Holocaust (Stolen Art) Restitution Bill


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Mr. Dismore: I thank the Minister for all the work that she and her officials have done to help with the Bill, and I thank the Committee for attending on a difficult day because of the tube strike.
I correct my hon. Friend on a small point that she made. I understand that in the Netherlands the time for submitting a claim has been extended indefinitely.
Lembit Öpik rose—
The Chairman: Order. There are a couple of points that we need to correct. First, we are not at the end yet, so we are somewhat premature. This has been a delightfully informal series of exchanges, which is novel to me in something like 20 years’ experience in the Chair—a new-found liberty. However, we must return to business as it ought to be conducted and deal with the question before the Committee.
Amendment 9 agreed to.
Amendment made: 10, in clause 3, page 2, line 12, leave out subsection (2) and insert—
‘(2) The preceding sections of this Act come into force on such day as the Secretary of State may by order appoint.
(3) An order may make different provision for different purposes.
(4) Before appointing a day for the coming into force of the preceding sections of this Act so far as they relate to Scottish bodies the Secretary of State must consult the Scottish Ministers.
Clause 3, as amended, ordered to stand part of the Bill.

New Clause 1

Power to return victims’ property
‘(1) A body to which this Act applies may transfer an object from its collections if the following conditions are met.
(2) Condition 1 is that the Advisory Panel has recommended the transfer.
(3) Condition 2 is that the Secretary of State has approved the Advisory Panel’s recommendation.
(4) The Secretary of State may approve a recommendation for the transfer of an object from the collections of a Scottish body only with the consent of the Scottish Ministers.
(5) “Scottish body” means—
The Board of Trustees for the National Galleries of Scotland,
The Trustees of the National Library of Scotland,
The Board of Trustees of the National Museums of Scotland.
(6) The power conferred by subsection (1) does not affect any trust or condition subject to which any object is held.
(7) The power conferred by subsection (1) is an additional power.’.—(Mr. Dismore.)
This provides that a body listed in clause 2 may transfer objects from its collections where two conditions are satisfied. First, the transfer must be recommended by the Advisory Panel. Secondly, the Secretary of State must approve the recommendation (with the consent of the Scottish Ministers in some cases).
Brought up, read the First and Second time, and added to the Bill.

New Clause 2

“Advisory Panel”
‘(1) For the purposes of this Act “Advisory Panel” means a panel for the time being designated by the Secretary of State for those purposes.
(2) The Secretary of State may designate a panel for the purposes of this Act only if the panel’s functions consist of the consideration of claims which—
(a) are made in respect of objects, and
(b) relate to events occurring during the Nazi era.
(3) “Nazi era” means the period—
(a) beginning with 1 January 1933, and
(b) ending with 31 December 1945.’.—(Mr. Dismore.)
This defines “Advisory Panel” for the purposes of the Act. The panel is to be designated by the Secretary of State. The Secretary of State may only designate a panel whose functions consist of considering claims relating to events occurring during the Nazi era (1933 — 1945).
Brought up, read the First and Second time, and added to the Bill.

