Seanad debates

Thursday, 18 June 2015

10:30 am

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

That is very clear. That is the trust that was set up and signed, and that is a legal document.

I want to deal with a few issues that were raised, and I thank the Senators for the matters they raised with me. In regard to the export licensing system, it should be noted that this function was delegated to the director of the National Gallery in 1985 and it has operated under this system since. An Taisce has asked for a judicial review and I point out that the judicial review does not seek to stop the sale but to challenge the legality of the delegation of the Minister's function to the director of the National Gallery. The Department will be further consulting the Office of the Attorney General for advice on this matter and the matter is being examined.

My Department last year began to examine the issue of the commencement of the National Cultural Institutions Act 1997 and it will report to me on that shortly. It is important to note that this Act does not allow me or the director of the National Gallery to prevent the export of these paintings. It is not accurate to suggest that simply commencing certain provisions of the 1997 legislation would allow the Minister to refuse an export licence. These issues were examined in the 1980s and the 1990s and the view has always been that there are other issues around property rights. It is not quite as simple as some might suggest.

I would like to clarify something for Senator Leyden. I called the chair of the Beit foundation on Thursday morning, 11 June, and I spoke to her that morning. I asked her if she could meet me. The first available date that suited either of us was Tuesday evening. In regard to the Taoiseach, he did not tell me to meet Judith Woodworth; that was my own idea. I want to be very clear on that. I did discuss it with the Taoiseach on Tuesday.

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