Committee
Burrell Collection (Lending and Borrowing) (Scotland) Bill Committee 19 September 2013
19 Sep 2013 · S4 · Burrell Collection (Lending and Borrowing) (Scotland) Bill Committee
Item of business
Burrell Collection (Lending and Borrowing) (Scotland) Bill: Preliminary Stage
Sir Peter Hutchison (Burrell Trustees)
Watch on SPTV
Thank you for giving me the opportunity to present to you this information. I am sure that the committee will, from its earlier hearings, be familiar with much of the territory that underlies the bill. With the convener’s permission, I will make a short statement on some of the key issues from the trustees’ viewpoint.I start by saying that the trustees give the strongest possible welcome to the refurbishment of the Burrell building. Quite frankly, we have been agitating about the roof for some years now, and it is not just a matter of drips and buckets. The refurbishment will refresh the design, make better use of space, enable more of the collection to be displayed and allow more of it to revolve on display.In spite of the problems of overseas lending, we recognise that the tour has tremendous potential. I believe that it represents the first major display of the Burrell collection outside the Burrell building since the Hayward gallery exhibition in 1975, which produced acclaim and astonishment at the richness and spread of the collection, and was quite instrumental in Government finance being made available to build the present Burrell building. We hope that the tour will produce a similar appreciation, and that it will also encourage sponsorship funding.The two core issues that I want to raise are the setting aside of a donor’s wishes and the ability to exhibit overseas—with safety—articles from the Burrell collection. The connecting thread between thoughse issues is the assumption that Sir William Burrell considered that lending overseas was essentially riskier than lending within the United Kingdom, and that his experience of the shipping world led him to distrust the travel element. I am sure that the first assumption must be true; the second may be true, but I think that the situation is more complicated.The committee will be aware that the trustees will, we hope, assume a new role of monitoring lending in general, but with a long-stop—as opposed to wicketkeeper—position on overseas loans. We will obviously continue to work in close consultation with Glasgow Life. This is new territory for us, but it is not for Glasgow Life, which already has in place a lending policy for its museums as a whole. We believe that the new lending code for the Burrell collection that is attached to the bill will provide a rigorous and effective process for evaluating loans overseas and within the UK.All proposed loans that survive the earlier filtering processes will be seen by us. Naturally, some will be more straightforward than others, but we will be watchful and will not hesitate to get external advice, if it is needed. Having spent some 25 years in the insurance industry in Glasgow, I am not conditioned to underestimate risk or, indeed, to make easy assumptions about it. I believe that the trustees have a duty to Sir William to ensure that the risks are assessed and mitigated as far as possible.I will comment briefly on the issue of a donor’s wishes. In the case of closed institutions such as the Wallace Collection and the Frick Collection, which neither lend nor borrow, life is made fairly simple, but the Burrell collection has never been like that. Sir William lent extensively during his lifetime, and since the collection found a home in Pollok park, lending from it within the UK has continued—uneventfully, on the whole.After the 1997 parliamentary inquiry, the ground shifted. The panel of commissioners drawn from the House of Lords recommended that the non-fragile items, which form the bulk of the collection, should be allowed to go abroad, but that the fragile media such as pastels and tapestries should not be allowed to be exhibited outside the Burrell building. Although the proposed legislation was never enacted, in effect, the Parliament of the day had spoken. The commissioners’ finding has partly freed the trustees and enabled them to consider limited overseas lending, subject to rigorous safeguards. We believe that the lending code provides the safeguards that are necessary to protect the integrity of the collection.It is always speculative to try to imagine what the reactions of the donor to a new situation might have been, had he been alive. Nevertheless, trustees sometimes have to have a go at doing that. I presume that the Barnes Foundation trustees went through the same exercise. Unfortunately, there had not been overmuch consultation of the trustees at the time, and the trustees opposed the draft provisional order on the basis that Sir William Burrell’s clearly stated intentions regarding lending should be upheld.I like to think that 55 years after Sir William’s death, if I was to hold an imaginary conversation between my conscience and his, he would react favourably if I asked him to trust his trustees.The ability to make the final decision on overseas lending matters is critical. I expect it to be seldom, perhaps never, used. In a sense, we still hold Sir William’s pen in our hands. In 1997, the commissioners whom I talked about enjoined us and Glasgow City Council to engage in constructive discussion; that has been our recent experience with Glasgow Life, and we intend that that will continue.
