Holocaust (Return of Cultural Objects) (Amendment) Bill

Lord Sherbourne of Didsbury Excerpts

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

Moved by

[Lord Sherbourne of Didsbury]

That the Bill be now read a second time.

[Lord Sherbourne of Didsbury (Con)]

My Lords, I begin by thanking all noble Lords who are taking part in this Second Reading debate. The Bill may be short and simple, but it is important because it deals with the legacy of that dark and uniquely evil period of European history in the last century—the Nazi era. Between 1933 and 1945, thousands upon thousands of works of art were stolen. At any time that would be shocking and scandalous, but it was far worse than that. This widespread seizure of cultural objects was part of a grotesque and systematic campaign by the Nazis to eliminate a whole race and culture.

Ten years ago, Parliament passed the Holocaust (Return of Cultural Objects) Act, to allow national museums and galleries to return works of art and cultural objects confiscated during the Nazi era to those with a rightful claim to them. However, the original Act has a sunset clause and is due to expire this year. This Bill would remove the sunset clause so that the provisions of the Act can continue indefinitely. It does not introduce a new policy but seeks simply to remove a statutory barrier. The Bill has been passed by the House of Commons, and I pay tribute to my right honourable friend Theresa Villiers MP, who piloted it through the Commons so skilfully, smoothly and successfully.

It might be helpful if I explain what led to the passing of the original 2009 Act, and also how the current system operates. During the Nazi era, thousands of cultural objects, largely in Jewish ownership, were stolen. It is thought that as much as a fifth of Europe’s cultural treasures were lost. Many remain hidden. Some will have been destroyed. Some may never be found. Others have found their way into private collections, and some into public collections. The realisation that looted works of art might have been acquired by museums and galleries around the world led to the Washington Conference on Holocaust-Era Assets in 1998, which agreed: first, the need to identify art which had been confiscated by the Nazis and not subsequently returned; secondly, the need to publicise this information; and, thirdly, the need for dispute resolution mechanisms for resolving ownership issues.

It appears that very little looted art found its way to the United Kingdom during and after the war. Unlike mainland Europe, where many hundreds of works of art have been returned to claimants over the years, very few looted paintings and other cultural objects have been discovered in British museums. Nevertheless, and quite rightly, our national museums began detailed research of their collections to identify objects with uncertain provenance between 1933 and 1945. This information has been made available to the public. However, there was a problem. Several national galleries and museums, which are statutory bodies, were prevented by their governing legislation from returning such objects. This is why the original Act was passed in 2009.

The Act allows the 17 national institutions listed in it to return items lost during the Nazi era where there is a legitimate claim. Claims are assessed by the Spoliation Advisory Panel, established in 2000. The panel’s recommendations are not binding but the museum or gallery concerned has always complied with the recommendations. Unfortunately, the 2009 Act included a sunset clause which means that, unless we pass the Bill now before your Lordships’ House, that Act will expire in November this year and the national institutions named in it will no longer be able to return works of art lost during the Nazi era to successful claimants. To stop the clock would be terrible.

Many potential claimants may still be unaware of the location of objects which had been in the possession of their families. It takes time for people to come forward with claims, and for national museums and galleries to research the provenance of items with an incomplete history. For anyone who doubts this, the figures tell the story. During the whole of its life, the Spoliation Advisory Panel has advised on only 20 claims and only 13 cultural objects have been returned. So this whole process takes time, which is precisely what this Bill provides.

There are many people—heroes—who have played a major part in the restitution of looted cultural property in Europe. I want to highlight just two. One is the late Baroness Warnock, who was a powerful advocate for the 2009 Act and a distinguished member of the Spoliation Advisory Panel. The other person I want to mention is the co-founder and co-chair of the Commission for Looted Art in Europe, Anne Webber. It is because of Anne’s tireless dedication and tenacity that so much has been achieved.

Finally, this legislation deals with works of art but the motivation behind it—the driving force—is less about material objects as such and more about ameliorating, as best we can, the suffering endured by so many families in this terrible period. Returning to families objects of great sentimental value has a deeply emotional impact. It can touch the very heart of a family. I believe that this Bill, short and simple though it may be, gives us all the opportunity to send a strong and powerful signal: that anti-Semitism and racism in all its forms must be fought in every corner of society. It is in this spirit that I commend the Bill to the House. I beg to move.

--- Later in debate ---

[Lord Sherbourne of Didsbury]

My Lords, this has been a remarkable debate. The Bill is very timely. The debate has been relatively short, but it has brought forward remarkable speeches of knowledge, expertise and, above all, passion. Every speech has made the same point: although the Bill’s title is about objects, its purpose is about people. That is the Bill’s driving force.

This has also been a very heartening debate, because in these political times the whole House has been united. We have had the same view across all parts of the House. I am extremely grateful to my noble friend the Minister for giving such a comprehensive response and for assuring us of the Government’s support. The noble Lord, Lord Griffiths, quite rightly reminded us that the original Act and the Bill have had all-party support, backed by the Labour Government 10 years ago and by the present Conservative Government. It is a very heartening experience to have this uniformity and consensus.

I am very grateful to all speakers. The noble Lord, Lord Palmer, was extremely helpful in reminding us of the importance of museums and galleries, and their responsibility to determine and assess the provenance of the objects in their possession. My noble friend Lord Pickles, in a very powerful and emotional speech—I know how heavily involved he is in so many ways—gave some vivid and powerful examples of the impact that the return of property has for the descendants of families who suffered so much. This is again a reminder of what the Bill is really all about. He reminded us how much objects mean to families.

The noble Baroness, Lady Deech, raised some wide issues, especially regarding the international arena. She reminded us of Poland’s woeful record and how it is completely out of step with the international community in dealing with the challenges of restitution. My noble friend Lord Polak typically graced his speech with some apposite quotations from the Bible. He again dealt with the emotional impact of the Bill’s effects. My noble friend Lord Wasserman told us how important it is to have the time the Bill provides for, because it does take time for families to come forward with claims, for claims to be assessed and for museums to determine the provenance.

I thank the noble Baroness, Lady Ludford, who made a characteristically detailed and clear speech; I particularly liked her quotes from Madeleine Albright, which I thought were extremely well made. I am grateful to everyone who spoke in the debate, and now just want to make an appeal to my noble friend the Chief Whip. The Bill has to be passed this Session, or the legislation falls. It is very important that we have time. I am very encouraged by the widespread support for the Bill, and hope this means that it will get through smoothly and speedily. It is in that spirit that I ask the House to support this Bill by giving it a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.