory panel, and supported by the Secretary of State.
We heard about the Beneventan missal, which was the first item to be returned under the 2009 Act. That fine example of a 12th-century manuscript was in the possession of the British Library, and a claim was first considered by the Spoliation Advisory Panel in 2005. The panel concluded that the manuscript was looted and should be returned to its rightful owner, and for that to be possible, it recommended the introduction of legislation to permit the restitution of such objects. In the absence of such legislation at the time, the British Library sought to agree a long-term loan of the missal to Italy. Only after the introduction of the 2009 Act was the claim referred back to the panel, and the missal was finally returned to the place where it had been lost after the allied bombing in September 1943. The return of the missal became highly symbolic for the city of Benevento and its cathedral, and they were delighted to have it back. It is now kept in the chapter library, attached to the cathedral, which was rebuilt after damage sustained during the war.
The principle of correcting past injustices, as exemplified in this case, has not been affected by the passage of time. In fact, arguably that principle is strengthened as memories start to fade, as we have heard today. It is not necessarily easy to make sense of what happened more than 70 years ago. With fewer survivors among us, we must rely increasingly on written testimony and second-hand accounts.
On Holocaust Memorial Day this year, my Department was incredibly fortunate to hear the personal testimony of Harry Bibring, a holocaust survivor who told us how his parents sent him and his sister, who were both in their early teens at the time, on the Kindertransport to England, along with 10,000 other children aged from nine months to 16 years. Sadly, they never saw their parents again. There are many such stories still to be told. We must continue to listen and seek redress where we can. The Bill is the right legislation to allow that process.
Today, Sir Nicholas Serota, director of the Tate from 1988 to 2017, and the National Museum Directors Council’s lead on spoliation from 1998 to 2017, issued the following statement:
“The UK has been an international leader in responding to the challenges associated with Spoliation claims. The creation of the Spoliation Advisory Panel in 2000 established a model and a procedure that has been adopted by other countries. In recent years, new claims have become less frequent, but there is a strong moral case to remove the ‘sunset’ clause that provides for a time limit on cases being considered. It is important that potential claimants should not feel that the door is being slammed in their face.”
It is worth noting that claimants are unlikely to be able to pursue a legal claim for the return of their property through the courts. Referral to the Spoliation Advisory Panel is, in nearly all cases, the sole remaining route for pursuing the return of cultural objects lost in these circumstances. Just last week, the Government announced that the UK has joined four other European countries—Austria, France, Germany and the Netherlands —to form a new network for increasing international co-operation on the return of works of art looted during the Nazi era. The UK has always sought to lead by example, so it is absolutely right that we all support the Bill.
Theresa Villiers
I would like to express my gratitude to all right hon. and hon. Members who have taken part in today’s debate and expressed support for this important Bill, particularly both Front Benchers, and to Department for Digital, Culture, Media and Sport officials, who provided me with a helpful briefing and support on this important matter. I associate myself with all comments in which Members have, once again, made a commitment that we will not tolerate antisemitism in any form whatsoever. I very much hope that the House will support my Bill.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
Holocaust (Return of Cultural Objects) (Amendment) Bill (First sitting)
Wednesday 27th February 2019
(5 years, 9 months ago)
Public Bill CommitteesRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text Read Debate Ministerial Extracts
The Chair
Welcome to the Public Bill Committee on the Holocaust (Return of Cultural Objects) (Amendment) Bill. May I ask that those present switch their electronic devices to silent? I have already done mine.
Clause 1
Holocaust (Return of Cultural Objects) Act 2009: repeal of sunset provision
Question proposed, That the clause stand part of the Bill.
Theresa Villiers (Chipping Barnet) (Con)
May I say what a pleasure it is to serve under your chairmanship, Sir David? I thank all Members present for agreeing to serve on the Committee.
This is a simple two-clause Bill with a simple objective: to retain on the statute book the Holocaust (Return of Cultural Objects) Act 2009. Section 4(7) of that statute is a sunset clause, and means that the legislation will cease to apply after 11 November this year. Clause 1 of the Bill would repeal section 4(7) and thus leave the 2009 Act to continue in operation indefinitely. This private Member’s Bill enjoyed strong cross-party support when it was introduced as a ten-minute rule Bill and on Second Reading. No amendments have been tabled.
For the following reasons, I hope the Committee will feel able to support the passage of Bill to Report and Third Reading on Friday 15 March. The 2009 Act was introduced as a private Member’s Bill by Andrew Dismore, the then Member of Parliament for Hendon. Mr Dismore was noted for talking out many such Bills, but thankfully on that occasion he was strongly supportive. He was backed by both sides of the House, and by the other place. His legislation allows 17 UK national museums and other institutions listed in section 1 to return cultural property lost, seized or stolen during the Nazi era to its rightful owners. Those institutions include the British Museum, the British Library and the National Galleries of Scotland.
Property can be returned following a recommendation by the Spoliation Advisory Panel, with the agreement of the Secretary of State for Digital, Culture, Media and Sport. That panel of experts was established in 2000 by the Government to advise on claims for cultural objects lost or stolen during the Nazi era. It formed part of the follow-up to the historic Washington conference, where 44 Governments pledged to redouble and renew their efforts to return cultural property removed during that era, defined as 1933 to 1945.
Until the 2009 Act became law, certain national institutions were unable to give effect to a recommendation to return an object, because their governing legislation prevented them from transferring ownership of items in their collection, except in very narrow, specified circumstances. An example of that kind of legal constraint can be found in section 5 of the British Museum Act 1963.
Clause 2 covers territorial scope and commencement. The 2009 Act and the Bill both extend to England, Wales and Scotland, but not to Northern Ireland. A number of the institutions specified in section 1 of the 2009 Act are located in Scotland. I am pleased to inform the Committee that a legislative consent motion has been passed by the Scottish Parliament in relation to the Bill, and I am very grateful to the devolved Government for their support. None of the institutions covered by the 2009 Act is located in Wales or Northern Ireland, so no legislative consent motion is necessary from those parts of the United Kingdom.
Although much information is available about the items held in our national art collections, research into the provenance of items that changed hands during the Nazi era is ongoing, and potential claimants may still be unaware of the location of objects that used to be in the possession of their families. I also emphasise that the narrow and specific nature of the 2009 Act means that it has not had a destabilising effect on collections held in our national museums, with only a modest number of cases being determined under its provisions, and nor has this narrowly drawn piece of legislation had an impact on wider debates about the potential return of cultural objects to their countries of origin. There is widespread acceptance that the horror of the holocaust and the systematic attempt to wipe out an entire race and its culture make it a unique case that justifies a unique response.
There is significant support for retention of the 2009 Act among the museum community. For example, Sir Nicholas Serota, the former director of the Tate Gallery, has said:
“In recent years, new claims have become less frequent, but there is a strong moral case to remove the ‘sunset’ clause that provides for a time limit on cases being considered. It is important that potential claimants should not feel that the door is being slammed in their face.”
The Government expressed support for keeping the legislation on the statute book at the London spoliation conference in September 2017, and that announcement was warmly received. The Commission for Looted Art in Europe, which does excellent work in this area, has also given its backing to the legislation that is under consideration today.
I hope I have been able to outline clearly how this two-clause Bill will operate and why it should be supported today. In closing, I reflect on Second Reading, when hon. Members spoke movingly about the important reasons they had for supporting the Bill. A number of them made the point that, in addition to the appalling mass murder that took place, the Nazi persecution of Jewish people involved a deliberate and systematic attempt to wipe out all trace of Jewish culture. As my hon. Friend the Member for Torbay (Kevin Foster) put it:
“We must remember that the goal of the Nazis was not just to murder their victims, but to annihilate all trace of them…They did not just murder those who were living; they demolished cemeteries, burned down synagogues and sought to erase the entire culture from Europe. That is why it is so important that where these artefacts are preserved and retained, they are returned, so that they can be exhibited and be shown by families again as a reminder of what once existed.”—[Official Report, 8 February 2019; Vol. 654, c. 562.]
I believe that provides a powerful summary of why this Bill is needed, and I close my remarks, as I did on Second Reading, by quoting a family involved in this type of case. One family seeking restoration of property told the Commission for Looted Art:
“Whether it’s a painting or a book or a porcelain jar, every object represents the life and lives that were lost. Their restitution restores a personal connection, a link with those lives so utterly transformed or destroyed by the Nazis. Hitler’s project was to erase the Jews from history. But by recovering objects and documenting their owners, restitution also returns those people to their families and to the historical record.”
There is no justification for applying an arbitrary time limit to the Holocaust (Return of Cultural Objects) Act 2009. That legislation has worked well and it is still needed, and I commend this Bill to the Committee.
Lyn Brown (West Ham) (Lab)
As we all know, the theme of Holocaust Memorial Day this year was being “Torn from home”. In the speech I made that day, I took the opportunity to speak about the way the Nazis’ attacks on Jewish people began slowly and escalated painfully. The attacks on lives were harrowing, because each new law, each new confiscation and each new theft of property was compounded by the awful, awful events that followed. We talked about how being torn from home was about the destruction of a whole way of life and a whole culture.
Of course, what was lost can never really be recovered, but we have a duty to respect, to remember and to understand that history, and to keep those memories alive. That takes a lot of work. Tragically, it is important to say that that work has never been more important than it is today. Each year, we lose more survivors of the holocaust—people of exemplary courage, resilience and moral fortitude who have suffered so much. We lose those who have taught us so much about not only the horrors they were subjected to but the ways in which the disease of antisemitism spreads: through lies and conspiracy, through baseless and manipulative accusations of disloyalty, and through an insidious, creeping and escalating dehumanisation of a people.
In recent years, we have seen a sharp rise in antisemitism across Europe, at home in our communities and, tragically, in our political parties. On the Friday we discussed this excellent Bill, other hon. Members mentioned the Community Security Trust, a group that I admire and thank. It has provided me with so much personal support in the work I have done over the years on community cohesion. The trust has released its report on antisemitic incidents in the UK in 2018, in which it has recorded a massive 1,652 incidents. That is the highest annual figure on record—more than 100 incidents every single month. I can only imagine how scary that must be.
We must all redouble our efforts to reject the politics of fear, division and conspiracy. As the right hon. Member for Chipping Barnet said better than I, that change starts here, and it continues with this Bill. In that spirit, we are expecting to have a new holocaust memorial near Westminster in 2022, and like other hon. Members here today, I hope it will be very near here. The Imperial War Museum is due to open a new permanent holocaust gallery in 2021, which I also warmly welcome.
Returning stolen cultural objects wherever possible is an important part of this project. Returning artworks and cultural objects is not just about undoing the past but about recognising it and, frankly, about justice. Millions of people had their lives and their futures stolen by the holocaust, but we must remember that property was stolen too, and tens of thousands of objects stolen at that time are likely to remain hidden. Ultimately, we do not know how many cultural objects stolen and looted from the Jewish community by the Nazis are still in collections here or how many have not been returned within the lifetime of the 2009 Act so far.
That is why it is absolutely right that the Act is extended by this important Bill. The destruction wielded by the holocaust was intended to destroy a culture, a history and all the rich memories of that culture, that history and that people. For those who have lost family, the testimonies show what an important emotional experience it can be to have possessions returned to them. It is right that the named 17 institutions are able to make these experiences possible, as I am sure they will all want to.
In my final remarks, I pay tribute to the right hon. Member for Chipping Barnet, who has spoken so passionately and articulately about this Bill, for her tireless work on this issue. We must all ensure that what was stolen and can still be returned is returned, and we must create every single chance for some fragments of justice—however small in comparison with the enormous injustice of the holocaust—to be done.
Paul Masterton (East Renfrewshire) (Con)
I want to speak briefly, partly to put on record my thanks and the thanks of the Jewish community in East Renfrewshire to my right hon. Friend the Member for Chipping Barnet for bringing this Bill forward.
More than 50% of Scotland’s Jewish community live in East Renfrewshire, and I can say without hesitation that this Bill has their unequivocal support. The local Jewish community strongly opposed the sunset clause when it was first introduced, partly for the reasons explored in today’s debate. It is no surprise that claims are still coming forward only sporadically; given that some holocaust survivors have only recently found living family members, it is hardly surprising that it has taken longer and been harder to find objects that were in their families’ possession.
There is a worry that if holocaust survivors or their heirs were prevented from having property restored to them simply because they became aware of an object’s continued existence and location only after several decades, we would be doing a huge disservice to all those who lost their lives in the holocaust. As was explored by the hon. Member for West Ham, a completely arbitrary time bar entrenches one aspect of the holocaust in perpetuity. Property was stolen, expropriated, forced to be sold or transferred under duress, with the sole intention of destroying any memory of the Jews, their culture and their history. Being able to continue to return property is a very small part of what is a hugely important process for our Jewish communities.
David Linden (Glasgow East) (SNP)
It is a pleasure to serve under your chairmanship, Sir David. Like the hon. Member for East Renfrewshire, I rise briefly to offer my full support for this Bill and to the right hon. Member for Chipping Barnet.
On a day when, sadly, the reputation of this House has once again been brought into disrepute by offensive comments about the Jewish community, we are reminded again of the horrors of the holocaust and its devastating consequences. It is estimated that 20% of Europe’s cultural treasures were stolen by the Nazis, most notably from Jewish families, and that over 100,000 of those works are still lost, presumed to be in both private and public collections.
Even though many of the survivors are now passing away, their children and heirs still want the transparency, accountability and justice that was promised, and the restitution of what was taken and never returned. I welcome the fact that Her Majesty’s Government and the House have recommitted to this issue, and I am pleased to support the Bill that is before the Committee. I wish it a speedy passage.
Andrew Percy (Brigg and Goole) (Con)
I will make a small contribution to, of course, support the legislation, but also to pay particular tribute to my right hon. Friend the Member for Chipping Barnet for her work on this issue.
As the hon. Member for West Ham referenced, the Bill offers us an opportunity for further education. At a time when the scale of holocaust denial is rising, both in this country and across Europe and the world, we have an opportunity to once again explain the full horrors of the holocaust, including, of course, the concentration camps and the dehumanisation of people, but also the dispossession of people in such an inhumane way.
While we are on that subject, I pay particular tribute to the Czech Memorial Scrolls Museum at Westminster synagogue—the synagogue that I attend—which demonstrates what that theft of property resulted in. It contains 1,100 scrolls that were stolen by the Nazis and recovered after the war. Those scrolls were preserved for one reason only: so that once the Nazis had concluded their murder and killing of the Jewish community, they could create a sick museum to a wiped-out and eradicated race of people.