In the same item of business
The Convener
SNP
Time is very tight, so I request that questions and answers remain succinct.I invite short opening statements from the members of the panel.
Sir Peter Hutchison (Burrell Trustees)
Thank you for giving me the opportunity to present to you this information. I am sure that the committee will, from its earlier hearings, be familiar with mu...
The Convener
SNP
Thank you, Sir Peter. Mr Taylor, do you wish to make an opening statement?
Robert Taylor (Bannatyne Kirkwood France & Co)
I will, if I may, madam convener.I have acted as the legal adviser for the trust since 1984, and before that, my firm has acted for the trust for as long as ...
The Convener
SNP
Thank you very much, Mr Taylor.I begin by addressing Sir Peter Hutchison about the fact that the trustees were opposed to changing the will in 1997, as Mr Ta...
Sir Peter Hutchison
My understanding is not that the law changed as a result of the 1997 finding by the four House of Lords representatives, but that they came out with a recomm...
The Convener
SNP
Have the trustees changed their minds about lending because they are persuaded by evidence about improved methods of transportation, for example?
Sir Peter Hutchison
Yes, that is one of a number of factors. It is clear that, on the whole, transportation is now safer. I would not put too much emphasis on that, because quit...
The Convener
SNP
I see. My colleague Mark Griffin will ask some more detailed questions about the discrepancy between the agreement and the will that Mr Taylor has outlined, ...
Sir Peter Hutchison
I absolutely take your point and agree with it. Technically, the pastels could be lent abroad. However, perhaps it might help if I gave an example of how, in...
The Convener
SNP
It has been pointed out to us that, although the Burrell collection has many jewels, its heart and soul are the medieval tapestries. A blockbuster touring ex...
Sir Peter Hutchison
As you say, the tapestries are one of the biggest jewels in the crown, if you like. There is huge variety in the robustness of the tapestries. Quite a lot of...
The Convener
SNP
My final question concerns the need to refurbish the gallery—you made clear in your opening statement how important that is to you. During our tour of the co...
Sir Peter Hutchison
I will answer your last question first. The refurbishment of the gallery is closest to our hearts and we welcome it enormously. As to the money, I suppose th...
The Convener
SNP
It seems that without the £15 million the sums do not add up.
Sir Peter Hutchison
You are quite right. I am a little hesitant on the figures, because £45 million sounds like a nice, tidy round sum and these things tend to vary over the yea...
The Convener
SNP
Jackson Carlaw has a quick supplementary.
Jackson Carlaw (West Scotland) (Con)
Con
You have mentioned the Barnes collection a couple of times. Obviously, you will have to make similar decisions to those of the Barnes trustees.When that coll...
Sir Peter Hutchison
You are right that there has been damage; nobody would deny that, although people sometimes make it sound rather less than it is. There is no guarantee that ...
Mark Griffin (Central Scotland) (Lab)
Lab
Why do you think that Sir William stipulated in his will and in the agreement that the building where the collection is housed should contain only the collec...
Sir Peter Hutchison
What you say is right. For quite a long time, the practice has been to include temporary loans of subjects that are related to a Burrell exhibition. For exam...
Mark Griffin
Lab
So the trustees and Glasgow Life are already operating against Sir William’s will and agreement by displaying items from outside the collection.
Sir Peter Hutchison
I do not think that the provision was absolute.
Robert Taylor
One distinction to draw is between permanently exhibiting at the Burrell collection items that were not donated by Sir William or Lady Burrell or acquired by...
Mark Griffin
Lab
Okay. You expect that to continue with the new borrowing power, so that no item would be permanently displayed with the collection.
Robert Taylor
Absolutely. It is in the lending code. I can assure you of that.
Sir Peter Hutchison
The integrity of the collection, which I think is really what Sir William was getting at, is of great importance to us. We would never wish to sanction an ex...
Mark Griffin
Lab
Thank you. We have spoken already about the difference between the will and the agreement. The will specified certain items that Sir William did not want to ...
Sir Peter Hutchison
I am honestly not sure why Sir William came to a different conclusion when the two documents were drawn up. I think there was quite a time difference between...
Mark Griffin
Lab
Do you think that in lending some of the delicate items that were not specified in the agreement but which were specified in the will, Glasgow Life is perhap...