Holocaust (Return of Cultural Objects) (Amendment) Bill

Rachel Maclean Excerpts

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

[Theresa Villiers]

It is not entirely clear. The debates on the 2009 legislation did not seem to indicate a great problem of instability. I can only assume that there was concern that the legislation might have a destabilising effect on the collections in our national museums, but although a number of cases have been determined as a result of the operation of the 2009 Act, the reality has been that such cases have been relatively small in number. If there were fears about uncertainty, instability and provoking claims, they have not materialised in practice.

I commend the Commission for Looted Art for its excellent efforts in trying to secure fair outcomes in cases of this nature. The commission shared with me comments and thoughts from a number of families involved, some of which I read out in my speech on Second Reading. I found those comments deeply moving, and what came across clearly from them was the emotional value of being reunited with an object treasured by a loved one who died in the Holocaust, and that a lost relative had held in their hands and valued—for example, books owned by a much-loved grandmother; a painting given by a claimant’s grandparents to his parents; or a favourite painting that used to hang on the dining room wall of a family home. The Nazi regime engaged in systematic confiscation, looting and theft from Jewish people.

[Rachel Maclean (Redditch) (Con)]

I am fascinated to hear my right hon. Friend’s argument and wonder what her response is to some of the opponents of this Bill who claim that the routes available are available only to the rich and that, sometimes, when objects are returned from museums, that deprives the general public of an opportunity to see these priceless works of art. I would be fascinated to hear her thoughts on that.

[Theresa Villiers]

My response is that this legislation opens the way for all who have reason to believe that an object owned by their family member is in one of our national institutions. It is not confined to helping people from a particular family background. It really is important for people at all levels to have the chance—the opportunity—to retrieve an item of property that once belonged to one of their relatives. In response to those potential critics that my hon. Friend has mentioned, I think that I would continue to make the case that it is right and proper and fair that if an item was seized by the Nazis, it should be returned to its rightful owners or to their heirs.

--- Later in debate ---

[Rachel Maclean (Redditch) (Con)]

It is a huge pleasure and a privilege to follow my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), who has promoted this Bill. She has spoken movingly and with great authority and knowledge about this horrific act of barbarity that has affected her constituents, and, of course, the many people who suffered under the horrendous acts of the Nazis.

I fully support this Bill—this very simple Bill—and my right hon. Friend has outlined why it is needed. As she said, we can see that particularly on a day like today, when we have woken up to the awful news of what happened in Christchurch.

[Bob Stewart]

My hon. Friend talked about the Nazis, but we must also remember that a lot of stuff was taken from the national museum in Iraq and other places. This Bill, I hope, covers that sort of looting as well—I think that it does.

[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.

[Bob Stewart]

Beckenham—the centre of the world. All roads lead to Beckenham.

[Rachel Maclean]

I think they lead to Redditch; but from there to Beckenham. My hon. Friend reminded me that this problem is not just confined to the Nazi period. In fact, when one culture attacks another, it comes for the cultural artefacts first, because the most effective way of trying to wipe out a civilisation is to destroy memories and stories that people tell about a culture and its people. It is evil and barbarous, and we must turn our face against it.

The days of commemoration in our local communities are so important, because we have to continue to talk about the holocaust, including with young people. We may have seen off the Nazis, but we are now seeing how important it is to see off other forms of hate that target people because of their ethnicity, their race, who they worship, who they love and who they live with. We have to stand firm against that in our communities and schools. I am proud to pay tribute to a local school just over the border from my constituency that is attended by many young people. Studley High School is a beacon school for the Holocaust Educational Trust, and it was an absolute honour to be there and see the students performing a fantastic piece on Holocaust Memorial Day.

I am delighted to support this Bill and I very much hope to see it passed today. Thank you for allowing me to contribute to the debate, Mr Deputy Speaker.