Spoliation Advisory Panel

Lord Sewel

asked Her Majesty's Government:Whether they will publish proposals for the establishment of a panel to advise on cases of works of art which may have been looted during the Nazi World War II era. [HL1109]

I am very pleased to be able to announce that the right honourable 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 REFERENE

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 Secretriat ("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 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 providing 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

(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.

Volume 609: debated on Thursday 17 February 2000