That decision by the Nazis was totally disgusting, but those scrolls are now in the possession of the Czech Memorial Scrolls Museum, and they are used for educational purposes. They could not be returned to their communities, because those communities do not exist anymore. Those scrolls are used in services all around the world, and now act as a reminder of the horror, hate and theft undertaken by the Nazis. I encourage all right hon. and hon. Members to visit that museum and to encourage that educational work to continue. This legislation is limited and narrow, but it is so important, and it offers us another opportunity for education.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
It is a pleasure to rise, albeit briefly, to support this important Bill and to once again thank the right hon. Member for Chipping Barnet for having brought it forward. She has been assiduous in doing so, and in all the other work she does in the House against antisemitism. The strength of support across parties for her Bill, and also against antisemitism, is a credit to her.
I support the Bill legally, morally and in terms of justice. Justice cannot be time-barred, and remembering the holocaust cannot be time-barred either. It is important that we pass that on to future generations, and that future generations also have the opportunity of restitution. As the hon. Member for Brigg and Goole just said, it is unfortunate that so many people seek to deny the holocaust. It is therefore important that we work together to put in place measures such as this and, collectively, to do all we can, and all that is right, to ensure that it does not happen.
Antisemitism is on the rise in society and in politics, from the left and the right. I have experienced it myself. All party leaders must act—I have said that before, and I say it again. As parliamentarians, it is important that we act. Today, we act together and send out a strong signal that there is collective cross-party support for the Bill, not just in the UK Parliament in Westminster, but in our Scottish Parliament. I wholeheartedly thank everybody who has been involved.
Kevin Brennan (Cardiff West) (Lab)
I thank everyone who has spoken, including my hon. Friend the Member for West Ham. I also thank my hon. Friends the Members for Bassetlaw and for Ilford North, who are here in support of the Bill and who have done tremendous work themselves in this area over the years.
I congratulate the right hon. Member for Chipping Barnet on bringing this important Bill to Committee. I am happy to confirm that it has the full support of Her Majesty’s loyal Opposition. She spoke once again with great force and authority on this issue. In doing so, she does a great service to not only the British Jewish community and the Jewish community throughout the world but humanity as a whole. The Bill says that the sun should never set on justice and righteousness, and that principle, despite its application to the uniquely horrifying episode that was the holocaust, nevertheless carries universal force in its message of human redemption.
I was privileged some years ago to travel with a group of MPs, prominent figures and sixth-formers to visit Auschwitz-Birkenau. It was one of many such visits organised by the Holocaust Educational Trust, led by its inspirational chief executive Karen Pollock and supported by the then Government. I am glad to say that the scheme exists to this day. Anyone who has undertaken that visit could not help but be horrified by the capacity for human depravity exemplified in the industrialisation of death at the Birkenau death camp, or to be moved to renew their pledge to fight antisemitism and oppose the politics of racism and hatred. The Bill is a small practical manifestation of the fulfilment of that duty, and I thank the right hon. Lady for piloting it thus far.
I also pay tribute, as the right hon. Lady did, to the work done by Andrew Dismore, the former Member of Parliament for Hendon and a current London Assembly member. He was rightly praised by the shadow Culture Secretary, my hon. Friend the Member for West Bromwich East (Tom Watson), on Second Reading. Andrew Dismore worked tirelessly to get the original Act, which the Bill seeks to extend, through the House in 2009—even sleeping on the floor of the Public Bill Office overnight, as one used to have to do, to ensure that he had a high enough place in the ballot to get his Bill heard.
Andrew Dismore also introduced the private Member’s Bill that established Holocaust Memorial Day in 2001. I recently attended the Welsh national Holocaust Memorial Day event in Cardiff city hall, and other hon. Members will have attended their own events. We heard from the First Minister of Wales, Mark Drakeford, and from Renate Collins, who was “torn from home”, which was the theme of Holocaust Memorial Day, as my hon. Friend the Member for West Ham said. As a child, Renate Collins was evacuated from Prague in 1939, and she came to live in Wales, where she still lives.
As we know, the holocaust was one of the worst events in human history, with millions of lives extinguished and millions more changed forever. The fact that it happened on our continent, in the heart of western civilisation, is a reminder of why we must be constantly vigilant against antisemitism and all forms of racism and remember that genocide starts with casual prejudice—in the dehumanisation of others who are deemed different by virtue of religion, ethnicity, lifestyle or sexuality. That such horror could be perpetrated, not just by those directly involved, but because of the indifference of others in the general population, should make us all reflect on what Hannah Arendt called the banality of evil and on our own roles in actively preventing it from taking root. Let us give thanks to the important work of all organisations that ensure that the world will never forget.
The Bill addresses an extremely important subject: the return of cultural objects looted by the Nazis. During the Nazi reign of terror, millions of precious cultural objects were stolen from the Jewish community. Some have been recovered, but many thousands remain missing. It has been estimated that around 100,000 objects stolen by the Nazis are still missing. We should do everything we can to reunite cultural objects that surface with their rightful owners. More than 70 years from the end of world war two there are still families who have not been reunited with precious artefacts that rightly belong to them.
As many survivors of the holocaust reach the sunset of their lives, it is vital that their descendants have confidence that this Parliament is committed to ensuring that the sun does not set on their ability to recover what is rightfully theirs. The Bill, as we have heard, repeals the sunset clause provision of the 2009 Act, which gave our national museums and galleries the power to return these special cultural objects on the recommendation of the Spoliation Advisory Panel.
Since 2000, 23 cultural objects taken by the Nazis have been returned to their rightful owners, including a John Constable painting, stolen by the Nazis after the invasion of Budapest, which was returned by the Tate in 2015. We must ensure that the panel can continue its vital work. It has carried out its work fairly and delivered justice to the families of those whose precious possessions were stolen. It works in co-operation with our national museums and galleries, the directors of which I addressed at their council meeting at the Science Museum yesterday. They support the panel’s work and are in agreement on the urgency and necessity of returning stolen objects to their owners.
This is a carefully targeted, specific piece of legislation that works well. It is particularly important for those whose stolen possessions have, sadly, still not been found. For those who might not even know about this process and might not even harbour a hope of getting back what their families once treasured, the Bill can also give hope.
When I undertook that visit with the Holocaust Educational Trust over a decade ago, the spectre of antisemitism might have seemed, to some, to be on the wane, but it is clearly on the rise again, with antisemitic hate crimes, as my hon. Friend the Member for West Ham mentioned, hitting a record number in 2018. That should anger us all, and we must do everything in our power to face it down, including by supporting honourable colleagues from all parties who have been the subject of death threats, racist and misogynistic abuse, bullying and antisemitism. I once again thank the right hon. Member for Chipping Barnet for all the work she has done on this vital Bill, which delivers a small amount of justice to those who have suffered so greatly.
In closing, let me say that I had the pleasure in 2017 of watching the Liverpool Everyman theatre production of the beautiful musical “Fiddler on the Roof”, which included—I hope no one minds my mentioning this—my brother Patrick in the starring role of Tevye. Colleagues will know that it tells the story of a Jewish family in Russia who were forced from their home by the pogroms that were the precursor of the ultimate obscenity of the Nazi holocaust. In thinking of the Bill and what it seeks to do, the words of one song my brother sang in that production came to mind:
“Sunrise, sunset, sunrise, sunset
Swiftly fly the years
One season following another
Laden with happiness and tears.”
As the years fly ever more swiftly by, let us hope that the right hon. Lady’s Bill, in removing the sunset clause, will bring a small ray of happiness to some victims’ families, as they contemplate through tears the horror that befell their relatives because good people did too little, too late to stand up to evil.
The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Michael Ellis)
I start by thanking all colleagues who have spoken so powerfully this afternoon. This is one subject where we should all speak as one. Let me say on behalf of Her Majesty’s Government that we strongly support the Bill. As a nation, we must continue to pursue every effort to track down and return cultural objects lost during the Nazi era, when families were wrongfully and criminally dispossessed of these items, often in the most vicious and cruel way.
Our national museums take these issues very seriously, as they should, and they have been working to identify objects in their collections with uncertain provenance from between the years 1933 and 1945. That research is held on a recently upgraded online database, which is actively maintained by editors from the 47 contributing UK museums, and co-ordinated by the Collections Trust on behalf of the Arts Council.
Theresa Villiers
I rise briefly to provide a brief summary of some of the comments in this excellent discussion of the two clauses of the Bill. Making a guest appearance on the Front Bench has been a bit of déjà vu for me. I am deeply grateful to the Minister for the Government’s support, and I am also grateful for the strong support that everyone who has taken part in the debate has expressed for the Bill.
Being present in Parliament for debates on the holocaust never fails to move me; it is always harrowing. No matter how many times I hear the facts recounted and the stories told, it is always moving and, frankly, disturbing and distressing to know that this happened on this continent within living memory. As many have said, the Bill is another opportunity to stand up to the holocaust deniers and to reiterate our strong commitment against antisemitism and the horrors to which it can lead. In this Committee, the House has spoken clearly with one voice on that matter.
The hon. Member for West Ham emphasised the insidious nature of antisemitism and highlighted the grave concerns felt about recent increases in antisemitic incidents. With many other Members of this House, I will be meeting the Community Security Trust at its annual event this evening. I am sure we will have important discussions with it on these matters. I wholeheartedly endorse the hon. Lady’s rejection of the politics of fear and conspiracy, which are fuelling antisemitism.
My hon. Friend the Member for East Renfrewshire spoke movingly about his constituents’ strong support for the Bill, and I am grateful for that. As he said, there should not be a limitation period on the semblance of justice that we can deliver via the return of treasured objects to the families of people from whom they were seized or stolen.
The hon. Member for Glasgow East gave his support and highlighted the staggering figure that 20% of Europe’s cultural treasures are believed to have been lost, stolen or misappropriated during the Nazi era. That demonstrates the scale of the task and the importance of ensuring that the 2009 Act stays on the statute book.
My hon. Friend the Member for Brigg and Goole highlighted that, at a time of holocaust denial, it is important for us all to stand up against the extremists who perpetrate these falsehoods. He also said that this is an opportunity to reflect on the horrors of the holocaust. I was grateful to him for his words about the Czech Memorial Scrolls Museum.
The hon. Member for East Kilbride, Strathaven and Lesmahagow—I am not sure I have pronounced that entirely correctly—rightly said that future generations should still have the opportunity of restitution of precious objects owned by their relatives who perished in the holocaust, and that we should all act together, across parties, to send a strong signal about our support for that process.
The shadow Minister, the hon. Member for Cardiff West, spoke movingly, saying that the sun should never set on justice and righteousness, and told us about his visit to Auschwitz-Birkenau and the horrors that took place there. Like him, I would like to praise Andrew Dismore, which is something I have been cautious about, as we have battled against him in Hendon for many years. However, in this regard, he did a great service by taking through the 2009 Act. It is not an easy business to turn a ten-minute rule Bill into legislation, but he did it. We should pay a strong tribute to him for his role in creating Holocaust Memorial Day.
Finally, I thank the Minister for the Government’s support today, and the Department for Digital, Culture, Media and Sport for its administrative support and briefings on the Bill. I hope the Committee will support the two clauses, and I commend the Bill to Report and Third Reading.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Holocaust (Return of Cultural Objects) (Amendment) Bill
Friday 15th March 2019
(5 years, 9 months ago)
Commons ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text Read Debate Ministerial Extracts
Theresa Villiers (Chipping Barnet) (Con)
I beg to move, That the Bill be now read the Third time.
As I will set out, the Bill seeks to address one of the consequences of the holocaust, still felt some 70 years or so after the events in question. As we prepare to reflect in this debate on the horrors to which hatred, prejudice and extremism can lead, I join others in expressing my shock and revulsion at what happened in New Zealand overnight. There is something deeply evil about attacking people in their place of worship. That the individuals responsible apparently planned, organised and even filmed this atrocity shows a truly appalling and stomach-churning degree of barbarity and callousness. I extend my support, sympathy and solidarity to everyone who has been injured, bereaved or harmed as a result of this terrible crime. I send my sympathies to all who are anxious and afraid as a result of what has happened, perhaps even including some of my own constituents.
Wes Streeting (Ilford North) (Lab)
I say to the right hon. Lady, as the co-chair of both the all-party group on British Jews and the all-party group on British Muslims, that Islamophobia and antisemitism are fellow travellers. She spoke powerfully about the events in Christchurch, and everyone in the House will share those sentiments. I do not plan to speak in this debate because I am conscious that there are other private Members’ Bills to be considered, and I know how frustrating it is when we cannot get on to business on which there is consensus, but I wish warmly to congratulate the right hon. Lady, because the progress of this Bill, from where it started to where we are now, has been no mean feat. It would not have happened without her hard work, perseverance and determination, and without cross-party support, so on behalf of my constituents, I thank her most warmly and sincerely.
Theresa Villiers
I warmly thank the hon. Gentleman for what he said. He is so right: today of all days is an opportunity for everyone in this House to stand up and condemn antisemitism, Islamophobia, and racism and prejudice in all their forms. [Hon. Members: “Hear, hear!”]
As the hon. Gentleman just outlined, the Bill has enjoyed strong cross-party support at all stages in Parliament, including from the Government and the Opposition Front-Bench team. I thank them for that support, and I thank right hon. and hon. Members who took part in the debates on Second Reading and in Committee, and who supported the ten-minute rule Bill with which I started this process.
The objective of this two-clause Bill is to ensure that the 17 national museums listed in section 1 of the Holocaust (Return of Cultural Objects) Act 2009 are able to return to its rightful owners property that was lost, seized, stolen or looted during the Nazi era. Clause 1 will achieve that by removing section 4(7) of the 2009 Act. That provision is a sunset clause that will otherwise remove the 2009 legislation from the statute book on 11 November this year.
The 2009 Act is still needed. It started life as a ten-minute rule Bill introduced by Andrew Dismore, who was then the MP for Hendon. As colleagues will be aware, it is rare for the ten-minute rule Bill procedure to deliver a change in the law, but in that instance Andrew Dismore’s persistence prevailed. I very much hope that this Bill, which also started through the ten-minute rule process, will succeed in rescuing the legislation that Andrew managed to get through Parliament 10 years ago. Hopefully, this ten-minute rule Bill will come to the rescue of a previous one.
The 2009 Act addressed a problem that had arisen in relation to a number of our national museums such as the V&A, the National Maritime Museum and the National Portrait Gallery. As set out in its second and final clause, the Bill covers England, Wales and Scotland, but not Northern Ireland. Some of the institutions specified in section 1 of the 2009 Act are located in Scotland so, as the House has been told, a legislative consent motion has been secured from the Scottish Parliament.
