Holocaust (Return of Cultural Objects) (Amendment) Bill

Kevin Foster Excerpts

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

[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.