Holocaust (Return of Cultural Objects) (Amendment) Bill

Second Reading

Moved by

That the Bill be now read a second time.

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.

My Lords, I thank the noble Lord, Lord Sherbourne, for introducing this Second Reading. Of course I support the Bill and its aim, which is, as he said, to remove the sunset clause. We should consider why that clause was inserted in the first place. The suggestion that it be time limited was because by November 2019 there would be no need for the legislation on the basis that, so it was said, it would become harder for claimants to amass sufficient evidence to decide on the validity of a claim. Clearly, this optimism was incorrect, as shown by the ongoing evidence that claims will continue, albeit at a snail’s pace. The original owners of paintings and sculptures may well have died but the claims can be continued by their descendants. The noble Lord, Lord Sherbourne, was doubtful about the volume within UK institutions, but who knows?

I find it hard to get my head around how these cultural objects landed up in museums around the world. A speech in the other place said that,

“there is still uncertainty about the full provenance of some of the cultural treasures”.—[Official Report, Commons, 8/2/19; col. 557.]

Surely before purchasing or accepting items as gifts, the worthy museums and galleries would have obtained detailed provenance for each item. This happens in the art world. If museums and galleries have such items, one gets the picture of a hole-in-the-corner deal, with conversations such as, “Are you in the market for a Botticelli?”. The answer is something like, “No, I can’t provide its history or provenance without including ‘looted by the Nazis in 1944’”. The legislation before us suggests that on display or in store, in museums and galleries, are items of stolen art gifted to the gallery, purchased from the thief or purchased by the vendor from the thief or his or her preowner.

This is a worldwide problem. Removing the sunset clause by the UK will serve as an example to other countries. France is considering the need for legal action to make possible deaccessioning—a dreadful word—of artworks looted by the Nazis that are in state museums. Deaccessioning is the process in which a work of art or other object is permanently removed from a museum’s collection. My question to the Minister is: should this further action be implemented or at least considered in the UK?

My Lords, it is an enormous pleasure to support my noble friend introducing this Bill and to listen to the noble Lord, Lord Palmer. I draw the House’s attention to my declaration of interest, which relates to various Holocaust remembrance organisations that I belong to.

It would be churlish of me at this time, given the announcement made this week, not to thank the Government and the Minister here today for the additional support for the Holocaust Memorial and Learning Centre, which is due to be built outside the Houses of Parliament. We are particularly pleased to receive the endorsement of the Prime Minister, and the former Prime Ministers David Cameron, Gordon Brown, Tony Blair and John Major, in addition to the Leaders of the Houses of Lords and Commons, the all-party group, the Mayor of London, the London Assembly, the Chief Rabbi, the Dean of Westminster, the Board of Deputies of British Jews, the Jewish Leadership Council, the Association of Jewish Refugees, the Wiener Library, the National Holocaust Centre in Newark, the Imperial War Museum, the University of Huddersfield Holocaust Exhibition and Learning Centre, the Anne Frank Trust, the ’45 Aid Society, the Learning from the Righteous, the Holocaust Educational Trust, the Holocaust Memorial Day Trust, the Holocaust Survivors’ Centre in Hendon, the University College London Centre for Holocaust Education and the nine synagogues in Westminster City Council. That additional help is well received. We are particularly proud that the Design Council chose to feature the design of the memorial and learning centre at its headquarters recently.

I know there are some who say that it is the right idea, but the wrong place. Some may even believe that, but they are wrong: the place is the point. Outside this building is the natural place for it to be. It is close to where all important decisions on Britain’s involvement in the Holocaust were made—the good ones, the bad ones and those of complete indifference. It is my hope that when the memorial and learning centre is built, visitors will leave there and look towards this building and recognise that it is a bastion against tyrants. I hope, too, that when we look out at that memorial we will remember that, as legislators, we always have a choice: we can either protect civil liberties or oppress our citizens.

My Lords, this short, very welcome and deceptively straightforward Bill raises a host of ethical questions. We are in the middle of worldwide discussions about compensation and restitution for past injustices and deprivations. Let me make it clear that this Bill in no way opens up the sort of difficult questions that have recently been raised in Cambridge about the slave trade, or about the Elgin marbles. Those issues were raised when the original Bill was introduced 10 years ago, and settled in favour of restitution, although the number of works of art that have been returned to their rightful owners in the last 10 years is fairly low. Sadly, the work is far from done, although the original sunset clause was understandable. There are survivors, and there are possibly hundreds of thousands of looted works of art in question.

