The Government
have warmly welcomed the giving of Royal Assent to the Holocaust
(Return of Cultural Objects) Private Member’s Bill, as proposed by
Andrew Dismore MP.
The Bill, introduced on 26th January this year, will give the
governing bodies of national institutions named in the Bill the
power to return an object from their collection to its rightful
owner, as determined by the Spoliation Advisory Panel.
Andrew Dismore, proposer of the Bill, and MP for Hendon, said:
“I was delighted to have the opportunity of introducing this Bill
in the Commons and with all-party support seeing it through, even
though it had no procedural priority whatsoever.
“It shows what could be achieved by a determined backbencher: by
rolling out my sleeping bag and sleeping on the floor of the
Public Bill Office overnight, I was able to become the first in
the queue to apply for Second Readings after the balloted Bills,
and this tactic paid off.
“Once it becomes an Act, the Bill will right a long-standing
injustice by giving powers to museums and galleries to return
pieces of art and cultural objects taken from their rightful
owners during the period of the Nazi regime.
“Whilst I do not envisage the Act having to be used very
frequently, this is an important moral step, to ensure that we can
close yet a further chapter on the appalling crimes of the Holocaust.”
Before the passing of the bill, the Spoliation Panel could
recommend an object from a local institution be returned to the
claimant, if they were satisfied that the item had been stolen
during the Nazi era (1933-1945). However, national institutions
are forbidden by legislation from deaccessioning items, even if
they too have been investigated and judged to have been stolen. Up
until now a valuation of the object has been carried out in such
cases and an ex-gratia payment made in lieu of the return of the
item. Due to the success of this Bill, national institutions will
now be able to return treasures to claimants if the panel so
recommends and Ministers agree.
Culture Minister Margaret Hodge, said:
“This is a wonderful day, both for Andrew and those who will
benefit from this change in legislation. For too long, families
who had heirlooms stolen from them by the Nazis were unable to
reclaim them, although they were the rightful owners. This new Act
will restore the possibility for families who suffered so terribly
during the Nazi era, to get some justice by getting back their
heirlooms.”
Lord Janner of Braunstone Q.C., who supported this Bill through
the Lords, said:
“The issue of restitution is of vital importance to me. My entire
family in Lithuania and Latvia were murdered by the Nazis, the
killers stole all of their property. This bill will at least give
families of some holocaust victims the power to reclaim some of
their family property, which is in Britain.
“I am delighted that this bill has been supported by all
political parties, in both houses of parliament and I give special
thanks to Andrew Dismore for bringing this Bill through the
Commons.”
Jon Benjamin, Chief Executive of the Board of
Deputies of British Jews, said:
“We are extremely grateful for the invaluable assistance of
officials and politicians at DCMS, and in Parliament, in bringing
about this piece of legislation and would like particularly to
acknowledge Andrew Dismore’s role in the
Commons and Lord
Janner’s in the Lords.
“The Act corrects an anomaly that most people would be surprised
existed, and means that common sense prevails in the case of the
rightful heirs of looted artefacts being able to recover them. In
some small way, it helps to ease the pain of the enormous hurt of
the Holocaust by at least allowing items of sentimental and
emotional value to be restored the victims or their families.”
Anne Webber, Co-chair of the Commission for Looted Art in Europe, said:
“This is a great step forward and confirms Britain’s commitment
to providing justice even at this late stage. Objects taken by the
Nazis have immense meaning to the families concerned and returning
them provides some small measure of justice and consolation for
the lives that were destroyed. We greatly appreciate the role of
ministers and officials at the DCMS and particularly of Andrew
Dismore MP who introduced and spearheaded this bill, and hope
other countries which have not yet made restitution possible will
follow Britain’s lead.”
Scottish Government Culture Minister
Michael Russell said:
“The Royal Assent to the Holocaust
(Return of Cultural Objects) Bill is a significant moment and
demonstrates the importance the Scottish Government and the UK
Government place on this issue.
“Introducing this legislation alongside the rest of the UK,
ensures that should any instances arise, Scotland’s National
Institutions will have the ability to return cultural objects that
were looted during the Holocaust era to their rightful owners. I
firmly believe this is the right thing to do.”
NOTES TO EDITORS
1. The Holocaust (Return of Cultural Objects) Bill was introduced
in the House of Commons on 26 January and was given Royal Asset on
12 November. It is a Private Member’s Bill which has been
supported by the Government. The Bill gives the governing bodies
of the national institutions named in the Bill a power to transfer
an object from their collection and return it to the claimant,
provided that the Spoliation Advisory Panel recommends return and
Ministers agree, thus putting them on the same footing as other
museums which can make such returns. The Bill will expire on 12
November 2019. The power extends to national institutions in
Scotland, following the agreement of the Scottish Parliament in a
motion passed on 25 June. The power is not needed in Wales and
Northern Ireland, where museums can return such items.
2. The powers in the Act, will be brought into force shortly by a
commencement Order made by the Secretary of State for Culture,
Media and Sport, Ben Bradshaw.
3. The then Arts Minister Alan Howarth announced the setting up
of a Panel to help resolve claims on art looted during the Nazi
era on 17 February 2000 and the full membership of the Panel on 13
April 2000.
4. The Declaration of Principles agreed at the Washington
Conference on Holocaust-Era Assets of December 1998 states, among
the other principles, that:
a. pre-War owners and their heirs should be encouraged to come
forward and make known their claims to art confiscated by the
Nazis and not subsequently restituted;
b. if the pre-War owners of art that is found to have been
confiscated by the Nazis and not subsequently restituted, or their
heirs, can be identified, steps should be taken expeditiously to
achieve a just and fair solution, recognising this may vary
according to the facts and circumstances surrounding a specific case.
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