The governing statutes of the 17 institutions listed in the 2009 Act mean that they could not restore property seized by the Nazis to its owners or their heirs, because the legislation underpinning their rules forbade them from giving away items in their collection, except in limited and specific circumstances. This restriction operated even when the institution in question believed that the claim had merit and wished to return the item to the heirs of the original owner.
The problem is illustrated by a case considered in 2008 by the Spoliation Advisory Panel established by the Government to consider claims of this nature. It considered a dispute over two pieces of porcelain from a Viennese collection, one in Fitzwilliam Museum and one in the British Museum. The panel recommended the return of the one in the Fitzwilliam, but felt it could not do so in relation to the other because of legal restrictions in the British Museum Act 1963. A similar problem had arisen in 2006, when the British Museum was unable to return four old-master drawings to the heirs of Dr Arthur Feldman, from whose collection they had been looted by the Nazis in March 1939.
The 2009 Act resolved the problem and enabled property from national museums to be returned, if that was recommended by the Spoliation Advisory Panel and approved by the Secretary of State for Digital, Culture, Media and Sport. The 2009 legislation is supported by the museum community, which has warmly welcomed the intention to remove the sunset clause through this Bill.
A significant proportion of Europe’s cultural treasures went missing during the Nazi era. As time passes and memories fade, there are likely to be fewer claims, but there continues to be a strong moral case for keeping the 2009 Act on the statute book. At a major conference on spoliation in September 2017, the UK Government reaffirmed their determination to live up the commitments made 18 years previously at the Washington conference on looted art. At that historic conference, 44 countries pledged to work for the restoration of property seized during the Holocaust era.
As several Members said during debates on the Bill, the evil of what happened in the Holocaust is unique in human history. Millions of people had their lives cruelly cut short in the greatest crime in human history. Millions more lost friends and relatives; sometimes their whole family was wiped out. Sadly, there is nothing we can do to reverse those appalling losses, but we can at least keep open the hope of the return of lost treasures, when they are identified in our museums, galleries and libraries.
Neil O'Brien (Harborough) (Con)
My right hon. Friend is again making an incredibly powerful speech. I do not understand why a sunset clause was put into the original legislation. She is quite right that we must remove it with this Bill, which I hope will pass, but why was such a clause put into the legislation in the first place?
Theresa Villiers
It is not entirely clear. The debates on the 2009 legislation did not seem to indicate a great problem of instability. I can only assume that there was concern that the legislation might have a destabilising effect on the collections in our national museums, but although a number of cases have been determined as a result of the operation of the 2009 Act, the reality has been that such cases have been relatively small in number. If there were fears about uncertainty, instability and provoking claims, they have not materialised in practice.
I commend the Commission for Looted Art for its excellent efforts in trying to secure fair outcomes in cases of this nature. The commission shared with me comments and thoughts from a number of families involved, some of which I read out in my speech on Second Reading. I found those comments deeply moving, and what came across clearly from them was the emotional value of being reunited with an object treasured by a loved one who died in the Holocaust, and that a lost relative had held in their hands and valued—for example, books owned by a much-loved grandmother; a painting given by a claimant’s grandparents to his parents; or a favourite painting that used to hang on the dining room wall of a family home. The Nazi regime engaged in systematic confiscation, looting and theft from Jewish people.
Rachel Maclean (Redditch) (Con)
I am fascinated to hear my right hon. Friend’s argument and wonder what her response is to some of the opponents of this Bill who claim that the routes available are available only to the rich and that, sometimes, when objects are returned from museums, that deprives the general public of an opportunity to see these priceless works of art. I would be fascinated to hear her thoughts on that.
Theresa Villiers
My response is that this legislation opens the way for all who have reason to believe that an object owned by their family member is in one of our national institutions. It is not confined to helping people from a particular family background. It really is important for people at all levels to have the chance—the opportunity—to retrieve an item of property that once belonged to one of their relatives. In response to those potential critics that my hon. Friend has mentioned, I think that I would continue to make the case that it is right and proper and fair that if an item was seized by the Nazis, it should be returned to its rightful owners or to their heirs.
Bob Stewart (Beckenham) (Con)
May I ask my very good friend whether the Bill has any provision for the people who looted this treasure, took it away and then presumably sold it on, or possibly gave it away, because they were acting illegally? Personally, when I have come across looted churches and mosques, I have been involved in securing that property and making sure that treasures are kept there until someone responsible can take possession of them. I am concerned that these people seem to have got away with just stealing this stuff.
Theresa Villiers
I am grateful to my hon. Friend for that intervention. No, I am afraid that the scope of this Bill is defined and narrow and relates to specific circumstances to enable our national museums to return looted property. However, there are provisions within the criminal justice system and the system of international law that are aimed at bringing to justice those responsible for crimes committed during the Nazi era.
The goal of those behind the holocaust went even beyond mass murder and mass killing. The evil men and women responsible also wanted to wipe out all traces of Jewish culture in Europe, and confiscation of property was a significant part of that repulsive project, so returning books and artworks covered by the legislation is not really about their monetary value. It is about restoring to people a tangible physical link with a lost loved one, and it is about the conservation of memories and culture that the Nazis wanted to eliminate.
My Chipping Barnet constituency is home to a number of holocaust survivors. I pay tribute to all of them for their courage and dignity and for the work that so many of them do to recount their stories to try to ensure that we never ever forget what happened. We owe it to them to enable this small recompense—the return of cultural property—to continue.
James Cartlidge (South Suffolk) (Con)
I am very grateful to my right hon. Friend. This is a very, very good Bill. I was brought up in her constituency, and, like Mr Speaker, born in Edgware. Many of my friends and neighbours were of the Jewish faith. Some of them had been in concentration camps, or had family members who had perished there. Fundamentally, there should be no sunset clause on the memory that we keep permanently as a society of that terrible outrage, so that we never forget it and therefore repeat it.
Theresa Villiers
I wholeheartedly agree with that sentiment.
I would like to close my speech today, as I did on Second Reading, by reading out the thoughts of a family involved in one of these types of cases, not necessarily one directly determined under the 2009 Act, but one that expresses very clearly the underlying principle that we are considering today. Speaking of some paintings that were returned to them, one successful claimant told the Commission for Looted Art:
“They mean so much because these paintings symbolise that lost pre-war world and provide the last link with lives which were utterly destroyed or irrevocably transformed by the Nazis. The objects reflected the character and taste and personality of their owners. Stealing them was another form of taking the people themselves. It’s the meaning of these looted works of art that is central to why restitution is so important. In stealing property, the Nazis made no distinction between rich and poor. They took from both equally and they took everything. And by taking every part of people’s lives, the Nazis were also taking the evidence that people had once lived. So restitution is one way of restoring the dead to the living. That the restitution of looted artworks remains an issue almost 70 years after the war attests to that significance—and not to their financial value.”
Today’s horrific news from the other side of the world shows the horrors that hatred and extremism can lead to even in the modern world. At a time when antisemitic incidents are rising, it is more important than ever to stand up against all forms of hatred, racism and Islamophobia. This Bill is one way in which this House can do that.
Supporting this Bill provides a way to signal that we will not tolerate antisemitism or other forms of hatred, that we will always condemn it and that we will seek to root it out wherever we find it. Supporting this Bill is a way to demonstrate that we will never let the lessons learned from the holocaust to be overlooked or forgotten. Supporting this Bill is a way to show the respect that we bear for holocaust survivors who held on, suffered unimaginable trauma and survived against the odds, and I commend it to the House.
Rachel Maclean (Redditch) (Con)
It is a huge pleasure and a privilege to follow my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who has promoted this Bill. She has spoken movingly and with great authority and knowledge about this horrific act of barbarity that has affected her constituents, and, of course, the many people who suffered under the horrendous acts of the Nazis.
I fully support this Bill—this very simple Bill—and my right hon. Friend has outlined why it is needed. As she said, we can see that particularly on a day like today, when we have woken up to the awful news of what happened in Christchurch.
Bob Stewart
My hon. Friend talked about the Nazis, but we must also remember that a lot of stuff was taken from the national museum in Iraq and other places. This Bill, I hope, covers that sort of looting as well—I think that it does.
Rachel Maclean
I thank my hon. Friend very much for his intervention. In fact, I was going to mention that as a theme in my speech, but I defer to my right hon. Friend the Member for Chipping Barnet, because I do not believe that that is in the scope of this Bill. Perhaps there is scope for future legislation in this House.
I will confine my comments to the importance of the Bill’s achievements, as well as paying tribute to the work of the Spoliation Advisory Panel. I understand that the panel has managed to return 23 objects to their rightful owners. My right hon. Friend kindly took my intervention earlier, which I made because I wanted to clarify some of the criticism that I have come across while doing my research ahead of today’s debate. I certainly do not share the opinion that it is wrong to restitute these articles to families who have lost them or have been deprived of them, but I wanted to ensure that we had properly scrutinised this legislation, because that is our role as Members of Parliament.
My right hon. Friend explained very well that losing an article that is so precious to the memories of a family means losing an object that underpins the memories that are passed down through generations. It is therefore absolutely right that descendants with living memory of these articles and artefacts, who have been deprived of them, are able to go to the panel and have their claims examined in a proportionate way, resulting in the restitution of those items to their rightful owners. We live in a free society that is underpinned by the rule of law and justice. It is extremely important that we uphold those principles, because they are the basis of a free society in which people can get rightful restitution when they have been wrongfully deprived of their own property, even if that happened in the past.
It is right to address the question of what happens if an article is in a museum and has a wide audience, but these are difficult decisions that have to be weighed up carefully. I am reassured that the panel is an expert one, and that it would of course take such matters into account. At the end of the day, I think all reasonable people would agree that it is absolutely right to return stolen property to its rightful owner. I am proud that the UK, which has been supporting the panel, has been an international leader in responding to the challenges associated with these kinds of claims.
So why is it right to revoke the sunset clause? When the Holocaust (Return of Cultural Objects) Act 2009 was introduced, I think that it was initially felt that 10 years would be enough time as the evidence may have deteriorated after a longer period, making it too difficult to address claims. I am sure that the Government have reviewed this issue during the consultation and decided that it is right to allow this important Act to continue its work, because there are still descendants for whom these artefacts are in living memory.
Kevin Foster (Torbay) (Con)
Does my hon. Friend agree that this law would simply remove a statutory time bar so that the whole system does not fall? There will still be the need to prove a case and provide evidence, which may be more difficult as the years go on, and it is less likely that relatives will be found. Without this Bill, a claim would fail purely because this law had fallen after reaching its sunset date.
Rachel Maclean
My hon. Friend makes the point that the Bill is, in a sense, a technicality. It is therefore right that we pass it today to allow this important work to continue.
It is important that we all take a little time today—when we have more time than normal, given the heated debates that we have in this place—to reflect on why it is so important again to raise the issue of the Holocaust. I am sure that many colleagues attended Holocaust Memorial Day commemorations just recently; I attend the event in Redditch. It was a fantastic day of commemoration not only of the holocaust, but of acts of hate that occur in all societies and cultures. In fact, my hon. Friend from—sorry, I forget his constituency.
Bob Stewart
Beckenham—the centre of the world. All roads lead to Beckenham.
Rachel Maclean
I think they lead to Redditch; but from there to Beckenham. My hon. Friend reminded me that this problem is not just confined to the Nazi period. In fact, when one culture attacks another, it comes for the cultural artefacts first, because the most effective way of trying to wipe out a civilisation is to destroy memories and stories that people tell about a culture and its people. It is evil and barbarous, and we must turn our face against it.
The days of commemoration in our local communities are so important, because we have to continue to talk about the holocaust, including with young people. We may have seen off the Nazis, but we are now seeing how important it is to see off other forms of hate that target people because of their ethnicity, their race, who they worship, who they love and who they live with. We have to stand firm against that in our communities and schools. I am proud to pay tribute to a local school just over the border from my constituency that is attended by many young people. Studley High School is a beacon school for the Holocaust Educational Trust, and it was an absolute honour to be there and see the students performing a fantastic piece on Holocaust Memorial Day.
I am delighted to support this Bill and I very much hope to see it passed today. Thank you for allowing me to contribute to the debate, Mr Deputy Speaker.
Victoria Prentis (Banbury) (Con)
It gives me great pleasure to speak in this debate and to follow such powerful speeches. I pay tribute to my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) for the enormous amount of work that she has done. I was not able to speak on Second Reading, but she has made moving speeches on both occasions.
It is perhaps appropriate that on a Friday, we are talking about religion and its effect on our legal lives and our family lives. As I said in the previous debate, this is a very sad day for the world, as we have seen a horrific Islamophobic attack—it is a modern attack, and the unpleasantness of the filming as well as the planning really gets us where it hurts. It is good that occasionally we in this House can talk about religion and its effect on the way we live our lives, the way we love and the way we die. It is appropriate that we are talking about holocaust artefacts on such a day, though it is of course very sad.
As my right hon. Friend said, the Nazis wanted to annihilate a whole race, and getting at their possessions was a particularly pernicious way of doing that. Obviously, mass murder is the worst thing that can be done, but there are other means of annihilation, such as the non-registration of births.
Bob Stewart
I totally agree with my hon. Friend, but I want to reinforce the fact that the Nazis stole from anyone they did not like. Although they took mainly Jewish property, they also took property from other people; it is not just Jewish people.
Victoria Prentis
I accept what my hon. Friend says. One reason I became involved in the all-party parliamentary group against antisemitism is my family’s Romany heritage. That is not something we talk about often, but it gives us a link in some small way to the horrors of what happened in Nazi Germany. I am also involved with the APPG for Gypsies, Travellers and Roma. It is important to think about what is done to races as well as individuals. Today, we are broadly talking about Jewish artefacts. The Nazis wanted to destroy the religion by destroying its possessions as well as its people. That is why it is important that, 70 years on, we are still thinking about this.
Possessions are very important to us. I have a ring that belonged to my granny, which she wore every day. I do not wear it every day, possibly because, as a jeweller once said to me, my lifestyle is slightly more hands-on than that of my granny. I do not think it would survive the wear and tear of the life of a Member of Parliament, but I enjoy wearing it, and it makes me feel close to her.
Even more precious personally, though certainly not in terms of money, is a coral necklace owned by my daughter that was passed down to her after being owned by seven generations of my husband’s family. We have a portrait of the lady to whom it first belonged. It is a rough and ready portrait, doubtless done by a jobbing painter, of a little girl wearing this very same coral necklace, with a cat. This is a lady whose name I do not even know, but I know that we feel close to her because of that artefact. Things mean a great deal to people, and that is moving for members of my family. The connection is very real, but it is so much more so when we know that that ancestor was murdered and that we can never meet their children—say, those of our great-aunt—because they never existed.
