Asked by
To ask His Majesty’s Government what is their assessment of
progress made at the International Terezin Declaration Conference
in November 2022 towards securing from the government of Poland
(1) restitution, (2) compensation, or (3) commemoration, of
property stolen from Polish Jewish victims of the Holocaust.
The Minister of State, Foreign, Commonwealth and Development
Office () (Con)
My Lords, it is this Government’s assessment that there has been
no progress on these important issues in Poland itself following
legislation passed in 2020 which closed the door to any
restitution or compensation claims. However, we continue to urge
the Polish Government to take steps to ensure that claims are
addressed. My noble friend , the UK Special Envoy for
Post-Holocaust Issues, raised this in a meeting with the Polish
ambassador on 3 August. He will raise it again during his visit
to Poland this week.
(CB)
Continuing the theme of breaches of human rights, Poland is the
only modern European country not to fulfil its moral and legal
duty in relation to property. I have been asking this question
for 14 years: asking the Government to take action on behalf of
thousands of dispossessed victims, both Jewish and non-Jewish,
and Poland has responded by putting more and more obstacles in
the way of claims by legislating against them and even making it
an offence to discuss Poland’s involvement—if it was—in the
Holocaust. New Prime Minister Tusk promises to restore the rule
of law and take Poland forward to liberal democracy, so, rather
than just attending conferences with supporters, will the
Government reopen direct negotiations with Prime Minister Tusk
and raise at the Council of Europe Poland’s human rights failure
to honour the obligation to restore property? It is a stain on
Poland’s record.
(Con)
My Lords, the noble Baroness will also recognise, as I did when I
was preparing for this particular Question, exactly how her
sentiments were similar to my sentiments, in that I have had to
respond on a number of occasions in different ministerial
portfolios on this question. The new Government are being formed.
Obviously, the results are still being taken forward and
different parties and alliances are coming together. The clear
indication is very much that Mr Tusk may well emerge in forming
the new Government. We will of course continue to prioritise
it.
I would say to the noble Baroness that it is not just about
attending meetings or conferences. The noble Baroness will know
of the direct leadership of my noble friend on this issue. We
take a strong stand on the issue of property restitution, in line
with our unwavering commitment to supporting Holocaust survivors
and families, and we will continue to do so in the months and
years ahead.
(Lab)
My Lords, three years ago, the noble Baroness raised the question
of the US legislation, and the Minister gave a sort of equivocal
reply then. Clearly, this is something that should be reported on
a regular basis. I ask the Minister to examine what the US was
able to do in 2017, five years ago, and ensure that this
Parliament can take up its responsibilities. We should not forget
that the declaration requires us to do something; it is not
simply a matter left to Poland.
(Con)
My Lords, equally, the noble Lord will recognise, first of all,
that I agree with his sentiments, but the Terezin Declaration was
signed by 47 countries. It puts obligations on each country,
including us, and I have given assurance again today about the
importance of restitution and the United Kingdom Government’s
position on this. We will also have a moment of focus next year
when we take on the presidency of the IHRA, which will allow us
again to prioritise this particular issue. Of course, we look at
countries and the legislation they have proposed. Let us not
forget also that Poland has signed this declaration. It is of
course non-binding: nevertheless, I assure the noble Lord that we
are looking at all avenues to see how we can make the case most
effectively. One hopes that the new Government in Poland will
reflect on their responsibilities again.
(LD)
My Lords, I pay tribute to the persistence of the noble Baroness.
The Commission for Looted Art in Europe, whose work I commend,
has been lobbying very hard for the implementation of the legal
agreements that have been made. There has been European Union
legislation, which Poland should be held to account to implement.
What mechanisms are there when it comes to the United Kingdom,
not only for public collections to make sure that they are
properly audited, but also the private sector trade, sometimes
far too regrettable, in looted goods? What mechanisms are there
within the TCA with the European Union that we negotiated that
will ensure that there are full audit trails for any goods? When
we are negotiating bilateral trade agreements going forward, I
have not yet seen any mechanisms in place through which this will
be able to be reported on. I am very happy to discuss this
separately with trade Ministers, but this surely is an area where
there should be no loopholes.
(Con)
I agree with the noble Lord about identifying where we can
strengthen our legislation and legislative approach. Also, when
it comes to issues of agreements, I will follow that up with our
colleagues in the Department for Business and Trade. The noble
Lord makes a more general point about how we can hold countries
also to their responsibilities. One does hope for this. As I
said, it is a non-binding declaration: nevertheless, the
countries that have signed up have taken action. When it has come
to issues of culture and books—there was a particular issue with
the Library—we ourselves as a Government have ensured that those
artefacts are fully protected and sustained, and indeed, where we
can find true ownership, are returned.
(Non-Afl)
My Lords, after years and years of pressing Polish
Administrations to move on this issue, as Poland is the only
country that has not in Europe, out of those discussions the
Government must have some idea of what objections the Poles have
got to acceding to their obligations. I wonder whether the
Minister could enlighten the House and tell us what the arguments
are that Poland is putting forward and has done over past decades
as to why it refuses to accept its obligations.
(Con)
My Lords, many agreements were signed after the Second World War.
Often, different Governments in Poland have sought to point to
these issues having been settled. This declaration makes sure
that the legacy that remains is kept at the forefront of
Governments’ minds; as I said in my Answer to the noble Baroness,
Lady Deech, Poland passed legislation to the contrary in 2020. Of
course, it remains at the behest of the Polish Government to look
at legislation once again. There is a new Government in place and
we will certainly once again make the case to them directly.
