WORKS OF ART. (Hansard, 3 May 1939)

§ Mr. Foot
Could we have some explanation of this Order, which deals with a not unimportant matter?

§ The Financial Secretary to the Treasury (Captain Crookshank)
This Order deals with works of art. In the Import Duties Act, 1932, books were placed on the original free list, but it was not till 1937 that arrangements were made for the exemption of sculptures, etchings and engravings. Such exemption can only be given on the receipt of a certificate from the Director of the Tate Galley. The Import Duties (Exemptions) (No. 15) Order, 1937, provided, broadly speaking, that sculptures, whether in the round, in relief or in intaglio, and hand-etched or hand-engraved blocks, plates, or other material and hand-printed impressions framed or otherwise thereof should be exempted from duty but only if they received such a certificate, with the condition that the number of replicas of any one sculpture which could be imported on the free list was limited to three. The procedure established in 1937 worked on the whole quite satisfactorily, but since then it has appeared as a result of experience that there is room for improvement. There has been some difficulty with regard to what I might call "works of traditional or conventional craftsmanship," which are not exactly works of art in the accepted sense. I have in mind, for example, marble tombstones, which are 2031 sometimes works of art and sometimes of traditional or conventional craftsmanship. Secondly, it was felt that there should be some limit to the number of engravings which could be imported free. Accordingly these two Orders have the effect together, first, of removing from the free list works of traditional or conventional craftsmanship and putting them on to the ordinary basis of ad valorem duty, and second, to limit to 25 the number of impressions of any one engraving that may be imported free of duty.

§ Mr. Garro Jones
Would the 25 that are admitted be the first 25 that seek admission at the ports, or would preference be given to a particular type?

§ Captain Crookshank
It would naturally be the first 25.

§ Mr. MacLaren
This is the most amazing performance I have ever witnessed in the House. It is a condition for the exemption of any article that it shall be certified by the Director of the Tate Gallery to be a work of art. Does he determine what is or what is not a work of art in this case?

§ Captain Crookshank
If it helps the hon. Gentleman, I might say that that has been accepted since as long ago as the Finance Act of 1937. It is the fact that he decides, not on the artistic merit of the particular article but whether he considers it falls within the definition of the Exemptions Order.

§ Mr. MacLaren
Is he to determine what is, by these words in this document—I would like to know who invented them—a work of art and what is traditional or conventional craftsmanship? Does the Director of the Tate Gallery determine that also?

§ Captain Crookshank
We are not in Committee and I do not know whether I should answer these questions seriatim, or whether the hon. Gentleman would like me to hear what he has to say and then to answer him afterwards?

§ Mr. MacLaren
I remember that on one occasion I had to raise a matter in this House about a piece of sculpture which had been produced in Rome by a British artist, whose education had been paid for out of public funds in this country. The 2032 statue was not allowed to be brought into this country without the payment of a heavy tariff. The artist was advised to take the statue back to Italy, and when it reached the Mediterranean the Italians would not have it in Italy. That is the kind of ridiculous situation which arises when you deal with works of art. I protest that the Director of the Tate Gallery, whether he knows if art is good, bad or indifferent, should have been appointed to hold a position under this Order. I would not mind if you called me in to define works of art under this Order, but I object to his doing it.
As to the question of what is traditional and conventional craftsmanship, I submit that there are many works of art which might come under this heading and be deemed to be traditional and conventional. A good many foreign tombstones come into this country, and I daresay that it is not the art which is really bothering the people who are promoting this Order. It is the objection to the importation of slabs for graveyards. I do not mind people playing about with tariffs and tariff Orders in the field of commerce. They can be as mad as March hares in the field of commerce and get away with it, but it is rather an insult to Art, or to what is really a work of art, to drag in works of art in this way. This is an Order not to protect works of art, but to protect the tombstone-makers of this country. What I object to in the main is, that a person outside this House should have this power of discretion and of advising what is and what is not a work of art. We have come to a nice state of affairs when a director of an art gallery has to be appointed for this purpose, and I take this opportunity of protesting in this House against an appointment being made in this manner.

§ Captain Crookshank
I am sorry that the hon. Gentleman takes exception to the fact that the Director of the Tate Gallery should have to give his certificate as prescribed by the Act of 1937, but the fact remains that this House agreed to this form of procedure two years ago. No doubt for reasons of his own, the hon. Member would consider that he himself would probably be a better judge than a Customs officer, which is presumably the obvious alternative. The hon. Member must bear in mind that there are other cases than tombstones. I only mentioned 2033 tombstones as one possible case. When he asks what is meant by works of traditional and conventional craftsmanship, I should say that they are the kind of works which are made to pattern and can be produced in very large numbers. The first one may be of artistic merit, but by the time you go on repeating and repeating it, you get into a different field. The hon. Member asked who invented the wording. It is the phrase used in the report of the Import Duties Advisory Committee which precedes this Order.

§ Mr. Garro Jones
Suppose there is an original work of art produced, and 25 copies are made. What would be the difference between the first 25 copies and 25 subsequent copies? Why is a numerical test adopted as to whether or not it is a work of art? It does not seem to be a well considered principle, but I do not wish to press the matter at this late hour.