Holocaust (Return of Cultural Objects) (Amendment) Bill

I beg to move, That the Bill be now read the Third time.

As I will set out, the Bill seeks to address one of the consequences of the holocaust, still felt some 70 years or so after the events in question. As we prepare to reflect in this debate on the horrors to which hatred, prejudice and extremism can lead, I join others in expressing my shock and revulsion at what happened in New Zealand overnight. There is something deeply evil about attacking people in their place of worship. That the individuals responsible apparently planned, organised and even filmed this atrocity shows a truly appalling and stomach-churning degree of barbarity and callousness. I extend my support, sympathy and solidarity to everyone who has been injured, bereaved or harmed as a result of this terrible crime. I send my sympathies to all who are anxious and afraid as a result of what has happened, perhaps even including some of my own constituents.

I say to the right hon. Lady, as the co-chair of both the all-party group on British Jews and the all-party group on British Muslims, that Islamophobia and antisemitism are fellow travellers. She spoke powerfully about the events in Christchurch, and everyone in the House will share those sentiments. I do not plan to speak in this debate because I am conscious that there are other private Members’ Bills to be considered, and I know how frustrating it is when we cannot get on to business on which there is consensus, but I wish warmly to congratulate the right hon. Lady, because the progress of this Bill, from where it started to where we are now, has been no mean feat. It would not have happened without her hard work, perseverance and determination, and without cross-party support, so on behalf of my constituents, I thank her most warmly and sincerely.

I warmly thank the hon. Gentleman for what he said. He is so right: today of all days is an opportunity for everyone in this House to stand up and condemn antisemitism, Islamophobia, and racism and prejudice in all their forms. [Hon. Members: “Hear, hear!”]

As the hon. Gentleman just outlined, the Bill has enjoyed strong cross-party support at all stages in Parliament, including from the Government and the Opposition Front-Bench team. I thank them for that support, and I thank right hon. and hon. Members who took part in the debates on Second Reading and in Committee, and who supported the ten-minute rule Bill with which I started this process.

The objective of this two-clause Bill is to ensure that the 17 national museums listed in section 1 of the Holocaust (Return of Cultural Objects) Act 2009 are able to return to its rightful owners property that was lost, seized, stolen or looted during the Nazi era. Clause 1 will achieve that by removing section 4(7) of the 2009 Act. That provision is a sunset clause that will otherwise remove the 2009 legislation from the statute book on 11 November this year.

The 2009 Act is still needed. It started life as a ten-minute rule Bill introduced by Andrew Dismore, who was then the MP for Hendon. As colleagues will be aware, it is rare for the ten-minute rule Bill procedure to deliver a change in the law, but in that instance Andrew Dismore’s persistence prevailed. I very much hope that this Bill, which also started through the ten-minute rule process, will succeed in rescuing the legislation that Andrew managed to get through Parliament 10 years ago. Hopefully, this ten-minute rule Bill will come to the rescue of a previous one.

The 2009 Act addressed a problem that had arisen in relation to a number of our national museums such as the V&A, the National Maritime Museum and the National Portrait Gallery. As set out in its second and final clause, the Bill covers England, Wales and Scotland, but not Northern Ireland. Some of the institutions specified in section 1 of the 2009 Act are located in Scotland so, as the House has been told, a legislative consent motion has been secured from the Scottish Parliament.

My right hon. Friend is again making an incredibly powerful speech. I do not understand why a sunset clause was put into the original legislation. She is quite right that we must remove it with this Bill, which I hope will pass, but why was such a clause put into the legislation in the first place?

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.

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.

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.

May I ask my very good friend whether the Bill has any provision for the people who looted this treasure, took it away and then presumably sold it on, or possibly gave it away, because they were acting illegally? Personally, when I have come across looted churches and mosques, I have been involved in securing that property and making sure that treasures are kept there until someone responsible can take possession of them. I am concerned that these people seem to have got away with just stealing this stuff.

I am grateful to my hon. Friend for that intervention. No, I am afraid that the scope of this Bill is defined and narrow and relates to specific circumstances to enable our national museums to return looted property. However, there are provisions within the criminal justice system and the system of international law that are aimed at bringing to justice those responsible for crimes committed during the Nazi era.

The goal of those behind the holocaust went even beyond mass murder and mass killing. The evil men and women responsible also wanted to wipe out all traces of Jewish culture in Europe, and confiscation of property was a significant part of that repulsive project, so returning books and artworks covered by the legislation is not really about their monetary value. It is about restoring to people a tangible physical link with a lost loved one, and it is about the conservation of memories and culture that the Nazis wanted to eliminate.

My Chipping Barnet constituency is home to a number of holocaust survivors. I pay tribute to all of them for their courage and dignity and for the work that so many of them do to recount their stories to try to ensure that we never ever forget what happened. We owe it to them to enable this small recompense—the return of cultural property—to continue.

I am very grateful to my right hon. Friend. This is a very, very good Bill. I was brought up in her constituency, and, like Mr Speaker, born in Edgware. Many of my friends and neighbours were of the Jewish faith. Some of them had been in concentration camps, or had family members who had perished there. Fundamentally, there should be no sunset clause on the memory that we keep permanently as a society of that terrible outrage, so that we never forget it and therefore repeat it.

I wholeheartedly agree with that sentiment.

I would like to close my speech today, as I did on Second Reading, by reading out the thoughts of a family involved in one of these types of cases, not necessarily one directly determined under the 2009 Act, but one that expresses very clearly the underlying principle that we are considering today. Speaking of some paintings that were returned to them, one successful claimant told the Commission for Looted Art:

“They mean so much because these paintings symbolise that lost pre-war world and provide the last link with lives which were utterly destroyed or irrevocably transformed by the Nazis. The objects reflected the character and taste and personality of their owners. Stealing them was another form of taking the people themselves. It’s the meaning of these looted works of art that is central to why restitution is so important. In stealing property, the Nazis made no distinction between rich and poor. They took from both equally and they took everything. And by taking every part of people’s lives, the Nazis were also taking the evidence that people had once lived. So restitution is one way of restoring the dead to the living. That the restitution of looted artworks remains an issue almost 70 years after the war attests to that significance—and not to their financial value.”

Today’s horrific news from the other side of the world shows the horrors that hatred and extremism can lead to even in the modern world. At a time when antisemitic incidents are rising, it is more important than ever to stand up against all forms of hatred, racism and Islamophobia. This Bill is one way in which this House can do that.

Supporting this Bill provides a way to signal that we will not tolerate antisemitism or other forms of hatred, that we will always condemn it and that we will seek to root it out wherever we find it. Supporting this Bill is a way to demonstrate that we will never let the lessons learned from the holocaust to be overlooked or forgotten. Supporting this Bill is a way to show the respect that we bear for holocaust survivors who held on, suffered unimaginable trauma and survived against the odds, and I commend it to the House.

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.

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.

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.

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.