HC Deb 10 November 2003 vol 413 cc11-2
7. Michael Fabricant (Lichfield)

What plans she has to amend legislation to permit museums to repatriate human remains; and if she will make a statement. [137029]

The Minister for the Arts (Estelle Morris)

I hope to be able to use the Department of Health's proposed Bill on human tissue to relax current statutory prohibitions on the repatriation of human remains.

Michael Fabricant

I am grateful to the Minister for that answer. Several thousand human remains are held by various British museums, and a number of claims have been made over the years—mainly by native Americans, the Australian Government and the New Zealand Government—for their repatriation. The Government introduced a review two years ago, and 159 pages later, that review—the report of the working group on human remains—was published. But the Natural History Museum, which holds most of those remains, says that it achieves nothing, because under the criteria virtually none of the remains would be repatriated. So where are we now?

Estelle Morris

The hon. Gentleman is still sitting on the Bench behind the Front Bench. That is where he is at the moment.

The report has been published, there will be a period of consultation and the Government will respond to the report and consultation in due course. I know that the hon. Gentleman has taken a keen interest in this subject, but I do not think that the director of the museum was saying that nothing would be achieved. He was taking issue with one of the recommendations in the report. What has undoubtedly changed is that the Government have said—we agree with the hon. Gentleman about this—that human remains should be able to be repatriated. At the moment, by law, museums cannot do that even if they wish to. I would have hoped that he would welcome that announcement as a major step forward, and also welcome the fact that the Government have taken an early legislative opportunity to make that happen.

Let us consult and wait for the details of the working party's report. I repeat, however, that it is the Government intention to make sure that, when museums want to repatriate human remains, they will be able to do so. I hope that legislation on that will pass through both Houses of Parliament next Session.

Miss Julie Kirkbride (Bromsgrove)

Will the right hon. Lady reassure the House that, in seeking to change the law on this important matter, she will pay due regard to the fact that the human remains kept in British museums have as much right to be considered the property of mankind—they possess both our future and our past in their genetic structures—as they have to be repatriated to some ethnic groups who wish to have them taken back?

Estelle Morris

The hon. Lady puts very well both sides of the argument, and we have to find a way through that. However, it is true that some countries have to seek information from abroad if they wish to examine the remains of indigenous people, because no such remains rest in those countries. That cannot be right. I envisage a situation in which the Natural History museum and the British Museum are willing to repatriate some of the remains if they are legally able to do so. They will be able to do that once the Bill is passed.

The hon. Lady is absolutely right to suggest that there will be cases in which museums think that research needs to be carried out in this country. Part of the Government's response to the report must deal with the issue of how differences of opinion between the requests and the views of holding museums are to be resolved. I assume that she will continue to take a close interest in that subject.