This Bill is on an issue that really gets us where it hurts. The Holocaust (Return of Cultural Objects) Act 2009 is clearly still needed. These artefacts are all over the place. When a race or group of people are destroyed, so many papers and documents get destroyed, and the people who would have inherited many of those artefacts are not born, so it is very difficult to prove ownership. People alive today may not even be aware that they have ownership of these articles, but it matters, and it is important, so I commend this Bill.
Julian Knight (Solihull) (Con)
I pay tribute to my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who is respected and acknowledged throughout this House as a champion not just of her own constituency but of communities across the UK, and the Jewish community in particular.
There can be few if any constituencies in the whole of our country that are not affected by the shadow of the holocaust. In Solihull, we hold a remembrance service every year. Not too long ago, I was privileged enough to hear a holocaust survivor address pupils at Tudor Grange School in Solihull about what she and her family have gone through. I am sure that every other Member has had similar experiences and that they are aware, as I am, that we are increasingly among the last people who will have the opportunity to do so. Too soon, the last of those who lived through the camps will pass on, and the opportunity to hear their stories at first hand will pass with them.
As the atrocities of the Nazis start to depart from living memory, it is more important than ever that we renew and live up to our promise to the Jewish people, the Roma and the other victims of the holocaust: never again. This is especially true in the light of the growing plague of antisemitism running rampant in this country right now. I never thought in my lifetime in this great country that I would have to utter such words. It really is unimaginable, but it has come to pass once again. I am horrified to read online the testimonies of many Jewish people who are, for the first time, feeling apprehensive or even afraid about their future in this country. It is simply an absolute disgrace, and I believe that every single one of us has a duty to do everything we can to combat antisemitism and racism in all its forms and to make this country safe and welcoming to people of all communities. The horrors of the holocaust can never be undone, but that just makes it all the more important that we do everything we can to deliver justice and redress for the remaining survivors and their descendants. I am therefore very pleased that my right hon. Friend has introduced this Bill and that the Government are giving it their full support.
I understand why the drafters of the original Bill chose to insert a sunset clause. They were doubtless conscious of the important role the institutions named in the 2009 Act play in preserving cultural artefacts both for the nation and for humanity. They were right, too, to recognise that over time the evidence base for claims could only grow thinner, and they were acting in accordance with the views of a majority of respondents to the original 2006 consultation. However, it is clear that they were mistaken in their belief that a single decade would be enough to resolve any outstanding claims.
In fact, although the number of new claims is falling, I understand that there remains a huge amount of work yet to be done when it comes to tracing the origins of possibly looted artefacts. Anne Webber, the co-chair of the Commission for Looted Art in Europe, has said that relatively little of the relevant provenance investigatory work has in fact yet been undertaken. Furthermore, any worries about the potential for our great museums and galleries to get bogged down by a succession of increasingly difficult to resolve claims must surely be assuaged by the fact that not only have new claims been less frequent in recent years, but the museum community itself is strongly supportive of my right hon. Friend’s campaign to lift the sunset clause.
It is only just that we continue to offer redress to the relatives and descendants of those whose treasures were plundered by the Nazis for as long as we are able to do so. There may in future come a time when as much has been done as can be done to verify the provenance of individual pieces and the window of opportunity for returning them to their rightful owners has finally closed, but it is clear from the testimony of Ms Webber that this time has not yet arrived and may not for many years to come. We ought, therefore, to hold the door open for just restitution for as long as we possibly can.
Bob Stewart
My hon. Friend probably knows the answer to this, but I do not. The question is: how are we going to be absolutely clear which people are the rightful owners? Is there a system to work that out—is it the legal system or what is it?
Julian Knight
That is an interesting question, and there are people in the museum communities much more qualified to answer it than I am.
Theresa Villiers
Let me provide reassurance on this issue. Establishing ownership obviously involves looking at the facts of the case. The 2009 Act provides for that to happen with the oversight of the Spoliation Advisory Panel, and its recommendation to return property is sent to the Secretary of State for Digital, Culture, Media and Sport. That is the process—the facts are considered, the panel assesses them, and the Secretary of State decides whether to approve the recommendation to return the property.
Julian Knight
I thank my right hon. Friend for that clear explanation, and I am delighted to have been an interlocutor between her and my hon. Friend the Member for Beckenham (Bob Stewart).
Theresa Villiers
Yes it has legal force when establishing the ownership of property, and the 2009 Act removes the legal barrier to recognising correct legal ownership.
Julian Knight
I shall move on.
This Bill should not be seen as a rebuke to those who drafted and passed the original Act 10 years ago. The whole point of sunset clauses is that they make us revisit previous pieces of legislation, test their underlying assumptions and decide in the light of new evidence and experience whether and how to update the law. That is good legislative practice.
In this instance, after a decade in operation it is clear that the work of the Holocaust (Return of Cultural Objects) Act 2009 is far from done. We do not know how many more items may yet prove traceable to legitimate owners once proper provenance work has been done, and it would be perverse to make it impossible for institutions to return such items in future in order to uphold what has proved to be an arbitrary deadline. The Bill provides us with an opportunity once again to renew our covenant with the Jewish people and all the victims of the holocaust, reflect on the crimes of national socialism and reiterate our commitment to pursuing justice for its victims. I am therefore proud to offer the Bill my full support, and I hope that Members across the House will do the same.
Kevin Hollinrake (Thirsk and Malton) (Con)
It is a pleasure to speak in this debate on this important Bill, and I express my strong support to my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) and congratulate her on her work. This Bill is refreshingly brief but hugely symbolic, and it is right that works of art and other cultural items be returned to their rightful owners. These were unthinkably horrific crimes. It is sad that today we witness other religious crimes in Christchurch, and our thoughts and prayers are with the loved ones of the victims there.
We recently commemorated the 80th anniversary of the Kindertransport when 10,000 children were brought to the UK from Germany. I took my children to see the statue by Frank Meisler that was installed in 2006 at Liverpool Street station, and I recommend that everybody go to see that statue, and take their children if they have them. It is an important, if traumatic, thing to explain to children. I tried to explain to my 11-year-old child what happened, and some of the children depicted in that statue were probably around her age. We also went to the Imperial War Museum, and its fifth floor contains important evidence and tributes to the 6 million people who died in the holocaust. Although those reminders of the atrocities are shocking, it is important to continue to remember and acknowledge those terrible acts.
As my right hon. Friend said, this is not just about the property itself but about the lives erased and the symbolic nature of those artworks taken from Jewish people at that terrible time. It is important continually to remind ourselves of those acts, but also to remind racists, peddlers of hate and antisemites that we will never tolerate their positions, and their actions will never win out.
When we read about what happened and what my right hon. Friend is trying to put right, we see that the scale of it is quite frightening. I think there are still 100,000 items that have not been returned and are still lost—some 20% of Europe’s treasures. My hon. Friend the Member for Beckenham, who is no longer in his place, made the point that it is not just about returning the treasures but holding to account the people who took them. Regardless of the time that has passed, it is hugely important that we take these great strides and return works of art and cultural items to their rightful owners. Clearly, there is much more to do, and my right hon. Friend’s Bill aims to ensure that we continue to return works of art to their rightful owners.
In the debates on the original legislation, which started in 2006 and was brought into effect in 2009, it was anticipated that a 10-year sunset clause would be long enough. It expires on 11 November 2019, which is of course Remembrance Day. At that point, institutions would no longer be able to return works of art to their rightful owners. It is therefore absolutely right that my hon. Friend is taking the Bill forward. It is symbolically very important. The UK is a world leader in these matters. I am very grateful to her and to the Government for their support. She can be assured of my support as the Bill passes through the House.
Neil O'Brien (Harborough) (Con)
I am very pleased to be able to be here today to support the Bill introduced by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers). It is an incredibly important piece of proposed legislation.
The Spoliation Advisory Panel was established after a conference in 1998, the same year that I visited Auschwitz for the first time. Anyone who visits will never forget seeing the now sagging barbed wire that held people in to be contained until their deaths; the small, dark claustrophobic gas chambers; and, from the piles of hair and teeth, how people were literally pulled apart.
I have recently been reading Tony Judt’s book “Postwar”, a magisterial history of post-war Europe. It tells the story of how Europe was put together after the war: how the new institutional architecture that has brought peace to the continent was built; and how the successful new states, none more so than the Federal Republic of Germany, were built up and resisted anti-democratic forces for decades. It covers the big symbolic moments, such as Willy Brandt kneeling in Warsaw, and, most joyously of all, the fall of the Berlin wall, a big moment in reuniting our continent.
It is no exaggeration to say that my right hon. Friend’s Bill, even though it is only about 100 words long, is another little piece in that story: the huge vase that was smashed into a million pieces gradually being put back together, the righting of wrongs and the building up of peace. The Bill is another piece in that story. She is quite right to make the argument that spoliation—taking from families their works of art and their precious belongings—was part of the attempt to dehumanise a whole group of people.
I watched the French documentary film “The Sorrow and the Pity”, which shows some of the Nazi propaganda of the time. What is striking is how sophisticated it was. It is not crude propaganda; it is quite effective propaganda that aims to dehumanise people. The looting of their possessions was a part of that to make them seem like a ragged group who were inhuman and fit only for death. Today, of course, we have new types of racist propaganda. We have the videoing for consumption on the internet of the barbaric killings in New Zealand. We have new antisemitic memes flooding the internet every day. This kind of propaganda always goes on. It is important that, on every level and every day, we continue to fight it.
On Second Reading, my right hon. Friend drew attention to a number of cases and read out the testimony of people who had been reunited with their belongings. There was the family who remembered a particular painting hanging on the wall. One person said that it had become more and more important to get back a piece of art because they had visited the artist’s studio with a grandparent. Her parents were both dead and it had become very important to have this piece of art back again. That was a very powerful testimony.
I can only imagine the frustration of families before the original piece of legislation, to which we are today hopefully going to end the sunset clause. Families have been in situations where they have identified property that is theirs in a museum somewhere else. It had been looted from them. A convention says that it should be returned to them and the museum wants it to be returned to them, but they are unable to be reunited with their possessions because of an absurd quirk of the law. It would be even more absurd for us not to remedy the quirk that a sunset clause has, for no particularly good reason, been put in the original legislation. Hopefully, we will get rid of that today.
I finish by saying to my right hon. Friend the Member for Chipping Barnet that I am proud that our country has been a leader in pushing forward the convention and the advisory panel. It was staggering to see, as part of the background to the debate, how much art and how many possessions have been scattered around the continent, with 100,000 pieces of art still missing and the vast destruction of the cultural heritage of the continent. The UK has been a leader in this area. We have talked about the 23 works of art that have been returned to their rightful owners through this process. My right hon. and very hard-working Friend has played her part. She has done a lot of work and has been a tireless champion for this very important cause. It is a pleasure to support her important work today.
Mike Wood (Dudley South) (Con)
I join other hon. Members in paying tribute to my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) for the work that she has done to bring the Bill to this stage. I know that for many years, she has cared deeply about and has worked actively on this issue. Nobody who has listened to the testimony of holocaust survivors can fail to be moved by their message and by the tragedy of the impact and the barbarism of this most evil of period in European history.
In Dudley’s Holocaust Memorial Day commemorations in January, which were organised by the hon. Member for Dudley North (Ian Austin), we heard about the experiences of Zigi Shipper—his life in pre-war Poland, his time in Auschwitz-Birkenau and other concentration and extermination camps, and the impact that this had on his life and that of his family. So many of his family members were lost. Seventy-four years after the liberation of Auschwitz-Birkenau, which started the process of uncovering the full horrors of the holocaust, it is more important than ever that we do everything that we can not only to remember what happened and to learn the lessons of the past but, where we can, to right the wrongs of that period of history.
Holocaust survivors and their families lost so much. In many cases, they lost their childhood and their family. These are things that neither we nor any Government can ever hope to restore, but what we can do is help to return some of the property and some of the family heirlooms that mean so much to survivors’ families. For that reason, the Bill is absolutely vital. As has been said, it is a simple Bill that seeks to remove the sunset clause that was inserted into the 2009 Act. It was inserted for perfectly good reasons, but it is now clear that it would be a great injustice to allow it to stand. The Bill will enable trustees to continue to return cultural objects back to their rightful owners indefinitely where it is shown that they were looted by the Nazis. Quite rightly, the safeguards that were built into the original Act remain intact, so that the rights and responsibilities of trustees and directors to look after cultural objects under their supervision and control is protected.
It would have been quite easy for the House to do nothing in 2009, but Members rightly decided that ensuring that some of the estimated 100,000 missing works of art could be returned to their rightful owners was the correct and moral thing to do. Many of those objects were stolen nearly 80 years ago. It would be completely contrary to our country’s values to pass up a clear opportunity to act to right these wrongs and correct these injustices, even though they were perpetrated so long ago. That is not what we stand for. However, there is a clear and present danger that if the Bill is not enacted, the sunset clause that is due to strike in November this year will undo the work done by the Act, and it will no longer be possible to correct those wrongs in the future.
We as a nation have been at the forefront of repatriating the items looted by the Nazis, leading the way not only in Europe but in the rest of the world. The Spoliation Advisory Panel takes an approach that is both revolutionary and fundamentally common sense, without the need for costly legal proceedings and lawyers. I mean no offence to any legally trained Members who are present. Had the panel appeared earlier, other countries could not have used our delay as an excuse for their own inaction. Now that it is in place, however, it is able—in a dignified and trusting manner—to make decisions based on the evidence to which my right hon. Friend has referred, without involving costly adversarial arguments and instead relying on the good sense and discretion of its members.
As my right hon. Friend said, the panel has worked hard and conscientiously for many years, and I, too, place on record my thanks for its ongoing work. I hope that by passing the Bill, we can allow it to continue that work, and to bring at least some comfort to holocaust survivors and the families of victims.
Dr Rosena Allin-Khan (Tooting) (Lab)
Let me begin by joining colleagues in sending thoughts and prayers to all those affected by the abhorrent attack that took place in Christchurch today. I know that the whole House joins me in condemning that barbaric act.
I pay tribute to the right hon. Member for Chipping Barnet (Theresa Villiers) for her tireless work. She initially secured Government support for a private Member’s Bill which then became an Act, and she is now ensuring that a sunset clause in that Act will not block a person’s right, or the right of that person’s family, to the justice that they so deserve. I agree with my hon. Friend the Member for Cardiff West (Kevin Brennan), who on Second Reading described the Bill as a carefully targeted, specific piece of legislation that worked well. The Labour party is proud to support it.
