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Works of Art (Nazi Era)

Mr. Dismore: To ask the Secretary of State for Culture, Media and Sport when he will make an announcement about the establishment of a panel to advise on works of art which may have been looted during the Nazi era. [111224]

Mr. Alan Howarth: I am very pleased to be able to announce that the right hon. Sir David Hirst has agreed to chair a Spoliation Advisory Panel to consider and advise on claims from anyone who lost possession of a cultural object during the Nazi era where such an object is now in the possession of a UK national collection or in the possession of another UK museum or gallery established for the public benefit.

The draft terms of reference for the Panel are set out below and I am now inviting interested organisations and individuals to let me have their views before these are finalised.

Spoliation Advisory Panel

Draft Constitution and Terms of Reference

Members of the Panel

1. The members of the Spoliation Advisory Panel ("the Panel") will be appointed by the Secretary of State on such terms and conditions as he thinks fit. The Secretary of State shall appoint one member as Chairman of the Panel.

Resources for the Panel

2. The Secretary of State will make available such resources as he considers necessary to enable the Panel to carry out its functions, including administrative support provided by a Secretariat ("the Secretariat").

Functions of the Panel

3. The task of the Panel is to consider claims from anyone (or from any one or more of their heirs), who lost possession of a cultural object ("the object") during the Nazi era, where such object is now in the possession of a UK national collection or in the possession of another UK museum or gallery established

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for the public benefit ("the institution"). The Panel shall advise the claimant and the institution on what would be appropriate action to take in response to such a claim. The Panel shall also be available to advise about any claim for an item in a private collection at the joint request of the claimant and the owner.

4. In an appropriate case the Panel may also advise the Secretary of State

(a) on what action should be taken in relation to general issues raised by the claim, and/or

(b) where it considers that the circumstances of the particular claim warrant it, on what action should be taken in relation to that claim.

Performance of the Panel's functions

5. In performing the functions set out in paragraphs 3 and 4, the Panel's paramount purpose shall be to achieve a solution which is fair and just both to the claimant and to the institution.

6. For this purpose the Panel shall:

(a) make such factual and legal inquiries, (including the seeking of advice about legal matters, about cultural objects and about valuation of such objects) as the Panel consider appropriate to assess each claim as comprehensively as possible;

(b) assess all information and material submitted by or on behalf of the claimant and the institution or any other person, or otherwise provided or known to the Panel;

(c) examine and determine the circumstances in which the claimant was deprived of the object, whether by theft, forced sale, sale at an undervalue, or otherwise;

(d) evaluate, on the balance of probability, the validity of the claimant's original title to the object, bearing in mind the difficulties of proving such title after the destruction of the Second World War and the Holocaust and the duration of the period which has elapsed since the claimant lost possession of the object;

(e) give due weight to the moral strength of the claimant's case;

(f) evaluate, on the balance of probability, the validity of the institution's title to the object;

(g) consider whether any moral obligation rests on the institution taking into account in particular the circumstances of its acquisition of the object, and its knowledge at that juncture of the object's provenance;

(h) take account of any relevant statutory provisions, including stipulations as to the institution's objectives, and any restrictions on its power of disposal;

(i) take account of the terms of any trust instrument regulating the powers and duties of the trustees of the institution, and give appropriate weight to their fiduciary duties;

(j) where appropriate assess the current market value of the object, and

(k) formulate and submit to the claimant, the institution and the Secretary of State, its advice in a written report, giving reasons.

Scope of Advice

7. If the Panel upholds the claim in principle, it may recommend either:

(a) the return of the object to the claimant, or

(b) the payment of compensation to the claimant, the amount being in the discretion of the Panel having regard to all relevant circumstances, and not tied to the current market value, or

(c) an ex gratia payment to the claimant, or

(d) the display alongside the object of an account of its history and provenance during and since the Nazi era, with special reference to the claimant's interest therein; and

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(e) that negotiations should be conducted with the successful claimant in order to implement such a recommendation as expeditiously as possible.

8. Where the Panel considers it appropriate to advise the Secretary of State under paragraph 4(a), it may make such recommendations in relation to general issues raised by the claim as it considers fit.

TRADE AND INDUSTRY

Sellafield

Mr. Leslie: To ask the Secretary of State for Trade and Industry when he expects the Health and Safety Executive and BNFL to report on the situation at Sellafield; and if he will make a statement. [111334]

Mrs. Liddell: Three HSE reports on the Sellafield site will be published by HSE tomorrow, Friday 18 February. BNFL's report into the data falsification incident at its MOX demonstration facility at Sellafield will also be published tomorrow. I will make arrangements for copies of the three HSE reports and the BNFL report to be placed in the Libraries of both Houses.