The checking of the provenance of a work of art with a wartime question over it is now routine. The display of a looted work of art is not so much a work of beauty as a reflection of the pain and suffering surrounding its looting, for the Holocaust was not only genocide but the greatest theft in history. The Government should be praised for using their good offices to ensure justice. Klimt’s stolen portrait of Adele Bloch-Bauer, often known as “The Woman in Gold”, now on show in New York, has added lustre because it is shining legitimately. The restitution of these works of art is somewhat unusual, in that the restorer is not usually the wrongdoer but a museum that may have purchased the object in good faith—but it is symbolically important. The rightful owners or their near descendants are still alive, and it sends a message to this war-torn world that, if the enemy despoiler does his worst, nevertheless, in the end that wrong will be righted. Ancient treasures from Syria and Iraq are currently being sold: this is a warning.

My noble friend Lady O’Neill has written extensively on the topic of compensation and restitution. Although she wrote before the recent Cambridge exercise on slavery, she sensibly pointed out that it makes more sense to seek action to redress present disadvantage than to provide compensation for historic wrongs. This is different from restitution: restoring the situation that obtained before the wrong was done. It is important as a symbol, and, far from going back too far in time to what some might regard as a closed episode, the looting in the Middle East today reminds us of the importance attached to a people’s art works and the part they play in the pride and in the continuation of the history of a nation.

My Lords, I too commend my noble friend Lord Sherbourne of Didsbury for agreeing to steer this short but important Bill through your Lordships’ House.

I do not know about other noble Lords, but I have found that there tends to be an inverse relationship between the length of the Bills we have been asked to consider and their effects. Or is it simply that my perception of these matters has been influenced too much by the European Union (Withdrawal) Bill, which, as noble Lords will recall, occupied this House for 160 hours and 44 minutes without, as far as I can tell, having any effect on our long-term relationship with the European Union?

This Bill, per contra, although it consists of only one short substantive clause, will, when it passes into law, as I hope it will do very soon, make an enormous difference to a large number of people, not only in the European Union but throughout the world. As my noble friend Lord Sherbourne has already pointed out in his excellent introduction, there are many ways in which this short Bill will make a difference; some of them are practical, while others are symbolic or presentational. We have already heard from my noble friend how the Bill will send a message to the whole world that this House, and indeed this country, believe strongly that there can never be a statute of limitation on Holocaust crimes—not 10 years, 20 years or 50 years. We will never forget or forgive those responsible for the Holocaust, and we will remember them not only by building memorials to their victims and learning centres to tell the story of their atrocities, but by ensuring that no one ever benefits from their activities, even when these benefits are enjoyed by the public at large through national and local galleries and museums around the world.

If for no other reason but this symbolic one, I believe that the Bill deserves to be passed into law as quickly as possible. But there are also significant practical reasons why we must get it passed into law quickly, and I will discuss them briefly now. Before I do so, however, I must make it clear that before I began preparing for this debate, I knew very little about these matters. However, in the last few days, I have had the benefit of a tutorial from an old friend, Laurie Stein, who happens to be one of a handful of world experts in this field. It is the full-time job of these experts, who work for museums, galleries and private clients around the world, to research the provenance of pictures and other cultural objects which are the subject of claims that they were looted, stolen or otherwise illegitimately taken from their rightful owners during the Nazi regime. I am grateful to Ms Stein for helping me to understand why and how the Bill would make a very significant practical difference to the valuable work which she and others are doing to ensure that cultural objects which were taken illegitimately from innocent Jews and others during the Nazi regime are returned to their rightful owners.

My Lords, I begin by paying tribute to my noble friend Lord Sherbourne for his leadership and sponsorship of the Bill. In so doing, I also pay tribute to Theresa Villiers. I knew her as an MEP, an MP and a Secretary of State. She is my friend and did an immense job on the Bill. I read carefully the debate of 27 February in the other place. The Bill has wide-ranging support and rightly unites people across the political spectrum. I note what was said at the time regarding the inclusion of the sunset clause although, like the noble Lord, Lord Palmer, if I am totally honest, I am not entirely clear why it was included in the original Bill in 2009. Perhaps the verse in Exodus which says that if you take your neighbour’s cloak, as a pledge, you must return it by sunset, played a part.