I also pay tribute to all who have spoken today. The hon. Member for Redditch (Rachel Maclean) spoke movingly about seeing off hatred, and I am sure that I speak for the whole Chamber when I commend what was said by the hon. Member for Banbury (Victoria Prentis), who spoke of her own heritage.
I know that every Member of the House is all too well aware of the impact of the holocaust, but Members may not know that my own family were personally affected. My grandma was pregnant with my uncle while hiding in the sewers in Warsaw during the second world war. My family were in the Warsaw ghettos. My grandmother’s brother, my great-uncle, died valiantly fighting for freedom in Poland. My mother is Polish, and I know full well that no one grows up in a Polish family without hearing stories of the holocaust almost every week. I have been to Auschwitz-Birkenau three times, and I can tell you that the holocaust changed the lives of entire generations, with millions of people murdered on a scale that is as horrifying as it was massive. So as a second generation Pole, I can tell the House that the pain indeed lives on today.
As we know, however, the Nazi commitment to their ideal of erasing an entire people did not simply end at eradicating lives. The Nazi authorities set about looting priceless works of art that had been passed down through generations of families; by setting out to destroy an entire people’s culture, the Nazis were trying to destroy any record of existence—to wipe them off the planet.
As I have said, my mother is Polish so I naturally feel a personal connection to the Nazi attempt to exterminate my mother’s and my own culture. Current estimates state that at least 516,000 individual works of art were lost in Poland in world war two. We would need 220 National Galleries to host that many paintings, and this only covers those objects registered in the post-war years as being lost, which mainly focused on works of old art.
As far as libraries and home collections are concerned, losses are estimated, staggeringly, at over 22 million volumes from almost 40,000 libraries. By the end of 1942, German officials estimated that over 90% of art previously in Poland was in their possession. This is robbery and looting on an unimaginable scale. Imagine every printed item in Oxford university’s libraries and then double it; all that was stolen. It is truly incomprehensible. The original owners of these cultural items have a right to have them returned to them. This is why this Bill is so important.
While the Nazis were, thankfully, stopped from destroying an entire people’s culture, the works of art they stole are still found in museum collections across the globe. The UK, by playing its part in returning them to their rightful owners, demonstrates our commitment to live up to the ideals that were fought for over 70 years ago. The Act that this Bill amends has helped the Spoliation Advisory Panel to do its vital work, and its assistance in the return of 23 cultural objects to families or satisfactory compensation in lieu of return is an important illustration of our collective remembrance of the victims of the holocaust.
It is not of course the only way in which we remember the victims of the Shoah. International Holocaust Memorial Day and the Holocaust Memorial Day Trust do excellent work each and every year, and I pay tribute to them for their work. With the rise of the far-right and increasing numbers of hate crimes, it is now more important than ever to remember—to remember what can happen when the toxic fascist ideologies are left unchallenged; to remember that we as a society are weaker when we are focused on the differences between us, instead of the common goals we share; and to remember, most importantly, that it is the duty of every Member in this House to ensure that a holocaust never happens again.
It would be remiss of me to stand at this Dispatch Box and speak of the holocaust without talking about antisemitism. As far-right parties gain momentum across Europe and countries like Germany and France report sharp rises in antisemitism, now is the time to redouble our efforts to pay our respects to the victims of the holocaust; by doing so, we can all stamp out this repulsive ideology.
It was vile antisemitism that fed into the Nazi desire to eradicate an entire people and rob them of their culture, and I am proud to say that the Opposition are supporting this Bill today, to continue returning stolen items to rightful owners, where they belong. It is not right to put a timeframe on justice, and if a family are still searching for an artefact that was stolen, as many unfortunately are, we should not add to their distress by enforcing an arbitrary deadline.
There is an old Hebrew proverb—I hope I am pronouncing this correctly—that goes: “Na’eh doresh—na’eh meqayem.” It translates literally as “He who demands well should fulfil his demands well.” Our equivalent would be “Practice what you preach.” We all talk about our commitment to moving our country towards greater equality and reducing discrimination, but words are significantly devalued without the actions to back them up. The Bill provides an opportunity to reflect on what we are doing to fulfil our demands well, and I hope that we will redouble our efforts today.
The Minister for Digital and the Creative Industries (Margot James)
I would like to start by associating myself with the comments, the tributes and the sense of outrage and shock expressed by so many Members of the House and by Mr Speaker following the truly dreadful events in Christchurch. I send my deepest condolences to the people of Christchurch and of New Zealand, and to Muslim people the world over.
I am pleased to speak in support of the Bill promoted by my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), and I pay tribute to her determination in pushing this important private Member’s Bill to this stage. This is never an easy route, and it is one in which many more Bills fail than succeed. Setting to rights the terrible crimes committed during the second world war is just as important for us today as it was following the defeat of Nazi Germany in 1945. The widespread and systematic seizure of cultural property in territories occupied by or under the control of the Nazis and their allies has been recognised in international declarations as warranting particular recognition and deserving of special treatment.
The Washington conference on Holocaust-era assets in 1998 reached consensus on how to deal with the issue of Nazi-looted art. It was partly in response to this that the Government established the Spoliation Advisory Panel in 2000. The panel’s report on the Beneventan Missal in 2005 recommended to the Government that the law should be changed to allow national museums to return Nazi-looted art. I would like to join Members across the House in thanking the panel for its excellent advice over the years, which has allowed justice to prevail in the circumstances we are discussing here.
Bob Stewart
I should like to place on record my tribute to the people known as the monuments men. There was a film about them, based on a true story. Those 345 experts spent until 1951 searching for artefacts, pictures and other objects so that they could be returned to their rightful owners. They located 5 million pieces, but they reckon a lot were never seen again. Their work was crucial to our efforts to get stuff back to the people who own it.
Margot James
My hon. Friend’s important intervention draws our attention to the painstaking work that has been done over the years, particularly in the immediate aftermath of the second world war, without which we would not expect this legislation to have any effect.
My right hon. Friend the Member for Chipping Barnet has done so much to speak up for the Jewish community, and it is tragic that the community now needs so much support. She spoke of the emotional value of the return of cultural artefacts and works of art and the fact that so many of them are priceless to the owners or their heirs. She eloquently described how the restitution of such works of art can provide a powerful link with the past for the families and heirs of holocaust victims, representing the most tangible connection that they may have with their parents, grandparents, aunts and uncles, so of many of whom were lost during those dark and awful years.
My hon. Friend the Member for Redditch (Rachel Maclean) reminded us of the common theme of the appropriation of cultural artefacts, talking about the destruction of the cultural history of a whole people by an oppressive regime or invading power seeking to wipe out the traces of the civilisation that it is attempting to destroy. It is testament to the Jewish people that the Nazis did not succeed in that endeavour.
My hon. Friend the Member for Solihull (Julian Knight) shared his horror at the growing tide of antisemitism, and I identify with his revulsion at this deeply retrograde phenomenon.
My hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) struck a more optimistic note, talking about the education of children. He referred to the section devoted to the holocaust at the Imperial War Museum, which I have not yet visited and must do so. Exhibitions like that around the country share that cultural history, which is so important for the education of younger and future generations. It is by keeping that remembrance alive that we protect against the potential horrors of the future.
My hon. Friend the Member for Harborough (Neil O’Brien) has just been reading Professor Judt’s “Postwar: A History of Europe Since 1945” and talked about the effectiveness and sophistication of the Nazi regime’s propaganda. He also drew my attention to the effectiveness of its modern-day equivalent. The internet has regrettably enabled the swifter spreading of propaganda, exposing so many more people to it, which is one of the biggest challenges to address as we seek to ensure that online standards better reflect the standards that we demand and expect offline.
My hon. Friend the Member for Dudley South (Mike Wood), whose constituency neighbours mine, talked about the annual Dudley holocaust memorial event that is arranged with energy, passion and commitment by the hon. Member for Dudley North (Ian Austin). My hon. Friend the Member for Dudley South mentioned the privilege of hearing Zigi Shipper talk at this year’s event, 74 years after the closure of Auschwitz-Birkenau, about his family’s experience of the evil concentration camps.
It is a privilege to follow the hon. Member for Tooting (Dr Allin-Khan). She is a second-generation Pole and spoke movingly about her family’s direct experience of the terrible events that we are discussing today. She really brought home to me the scale of the Nazis’ attempts to destroy all evidence of the Jewish population when she alluded to the destruction of more documents than those contained in the University of Oxford’s libraries and of much more besides. As she said, there was robbery and looting on an unimaginable scale.
The extension of this legislation is important. It is no wonder that it has enjoyed such strong cross-party support. My right hon. Friend the Member for Chipping Barnet gave a powerful description of the importance of artefacts and cultural items, with which I can identify in a small way because, as a child, I had a fascination with old coins. When I was growing up, I could still get Victorian coins, pennies, in my change from the sweet shop. I used to collect those coins. [Interruption.] The hon. Member for Brent North (Barry Gardiner) says that he still has such a collection, which is a joy to hear. My collection, alas, disappeared. My old aunt had a shilling in a little case preserved from the reign of William IV, and I treasured it—that went, too. The return of those things would be priceless to me, and they are not even associated with these dreadful crimes. I recall a whole collection from my childhood, and such collections are denied to the people we are here to try to compensate with this Bill.
Despite the excellent work of our national museums to research the provenance of the items in their collections, we have heard that that work needs to continue. Such is the scale of the task that it would be wrong to begin to suggest when it can be completed. I am sure it will be timeless, which is why the powers in the 2009 Act should be extended indefinitely so we can continue to consider claims from those who were so cruelly robbed of their property.
To use the words of Sir Nicholas Serota, the former director of the Tate Gallery, it is vital that potential claimants should not feel that the door is being shut in their face. We cannot change the past, but we can continue to bring some measure of justice to the families of the dispossessed. This Bill plays a vital role in allowing us to do that, and I hope it can now proceed.
I close by echoing the tribute paid by my right hon. Friend the Member for Chipping Barnet to the holocaust survivors, and their heirs, in her constituency and the world over.
Theresa Villiers
With the leave of the House, I rise to give my profound thanks to everyone who has taken part in the debate today and those who participated on Second Reading and in Committee, including the Front Benchers. Like the Minister, I found the contribution of the shadow Minister, the hon. Member for Tooting (Dr Allin-Khan), very moving in talking about the experiences of her family.
I thank officials in the Department for Digital, Culture, Media and Sport, particularly Mark Caldon, for their help and briefings on this legislation. I thank Andrew Dismore for his advice and, of course, for his work on the original 2009 Act that we are here to save. Lastly, I thank the Lord Commissioner of Her Majesty’s Treasury, my hon. Friend the Member for Castle Point (Rebecca Harris), for her invaluable assistance in enabling me to navigate the Friday process.
I commend this Bill to the House.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Holocaust (Return of Cultural Objects) (Amendment) Bill
Monday 18th March 2019
(5 years, 9 months ago)
Lords ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text
Holocaust (Return of Cultural Objects) (Amendment) Bill
Thursday 9th May 2019
(5 years, 7 months ago)
Lords ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text
Lord Sherbourne of Didsbury (Con)
My Lords, I begin by thanking all noble Lords who are taking part in this Second Reading debate. The Bill may be short and simple, but it is important because it deals with the legacy of that dark and uniquely evil period of European history in the last century—the Nazi era. Between 1933 and 1945, thousands upon thousands of works of art were stolen. At any time that would be shocking and scandalous, but it was far worse than that. This widespread seizure of cultural objects was part of a grotesque and systematic campaign by the Nazis to eliminate a whole race and culture.
Ten years ago, Parliament passed the Holocaust (Return of Cultural Objects) Act, to allow national museums and galleries to return works of art and cultural objects confiscated during the Nazi era to those with a rightful claim to them. However, the original Act has a sunset clause and is due to expire this year. This Bill would remove the sunset clause so that the provisions of the Act can continue indefinitely. It does not introduce a new policy but seeks simply to remove a statutory barrier. The Bill has been passed by the House of Commons, and I pay tribute to my right honourable friend Theresa Villiers MP, who piloted it through the Commons so skilfully, smoothly and successfully.
It might be helpful if I explain what led to the passing of the original 2009 Act, and also how the current system operates. During the Nazi era, thousands of cultural objects, largely in Jewish ownership, were stolen. It is thought that as much as a fifth of Europe’s cultural treasures were lost. Many remain hidden. Some will have been destroyed. Some may never be found. Others have found their way into private collections, and some into public collections. The realisation that looted works of art might have been acquired by museums and galleries around the world led to the Washington Conference on Holocaust-Era Assets in 1998, which agreed: first, the need to identify art which had been confiscated by the Nazis and not subsequently returned; secondly, the need to publicise this information; and, thirdly, the need for dispute resolution mechanisms for resolving ownership issues.
It appears that very little looted art found its way to the United Kingdom during and after the war. Unlike mainland Europe, where many hundreds of works of art have been returned to claimants over the years, very few looted paintings and other cultural objects have been discovered in British museums. Nevertheless, and quite rightly, our national museums began detailed research of their collections to identify objects with uncertain provenance between 1933 and 1945. This information has been made available to the public. However, there was a problem. Several national galleries and museums, which are statutory bodies, were prevented by their governing legislation from returning such objects. This is why the original Act was passed in 2009.
The Act allows the 17 national institutions listed in it to return items lost during the Nazi era where there is a legitimate claim. Claims are assessed by the Spoliation Advisory Panel, established in 2000. The panel’s recommendations are not binding but the museum or gallery concerned has always complied with the recommendations. Unfortunately, the 2009 Act included a sunset clause which means that, unless we pass the Bill now before your Lordships’ House, that Act will expire in November this year and the national institutions named in it will no longer be able to return works of art lost during the Nazi era to successful claimants. To stop the clock would be terrible.
Many potential claimants may still be unaware of the location of objects which had been in the possession of their families. It takes time for people to come forward with claims, and for national museums and galleries to research the provenance of items with an incomplete history. For anyone who doubts this, the figures tell the story. During the whole of its life, the Spoliation Advisory Panel has advised on only 20 claims and only 13 cultural objects have been returned. So this whole process takes time, which is precisely what this Bill provides.
There are many people—heroes—who have played a major part in the restitution of looted cultural property in Europe. I want to highlight just two. One is the late Baroness Warnock, who was a powerful advocate for the 2009 Act and a distinguished member of the Spoliation Advisory Panel. The other person I want to mention is the co-founder and co-chair of the Commission for Looted Art in Europe, Anne Webber. It is because of Anne’s tireless dedication and tenacity that so much has been achieved.
