BRITISH MUSEUM BILL [H.L.] (Hansard, 15 March 1962)

§ LORD HURCOMB
My Lords, I rise at the request of and on behalf of the Trustees of the British Museum, of whom I have the honour to be one, to move the Second Reading of this Bill to enable the Trustees of the British Museum to lend certain works of art for exhibition in Vienna. I will explain, as briefly as I can, the reasons why the Bill is necessary if this loan is to be made; why it is thought that an exception should be made to the general rule 313 in the case of this particular exhibition; and why the works of art specified in the Schedule to the Bill are of particular relevance to the purposes of the exhibition. Before I do that, may I say that I believe the initiative of the Trustees in this matter is welcomed both by the Foreign Office and, indeed, by Her Majesty's Government.
Your Lordships will have noticed that the Bill has a very limited scope. It seeks to authorise the loan of a few specified works for a brief period. You may wonder why it is necessary that you should be troubled with a Bill with so limited a purpose. But a Bill is necessary because it is held that, so far as the collections at Bloomsbury are concerned, the Trustees have no power to lend abroad, and, indeed, are precluded by Statute from doing so.
The Natural History Department's collections in South Kensington, where the circumstances are very different, are also in a different statutory position. It was recognised some years ago that, in modern conditions, the immense collections of specimens in the Natural History Museum could not be satisfactorily identified and classified unless our own experts—who rank, of course, among the leading taxonomists of the world—were able on occasion to send their material for examination and verification by specialist colleagues abroad. In order to enable current and essential work of the Museum to proceed, an Act was passed in 1955 giving the Trustees discretion as to what they might lend for purposes of research. So far as the collections at Bloomsbury are concerned—and that means all the great antiquities, works of art, books, prints and drawings—the position remains as laid down in an Act of 1924, which defines the express power of the Trustees as being limited to loans for public exhibition in any gallery or museum under the control of a public authority or university in Great Britain.
Your Lordships may ask whether there is any precedent for making any loan, even under the express authority of Parliament, as is now proposed. There is one, and, I am informed, only one, such precedent. In 1946, just after the war, authority of Parliament was obtained to lend the Laycock Abbey revision of Magna Carta for two years to the Library of Congress. This was obviously 314 a most exceptional request, and little, if any, objection was voiced against acceding to it. Indeed, such is the level of learning and scholarship prevailing in your Lordships' House that most of the Second Reading debate on that Bill, and the whole of the proceedings in Committee, turned on the question whether "Carta" should be spelt with an "h" or not. The result of your Lordships' consideration of this question was to delete the offending aspirate which had intruded itself into the Bill as drafted but which, in the words of the then Lord Chancellor, Lord Jowitt, had never before "disgraced our Parliamentary records".
I come now to the nature of this Exhibition in Vienna. It is being organised by the Council of Europe as one of a series, in which the Fifth Exhibition, illustrating the Romantic Movement was held, as many of your Lordships will remember, at the Tate Gallery in 1959, when this country had the privilege of seeing many important paintings and sculptures from other countries. All the great museums and galleries of the world, so far as I am aware (with the possible exception of the Prado; though on this point I may not be quite accurate) hold themselves free to lend abroad, and in fact do so.
The object of the Vienna Exhibition, which, as I have said, is being held under the auspices of the Council of Europe, is to illustrate European art around the year 1400—a cultural theme of great interest to all European countries, and not least to our own. The works for which the promoters have asked us are of importance to that theme. Out of our rich collection of drawings they have asked for the four which are specified in the Schedule to the Bill, and which were all executed about the year 1400. But they have also asked to be permitted to exhibit what is known as the Royal Gold Cup, a superb piece and, as I am now assured, the only piece of secular plate of importance surviving from that period, and showing in all its magnificence the effect of enamel upon gold. Many of your Lordships have, I hope, seen this Cup at the British Museum, where it is exhibited in the King Edward VII Gallery and, even in that treasure house, stands out as a result of its striking beauty and merit.
315 If I am not detaining your Lordships too long, perhaps I might say a word or two about the history of this Cup. It was made in France in the year 1380 for the Duc de Berry, who presented it to Charles VI of France. On Charles' death, it came into the possession of the Duke of Bedford, then Regent, in days when I think we laid claim for our King also to be King of France. It came into the possession of the Duke of Bedford legitimately, according to the best information. It was transferred by him to England, where it became part of the Royal Treasure of King Henry VI.
The stem of the Cup was altered in Tudor times, under Henry VIII, and later the Cup was given away by James I, on the conclusion of a Treaty with Philip III of Spain, in 1604, to a Spanish envoy, the leader of the mission and Constable of Castile. He, in turn, presented it to a Spanish convent in the diocese of Burgos. And there it remained until 1883. In that year the Abbess being, like some other heads of illustrious organisations, short of funds (in official language: or otherwise "hard up") had the happy thought of realising it; and instead of trying to sell it in Spain took the precaution of sending it by a priest to Paris, where she sold it. Her right to do so was challenged, but not successfully, and the Cup was bought by a French collector. Later, by a sale initiated by a British firm, it was acquired in the market by Messrs. Wertheimer's, who generously enabled the Museum to acquire it in 1891 at the price which they had paid for it.
So, in addition to its immense artistic merit, the Cup has an interesting history, and no doubt it might be said by some people: "Why, after those vicissitudes, should it not be thought best to leave it safe where it is?" But, my Lords, it is essentially, by its nature and its unique character, the type of its workmanship and the date of its execution, the kind of thing which an important international Exhibition would seek to show and which ought indeed to be lent if exceptions at all are to be made.
The fame of the British Museum inevitably means that we shall not be asked to lend mediocre or second-rate works of art or things that can be equally well obtained elsewhere. Some of your Lordships may perhaps wonder if any 316 exceptions should be made. Others may think that the Trustees should have more general discretion than they now possess and that it should not be necessary for them to come to Parliament every time they wish to meet the reasonable wishes of some important international gallery, museum or exhibition. I do not know what your Lordships' view on that question may be, but whatever views are expressed will be very carefully considered, I am sure, by the Trustees.
I think there will be growing recognition that the circumstances have altered, that these endeavours to get an understanding of our common culture are of importance to good international relationships and that transport and technical means for moving things of this kind are more advanced than they were. Many people, I think, will take the view that it seems almost churlish to persist in an entirely negative attitude that nothing can be lent abroad from our vast collections, but I am not raising that broad issue with your Lordships this afternoon. I would submit, with great respect, that that is not the issue before the House; all I am asking your Lordships to do is to approve the loan of these few specified works to this particular and important international Exhibition for the space of a few months.
As regards details of the Exhibition, I ought perhaps to add that the cost of the loan, if we are authorised to make it, will be borne by the British Council. And I will conclude by assuring your Lordships that the Museum authorities will take every possible precaution for the care and safe return of whatever is lent. I might add that they have it in mind that the Cup and the Drawings should be accompanied by a senior and expert member of the Museum staff who will also be able to supervise the arrangements for their display. With these explanations, my Lords, I beg to move the Second Reading of this Bill.

