Spoliation Advisory Panel
The Spoliation Advisory Panel, first chaired by Sir David Hirst and now by Sir Donnell Deeny, was established in February 2000 by the Department for Culture, Media and Sport as an advisory non-departmental public body (NDPB) to help resolve claims for cultural property looted during the Nazi era.
On 12 April 2010 the Panel was dissolved as an advisory NDPB and reconstituted as a group of expert advisers which continues under the name 'Spoliation Advisory Panel'. Sir David Hirst, the first chairman, retired, and Sir Donnell Deeny replaced him as chairman, the Panel's membership otherwise remaining as before. The Panel remains the advisory body designated by the Secretary of State under Section 3 of the Holocaust (Return of Cultural Objects) Act 2009.
The Constitution, Terms of Reference, Rules of Procedure, Functions and Procedures of the Secretariat and Legal Advisers, and list of current members are set out below, together with copies of all reports published by the Panel.
Full details are found below and on the website of the UK's Department for Culture, Media and Sport here.
Latest Report 7 March 2012: IN RESPECT OF FOURTEEN CLOCKS AND WATCHES NOW IN THE POSSESSION OF THE BRITISH MUSEUM, LONDON
The Panel’s opinion was that the moral strength of the claim was insufficiently strong to warrant a return of the timepieces or that an ex-gratia payment be made to the claimants. The Panel did find, however, that the sale of the timepieces at auction at Christies in 1939 amounted to a forced sale, albeit at the lower end of any scale of gravity for such sales. Furthermore, expert advice provided to the Panel revealed that the prices obtained at the auction were fair. The Panel recommended that, whenever one or more of the timepieces is on display at the British Museum, it should be accompanied by a description of the history and provenance of the object(s) during and since the Nazi era, with special reference to the claimants’ interest therein.
Previous Report 15 December 2010: IN RESPECT OF AN OIL SKETCH BY SIR PETER PAUL RUBENS, ‘THE CORONATION OF THE VIRGIN’, NOW IN THE POSSESSION OF THE SAMUEL COURTAULD TRUST
On 15 December 2010 the Panel issued its report on the claim from the heirs of Herbert Gutmann of Berlin for 'The Coronation of the Virgin' by Rubens now in the Courtauld Collection. To read the Panel's report and ruling, click here. The Panel rejected the claim on the grounds that the sale of the painting in 1934 was not due to Nazi persecution but arose from the calling in of debts pre-dating the Nazi seizure of power in Germany.
On 15 September 2010 the Panel issued a revised report on the case of a 12th century Missal from the Metropolitan Chapter of the Cathedral City of Benevento, and reissued its recommendation that the Missal be restituted to Italy. The recommendation was accepted by the Culture Minister and the British Library has agreed to implement it. The Missal will be the first item to be restituted from the UK under the Holocaust (Return of Cultural Objects) Act 2009.
The Panel concluded in an earlier Report of 23 March 2005 that it was likely that the Missal had been looted amongst the scenes of chaos during the Allied bombing of Benevento in 1943 and was then sold by a Naples book seller to a British soldier in 1944. The Missal was acquired by the British Museum in 1947 and transferred to the British Library in 1973. In 2005 the Panel recognised that the British Library Act 1972 prevented the British Library from removing the Missal from its collection and so it recommended a loan to Benevento and that consideration should be given to changing the law to allow the restitution of cultural objects lost during the Nazi era.
Following the passing of the Holocaust (Return of Cultural Objects) Act in December 2009, which allows 17 national collections to return items lost during the Nazi era, where this is recommended by the Spoliation Advisory Panel and Ministers agree, the claim was referred back to the Panel. The Panel's Report published today, 15 September 2010, and available here, has been endorsed by Ministers and recommends the restitution of the Missal to Benevento. The British Library has agreed to implement the recommendation.
"We should all be incredibly grateful that the Missal has benefited from the highest possible standards of care during its time at the British Library," said Ed Vaizey, UK Culture Minister. "The city of Benevento will once again be custodian of this unique and culturally valuable manuscript, bringing to a close another chapter in its fascinating history."
To read the government news story, click here. To read the summary of the Panel's report on the government website, click here.
Dame Lynne Brindley, Chief Executive of the British Library, said:"The British Library accepted the Spoliation Advisory Panel's recommendations in 2005 and, following today's announcement, we are now in discussions with the Chapter Library in Benevento to make arrangements for the return of the Missal."
To read the British Library's press release, click here.
The first case heard by the Panel regarded a compensation claim for Jan Griffier the Elder's View of Hampton Court Palace (1710) which was acquired by the Tate Gallery in 1961. The Panel upheld the claim and awarded an ex gratia payment to the claimant. The report of the Panel was published on 18 January 2001 and is available here.