Finally, this legislation deals with works of art but the motivation behind it—the driving force—is less about material objects as such and more about ameliorating, as best we can, the suffering endured by so many families in this terrible period. Returning to families objects of great sentimental value has a deeply emotional impact. It can touch the very heart of a family. I believe that this Bill, short and simple though it may be, gives us all the opportunity to send a strong and powerful signal: that anti-Semitism and racism in all its forms must be fought in every corner of society. It is in this spirit that I commend the Bill to the House. I beg to move.
Lord Palmer of Childs Hill (LD)
My Lords, I thank the noble Lord, Lord Sherbourne, for introducing this Second Reading. Of course I support the Bill and its aim, which is, as he said, to remove the sunset clause. We should consider why that clause was inserted in the first place. The suggestion that it be time limited was because by November 2019 there would be no need for the legislation on the basis that, so it was said, it would become harder for claimants to amass sufficient evidence to decide on the validity of a claim. Clearly, this optimism was incorrect, as shown by the ongoing evidence that claims will continue, albeit at a snail’s pace. The original owners of paintings and sculptures may well have died but the claims can be continued by their descendants. The noble Lord, Lord Sherbourne, was doubtful about the volume within UK institutions, but who knows?
I find it hard to get my head around how these cultural objects landed up in museums around the world. A speech in the other place said that,
“there is still uncertainty about the full provenance of some of the cultural treasures”.—[Official Report, Commons, 8/2/19; col. 557.]
Surely before purchasing or accepting items as gifts, the worthy museums and galleries would have obtained detailed provenance for each item. This happens in the art world. If museums and galleries have such items, one gets the picture of a hole-in-the-corner deal, with conversations such as, “Are you in the market for a Botticelli?”. The answer is something like, “No, I can’t provide its history or provenance without including ‘looted by the Nazis in 1944’”. The legislation before us suggests that on display or in store, in museums and galleries, are items of stolen art gifted to the gallery, purchased from the thief or purchased by the vendor from the thief or his or her preowner.
This is a worldwide problem. Removing the sunset clause by the UK will serve as an example to other countries. France is considering the need for legal action to make possible deaccessioning—a dreadful word—of artworks looted by the Nazis that are in state museums. Deaccessioning is the process in which a work of art or other object is permanently removed from a museum’s collection. My question to the Minister is: should this further action be implemented or at least considered in the UK?
It is worth restating that the legislation before us is limited in scope and continues to seek, in some small way, to put right the wrongs done during an industrialised slaughter by the Nazi regime. We are considering this Bill in a disturbing climate of anti-Semitism worldwide, and the UK is also experiencing such an upsurge. This Bill is not going to curb anti-Semitism, but it may just help to right some wrongs.
Lord Pickles (Con)
My Lords, it is an enormous pleasure to support my noble friend introducing this Bill and to listen to the noble Lord, Lord Palmer. I draw the House’s attention to my declaration of interest, which relates to various Holocaust remembrance organisations that I belong to.
It would be churlish of me at this time, given the announcement made this week, not to thank the Government and the Minister here today for the additional support for the Holocaust Memorial and Learning Centre, which is due to be built outside the Houses of Parliament. We are particularly pleased to receive the endorsement of the Prime Minister, and the former Prime Ministers David Cameron, Gordon Brown, Tony Blair and John Major, in addition to the Leaders of the Houses of Lords and Commons, the all-party group, the Mayor of London, the London Assembly, the Chief Rabbi, the Dean of Westminster, the Board of Deputies of British Jews, the Jewish Leadership Council, the Association of Jewish Refugees, the Wiener Library, the National Holocaust Centre in Newark, the Imperial War Museum, the University of Huddersfield Holocaust Exhibition and Learning Centre, the Anne Frank Trust, the ’45 Aid Society, the Learning from the Righteous, the Holocaust Educational Trust, the Holocaust Memorial Day Trust, the Holocaust Survivors’ Centre in Hendon, the University College London Centre for Holocaust Education and the nine synagogues in Westminster City Council. That additional help is well received. We are particularly proud that the Design Council chose to feature the design of the memorial and learning centre at its headquarters recently.
I know there are some who say that it is the right idea, but the wrong place. Some may even believe that, but they are wrong: the place is the point. Outside this building is the natural place for it to be. It is close to where all important decisions on Britain’s involvement in the Holocaust were made—the good ones, the bad ones and those of complete indifference. It is my hope that when the memorial and learning centre is built, visitors will leave there and look towards this building and recognise that it is a bastion against tyrants. I hope, too, that when we look out at that memorial we will remember that, as legislators, we always have a choice: we can either protect civil liberties or oppress our citizens.
I turn to the Bill. What we know about the Nazis is that they were many things: they were murderers; they were psychopaths; they were bigots; they were racists and they were anti-Semites. But, fundamentally, the Nazis were thieves. They looted and plundered throughout Europe. They stole from citizens; they stole from states, and, because there is no honour among thieves, they stole from one another. Elie Wiesel pointed this out far more elegantly than me, saying that this was a process:
“They stole your living, they stole your belongings, they stole your individuality. And they tried to wipe you out. To wipe out the fact that you ever existed”.
Do not think for a moment that this was confined to a bunch of Nazis. Their loot from Jewish people was an important part of the economy in the years of the Second World War. That was how people got their fur coat, their bit of jewellery, a nice mirror and the like. What was not looted by your neighbours was often taken by the state and sold outside your house or at special sales. The very clothes of the poor victims of Babi Yar, who were stripped and laid in pits, were sold close to the execution site. Do not let anyone say that nobody knew about this.
If we were to announce that, henceforth, property rights would be determined by the Nazis’ Nuremberg laws, people would rightly be outraged, but that is what we have effectively done in large parts of the world by putting so many obstacles in the way of restitution of stolen property. Around the world, thousands of artefacts, properties and belongings remain in the wrong hands—in the hands of national collections, local authorities, museums and private individuals. People and communities are often very proud of their collections and may even be well meaning, but stolen property in the most benign and cultured hands is still theft. It is shocking that, even today, thousands of injustices remain uncorrected.
My noble friend talked about the Washington principles. I shall not repeat those, but one important aspect of them fits very well with this Bill and is about information. It is about families being able to search websites and to locate the property. This country has a proud record in this regard. It is true that there were not many such artefacts, but we managed to get them on a public list and were helpful in enabling people to find them within three months of the Washington declaration. This process continues. The Spoliation Advisory Panel has worked extraordinarily well, with 75% of all those claims coming from information supplied by British museums.
In June, I take over as the chair of the International Tracing Service, with its extensive records from the Holocaust and its aftermath housed in Bad Arolsen in Germany. One of the aims of the UK chairmanship will be to make it simpler for families to view and search records, but without this Bill all the searching can be done but that restitution cannot take place. The Bill is an important part of this process.
Those who think that we are gently winding down discovery of new loot should think again. I was in Bern, Switzerland, in 2017 and visited an exhibition which showcased the art from the home of Cornelius Gurlitt. His father, an art dealer, had sold what Hitler dismissed as “degenerate” art. At the time of its discovery in a Munich flat in 2012, leading figures in the German and Austrian art worlds asked: “What is the problem? Everybody knew about Gurlitt’s collection”. Yes, everybody did know, except for the families that it was stolen from. My noble friend spoke so well about the work of Anne Webber and the Commission for Looted Art in Europe, which has been on the side of these families seeking justice for a long time. Anne and her team have united families with their treasured items, from books to paintings which once had pride of place above the fireplaces of Jewish homes across Europe.
I will quote two short paragraphs from a selection of quotes on the meaning and importance of restitution written to the Commission for Looted Art in Europe by families for whom the commission has helped to recover Nazi-looted property. The first is:
“These books of our murdered grandmother which until now filled the shelves of that German library have seemingly turned from passive objects to be read into witnesses whose voice will be heard and treasured”.
Secondly:
“Of all the pictures in the collection we are particularly pleased that this one has been rediscovered. It was one of the favourites of our grandparents and our aunt remembers it hanging on the dining room wall of her childhood home. As a young child she always liked it so much and she is so happy that she has had the chance to see it hanging in the family home again”.
We need to remember that, whether it is a painting or a book or a porcelain jar, every object represents the life and lives of those who were lost. Their restitution restores a personal connection, a link with those lives so utterly transformed or destroyed by the Nazis.
I conclude with a quote from Primo Levi. I was a guest on “Desert Island Discs” a few years ago. Besides the luxury and the various discs, you get to choose a book. My choice was Primo Levi’s If This Is A Man. I have two editions, but it is the second one which I treasure most. It was a gift to me, signed by Holocaust survivors. Some of them have passed on, but I got to know many of them and to understand their bravery and determination. This book, and this quote, mean a lot to me. It starts:
“But consider what value, what meaning is enclosed even in the smallest of our daily habits, in the hundred possessions which even the poorest beggar owns: a handkerchief, an old letter, the photo of a cherished person. These things are part of us, almost like limbs of our body … the personification and evocation of our memories. Imagine now a man who is deprived of everyone he loves, and at the same time of his house, his habits, his clothes, in short, of everything he possesses: he will be a hollow man, reduced to suffering and needs, forgetful of dignity and restraint, for he who loses all often easily loses himself … It is not possible to sink lower than this; no human condition is more miserable than this, nor could it conceivably be so …They will even take away our name: and if we want to keep it, we will have to find ourselves the strength to do so, to manage somehow so that behind the name something of us, of us as we were, still remains”.
Baroness Deech (CB)
My Lords, this short, very welcome and deceptively straightforward Bill raises a host of ethical questions. We are in the middle of worldwide discussions about compensation and restitution for past injustices and deprivations. Let me make it clear that this Bill in no way opens up the sort of difficult questions that have recently been raised in Cambridge about the slave trade, or about the Elgin marbles. Those issues were raised when the original Bill was introduced 10 years ago, and settled in favour of restitution, although the number of works of art that have been returned to their rightful owners in the last 10 years is fairly low. Sadly, the work is far from done, although the original sunset clause was understandable. There are survivors, and there are possibly hundreds of thousands of looted works of art in question.
The checking of the provenance of a work of art with a wartime question over it is now routine. The display of a looted work of art is not so much a work of beauty as a reflection of the pain and suffering surrounding its looting, for the Holocaust was not only genocide but the greatest theft in history. The Government should be praised for using their good offices to ensure justice. Klimt’s stolen portrait of Adele Bloch-Bauer, often known as “The Woman in Gold”, now on show in New York, has added lustre because it is shining legitimately. The restitution of these works of art is somewhat unusual, in that the restorer is not usually the wrongdoer but a museum that may have purchased the object in good faith—but it is symbolically important. The rightful owners or their near descendants are still alive, and it sends a message to this war-torn world that, if the enemy despoiler does his worst, nevertheless, in the end that wrong will be righted. Ancient treasures from Syria and Iraq are currently being sold: this is a warning.
My noble friend Lady O’Neill has written extensively on the topic of compensation and restitution. Although she wrote before the recent Cambridge exercise on slavery, she sensibly pointed out that it makes more sense to seek action to redress present disadvantage than to provide compensation for historic wrongs. This is different from restitution: restoring the situation that obtained before the wrong was done. It is important as a symbol, and, far from going back too far in time to what some might regard as a closed episode, the looting in the Middle East today reminds us of the importance attached to a people’s art works and the part they play in the pride and in the continuation of the history of a nation.
In another way, too, this is unfinished business. What about the real property looted during the Nazi era, most of which is situated and identifiable within EU countries—not here, of course? The Terezin declaration, to which this country is a party, called on those countries that have not yet made restitution to do so along the lines of the declaration. The most egregious offender is Poland, squatting on the property of 3 million victims of the Nazis—the only country in modern Europe to refuse to set up a scheme for compensation, presenting yet another example of Poland’s cavalier attitude to the rule of law and European obligations. The European Parliament, the American Congress and British parliamentarians have urged Poland to do justice—so far to no avail. Indeed, racism is rising across Europe and, sadly, to spend £105 million on a Holocaust memorial—something like the sixth in this country, in the wrong place, which does not speak to the heart—will not stop anti-Semitism. It is a sad state of affairs to see it politicised.
Democracy, as we have seen, does not stop genocide. Genocide is due more to religious and ethnic hatred—and that we see on the rise across Europe, where there is democracy and there are many memorials. The more memorials we build, it seems, the more anti-Semitism rises. We need to think afresh about the causes of this hatred. This Bill is the right way forward and a credit to the United Kingdom. I hope that it also serves, first, to encourage our Government to put pressure on Poland to restore stolen property; and, secondly, as a warning to those who are looting historical objects in war zones today.
Lord Wasserman (Con)
My Lords, I too commend my noble friend Lord Sherbourne of Didsbury for agreeing to steer this short but important Bill through your Lordships’ House.
I do not know about other noble Lords, but I have found that there tends to be an inverse relationship between the length of the Bills we have been asked to consider and their effects. Or is it simply that my perception of these matters has been influenced too much by the European Union (Withdrawal) Bill, which, as noble Lords will recall, occupied this House for 160 hours and 44 minutes without, as far as I can tell, having any effect on our long-term relationship with the European Union?
This Bill, per contra, although it consists of only one short substantive clause, will, when it passes into law, as I hope it will do very soon, make an enormous difference to a large number of people, not only in the European Union but throughout the world. As my noble friend Lord Sherbourne has already pointed out in his excellent introduction, there are many ways in which this short Bill will make a difference; some of them are practical, while others are symbolic or presentational. We have already heard from my noble friend how the Bill will send a message to the whole world that this House, and indeed this country, believe strongly that there can never be a statute of limitation on Holocaust crimes—not 10 years, 20 years or 50 years. We will never forget or forgive those responsible for the Holocaust, and we will remember them not only by building memorials to their victims and learning centres to tell the story of their atrocities, but by ensuring that no one ever benefits from their activities, even when these benefits are enjoyed by the public at large through national and local galleries and museums around the world.
If for no other reason but this symbolic one, I believe that the Bill deserves to be passed into law as quickly as possible. But there are also significant practical reasons why we must get it passed into law quickly, and I will discuss them briefly now. Before I do so, however, I must make it clear that before I began preparing for this debate, I knew very little about these matters. However, in the last few days, I have had the benefit of a tutorial from an old friend, Laurie Stein, who happens to be one of a handful of world experts in this field. It is the full-time job of these experts, who work for museums, galleries and private clients around the world, to research the provenance of pictures and other cultural objects which are the subject of claims that they were looted, stolen or otherwise illegitimately taken from their rightful owners during the Nazi regime. I am grateful to Ms Stein for helping me to understand why and how the Bill would make a very significant practical difference to the valuable work which she and others are doing to ensure that cultural objects which were taken illegitimately from innocent Jews and others during the Nazi regime are returned to their rightful owners.
