All 3 contributions to the Holocaust (Return of Cultural Objects) (Amendment) Act 2019 (Ministerial Extracts Only)

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Fri 8th Feb 2019
Fri 15th Mar 2019
Holocaust (Return of Cultural Objects) (Amendment) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Holocaust (Return of Cultural Objects) (Amendment) Bill

(Limited Text - Ministerial Extracts only)

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2nd reading: House of Commons
Friday 8th February 2019

(5 years, 1 month ago)

Commons Chamber
Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Holocaust (Return of Cultural Objects) (Amendment) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Mims Davies Portrait The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Mims Davies)
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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 Portrait Stephen Pound
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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 Portrait Mims Davies
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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.

Holocaust (Return of Cultural Objects) (Amendment) Bill (First sitting)

(Limited Text - Ministerial Extracts only)

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Committee Debate: House of Commons
Wednesday 27th February 2019

(5 years ago)

Public Bill Committees
Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Holocaust (Return of Cultural Objects) (Amendment) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
- Hansard - - - Excerpts

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.

Michael Ellis Portrait The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport (Michael Ellis)
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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.

Holocaust (Return of Cultural Objects) (Amendment) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
3rd reading: House of Commons & Report stage: House of Commons
Friday 15th March 2019

(5 years ago)

Commons Chamber
Holocaust (Return of Cultural Objects) (Amendment) Act 2019 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Holocaust (Return of Cultural Objects) (Amendment) Act 2019 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Margot James Portrait The Minister for Digital and the Creative Industries (Margot James)
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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 Portrait Bob Stewart
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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 Portrait Margot James
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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.