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Chamber

Plenary, 31 Jan 2007

31 Jan 2007 · S2 · Plenary
Item of business
Tribunals, Courts and Enforcement Bill
I echo the comments of colleagues from all parties. Although we support most of the reforms in the legislative consent motion, a particular issue that arises is the immunity from seizure that the bill will give to international works of art that are on loan to exhibitions in Scotland.

I understand why, in relation to certain spurious private actions—for example, actions to enforce unrelated debts—we might wish to protect the public's interest in viewing an exhibition. However, I do not believe that any member here or at Westminster would promote or elevate the exchange or sharing of cultural items above the restoration of property that was looted during one of the most horrific and grotesque periods of recent history. Frankly, I do not believe that any member of the public would want to view, on public display in Scotland, works of art that were robbed from families who were stripped of their rights, humiliated as individuals and systematically murdered under the Nazi regime.

I know that the Deputy Minister for Justice shares my abhorrence at that prospect, but does she recognise that there is concern that the guidance on the provenance and ethical acceptability of items that are made available for exhibit abroad is not observed? The recently agreed guidance is welcome, but it is a voluntary code and there are genuine fears that it is not complied with.

Can the minister give us further assurance that the Tribunals, Courts and Enforcement Bill will not offer immunity or protection from seizure unless there is evidence that the ownership of a cultural item has been examined? Will she further undertake to make representations to our Westminster colleagues and her ministerial counterparts to ensure that the rights of the true owners of stolen works of art are protected?

In the same item of business

The Presiding Officer (Mr George Reid): NPA
The next item of business is a debate on motion S2M-5427, in the name of Cathy Jamieson, on the Tribunals, Courts and Enforcement Bill, which is United Kingd...
The Deputy Minister for Justice (Johann Lamont): Lab
Presiding Officer, I am conscious of the limited time available, so, with your permission, I will speak only briefly in my opening contribution. I hope to be...
The Presiding Officer: NPA
A number of members want to speak. I will not get them all in unless remarks are kept closer to two, rather than three, minutes.
Stewart Stevenson (Banff and Buchan) (SNP): SNP
In a world of shifting boundaries—one thinks of the Balkans, Africa and the middle east—and with the overhang of history from the Holocaust, there are many c...
Mr David Davidson (North East Scotland) (Con): Con
I welcome the minister's comments and the clarity that she attempted to give. We in the Conservative party welcome much of the content of the bill. A number ...
Donald Gorrie (Central Scotland) (LD): LD
The Scottish Council of Jewish Communities is, naturally, one of the groups that has studied this issue carefully because of the problems arising from the Na...
Chris Ballance (South of Scotland) (Green): Green
I will be brief, but I think that it is important that the breadth of voices of those in the chamber who have worries about part 6 of the bill in particular ...
The Presiding Officer: NPA
Order. A little more courtesy, please. There are too many private conversations going on.
Mr Kenneth Macintosh (Eastwood) (Lab): Lab
I echo the comments of colleagues from all parties. Although we support most of the reforms in the legislative consent motion, a particular issue that arises...
Johann Lamont: Lab
This is a significant debate. I have to say that I disagree strongly with the contention from our friend from the Green party that some folk in the chamber w...