The Panel has issued reports on seven further cases since 2000: a Chardin still life painting in the Burrell Collection in Glasgow from a Munich art dealership, SAP report 24 November 2004; a 12th century Missal in the British Library taken from the Metropolitan Chapter Library of the Cathedral City of Benevento, SAP report 23 March 2005; a Portrait of a Young Girl in a Bow Window by Nikolaus Alexander Mair von Landshut in the Ashmolean Museum Oxford formerly in the collection of Jakob Goldschmidt, SAP report 1 March 2006; four Old Master drawings in the British Museum from the Arthur Feldmann collection, SAP report 27 April 2006; three drawings in the Courtauld Institute of Art also from the Arthur Feldmann collection, SAP report 24 January 2007; three paintings by Rubens in the Courtauld Institute of Art from the Franz Koenigs collection, SAP report 28 November 2007, two pieces of porcelain in the British Museum and the Fitzwilliam Museum from the Rothberger collection, SAP report 11 June 2008; and eight drawings in the Courtauld Institute of Art from the collection of Curt Glaser, SAP report 24 June 2009.
Constitution and Terms of Reference
Members of the Panel
1. The members of the Spoliation Advisory Panel ("the Panel") will be appointed by the Secretary of State on such terms and conditions as he thinks fit. The Secretary of State shall appoint one member as Chairman of the Panel.
Resources for the Panel
2. The Secretary of State will make available such resources as he considers necessary to enable the Panel to carry out its functions, including administrative support provided by a Secretariat ("the Secretariat").
Functions of the Panel
3. The task of the Panel is to consider claims from anyone (or from any one or more of their heirs), who lost possession of a cultural object ("the object") during the Nazi era (1933 - 1945), where such object is now in the possession of a UK national collection or in the possession of another UK museum or gallery established for the public benefit ("the institution"). The Panel shall advise the claimant and the institution on what would be appropriate action to take in response to such a claim. The Panel shall also be available to advise about any claim for an item in a private collection at the joint request of the claimant and the owner.
4. In any case where the Panel considers it appropriate, it may also advise the Secretary of State
(a) on what action should be taken in relation to general issues raised by the claim, and/or
(b) where it considers that the circumstances of the particular claim warrant it, on what action should be taken in relation to that claim.
5. (a) In exercising its functions, while the Panel will consider legal issues relating to title to the object (see paragraph 7(d) and (f)), it will not be the function of the Panel to determine legal rights, for example as to title;
(b) The Panel's proceedings are an alternative to litigation, not a process of litigation. The Panel will therefore take into account non-legal obligations, such as the moral strength of the claimant's case (paragraph 7(e)) and whether any moral obligation rests on the institution (paragraph 7(g));
(c) Any recommendation made by the Panel is not intended to be legally binding on the claimant, the institution or the Secretary of State;
(d) If the claimant accepts the recommendation of the Panel and that recommendation is implemented, the claimant is expected to accept the implementation in full and final settlement of his claim.
Performance of the Panel's functions
6. In performing the functions set out in paragraphs 3 and 4, the Panel's paramount purpose shall be to achieve a solution which is fair and just both to the claimant and to the institution.
7. For this purpose the Panel shall:-
(a) make such factual and legal inquiries, (including the seeking of advice about legal matters, about cultural objects and about valuation of such objects) as the Panel consider appropriate to assess each claim as comprehensively as possible;
(b) assess all information and material submitted by or on behalf of the claimant and the institution or any other person, or otherwise provided or known to the Panel;
(c) examine and determine the circumstances in which the claimant was deprived of the object, whether by theft, forced sale, sale at an undervalue, or otherwise;
(d) evaluate, on the balance of probability, the validity of the claimant's original title to the object, recognising the difficulties of proving such title after the destruction of the Second World War and the Holocaust and the duration of the period which has elapsed since the claimant lost possession of the object;
(e) give due weight to the moral strength of the claimant's case;
(f) evaluate, on the balance of probability, the validity of the institution's title to the object;
(g) consider whether any moral obligation rests on the institution taking into account in particular the circumstances of its acquisition of the object, and its knowledge at that juncture of the object's provenance;
(h) take account of any relevant statutory provisions, including stipulations as to the institution's powers and duties, including any restrictions on its power of disposal;
(i) take account of the terms of any trust instrument regulating the powers and duties of the trustees of the institution, and give appropriate weight to their fiduciary duties;
(j) where applicable, assess the current market value of the object, or its value at any other appropriate time, and shall also take into account any other relevant circumstance affecting compensation, including the value of any potential claim by the institution against a third party;
(k) formulate and submit to the claimant and to the institution its advice in a written report, giving reasons, and supply a copy of the report to the Secretary of State, and (l) formulate and submit to the Secretary of State any advice pursuant to paragraph 4 in a written report, giving reasons, and supply a copy of the report to the claimant and the institution.
