Page 57 - Studio International - November 1971

the Trustees will have abandoned their present candour, 'we have been treated with an that scepticism on this score will persist, and
position of independence in the matter of undeviating lack of candour; and I think it is a the Trustees' rights and status will not be
imposing charges, and will simply have become disgrace'. A regrettable analogy on the present preserved for the future, unless the Department
agents in carrying out every shift of occasion is provided by the persistent reluctance is seen to be prepared to compromise.
departmental policy. By consenting to a misuse of the Department to clarify the powers of the Reference was made above to the 'traditional
of their powers at the behest of the Department, Trustees. powers' of the two Boards, and the hope was
they will have reduced themselves in this respect The debate on 13 December 1967, was implied that they would not fail to safeguard
to a merely advisory body without negotiating opened by Viscount Eccles, then a Trustee, who them. If one seeks a precedent relevant for the
status. in common with other members of the Board present situation, quite a close one can be found
In the series of questions in the House of testified to the blameworthy lack of consultation relating to what, as far as I am aware, was the
Lords on 5 August 1971, Lord Airedale gave an (col. 1119), and preceded it by the following only occasion in the entire history of both
opportunity to the Paymaster General to clarify highly pertinent observation (col. 1118): 'the Galleries when admission charges were imposed
the legal position of the Trustees, as indeed it providers of the funds are the Government, and with the declared object of raising funds. This
could be argued the Government was in duty so they will always have the means to bring the short-lived measure was introduced in 1921
bound to do. The Minister deliberately chose development of the Museum to a standstill. and abolished in 1924. It was briefly recorded
not to take it, but instead to express the opinion This is the consequence of the expertise being on p 76 of The Making of the National Gallery
that the question was hypothetical since 'the in one place and the money being in the other by Sir Charles Holmes and C. H. Collins
Trustees of the two galleries are at this moment place; and such a situation is bound to lead to Baker, published in 1924, and was the subject
making arrangements for introducing the trouble unless there is a good understanding and of reports in the press at the time. The position
charges' (official report, col. 1266). continuous collaboration between the two was that in reply to a request from the Trustees
I have no means of assessing the strict partners. All cultural institutions financed by for an increase in the purchase grant, which then
accuracy of this statement. But I feel bound to public funds have this problem, and I hope that stood at £5, 000, the Treasury (the Department
emphasize that what could amount to an the noble Lord, Lord Robbins, who is to speak responsible at that time) replied that an increase
effective change in the constitutional powers and later, will give us the benefit of his great would only be possible if the Board would
status of the two Boards is a matter of public experience in this field'. Here the hope must be consent to the imposition of certain entrance
interest now and in the future, which is not expressed that the striking discrepancy between charges, the proceeds from which would be
confined to the Government of the day or the the published views of the Boards of the added to the Trustees' purchase grant. As a
Boards of the day. It could be argued that the National and Tate Galleries on the one hand, temporary measure the Trustees reluctantly
justification for the very existence of such Boards and on the other the statement of Lord Eccles agreed, but after three years the charges in
as those of the National and Tate Galleries is (now transmogrified into the Minister question were abolished on the initiative of the
that the degree of independence which they responsible) that the Boards were nevertheless Trustees, who secured from the Treasury an
possess, deriving from the fact that the making arrangements to implement his policy increase in the grant to compensate them for the
paintings in those institutions are legally vested does not reflect a faith in the type of arm- loss of the receipts. Fuller particulars are
in them in trust for the nation, provide a twisting which he so rightly deplored when a certainly available in the archives of the
desirable counterpoise to that centralized Trustee. Galleries, but it seems clear that the imposition
direction which most government departments As Lord Eccles had anticipated, Lord or non-imposition of the charges, and all
are prone to favour. I am convinced that this Robins (then as well as now a Trustee of the details concerned with this, were matters for
view, which I hold, would be shared by many National Gallery) intervened and expressed the the discretion of the Trustees, since any funds
thoughtful people, and not least by those view (col. 1191) that 'larger constitutional issues' arising therefrom were placed at the Trustees'
members of my party, in Parliament and were involved than had been realized, adding 'in disposal.
outside it, who take a special and informed my judgement what has happened raises the In the present circumstances it seems clear
interest in these matters. If the Boards make no whole question of the proper relation between that only two viable courses present themselves.
attempt to safeguard their traditional powers, boards of trustees of public institutions, such as One is the introduction of fiscal legislation,
such abdication (even though it might be to the British Museum, and the Government which was apparently the Government's
some extent under duress) would amount to the Departments concerned'. He later asked 'Can original intention. This would settle the matter,
loss of the principal reason for their survival, this or any future Government hope that men of at any rate for the time being, without in any way
which sooner or later would doubtless become quality and spirit can be persuaded to give time derogating from the Trustees' independence
subject to question. I personally would regret and energy in such humiliating relationship ?' and powers, present or future. An alternative
such an outcome, as I am convinced that the A similar comment would be appropriate in the would be to negotiate with the Trustees with a
Boards have served the country well in the past, event of the Trustees of the National and Tate view to their consenting to use their existing
and could still do so in the future if their Galleries being coerced into taking action which powers in the normal and legitimate way; but
independence is not eroded by their own short- ran in every respect counter to their published this would involve from the beginning a change
sightedness. opinions. of mind as regards the destination of the
I should like to take this opportunity of For a summing-up we may turn to Lord proceeds, in order to obviate placing the
exemplifying my conception of the nature of Radcliffe, then Chairman of the Board, who Trustees in a position where it could be argued
trusteeship of such institutions as the National said (col. 1132) that Trustees 'must be enabled that they were taking it upon themselves to
and Tate Galleries by making use of some to feel that they are not merely subordinates to impose taxation illegally. Unfortunately the
quotations from the debate on the British whom instructions can be given, not merely Government at present appears to be pursuing
Museum in the House of Lords on 13 December dependents to whom charity can be handed out, a third course, a hybrid between the other two,
1967. The leitmotiv throughout was the but independent people with their own interests in which the Trustees are being pressurized to
complaint that the Department had committed and their own views that are worth obtaining and misuse their existing powers in order to take
itself to a policy without consultation with the worth trying to compromise with if they do not action which is arguably ultra vires, with the
Trustees (as on the present occasion), and the happen to agree with Government policy'. The additional disadvantage that in so doing they
then Chairman of the Board, Lord Radcliffe, Boards of the National and Tate Galleries will cannot but forfeit in the future the degree of
went so far as to say (official report, col. 1134) know whether any serious attempts to independence which was rightly theirs in the
that, though the Department was under an compromise with their views have been made past, and which was typified in the events of
obligation to treat the Board with proper by the Paymaster General. The fact is, however, 1921-4. q
205