I would perhaps cite a different verse from Deuteronomy, where there is a specific biblical imperative of returning lost articles with no time limit. Putting a time limit on the delivery of justice because it may be difficult to provide relevant evidence to prove claims is not, I maintain, a good argument for maintaining the sunset clause. I therefore entirely agree with the essence of the Bill.

Last week was Yom HaShoah, Holocaust Remembrance Day in the Hebrew calendar. As it is every year, it was commemorated at Yad Vashem in Jerusalem. I noted the speech of Prime Minister Netanyahu of Israel. He spoke out about the heroism of the many people who saved others in that dark, dark time in history. However, he also spoke about the shooting in the Chabad synagogue in San Diego and the shameful anti-Semitic cartoon published two days earlier in the New York Times. Noble Lords who have visited Yad Vashem will no doubt recall displays in the early section of the museum of, sadly, very similar cartoons from the 1930s. We are in danger of watching history repeat itself, which is why we should not put time limits on the ability to seek justice.

That is why I am honoured to be a trustee of the Holocaust Memorial Charitable Trust. I pay tribute to David Cameron and Theresa May for their outstanding leadership in ensuring that the UK finally has the national Holocaust Memorial and Learning Centre just next door—a project ably led by Ed Balls and my noble friend Lord Pickles. Clearly, it was not politicised. If the House will allow it, I want to put on public record that no one has done, continues to do and, I guess, will do in the future more for the issues that concern the Jewish community than my noble friend Lord Pickles. Again, for those who have been to Yad Vashem, there is nothing more powerful than the rows of trees in the Avenue of the Righteous, where each tree represents a righteous gentile who stood up to be counted and saved fellow human beings who were Jewish, at huge risk to themselves and their families. I cannot possibly begin to list the things my noble friend has done and continues to do but, today, I hope he will permit me to call him my noble and righteous friend.

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:

My Lords, I am privileged to speak in this debate and grateful to the noble Lord, Lord Sherbourne of Didsbury, for making it possible for us to have it. I have listened carefully to all the contributions and have sensed the reasoning and the passion that, combined, make such a strong case to move this Bill forward.

I approached this exercise thinking that, as a garrulous Welshman, this was going to be the shortest speech I would ever make. After all, a Bill became an Act in 2009. It has proven itself over 10 years and has shown that the sunset clause was a mistake. I attribute no ill will to those who included it. This was a new Bill going in a new direction, and now we are looking at it and seeing if we cannot make it go in that direction for a long time more, so we should not attribute bad thinking to those who inserted the sunset clause and we should be delighted to see it removed. Indeed, since it was during a Labour Administration that this Bill came on to the statue book and Andrew Dismore was a sitting Member of Parliament at that time, and in view of recent controversies and anxieties, I say with all the energy and depth of passion I can that if getting this Bill on to the statute book contributes in even the smallest way towards healing wounds and reminding us all of our responsibilities to each other, I want it to happen for that reason alone—however minute that contribution might be.

So here we are with a very short Bill that has worked, alongside which these ways of evaluating claims have been inserted. Yes, it is a small number of cases—there may well be more—but it makes sense that what has worked and is seen to be morally right should be given the go-ahead, the green light, to continue into the hereafter.

My house was burgled once; somebody came in and stole stuff. He took money, and we could not give tuppence about that, but he also took my wife’s engagement ring, which had been a gift from her grandmother, and her grandmother’s brooch, within which there were two little cameo pictures of her and her husband when they were young—irreplaceable. Alongside the stories of the great works of art and treasures, which command their own logic and evidence, we must not forget that what particularly violates those from whom objects are taken is the loss of the personal items, the things that matter for everyday living, family memories and things like that. It is the great and the small. It is the mere act of violation that we need to do whatever we can to offer restitution to.

The noble Lord is most generous and I was enjoying and have a lot of sympathy with what he was saying. That is why I said that people within this building—the legislatures—have a choice. They can either oppress or protect. During the 19th century, they chose to oppress. That is why it is important because we must always be vigilant. It was, after all, a compliant legislature that introduced the Nuremberg laws. That is why I deliberately said that there was a choice.