Scope of Advice
8. If the Panel upholds the claim in principle, it may recommend either:
(a) the return of the object to the claimant, or
(b) the payment of compensation to the claimant, the amount being in the discretion of the Panel having regard to all relevant circumstances including the current market value, but not tied to that current market value, or
(c) an ex gratia payment to the claimant, and
(d) in the case of (b) or (c) above, the display alongside the object of an account of its history and provenance during and since the Nazi era, with special reference to the claimant's interest therein; and
(e) that negotiations should be conducted with the successful claimant in order to implement such a recommendation as expeditiously as possible.
9. When advising the Secretary of State under paragraph 4(a) and/or (b), the Panel shall be free to recommend any action which they consider appropriate, and in particular may, under paragraph 4(a), direct the attention of the Secretary of State to the need for legislation to alter the powers and duties of any institution.
Rules of Procedure
Procedure for making and responding to a claim
1. Any claimant who wishes the Panel to consider his or her claim shall deliver such claim in writing to the Panel ("the Claimant's statement of case") including copies of all witness statements and/or documentary evidence relied upon. The Secretariat shall forthwith send a copy of the Claimant's statement of case to the institution concerned together with the accompanying witness statements and documents.
2. The Institution shall deliver its reply in writing to the Panel ("the Institution's statement of case") including copies of all witness statements and/or documentary evidence relied upon, within 6 weeks of its receipt of the Claimant's case. The Secretariat shall forthwith send a copy of the Institution's statement of case to the Claimant, together with the accompanying witness statements and documents.
3. The Claimant and Institution may, but only subject to the leave of the Chairman:-
(a) deliver supplementary written statements of case, and/or copies of further witness statements and/or documentary evidence to the Panel;
(b) request further particulars of the opposite party's statement of case and where such leave is granted, may deliver the additional material to the Panel for despatch by the Panel's Secretariat to the opposite party, subject to any time limits prescribed by the Chairman.
4. The Panel may of its own motion require clarification of either party's statement of case, and/or the provision of supplementary witness statements, or documents (if available) and/or authentication of documents. The Panel may also direct the swearing of affidavits, verifying witness statements and/or authenticating any documents. Any material furnished under this rule shall be circulated to all parties.
Procedures for disposal of claims
5. The Panel may, in its discretion after consultation with the parties:-
(a) dispose of the case, on the basis of written material furnished by the parties, or
(b) direct an oral hearing, for which the quorum shall be 5 members of the Panel, including the Chairman.
6. Where the Panel directs an oral hearing, the Panel shall notify the parties. Such notification shall:
(a) propose a date for the hearing, which will normally be not less than 6 weeks subsequently, and a location for it which will normally be London;
(b) indicate that any request for a different date or location must be made in writing to the Panel within such reasonable time as the Panel may specify in the notification;
(c) specify the witnesses from whom the Panel wish to hear oral evidence, and/or the issues on which the Panel wish to hear oral submissions, and
(d) ask what languages are spoken by any claimant and by any witness giving oral evidence, and direct where appropriate the attendance of an interpreter.
7. The hearings shall be limited to one day for the Claimant and the Institution respectively, subject to an extension only if the Chairman grants leave, which must be sought in writing from him not less than 3 weeks before the hearing date.
8. Hearings will normally be conducted in private, and in English, and witnesses will normally be required to testify under oath.
9. Any party wishing to cross-examine an opposite party's witness must apply in writing to the Chairman for leave so to do not less than 3 weeks before the hearing date.
10. The Claimant and the Institution may be represented or assisted at a hearing, at their own expense, by any person or persons of their choice up to a maximum of 5, including counsel, solicitors, or representatives of a voluntary organisation.
11. Any matters of procedure not prescribed by these rules shall be decided by the Chairman, who shall also have the power to extend or abridge the time limits laid down in these rules.
12. All submissions and correspondence to the Panel should be sent to:
The Spoliation Advisory Panel Secretariat
Cultural Property Unit
Department for Culture, Media and Sport
2-4 Cockspur Street
London SW1Y 5DH
Tel: +44 (0)20 7211 6158
Functions and Procedures of the Secretariat and Legal Advisers
Click here to view.
Membership of the Panel
Sir Donnell Deeny (Chairman)
Professor Richard Evans
Sir Terry Heiser
Professor Peter Jones
Professor Norman Palmer
Dr Liba Taub
Click here for full biographical details.
The Department of Culture, Media and Sport
http://www.culture.gov.uk/3296.aspx, accessed 10 September 2008 and http://www.culture.gov.uk/what_we_do/cultural_property/3296.aspx accessed November 2012.