Sir, I was disappointed to read the article by Mark Stephens (Jan 29) regarding the Government’s decision to introduce new legislation to enable the Royal Academy’s exhibition From Russia to go ahead.
The Tribunals Courts and Enforcement Act received Royal Assent in July 2007. Part 6, relating to immunity from seizure, was commenced by the Secretary of State by order on December 31, 2007.
Advertisement
There is no conflict with the Spoliation Advisory Panel, which was established to consider claims regarding works in UK collections. Its jurisdiction does not extend beyond the UK. The immunity from seizure will only provide temporary immunity from seizure by the courts while objects from abroad are on temporary loan to the UK.
The legislation had been the subject of lengthy debate in the House of Commons and House of Lords and, in the case of paintings lent by the national museums of Russia, merely reinforces the 1978 State Immunity Act, which expects state property when lent abroad to be returned. Without such guarantees, international loan exhibitions such as the current Royal Academy exhibition would be impossible.
Advertisement
Moreover, the legislation does not prevent anyone making a claim to ownership before a court in this country or prevent someone seeking remedies other than seizure from that court.
Charles Saumarez Smith
Secretary and Chief Executive, Royal Academy of Arts