Holocaust (Return of Cultural Objects) (Amendment) Bill

Baroness Ludford Excerpts

2nd reading (Hansard): House of Lords
Thursday 9th May 2019 Lords Chamber

[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.