"The Three Graces" (Hansard, 26 February 1990)

§ The Parliamentary Under-Secretary of State, Department of the Environment (Lord Hesketh)
My Lords, my right honourable friend the Minister for the Arts has been exploring with interested parties a number of proposals and their funding implications. However, as I am sure your Lordships are aware, Save Britain's Heritage has now served a writ for a judicial review of the Secretary of State's decision not to take listed building enforcement action. In the circumstances it would not be appropriate for me to comment further on the case.

§ Lord St. John of Fawsley
My Lords, I thank my noble friend for his reply. I hope that he will not be too intimidated by legislation.

§ Lord Hailsham of Saint Marylebone
Litigation!

§ Lord St. John of Fawsley
My Lords, the important point is that my noble friend should not be intimated by either. Does he agree that The Three Graces represents a major work of the 19th century classical sculpture revival which was commissioned for Britain and should be retained here? Does he further agree that the situation has been dramatically transformed for the better by Mr. Jacob Rothschild's generous and ingenious offer at the weekend involving £8 million? What is the Government's policy regarding that offer? That is not subject either to litigation or court action. May we have a positive response to that offer? In view of this capricious incident, does the Minister agree that the rules governing export of works of art should be reviewed?

§ Lord Hesketh
My Lords, the views of the noble Lord, Lord St. John, on art and taste are always taken very seriously by the Government. However, I remind my noble friend that the statue was commissioned by the Duke of Bedford of the day rather than for the nation.
It is important to remember that discussions are continuing. Those include discussions with Mr. Jacob Rothschild concerning his proposals. It would not be wise or sensible of me to comment further at this moment.

§ Lord Strabolgi
My Lords, as the temporary export ban is due to expire a fortnight today will the Government consider extending it for a further period in view of the generous offer from Mr. Jacob Rothschild mentioned by the noble Lord, Lord St. John? That is the least they can do.

§ Lord Hesketh
My Lords, my right honourable friend the Secretary of State for Trade and Industry will no doubt review the date in the light of the judicial review.

§ Baroness Birk
My Lords, perhaps I may join the noble Lord, Lord St. John of Fawsley, in congratulating Mr. Jacob Rothschild on his magnificent offer. I hope that the Government will see fit to accept it unless they are prepared to come up with the £7–6 million themselves.
Does not this issue raise in an acute form the problem facing our admirable export control system—which we are trying to persuade our European partners to adopt after 1992—with pre-eminent works of art becoming ludicrously more costly every day, far beyond the reach of our museums and galleries or the resources of the National Art Collections Fund and the National Heritage Memorial Fund? Is it not therefore true that unless the Government produce funds to buy the few important works of art held back each year—since we cannot rely on a Jacob Rothschild popping up on each occasion—our export control system will prove to be no longer admirable but a time-wasting farce?

§ Lord Hesketh
My Lords, the noble Baroness has somewhat broadened the Question on the Order Paper. This country is a treasure-house of antiquity and beauty, and I believe that that shows the success of our regime over the years. In other countries which have tougher regulations all that has happened is that they have been cleaned out illegally. We have a successful regime which works.

§ Lord Hutchinson of Lullington
My Lords, does the Minister agree that if members of the public are being asked to contribute to the purchase of the work with the object of it being put on public view they are entitled to know who are the beneficiaries of their contributions? Can the Minister tell the House who are the great patrons of the arts who are domiciled in the Cayman Islands? If they were paid £2 million for the work and the Getty Museum is now prepared to pay £7 million, can the Minister say why the owners did not sell it directly to the Getty Museum?

§ Lord Hesketh
My Lords, I do not act on behalf of or as an agent for the individuals concerned and therefore I cannot answer the last part of the noble Lord's question. However, I can tell him that in the past, today and in the future works of art have been and will continue to be presented anonymously. That has been a fact of life for some considerable time. I can assure the noble Lord that we believe that the owners are reputable people.

§ Lord Campbell of Alloway
My Lords, does the Minister agree that there is a case for reconsideration of our tax regime generally as a broad question along the lines of the American model in this regard?

§ Lord Hesketh
My Lords, as always my noble friend has raised an interesting point. I shall draw it to the attention of my right honourable friend.

§ Lord St. John of Fawsley
My Lords, does my noble friend agree that we now know that no fewer than four ministries are involved in the matter? Since there is only a fortnight before the export ban expires is it not right that the suggestion of the noble Lord, Lord Strabolgi, should be followed, otherwise between all those ministeries the matter will be fumbled?

§ Lord Hesketh
My Lords, I can assure the House that considerable efforts will be made to make sure that the matter is not fumbled.

§ Baroness Birk
My Lords, in view of the injunction for judicial review can the Minister tell the House whether the period of the export ban will be extended before the final decision is made on the export of this work of art?

§ Lord Hesketh
My Lords, I answered that question earlier when I pointed out that my right honourable friend the Secretary of State for Trade and Industry may well review the date in the light of the judicial review.

§ Lord Strabolgi
My Lords, can the Government confirm that the total sum allowed for acceptance in lieu of tax is not limited to the present financial year but can be estimated on a rolling basis?

§ Lord Hesketh
My Lords, I believe that that is correct.

§ Lord Glenamara
My Lords, if the Government take up the very generous offer of Mr. Jacob Rothschild—which arises out of the will of Mrs. James Rothschild—will they bear in mind that many of us hope that the work will be put on display somewhere more central than Waddesdon Manor even though that was the home of Mrs. Rothschild?

§ Lord Hesketh
My Lords, I believe that the noble Lord anticipates events. I cannot share his certainty as to the outcome.