Agenda item

Consider Briefing Paper by the Principal Solicitor. (Copy attached).

With reference to paragraph 12.6 of the Private Minute of 8 December 2020, there had been circulated a briefing note by the Principal Solicitor, Hannah MacLeod.   Mrs MacLeod advised that the Sub-Committee had approved, in principle, a proposal to donate a portrait of the Earl of Minto by George Chimnery to the National Galleries of Scotland.  This was because the painting needed restoration, there was no suitable hanging space in Hawick because of its significant size, the cost of insurance and the preference for retaining the painting within public ownership in terms of the Museum Association Code of Ethics.  A statutory consultation process had now been undertaken and twenty responses received, 13 of which were in support of the proposed donation.  Of the seven objections, three wished for the painting to be sold and the proceeds to go to Hawick Common Good and the others suggested that the painting should be hung in Hawick.  Mr Brown added that he had contacted the National Galleries of Scotland and once the restoration work had been completed it was their intention to display the painting.

In response to questions, Mrs MacLeod advised that as the proposal was to donate the painting to the National Galleries of Scotland it was on this basis that they would incur the restoration expense.   The painting had been stored at the National Galleries for the past 50 years and had only recently been recognised as belonging to Hawick Common Good. Common Good assets could be sold if not considered inalienable.   Mr Brown advised that restoration costs would be in the region of £5k to £8k, the painting had been valued by Christies at £30k - £50k.   However, this would depend on being able to secure a buyer.  Mr Brown reminded the Sub-Committee that the National Galleries of Scotland had asked for the painting to be returned to Hawick or donated to them.  If the Sub-Committee decided to retain the painting, it would need to be returned to Hawick and there was no suitable location to store the painting and its condition could deteriorate further.  Mr Brown further advised that while paintings were often loaned for specific exhibitions, it was unusual for a museum to look after exhibits that they did not own themselves on a long term basis.   

Following a discussion it was agreed to request that Mr Brown ask the National Galleries of Scotland if they would retain the painting on loan, if the cost of the restoration was funded by Hawick Common Good.  If the National Galleries of Scotland were unable to undertake the restoration work to ascertain if this could be undertaken by a private restorer up to the value of £10k.  If this was feasible, to enquire if the National Galleries of Scotland would retain the painting for display on loan, with an appropriate inscription.  Once the outcome of discussions with the National Galleries of Scotland was known to update the Sub-Committee.

DECISION

AGREED

(a)          To request that the Cultural Services Manager ask the National Galleries of Scotland if they would retain the painting on loan, if the restoration works was funded by Hawick Common Good;

(b)          If the National Galleries of Scotland were unable to undertake the restoration to ascertain if the works could be undertaken by a private restorer up to the value of £10k;

(c)       If the restoration work was to be undertaken by a private conservator to ask the National Galleries of Scotland if they would retain the painting on loan; and  

(d)       To request an update at the next appropriate meeting.