Title

Amendment made: 1, in title, leave out lines 1 to 5 and insert
‘Confer power to return certain cultural objects on grounds relating to events occurring during the Nazi era’.—(Mr. Dismore.)
This amendment substitutes a new long title to the Bill.
Question proposed, That the Chairman do report the Bill, as amended, to the House.
Mr. Vaizey: Thank you, Mr. Cook.
The Chairman: Order. I must remind right hon. and hon. Members that it is customary throughout the parliamentary system that when a Member seeks to make a statement, they undergo a process called “catching the Speaker’s eye”. The only way to do that is to stand in one’s place and make it plain that a statement is forthcoming. Mr. Vaizey, stand up, please. It is no good making the request and then sitting on your butt.
10.00 am
Mr. Vaizey: I thought that I was getting up. After that intervention, I shall try, as one of our great actresses said, to gather my thoughts.
This is a small but important Bill which Conservative Members welcome. It has not, despite the broad consensus in this Committee, had the easiest of passages. In fact, this is an opportunity for me to pay tribute to the work of Anne Webber and all those who have campaigned for such a Bill. Although the Bill’s objectives are something that every right-thinking individual would welcome, there was also, potentially, an important principle at stake, which was the inviolability of our national collections. It was therefore extremely important, and somewhat time-consuming, to engage with those looking after our national collections, the directors of our national museums, to ensure that they were comfortable that this was not somehow the thin end of the wedge. I know that the hon. Member for Hendon may be pushing some more wedges into our national collections with another private Member’s Bill not unrelated to friezes from the east of Europe. Nevertheless, it is very welcome that we have arrived at this point today.
I know that national museums have worked very closely with the Government, the hon. Gentleman, Anne Webber and others to ensure that this Bill will be passed. The Bill is very clear in its aims. It gives all those who feel that they have a justified claim to an object looted by the Nazis which is in a national collection the opportunity to make that claim. It provides a very sensible mechanism in which an advisory committee can make a recommendation, the Secretary of State can approve it and the trustees may have the final decision before that object is released, thereby keeping in place the principle that the trustees are the guardian of the collection.
I also welcome the fact that there is a sunset clause. As other hon. Members have pointed out, sunset clauses are, in principle, a very good thing to include in any legislation. Conservative Members wholeheartedly welcome the Bill.
Lembit Öpik: The hon. Member for Wantage says that this is a small but important Bill. I would say that it is a simple but important Bill, because, for those whom it assists, it is of tremendous importance in righting a wrong that dates right back to Nazism and the second world war. Nazism nearly destroyed Europe, and it was thanks to the courage of the British people and our unassailable ally, the USA, that Hitler was ultimately defeated. Nevertheless, the Bill illustrates the reach of Nazism and the damage that was done by that appalling creed. There are many families, including my own, who were permanently affected by the consequences of the second world war. It is a matter of honour for me to serve on this Committee and to see a collective consensus across parties which is far more important than any partisan dispute.
I am involved with the Holocaust Education Trust because I think that we must never forget what happens if good men sit and do nothing when evil is perpetrated. This restitution draws a line in the sand which indicates that Britain, and, indeed, no right-thinking country, will ever again allow that kind of injustice to be perpetrated, either in the name of democracy or of humanity. I pay tribute to the hon. Member for Hendon, who has made a powerful statement in simple terms, which I am sure we all agree with, that Nazism, injustice and inhumanity must never be allowed to triumph.
Mr. Lee Scott (Ilford, North) (Con): May I say, for anyone who was unable to get here this morning, that I apologise for my constituent, Mr. Crow, not allowing people to get here? I will be passing that message on to him when I see him next.
I would like briefly to pay tribute to the hon. Member for Hendon. Many of my own constituents, along with people from all over the country, owe him a debt of gratitude for this Bill, and I thank him for introducing it.
Mrs. Louise Ellman (Liverpool, Riverside) (Lab/Co-op): I, too, pay tribute to my hon. Friend the Member for Hendon for his work and perseverance, and I would also like to thank everybody else who has been involved in bringing the Bill to this point today.
The wrongs and the horror of the Nazi era can never be put right, but there are areas where restitution can be made in an attempt to keep memories alive and bring some kind of justice for the descendants of those who perished in such a terrible way. This is one such area. It is very important that the matter has been approached in a careful and balanced way, with safeguards written into the process. The fact that we have got to this point is due to the work of so many people in looking at the detail and operation of the measure, as well as the principle. I would like to record my appreciation to everybody who has been involved and give particular thanks to my hon. Friend for his dedication, initiative and perseverance.
Barbara Follett: I reiterate my tribute to my hon. Friend the Member for Hendon and thank all members of the Committee. As you said, Mr. Cook, it has been more informal than usual. Perhaps that is because the matter is more consensual than usual; perhaps it is also because there are no Whips present. I am very glad that we have cross-party consensus on this issue.
I would like to pay tribute to my right hon. Friend the Member for Barking (Margaret Hodge). It was under her aegis, when she was holding the job that I now hold, that we began work on this Bill. I particularly thank all those outside Parliament who have worked so hard to make sure that this happens. They have put right a very old wrong, one that needed to be corrected. Finally, I thank you, Mr. Cook, for your patience with us all today.
Mr. Dismore: I thank all hon. Members for their kind remarks about the Bill and repeat my thanks to my hon. Friend the Minister and, indeed, her predecessors. Several of them, including my right hon. Friend the Member for Barking, have taken an interest in this issue. I also thank my hon. Friend’s officials, who have been patient with me throughout my e-mail bombardment of them, which I hope did not cause too much offence.
I also thank you, Mr. Cook, for your patience and wonderful chairmanship today. The fact that we have been able to get through the proceedings in 39 minutes is a tribute to that and to the Committee as a whole.
The Chairman: I am afraid that my patience is now exhausted.
Question put and agreed to.
Bill as amended, accordingly to be reported.
10.9 am
Committee rose.
 
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Prepared 11 June 2009