Hawk Exports (Zimbabwe)

Mr. Hilary Benn: To ask the Secretary of State for Trade and Industry if the Government of Zimbabwe has paid for (a) the Hawk aircraft and (b) the spare parts for these aircraft for which export credits guarantee support has been given. [109729]

Mr. Caborn [holding answer 14 February 2000]: ECGD supported bank loans to finance the sale of Hawk Aircraft and associated equipment to Zimbabwe in 1981 and 1989. These loans have been repaid.

Objective 2

Mr. Blizzard: To ask the Secretary of State for Trade and Industry what steps he is taking to enable GO-East to manage the Objective 2 Programme in the Eastern Region. [110137]

Mr. Caborn: In deciding on my Department's contribution to GO East's running costs for the financial year 2000-01 I shall have regard to the additional administrative demands which will arise if the European Commission agrees to a substantial Objective 2 Programme in the East of England.

Ilisu Dam

Mr. Brake: To ask the Secretary of State for Trade and Industry what discussions he has had with Turkey about the impact of the plans for the Ilisu Dam on neighbouring countries; and if he will make a statement. [110029]

Mr. Caborn: My right hon. Friend the Secretary of State personally has had no discussions with Turkey about this matter. ECGD and FCO officials are continuing discussions with the other export credit agencies involved and the Turkish authorities on a number of issues, of which this is one.

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Defence Exports (Bahrain)

Mr. Corbyn: To ask the Secretary of State for Trade and Industry if he will list the export licences for defence equipment to Bahrain for each of the past five years, indicating the amount underwritten by the ECGD. [109488]

Dr. Howells [holding answer 14 February 2000]: The entry in the relevant legislation under which the export of goods is controlled is known as their rating. The Export Control Organisation's computer databases have been interrogated. Between 1 January 1995 and 1 May 1997, 71 Standard Individual Export Licences (SIELs) and 19 Open Individual Export Licences (OIELs) were issued covering the export to consignees or end-users in Bahrain of goods subject to control by being listed in Part III of Schedule 1 to the Export of Goods (Control) Order 1994, commonly known as the Military List.

As regards export licences granted for the export of military goods to Bahrain between 2 May 1997 and 31 December 1998, details of export licensing decisions in this period were set out in the Government's Annual Reports published by the Foreign and Commonwealth Office in March and November 1999. The Reports give details of the military equipment licensed for export during the periods as well as the ratings of these goods. Similar details of the military equipment licensed in later years will be set out in the relevant Annual Reports.

As regards licences granted since 1 January 1999, the Export Control Organisation's computer databases have been interrogated. Between 1 January 1999 and 31 January 2000, 17 SIELs and 14 OIELs have been issued covering the export of the relevant goods to Bahrain. A breakdown of the licences issued between 1 January 1995 and 1 May 1997 and between 1 January 1999 and 31 January 2000 are set out in the tables.

Individual licences may cover a range of goods with various ratings (and OIELs may also cover a range of countries). Where this is so, the licence is included in the table in the total for all of the relevant ratings.

Standard Individual Export Licences issued for the export to Bahrain of goods on the Military List

Rating	1995	1996	1 January 1997 to 1 May 1997	1 January 1999 to 31 January 2000
ML1	10	9	3	9
ML2	2	0	0	3
ML3	2	5	1	2
ML4	1	3	0	0
ML5	1	1	0	4
ML6	0	2	0	0
ML7	4	2	1	0
ML9	0	1	0	0
ML10	1	1	0	2
ML11	2	6	2	0
ML13	0	2	1	0
ML15	4	3	0	1
ML24	0	1	0	0
PL5006	1	1	0	0
PL5017	0	0	0	3
PL5018	1	1	0	1
PL5021	0	1	0	0
PL5032	0	1	0	0

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Open Individual Export Licences issued for the export to Bahrain of goods on the Military List

Rating	1995	1996	1 January 1997 to 1 May 1997	1 January 1999 to 31 January 2000
ML1	0	0	0	1
ML2	0	0	0	1
ML3	0	0	0	1
ML4	0	2	0	2
ML5	0	3	0	7
ML6	0	2	0	3
ML11	2	5	0	6
ML13	1	5	0	1
PL5006	0	0	0	1
PL5017	1	1	0	1
PL5030	0	0	0	1

This information does not cover any Media OIELs that may have been issued during this period. Media OIELs authorise the export to all destinations of protective clothing, mainly for the protection of aid agency workers and journalists, when working in areas of conflict.

This information should be considered in light of the answer I gave to my hon. Friend the Member for Kingswood (Mr. Berry) on 27 July 1999, Official Report, columns 307-08W.

In addition, Bahrain is a permitted destination on certain Open General Export Licences, covering the export of goods on the Military List; copies of all Open General Export Licences valid at any time during the period are in the Library of the House.

As regards export credit, ECGD has not provided cover in support of the export of any defence related equipment to Bahrain in any of the last five years.

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