Holocaust (Return of Cultural Objects) (Amendment) Bill

Julian Knight Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 15th March 2019 Commons Chamber

[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).

[Bob Stewart]

And will that recommendation have legal force?

[Julian Knight]

I give way to my right hon. Friend to answer that.

[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.