First, although it may be difficult to believe, as some noble Lords have already mentioned, new claims concerning objects stolen and looted by the Nazis are emerging in various parts of the world even now, more than 70 years after the defeat of the Nazis. Even experts like Laurie Stein have been surprised by this. They thought that the flow of contested objects seized by the Nazis would have dried up years ago. But, as I now understand, there are many good reasons why new claims are still being filed. One of these is the fact that only recently have large collections of personal files about victims of the Nazis, held in restitution and compensation offices in Germany and elsewhere, been opened to the public. I understand that these files, which had previously been closed for privacy reasons, contain masses of invaluable information about property seized illegitimately from the victims.
In other cases, the disappearance of family treasures in the 1930s and 1940s was simply unknown to the present generation of family members. Such a situation was the subject of a very moving article in the Jewish Chronicle of 26 April. In it, the granddaughter of noted French art dealer and collector René Gimpel, from whom a collection of major paintings was seized by the Vichy Government during the Second World War—it is now displayed in galleries owned and operated by the present French Government—wrote that he only learned what happened to his grandfather’s collection,
“10 years ago, when a US lawyer working on cases of Second World War spoliation contacted me saying that he keeps finding evidence of paintings stolen from my grandfather. After the war, the family wanted to move on and rebuild itself after the trauma. Like other Jews, they were advised to stop talking about what they’d lost if they wanted to become regular citizens again. I wasn’t even told I was Jewish”.
That is a moving story happening right now.
The other reason why an arbitrary cut-off date for filing claims is inappropriate is that judging claims about disputed objects is very difficult. Although there are many who would like to see these issues in black and white terms, I am assured by Ms Stein that 95% of the evidence adduced for supporting claims about objects seized or looted during the Nazi regime falls into the grey area between black and white and requires meticulous research and a good deal of international travel to ensure that both sides to any claim are treated fairly and justly. It should not surprise anyone to know that such research takes a great deal of time and cannot be rushed to meet arbitrary time limits.
It may be difficult for some people to accept, but the truth is that not every object which might have been in Jewish ownership in Germany, France, Austria or a number of other countries controlled by the Nazis was seized or looted or taken illegitimately. Some were disposed of by their owners for a variety of innocent reasons, reached their present homes entirely legitimately and should be allowed to remain there.
What we must not do is create fresh injustices in an effort to remedy old ones. That is why we must not set arbitrary limits on the time allowed to complete this research. Such limits are unnecessary and inimical to the search for justice. Although this is not relevant to the Bill before us, I want to put on record Ms Stein’s view that the UK’s Spoliation Advisory Panel, which adjudicates on disputed claims, is seen by the experts in this field as a model for how these matters should be handled.
I have gone on long enough. I hope that I have made my point that there are important practical and symbolic reasons why this small Bill should find its way on to the statute book as soon as possible. Although it consists of only one substantive clause, the implications of the Bill for those who seek justice for extraordinary wrongs are immense and will be welcomed as such around the world.
Lord Polak (Con)
My Lords, I begin by paying tribute to my noble friend Lord Sherbourne for his leadership and sponsorship of the Bill. In so doing, I also pay tribute to Theresa Villiers. I knew her as an MEP, an MP and a Secretary of State. She is my friend and did an immense job on the Bill. I read carefully the debate of 27 February in the other place. The Bill has wide-ranging support and rightly unites people across the political spectrum. I note what was said at the time regarding the inclusion of the sunset clause although, like the noble Lord, Lord Palmer, if I am totally honest, I am not entirely clear why it was included in the original Bill in 2009. Perhaps the verse in Exodus which says that if you take your neighbour’s cloak, as a pledge, you must return it by sunset, played a part.
I would perhaps cite a different verse from Deuteronomy, where there is a specific biblical imperative of returning lost articles with no time limit. Putting a time limit on the delivery of justice because it may be difficult to provide relevant evidence to prove claims is not, I maintain, a good argument for maintaining the sunset clause. I therefore entirely agree with the essence of the Bill.
Last week was Yom HaShoah, Holocaust Remembrance Day in the Hebrew calendar. As it is every year, it was commemorated at Yad Vashem in Jerusalem. I noted the speech of Prime Minister Netanyahu of Israel. He spoke out about the heroism of the many people who saved others in that dark, dark time in history. However, he also spoke about the shooting in the Chabad synagogue in San Diego and the shameful anti-Semitic cartoon published two days earlier in the New York Times. Noble Lords who have visited Yad Vashem will no doubt recall displays in the early section of the museum of, sadly, very similar cartoons from the 1930s. We are in danger of watching history repeat itself, which is why we should not put time limits on the ability to seek justice.
That is why I am honoured to be a trustee of the Holocaust Memorial Charitable Trust. I pay tribute to David Cameron and Theresa May for their outstanding leadership in ensuring that the UK finally has the national Holocaust Memorial and Learning Centre just next door—a project ably led by Ed Balls and my noble friend Lord Pickles. Clearly, it was not politicised. If the House will allow it, I want to put on public record that no one has done, continues to do and, I guess, will do in the future more for the issues that concern the Jewish community than my noble friend Lord Pickles. Again, for those who have been to Yad Vashem, there is nothing more powerful than the rows of trees in the Avenue of the Righteous, where each tree represents a righteous gentile who stood up to be counted and saved fellow human beings who were Jewish, at huge risk to themselves and their families. I cannot possibly begin to list the things my noble friend has done and continues to do but, today, I hope he will permit me to call him my noble and righteous friend.
As has been said, the Holocaust Memorial and Learning Centre next door will act as a constant reminder of the unique responsibilities of politicians. Some argue that the structure could encourage more anti-Semitism, but it is precisely that argument that proves we need it urgently. Does the Minister agree that the Bill is timely as it sets no time limit for the rectification of wrong? In the same way, does he agree that it is timely for the Holocaust Memorial and Learning Centre to be a focal point at the heart of our democracy and, to quote the Prime Minister, to be a memorial that,
“will stand to preserve the truth forever”?
Baroness Ludford (LD)
My Lords, I also thank the sponsors of the Bill, as well as those of the original Act.
In addressing the Washington Conference on Holocaust-Era Assets just over 20 years ago, the then US Secretary of State, Madeleine Albright, thanked the then British Foreign Secretary, the sadly late Robin Cook, and the British Government for having convened the landmark 1997 London Conference on Nazi Gold. The UK can take some pride in its leading role in Holocaust restitution and its recognition of the need to maintain that lead. In 1998, Madeleine Albright talked about the “overarching imperatives” driving the work of Holocaust restitution: justice, openness and that,
“the obligation to seek truth and act on it is not the burden of some, but of all; it is universal”.
That is why I am speaking in this debate, having no material or family interest in the subject but a strong interest in the universal upholding of truth, justice and respect.
At the second London conference in 2017, organised by DCMS and sponsored by the Commission for Looted Art in Europe, the very welcome aim of extending the timeframe for the 2009 Act was announced. As the then director of the Tate, Sir Nicholas Serota, said,
“there is a strong moral case to remove the ‘sunset’ clause … It is important that potential claimants should not feel that the door is being slammed in their face”.
I join other noble Lords who are somewhat puzzled by the original justification for the sunset clause because it is pretty thin. My noble friend Lord Palmer cited the problem of evidence deteriorating over the years. While that is true, it is not a terribly good reason. I therefore agree with other noble Lords, including the noble Lords, Lord Polak and Lord Wasserman.
I also strongly agree with David Lewis who, as co-chair of the Commission for Looted Art in Europe, said in 2017:
“It is, in our view, totally unacceptable that such matters as statutes of limitation and other legal restraints continue to impede restitution”.
Hence, I strongly support this Bill.
Mention has been made of Anne Webber, another co-chair of the Commission for Looted Art in Europe. She told the 2017 London conference:
“Although many of the Holocaust survivors are now passing away, their children and heirs still urgently seek the transparency, accountability and justice that was promised”.
Of course, the word “justice” crops up frequently.
I got a little involved in the topic of Holocaust restitution by other EU countries when I was an MEP for London, trying to assist constituents in dealing with Governments and institutions in other EU countries. In my case it largely involved dealing with the countries of central and eastern Europe, which around 2004 were newly acceding to the EU. There the issue was somewhat complicated by the post-war communist nationalisation and reallocation of property but, even so, a considerable smokescreen and lack of will was unfortunately evident.
Mr David Lewis, whom I have just quoted, after noting that he was often asked why it had taken so many decades for this matter to be addressed, said that,
“it is a sombre fact that in a high proportion of those countries”,
which attended the 1998 Washington conference,
“little progress has been made since”.
Some effort has been made by the EU to advance matters, but not enough. In 2009, some 47 countries, including all 28 EU member states, came together to support the Terezin Declaration to accelerate restitution, and the following year 43 countries endorsed a set of guidelines and best practices. However, many countries are not on track. One could cite Croatia and Latvia, where the relevant legislation has been delayed, while in Romania the processing of claims and payments has been extremely slow. In Hungary the discussions continue and, as the noble Baroness, Lady Deech, said, Poland sadly has one of the worst records on the restitution of private property and has even backtracked on some of the commitments made at the 2009 Terezin conference. In 2009 I wrote in response to a constituent saying:
“The European Union has done little to push this matter on the grounds that property issues are a national responsibility, but personally I feel that it is a human rights matter which merits EU action”.
A few months ago a European Parliament resolution noted how litigants continue to encounter legal problems owing inter alia to expiration of post-war restitution laws, the non-retroactivity of conventional norms—I guess that means laws—the lack of any definition of “looted art”, statute of limitations provisions on claims or the provisions on adverse possession and good faith; that is, good faith on the part of the new owner. However, as my noble friend Lord Palmer mentioned, that can be assessed. The Parliament urged the European Commission to create a comprehensive database of looted art, including Holocaust objects, and the status of existing claims, and to support provenance research, including financially.
Perhaps in conclusion the Minister could tell us about the scope for better pan-European co-operation in encouraging the location of looted property and the unblocking of delays and obstacles. If we stay in the EU, no doubt the UK will be better placed to urge a greater sense of action and responsibility throughout the EU.
I conclude with another quote from Madeleine Albright, all too relevant today as we see examples of hate and hostility, including anti-Semitism, worryingly on the rise:
“I think of the blood that is in my family veins. Does it matter what kind of blood it is? It shouldn’t; it is just blood that does its job. But it mattered to Hitler and that matters to us all; because that is why 6 million Jews died”.
As the Holocaust cries out to us, we must never allow distinctions among the peoples of the world to obscure the common humanity that binds us all as people. Restitution of Holocaust-era assets is about much more than gold, art and insurance. It is about remembering that no one’s blood is less or more precious than our own.
Lord Griffiths of Burry Port (Lab)
My Lords, I am privileged to speak in this debate and grateful to the noble Lord, Lord Sherbourne of Didsbury, for making it possible for us to have it. I have listened carefully to all the contributions and have sensed the reasoning and the passion that, combined, make such a strong case to move this Bill forward.
I approached this exercise thinking that, as a garrulous Welshman, this was going to be the shortest speech I would ever make. After all, a Bill became an Act in 2009. It has proven itself over 10 years and has shown that the sunset clause was a mistake. I attribute no ill will to those who included it. This was a new Bill going in a new direction, and now we are looking at it and seeing if we cannot make it go in that direction for a long time more, so we should not attribute bad thinking to those who inserted the sunset clause and we should be delighted to see it removed. Indeed, since it was during a Labour Administration that this Bill came on to the statue book and Andrew Dismore was a sitting Member of Parliament at that time, and in view of recent controversies and anxieties, I say with all the energy and depth of passion I can that if getting this Bill on to the statute book contributes in even the smallest way towards healing wounds and reminding us all of our responsibilities to each other, I want it to happen for that reason alone—however minute that contribution might be.
So here we are with a very short Bill that has worked, alongside which these ways of evaluating claims have been inserted. Yes, it is a small number of cases—there may well be more—but it makes sense that what has worked and is seen to be morally right should be given the go-ahead, the green light, to continue into the hereafter.
My house was burgled once; somebody came in and stole stuff. He took money, and we could not give tuppence about that, but he also took my wife’s engagement ring, which had been a gift from her grandmother, and her grandmother’s brooch, within which there were two little cameo pictures of her and her husband when they were young—irreplaceable. Alongside the stories of the great works of art and treasures, which command their own logic and evidence, we must not forget that what particularly violates those from whom objects are taken is the loss of the personal items, the things that matter for everyday living, family memories and things like that. It is the great and the small. It is the mere act of violation that we need to do whatever we can to offer restitution to.
I said that this should have been the shortest speech, and perhaps that is where I should finish, but there is one thing that I feel I must say. I buy into the thinking of the noble Lords, Lord Polak and Lord Pickles, about the monument. But in the name of frankness, I have to say that it is the right idea in the wrong place. I could not sit through the debate and not say that. I will offer some words of explanation.
Pretty much exactly 50 years ago, I left these shores to travel and spend the first of my 10 years in Haiti. My experience there changed my life and my understanding of life in its entirety. I became aware of the evils of the slave trade. I am so pleased that the noble Baroness, Lady Deech, mentioned that. Millions of people taken from the western shores of Africa to end up in what was called the New World lost their lives, were forced into slavery and had no possessions that could be stolen, except their liberty and energy. It was this building that fathered the debates that led to the end of slavery in the British Empire. If the University of Cambridge is looking at the sources of its wealth, let anyone do an inventory of the wealth of this nation that depended on the deprivation of liberty of those slaves.
The plight of people shipped against their will— 150 years’ worth—tearing them from their families and leaving them to die in foreign territory has remained on my mind. Is the argument that the right place for the atrocities of the 1930s and 1940s is alongside the building within which those debates took place? I see a questioning look from the noble Lord, Lord Pickles, but I thought I heard him say that it should be alongside Parliament.
Lord Pickles
The noble Lord is most generous and I was enjoying and have a lot of sympathy with what he was saying. That is why I said that people within this building—the legislatures—have a choice. They can either oppress or protect. During the 19th century, they chose to oppress. That is why it is important because we must always be vigilant. It was, after all, a compliant legislature that introduced the Nuremberg laws. That is why I deliberately said that there was a choice.
