London. Since November 27, some British museums have been able to return low-value objects without seeking prior authorization. Long awaited, this directive modifies the 2022 law for museums which have the status of “charity” (charitable organization). This status implies pursuing a mission of public interest, thus, here, preserving collections and promoting access to culture, but also being regulated by the Charity Commission, an independent body financed by the Public Treasury. Prior to this directive, these museums required approval from the commission to make a payment ex gratia (free of charge), that is to say a gift or transfer on the basis of a moral obligation.
“This directive thus removes a layer of bureaucracy, deadlines, but also the risk of refusal,” says Amy Shakespeare, researcher at the University of Exeter and founder of Routes to Return, a site dedicated to facilitating restitution. However, the objects concerned must meet a strict and proportional value criterion. “The threshold depends on the gross income of the museum, explains Alexandre Herman, director of the Institute of Art and Law. If the museum is large and its resources exceed a million pounds per year (€1.14 million), this threshold will be at 20,000 pounds (€22,800) in value. » This threshold will be 1,000 pounds (€1,140) for incomes below 25,000 pounds (€28,600), 2,500 pounds (€2,860) for the range of 25,000-250,000 pounds (€28,600-286,000) and 10,000 pounds (€11,400) for the range from 250,000 pounds to one million pounds (€286,000-€1.14 million).
“More clarity and flexibility”
For the government, the objective is not to revolutionize practices, while the use of ex gratia payments is rare for many museums. “These legislative changes provide greater clarity and flexibility,” said Christine Barker, head of regulatory authority at the Commission. On the other hand, the 16 national museums were excluded from this directive. According to the government, the objective is not to modify the existing statutory framework. Some of these museums are in fact subject to specific laws which formally prohibit them from donating, returning or transferring objects from their collection for purely moral reasons, except in very specific circumstances (in cases of duplicates or objects unfit for conservation). Two exceptions are also provided: human remains less than 1,000 years old and objects looted during the Nazi period.
When changing the law was under discussion and the Conservatives were in power, the question of excluding national museums was left open. “While the Labor Party won the election, it could have demonstrated its support for the restitution issue by including the national museums, observes Amy Shakespeare. This is a missed opportunity. » According to the researcher, most national museums currently invoke the law as “excuse for not looking into the issue of repatriations”. But Amy Shakespeare believes that the motivations of Labor Prime Minister Keir Starmer’s team are mainly political. “The government fears negative reactions from the right-wing opposition, she judges. He also fears the risk that this could open the way to an avalanche of requests for national museums. »
The law, however, provides that these national museums can make small “moral payments” from other assets, without authorization, for objects whose value is below the applicable financial thresholds. While these national museums have very large collections, the number of non-national museums registered as “charity” is however estimated at more than 2,300 in the United Kingdom. Amy Shakespeare thus wants to believe that change is going in the right direction.
