An Taisce obtained complete vindication of its legal action against the National Gallery of Ireland and the Minister for Arts Heritage and the Gaeltacht, in a settlement reached and read before the High Court today, given the State chose to concede the matter rather than defend the unlawful licensing regime.

The case was initiated by An Taisce challenging the legal entitlement of the National Gallery of Ireland to act on behalf of the Minster for Arts Heritage and the Gaeltacht in issuing an export license under the Documents and Pictures Act (Regulation of Export Act) 1945. The case was taken by An Taisce following the failure of the repondents to respond to An Taisce’s concerns regarding the lawfulness of the licenses.

The Alfred Beit Foundation had sought the export of ten artworks in March 2015 for sale, with seven consigned for auction by Christies in July.

While one of the works was sold privately through Christies and two watercolours were auctioned in June 2015, the remaining items were withdrawn from auction in June following the lodgement of An Taisce’s legal proceedings in the High Court and the sale “postponed.

This experience exposes the failure of the Minister for Arts Heritage and Gaeltacht to act to resolve this unlawful export and establish an effective export license regime in Ireland.

Today’s declaration establishes that the export licence granted to the Alfred Beit Foundation was without legal authority under Irish law. Subsequent licences issued on foot of them in the UK to facilitate their export outside the EU were also thus compromised. The paintings cannot now be lawfully exported outside the European Union without first being returned to this jurisdiction and a lawful licence granted.

The State, through the Minister for Arts Heritage and Gaeltacht, agreed in the settlement to the following terms :

1. “A declaration by way of application for judicial review that the grant of the said licence was ultra vires the authority of the First Respondent under the Documents and Pictures (Regulation of Export Act) 1945.”
2. “A declaration by way of application for judicial review that the appropriate authority for the grant of such licence was the Second Respondent.”

(The case was against the National Gallery of Ireland as first respondent and the Minister for Arts Heritage and Gaeltacht as second respondent. )

An order in respect of the costs of An Taisce’s legal team was also made by the High Court

Following the conclusion of the settlement in Court today Charles Stanley-Smith, An Taisce’s Communication Officer said: “It is clear now that the Minister should have taken responsibility for the unlawful export of paintings of such cultural significance. So we are calling for Minister Humphreys to take action to secure their return, and not waited till the 11th hour and a court action to do so.”

He continued: “The Government have been happy until now to stand on the side lines and claim it is not their responsibility but as we have seen from the High Court decision today that this simply is not the case, they are the competent authority. These paintings were donated by Sir Alfred Beit to a Charitable Foundation with the primary objective to promote art education and appreciation including the public exhibition of paintings in Ireland.”

An Taisce is now seeking the following action:

1. That the Alfred Beit Foundation repatriate the paintings and for the ABF, for the first time, to properly engage and exhaust any and all means to keep these art works in Ireland.
2. That the National Gallery of Ireland, in being found to have acted outside its powers, confirm that it will not issue any further export licenses under the 1945 Act.
3. That the Minister for Arts Heritage and Gaeltacht put in place an effective art and historic artefact export licensing regime which provides a mechanism to ensure that cultural artefacts of national significance can be preserved for the nation.
4. The the Minister for Arts Heritage and Gaeltacht engage directly with the National Gallery of Ireland to identify any and all other licences in play where sales are pending on foot of unlawful licences, and that the Minister make such details publicly available.

An Taisce was represented in the proceedings by Sara Moorhead, S.C. and John Kenny B.L. instructed by Phelim O’Neill Solicitors.

Following the court hearing the Minister for Arts, Heritage and the Gaeltacht, Heather Humphreys said that she has taken action to address legal issues in relation to the issuing of export licences for works of art.

Export licensing powers were delegated to the National Gallery in 1985 by the then Minister for the Arts, by way of a letter, under the Document and Pictures (Regulation of Export) Act, 1945. 

Minister Humphreys said: “I have taken action to address the legal issues identified in relation to the granting of export licences. These issues arose because of the manner in which the powers were delegated to the National Gallery some thirty years ago. As a result of the action I have taken, export licences will be granted by the National Gallery of Ireland under the 1997 National Cultural Institutions Act. My Department will also continue to consider other wider issues relating to export licences, as part of a review instigated last year.”

Minister Humphreys has signed a statutory instrument to commence parts of section 6(1) and (2) and certain provisions in section 49 of the National Cultural Institutions Act, 1997. 

Accordingly, export licensing of paintings and documents will now be considered under the National Cultural Institutions Act, 1997, in place of the 1945 Act which had been in force to date. 

In addition, the Minister also signed a delegation order which delegates the function of export licensing of paintings to the Governors and Guardians of the National Gallery of Ireland. 

Both statutory instruments came into operation on 27 July 2015.