THE GOVERNMENT'S FORMAL REPLIES
9. In October 2000 the Government submitted its initial
reply to the Report of 2000. It deferred a substantive response
to recommendations on tackling the illicit trade in cultural objects
until its new advisory body, ITAP, had reported.
10. The Government, however, agreed that there might
be a case for legislation to permit disposals from within the
collections of national museums and galleries in specific and
defined circumstances. The Government reported initiating consultations
on these issues for both human remains and spoliation.[14]
11. In March 2001 the Government submitted a further
reply to the Committee.
Illicit trade
12. On illicit trade, the Government:
a) reported the broad agreement of ITAP with
the previous Committee's recommendations, accepted the recommendation
for a database and reported that the Home Office had set up a
working party in January to study these matters "urgently";
b) deferred an answer on UK accession to UNIDROIT
or UNESCO conventions (with ITAP preferring the latter) until
after further consideration;
c) said it was considering the question of a
new criminal offence; and
d) reported that ITAP would remain in existence
to review progress and implementation of agreed initiatives.[15]
Human remains
13. On human remains the Government's reply recorded
the establishment of a working group on human remains. Its remit
was to:
a) examine the legal status of human remains
in publicly funded museums and galleries; their powers to release
human remains from their collections; and the desirability and
possible form of legislative change;
b) consider the circumstances in which material
associated with human remains might properly be included within
any such change; and
c) consider the drawing up of a statement of
principles (and supporting guidance) on the care of human remains
and on handling claims.
There was reference to the working group starting
the process required to enable a Regulatory Reform Order to go
forward which would tackle the blanket prohibition on the return
of human remains by national museums and galleries.[16]
Spoliation
14. With regard to spoliation, the Government reported
that, in relation to cases of alleged wrongful taking during the
period 1933 to 1945, the National Museums Directors Conference,
the Museums Association, the Museums Standing Group on Repatriation,
the Tate Gallery and Resource: The Council for Museums, Archives
and Libraries had been consulted. The reply stated that as a result
"There has been general agreement from those consulted that
the removal of legislative barriers to restitution should be sought.
The Government has begun cross-party discussions about the possibility
of permitting the Trustees or Boards of National Museums and Galleries
to be able, where appropriate, to return items which were wrongfully
taken during the period 1933 to 1945." The Government referred
to the possibility of achieving this change again by means of
a Regulatory Reform Order (under the relevant Bill which was going
through Parliament at that time).[17]
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