Lord Griffiths of Burry Port
I am grateful for that. Choices were made within this Parliament about the plight of slaves. Therefore, a monument could possibly be built to talk about the deprivations, destitution and suffering of slaves, but there is not room for two such monuments in the same place. That is all I am saying. I really do not want to be heard as having one iota of opposition to the idea, but I felt it incumbent on me, since I feel it in my deepest heart, to say that I suspect that I would side with those who feel that this is not the right place.
As far as the Bill is concerned, we must pass it and do so with good will, and hope that it has some of the outcomes and effects that have been hinted at from the speeches we have heard from the Floor of this House today.
Viscount Younger of Leckie (Con)
My Lords, like the noble Lord, Lord Griffiths, I have listened with great interest to the discussion on this important Bill, introduced by my noble friend Lord Sherbourne, and I speak on behalf of the Government in support of it today. Yes, it is a short Bill, but I have a bit to say about it.
I join my noble friend and other noble Lords in congratulating my right honourable friend Theresa Villiers and many others in the other place on enabling the Bill to reach this point. It enjoyed strong cross-party support in that place. I trust that your Lordships will agree that, as my noble friend Lord Polak said, the issue that the Bill seeks to address cuts across all political and other divides and unites us in our determination to bring justice to the families of those who suffered persecution and loss.
The widespread and systematic seizure of cultural property in territories occupied by, or under the control of, the Nazis and their allies has, for over half a century, been recognised in international declarations as warranting particular recognition and deserving special treatment. The scale of forced transfer of cultural property under the Nazi regime was unprecedented. Figures regarding the scale of the loss can be only speculative. However, it has been estimated that between 1933 and 1945 some 650,000 works of art were stolen from their rightful owners. Although the majority of these were not of museum quality, a small number found their way into national collections across Europe.
Most of what was taken were paintings of the type owned by successful, but perhaps not extremely wealthy, families, domestic silver and household artefacts, and books and religious items. We hear a lot about Old Masters and similar prized works of art seized from the wealthiest collectors or most successful dealers, but in fact they make up only a fraction of the numerically more significant theft.
Such was the scale of the looting that took place that, as early as 1943, 16 countries, including the UK, signed a declaration committing them to do everything in their power to halt the theft of cultural objects in territory under enemy occupation or control. In that same year, the allies established the Monuments, Fine Arts, and Archives programme to help protect cultural property in war areas during and after World War II. A group of approximately 400 service members and civilians, mostly from the US and the UK, came to be known as the Monuments Men, as your Lordships will remember, and they were based at the National Gallery of Art in Washington DC. They worked with military forces to safeguard historic and cultural monuments from war damage and, as the conflict came to a close, to find and return works of art and other items of cultural importance that had been stolen by the Nazis or hidden for safekeeping. My noble friend Lord Pickles emphasised that, in addition to their terrible crimes, the Nazis were involved in systematic theft, or perhaps we should call it systemic theft. He is right.
For almost 50 years after World War II, as people focused on rebuilding their lives, the implications of the loss of cultural assets received little attention from the international community. Little research was done and claimants were left to continue their search alone. However, with the end of the Cold War, new archival sources became available and the subject of Nazi-looted art was given new attention. The noble Baroness, Lady Ludford, asked about co-operation and I will say a little about that.
In more recent times, international awareness has continued to grow. The 1998 Washington Conference on Holocaust-Era Assets saw a consensus reached on a number of non-binding principles with respect to Nazi-confiscated art. These principles highlighted the need to identify art that had been confiscated by the Nazis and not subsequently restituted, to publicise this information and to encourage the use of alternative dispute resolution mechanisms for resolving ownership disputes. The conference recognised the need to reach a fair and just solution in such cases.
Compared with other European countries, very little looted art found its way to the UK during and after the end of World War II. Of course, that is no excuse for complacency, and since then our national museums have undertaken detailed research of their respective collections to identify any objects with an uncertain history dating back to the years 1933 to 1945. This research is held on a recently upgraded online database, which is actively maintained by editors from the 47 contributing UK museums, and it is co-ordinated by the Collections Trust.
National museum directors also established a working group in 1998 to examine the issues surrounding the spoliation of art during the Nazi era and to draw up a statement of principles and proposed actions for member institutions. That has recently been updated. In 2000, the Government established the Spoliation Advisory Panel to provide advice to claimants and institutions on what might be a fair and reasonable outcome in response to a claim. Since its establishment, the panel has advised on 20 claims, and 13 cultural objects have been returned. However, as the noble Baroness, Lady Deech, said, that is indeed a low figure. The resolving of a dispute is never an easy matter and, by its nature, the process invariably leaves one of the parties disappointed. Despite that, the Spoliation Advisory Panel’s advice and method of operation is widely respected here and internationally, and I would like to thank the members of the panel for their excellent work.
As we have heard, in its early years, the Spoliation Advisory Panel was unable to recommend the return of a cultural object, even where it found that the family had a strong moral claim to it. This was because of statutory restrictions preventing national museums from removing items from their collections except in a very small number of instances. In such cases, the panel’s only available option at that time was to recommend compensation or an ex-gratia payment.
The Holocaust (Return of Cultural Objects) Act 2009 allows 17 national institutions in the UK to return items lost during the Nazi era where this follows a recommendation by the panel and the Secretary of State agrees. The legislation recognised the fact that the Nazi era is unique in the scale and nature of the loss and the fact that it represented a systematic campaign to eradicate a whole people and their culture. The 2009 legislation was subject to exacting scrutiny and was significantly amended and clarified during its passage through Parliament. It is compatible with the Human Rights Act 1998.
Since the Act was introduced, five cultural objects have been returned under the legislation. It represents a major change in the way that claims for items in national collections are resolved, and allows the families of those who were unfairly deprived of their property to have it returned. It is not difficult to imagine how important that can be for the families; the noble Lord, Lord Griffiths, spoke about this. There is no comfort that can be given for the loss of family members and the knowledge of their suffering, but the return of personal possessions, of which artwork is just one form, can offer some small connection and personal bond with those who perished.
I listened with care to the short anecdotes from my noble friend Lord Pickles. I would like to offer a quote from a family who successfully recovered some paintings lost during the war. It is not, by the way, related to a case considered by the Spoliation Advisory Panel, but it illustrates the point well:
“The return of our family’s paintings continues to fascinate, shock, elate, sadden, enrich and change our lives. It is hard to express how much this means to us”.
It may also be helpful if I provide a short case study on how the 2009 Act has been used in one of the five cases that I mentioned. In 2014, the Spoliation Advisory Panel considered a claim for the return of an oil painting, “Beaching a Boat, Brighton”, by no less a man than John Constable, in the possession of the Tate. The panel concluded that the painting was owned by a Hungarian art collector in 1944 and was most likely looted when the German army invaded Budapest in March of that year. In their statement of case to the panel, the claimants described how the painting was of particular significance to their family from a sentimental and emotional point of view. It was reported that the original owner and his family had,
“suffered grievously during the German and Soviet occupations of Hungary; they lost all their possessions, while several members of the family were subjected to acts of violence because of their Jewish ancestry. Some family members were murdered in Hungary by antisemites or murdered in Auschwitz-Birkenau … The restitution of the Painting would thus constitute a significant act of symbolic reparation to the family for the sufferings it was forced to endure during the war because of its Jewish origin”.
The panel recommended that the painting should be returned to the claimants in accordance with the provisions of the Holocaust (Return of Cultural Objects) Act 2009. The return of the painting was delayed to allow the carrying out of further research following the discovery of an export licence for the work from 1946. However, in 2015, the panel issued a further report, updating its earlier advice and confirming that the work should be returned. The painting has since been returned to the claimants.
The problem that the Bill seeks to correct is that the 2009 Act contains a sunset clause, which means that the legal powers are due to expire on 11 November this year. After that date, the institutions named in the legislation will no longer be able to return works of art to Holocaust survivors or to the families of those who perished in the genocide. The Bill would keep the legislation on the statute book by repealing Section 4(7), thus removing the sunset clause, as many noble Lords have said.
At the time of the 2009 Act, the Government considered that a time limit of 10 years would be a reasonable one for people to come forward with claims and for museums to have made significant progress in carrying out provenance research on works with gaps in their history during the Nazi era. It was described in Parliament as a safeguard allowing for a re-examination of the case. The Government made it clear at an international spoliation conference held in London in September 2017 that it remains an absolute imperative to correct the wrongs that took place during the Nazi era when it comes to cultural objects lost in such circumstances. This principle is not affected by the passage of time; arguably, the need is strengthened as memories start to fade.
Furthermore, although much information is available on the internet about the provenance of items in national collections, the completion of reports by national institutions into items with incomplete provenance during the relevant period is an ongoing task. As such, potential claimants may still be unaware of the location of any objects that used to be in the possession of their families. This was a strong and moving theme raised in the speech by my noble friend Lord Wasserman.
It is also worth bearing in mind that, owing to limitation laws, claimants are unlikely to be able to pursue a legal claim for the return of their property through the courts. That is because the Limitation Act 1939 extinguishes the title of the person from whom an object was unlawfully taken after six years. Referral to the Spoliation Advisory Panel is, in nearly all cases, the sole remaining route for pursuing the return of objects lost during the Nazi era. So I think we can be clear that while the approach taken at the time to the duration of the powers was reasonable, there are now very good reasons for applying an indefinite extension, and I reassure my noble friend Lord Polak that “indefinite” means just that.
The 2009 Act has worked well during its nine years on the statute book, resolving cases in a fair and balanced way, but, as we have heard, there is still much work to do. Earlier this year the Government announced that they had joined four European countries in forming a new network to increase international co-operation on identifying and returning works of art looted during the Nazi era, a point that the noble Baroness, Lady Ludford, might take note of. Those countries—Germany, France, Austria and the Netherlands—have not set an end date for the consideration of claims, and I hope this House will agree that there are very good reasons why we should do the same.
The noble Lord, Lord Palmer, asked what due diligence procedures museums normally follow. He may know that museums are required to undertake due diligence into the provenance of items that they acquire or borrow. DCMS’s guidelines, Combating Illicit Trade: Due Diligence Guidelines for Museums, Libraries and Archives on Collecting and Borrowing Cultural Material, which I think is a pamphlet, set out guidance on procedures that should be followed in relation to loans and acquisitions. Due diligence undertaken by museums may include visits to the lender to discuss the objects concerned, taking expert advice on any items that have a potentially uncertain ethical status, checks with the Art Loss Register and obtaining warranties from lenders regarding their ownership of the items concerned.
The noble Baroness, Lady Ludford, asked why the decision was taken in 2009 to undertake a sunset clause. I have probably answered that but I will say that at the time, the 10-year limit was considered to be right, bearing in mind the time of its coming into force—that is, 69 to 70 years from the end of the war in Europe. It was thought that that would be a reasonable time for people to come forward with claims. Clearly, that was not the case, and I am pleased again to emphasise that we have made the time period indefinite.
I conclude by making a few comments about the Holocaust Memorial, as it was mentioned by my noble friends Lord Polak and Lord Pickles and the noble Lord, Lord Griffiths. As the House will know, the UK Holocaust Memorial will be dedicated to the 6 million Jewish men, women and children murdered in the Holocaust, and all other victims of the Nazis and their collaborators. It will honour and remember all victims and survivors of the Holocaust and subsequent genocides, and educate future generations on the importance of fighting prejudice and persecution in all its forms.
To give just a little bit of background, the designs were first unveiled in October 2017 and have since undergone further development through much discussion with Holocaust experts, survivors and other victims groups, local residents, Westminster City Council, Historic England, Royal Parks and other statutory consultees. The UK Holocaust Memorial Foundation has also worked closely with other organisations and experts on the contents and approach. I believe that the proposals have been developed with great sensitivity to the existing context and character of Victoria Tower Gardens. The vast majority of the park’s green space will be retained and enhanced. Views over Parliament and the River Thames will be improved, with a range of accessible seating and a new boardwalk along the Embankment. I realise that this particular news is not in favour with everybody, but I wanted to give a little bit of information and detail.
That is really all I want to say. I therefore urge the House to support the Bill.
Lord Sherbourne of Didsbury
My Lords, this has been a remarkable debate. The Bill is very timely. The debate has been relatively short, but it has brought forward remarkable speeches of knowledge, expertise and, above all, passion. Every speech has made the same point: although the Bill’s title is about objects, its purpose is about people. That is the Bill’s driving force.
This has also been a very heartening debate, because in these political times the whole House has been united. We have had the same view across all parts of the House. I am extremely grateful to my noble friend the Minister for giving such a comprehensive response and for assuring us of the Government’s support. The noble Lord, Lord Griffiths, quite rightly reminded us that the original Act and the Bill have had all-party support, backed by the Labour Government 10 years ago and by the present Conservative Government. It is a very heartening experience to have this uniformity and consensus.
I am very grateful to all speakers. The noble Lord, Lord Palmer, was extremely helpful in reminding us of the importance of museums and galleries, and their responsibility to determine and assess the provenance of the objects in their possession. My noble friend Lord Pickles, in a very powerful and emotional speech—I know how heavily involved he is in so many ways—gave some vivid and powerful examples of the impact that the return of property has for the descendants of families who suffered so much. This is again a reminder of what the Bill is really all about. He reminded us how much objects mean to families.
The noble Baroness, Lady Deech, raised some wide issues, especially regarding the international arena. She reminded us of Poland’s woeful record and how it is completely out of step with the international community in dealing with the challenges of restitution. My noble friend Lord Polak typically graced his speech with some apposite quotations from the Bible. He again dealt with the emotional impact of the Bill’s effects. My noble friend Lord Wasserman told us how important it is to have the time the Bill provides for, because it does take time for families to come forward with claims, for claims to be assessed and for museums to determine the provenance.
I thank the noble Baroness, Lady Ludford, who made a characteristically detailed and clear speech; I particularly liked her quotes from Madeleine Albright, which I thought were extremely well made. I am grateful to everyone who spoke in the debate, and now just want to make an appeal to my noble friend the Chief Whip. The Bill has to be passed this Session, or the legislation falls. It is very important that we have time. I am very encouraged by the widespread support for the Bill, and hope this means that it will get through smoothly and speedily. It is in that spirit that I ask the House to support this Bill by giving it a Second Reading.
Bill read a second time and committed to a Committee of the Whole House.
Holocaust (Return of Cultural Objects) (Amendment) Bill
Wednesday 12th June 2019
(5 years, 6 months ago)
Lords ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text
Lord Sherbourne of Didsbury (Con)
My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Holocaust (Return of Cultural Objects) (Amendment) Bill
Tuesday 2nd July 2019
(5 years, 5 months ago)
Lords ChamberRead Full debate Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text
Royal Assent
Thursday 4th July 2019
(5 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text