Poland: Restitution of Property

Lord Wallace of Saltaire Excerpts

Monday 5th December 2011 Lords Chamber

[Baroness Deech]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare that I may have a possible interest.

[Lord Wallace of Saltaire]

My Lords, the Government’s priorities for the UK chairmanship of the Council of Europe were announced by my right honourable friend the Minister for Europe on 26 October. Our main priority is for the reform of the Court of Human Rights. The Government have no plans to augment these. The Government take the issue of property restitution very seriously, as the noble Baroness will be well aware from her participation in conferences on this subject. We will continue to remind Poland of its stated intention to reinstate a restitution Bill, currently stalled, when its economic situation allows.

[Baroness Deech]

I thank the Minister for that Answer. Is he aware that Poland is the only post-Communist European nation without legislation to help the victims of Communist and Nazi property seizures, whereas other relatively poorer countries have such legislation? Is he aware that Poland is not engaging with the formal process that he mentioned and is unlikely to attend the conference on this next year, so will he take steps to help the claimants by, for example, pressing for a European representative on reparation and asking for a quid pro quo for the £2 million UK contribution to Poland which was recently made for the preservation of Auschwitz?

[Lord Wallace of Saltaire]

My Lords, there are several complex issues in that supplementary question. Legislation has indeed been passed in all the other post-Communist countries although I am advised that its implementation has been patchy. Poland has suspended its legislation on the grounds that the €5 billion which it estimates would be the cost would take it above its current budgetary limit. We all understand that in current circumstances national Governments find these things difficult. I am very conscious that restitution in Poland is an unusually difficult issue after 80 years in which first Nazi and then Russian troops have rolled over Poland. There was confiscation and enormous destruction, then Communist confiscation, and a great deal of movement of boundaries and forced relocation of Poles, Germans and others.

[Lord Palmer of Childs Hill]

My Lords, I also declare a sort of interest in that one of my late grandmothers was Polish and did not come out of Poland at the end of the war. However, I will not be one of those seeking compensation. Further to what the noble Baroness, Lady Deech, has said, when and if Her Majesty’s Government press the Polish Government, will they ask them to ease the evidential requirements needed to make claims, which are very complicated, and assist people to access the records, as that assistance is not always given? My noble friend the Minister spoke of the financial difficulties that Poland is experiencing, but will the Government ask it in very strong terms to set up a central fund to at least meet a small percentage of the claims rather than blocking any claims whatever?

[Lord Wallace of Saltaire]

My Lords, Her Majesty’s Government have said on a number of occasions to the Polish Government that we regret the slow progress on this issue. We supported the 2010 Terezin declaration. We will be an active participant in the review conference next year and are actively engaged with other like-minded Governments on this issue. We do not have a formal position at present on the question of an EU representative for Holocaust restitution.

[Lord Howarth of Newport]

My Lords, will the Government be more ambitious in, at any rate, the field of cultural property? Will they take this opportunity to put forward proposals for a treaty, possibly a convention—perhaps under the auspices of UNESCO—to establish internationally agreed legal principles for the determination of claims for compensation for, or restitution of, cultural property that was wrongfully taken in circumstances of war or occupation?

[Lord Wallace of Saltaire]

I am not sure how far back the noble Lord wishes to take that. I remember being taken around Prague Castle in 1993 and shown the empty spaces on the walls where the pictures that the Swedish army had taken away in 1643 had been. As we know, the issue of cultural property, particularly that of the 20th century, is actively being pursued. A number of museums are extremely hesitant about this, and there was an interesting article in one of last weekend’s supplements about this. We are engaged in the whole issue of cultural property and restitution but, as the noble Lord knows from a number of current cases in New York, this can sometimes raise immensely complicated questions.

[Lord Lester of Herne Hill]

Is the Minister aware that at least one case on this very issue is already pending before the European Court of Human Rights, and it would therefore be completely inappropriate for the United Kingdom, during its presidency, to take up this issue? Is it right that British Government received £5.4 million under the indemnity agreement made after the Second World War to cover the international legal aspect; that under the Polish law of 1997 Jewish religious communities in Poland can file applications before a regulatory commission on Jewish religious communities; and that 5,500-odd applications have been received?

[Lord Wallace of Saltaire]

My Lords, I am aware that the issues of restitution of communal property are in some ways rather different from restitution of individual property. I stand to be informed by the noble Lord on the case before the European Court of Human Rights, and he is of course correct to say that we are, in a sense, in the second round on the issue of restitution. There was a first round in the years immediately after the Second World War. The second round began with the end of the Cold War and the whole set of issues that then opened up regarding restitution from post-Communist Governments.

[Lord Wills]

My Lords, when do Her Majesty's Government expect full implementation of the Terezin declaration by all countries, including Poland? What measures are Her Majesty's Government taking to ensure that this might happen before the 70th anniversary in 2015 of the end of World War 2?

[Lord Wallace of Saltaire]

My Lords, these will be very much the topics for discussion at the review conference next year.