§ LORD WILMOT OF SELMESTON
My Lords, I feel that we are very indebted to the noble Lord, Lord Hurcomb, for his very clear and charming explanation of the purposes of this little Bill. There will be none among us. I feel, who would wish to resist his 317 appeal. We in this country have had immense benefit and joy from the advantages we have had of seeing the treasures from European collections over and over again, particularly in the 1959 Exhibition at the Tate Gallery on "The Romantic Movement" in Europe, and some little time earlier we all remember the superb display of Viennese treasures in the same gallery. I can only hope that we shall enthusiastically pass this Bill.
I would, however, draw your Lordships' attention to the point which the noble Lord, Lord Hurcomb, made. Whereas, I think I am right in saying, our art galleries, and I think the Victoria and Albert Museum, are free under their statutes or charters to lend their precious things to foreign exhibitions when it appears suitable and subject to proper safeguards, the British Museum, almost alone, is required to come to Parliament with these Bills to ask permission to lend any particular object. It seems to me an unnecessary procedure, for if we can devise a method by which the Victoria and Albert Museum can be trusted to lend the treasures which are in their collection, we can equally give such powers to the Trustees of the British Museum. I hope we shall be able to find time to encourage the Trustees to produce a draft of a Bill giving them the necessary powers to do what the Victoria and Albert and other museums and art galleries can already do without this rather tiresome and, I think, rather paltry procedure.

§ THE LORD CHANCELLOR (VISCOUNT KILMUIR)
My Lords, it gives me the greatest pleasure to convey the Government's support for this Bill—for two reasons. I have the honour, by virtue of my office, to be one of the principal Trustees of the Museum, and, secondly, I was one of the original members of the Assembly of the Council of Europe, under whose auspices the Exhibition will take place; and I should like to add my word with regard to the purpose of the Exhibition.
I am sure that this Eighth Exhibition organised by the Council, being one of Mediæval Art Treasures in Vienna, will be very worthwhile, and I agree with the noble Lord who moved this Bill so admirably and with Lord Wilmot of 318 Selmeston that we have the happiest recollection of the Fifth Exhibition, which was held at the Tate Gallery, on "The Romantic Movement". I think they will agree that it was the most comprehensive review of romantic paintings and sculpture ever seen—one can put it as high as that. It included, of course, generous contributions from our neighbours in Europe. Apart from the intrinsic excellence of the exhibits, it was most important as showing the interdependence of the great streams of European artistic development. Now we have the chance to make some return. I am sure, too, that we have all been delighted this afternoon by the account given by my noble friend Lord Hurcomb of the exhibits, especially of the history of the Gold Cup.
My Lords, I was greatly interested in what the noble Lord, Lord Wilmot of Selmeston, said with regard to his suggestion of a more general provision. As has been said, the Trustees have always been precluded by Statute from lending abroad, and although, as the noble Lord, Lord Hurcomb, said, there is a precedent for legislation to enable them to do so in exceptional circumstances. The examples of that are not very common. I should like to assure the noble Lord, Lord Wilmot of Selmeston, that I truly understand the importance of his point. As he said, it is a matter for the Trustees to consider, but I shall personally convey his remarks to my right honourable and learned friend the Chancellor of the Exchequer so that, from his interest in that part of our national affairs, he, too, will consider it. I think it is a very important point which ought to be considered. I know that your Lordships will have been glad to hear from the noble Lord, Lord Hurcomb, of the care that will be taken to prevent any possible risk of damage. That is an important matter and one which the Trustees have very much in mind with regard to the treasures in their care.
It is interesting, on an occasion like this, just to spare one moment to look at a triple growth of interest in this country which has certainly taken place since the end of the war. The first is an interest in education, apart from a development in education; the second, increased interest in the fine arts; and the third, I believe, an increased interest in the common cultural heritage of 319 Western Europe. The last, coupled with the first two, can be a matter of great importance for international understanding, and because I believe that the action which the Trustees desire to take, and which they desire us to permit, will help in all those three important matters I consider it an honour and pleasure to support the Bill.

§ LORD HURCOMB
My Lords, there is nothing I can add to what has been said, except that I am sure that all my fellow Trustees, including the Official Trustees and Principal Trustees will be very gratified by the way in which your Lordships' House has been good enough to receive this Bill.