Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest: Note of case hearing on 2 December 2009: The Shearers by Samuel Palmer (Case 13, 2009-10)

Application

1.  The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA) met on 2 December 2009 to consider an application to export a painting, The Shearers by Samuel Palmer. The value shown on the export licence application was £3,800,000, which represented an agreed sale price. The expert adviser had objected to the export of the painting under all three of the Waverley criteria, i.e. on the grounds that it was so closely connected with our history and national life that its departure would be a misfortune, that it was of outstanding aesthetic importance, and that it was of outstanding significance for the study of Samuel Palmer’s ‘Shoreham’ period.

2.  The eight regular RCEWA members present were joined by three independent assessors, acting as temporary members of the Reviewing Committee.

3.  The applicant confirmed that the value did not include VAT, but was unsure about whether or not VAT would payable in the event of a UK sale. The applicant also confirmed that the owner understood the circumstances under which an export licence might be refused and that, if the decision on the licence was deferred, the owner would allow the painting to be displayed for fundraising.

Expert’s submission

4.  The expert had provided a written submission stating that the painting met the first Waverley criterion because it was a quintessential representation of the English pastoral tradition, based on Kentish scenery around Shoreham. It was a climactic statement of Palmer’s ‘Shoreham’ period, when he had created visionary poetic and nostalgic work in opposition to the predominant naturalism of the day. It also reflected tension associated with contemporary agricultural unrest and the impact of the Reform Bill. The expert adviser also stated that the painting met the second Waverley criterion because it was one of Palmer’s largest and most compete landscape paintings, an exceptional demonstration of the artist’s development as a colourist, and unique in its dynamic representation of figures and agricultural labour and its materials. Finally, the expert adviser stated that the painting met the third Waverley criterion because of its importance for the study of Palmer’s ‘Shoreham’ period, a distinct strand of British Romanticism and a major inspiration to Post-Impressionism and Neo-Romanticism.

Applicant’s submission

5.  The applicant had stated in a written submission that, as he understood the Waverley criteria, the painting seemed to meet only the second criterion; i.e. it was of outstanding aesthetic importance.

Discussion by the Committee

6.  The expert adviser and applicant retired and the Committee discussed the case. The majority of members were of the view that the painting had a close association with our history and national life because it lay at the heart of the stream of Romanticism which ran through Britain in the nineteenth century. Although some of the members felt that the painting was not entirely successful in aesthetic terms, all agreed that it was of outstanding aesthetic importance because it was a major work by one of the leading landscape painters of the nineteenth century, with remarkable light, a well-constructed composition, and a powerful group of mysterious figures. Everyone agreed that the painting was important for the study of the works of Samuel Palmer, particularly of his ‘Shoreham’ period, a distinct strand of British Romanticism.

7.  It was agreed that the current owner of the painting should be asked to confirm that the sale was a genuine arm’s-length transaction and that he was in no way connected with the prospective purchaser.

Waverley Criteria

8.  The Committee voted on whether the painting met the Waverley criteria. Six members voted that it met the first Waverley criterion with five voting against. All eleven members voted that it met the second Waverley criterion with none voting against. All eleven members voted that it met the third Waverley criterion with none voting against. The painting was therefore found to meet all three of the Waverley criteria. It met the third Waverley criterion because of its importance for the study of the work of Samuel Palmer, particularly of his ‘Shoreham’ period. The Committee also recommended that the painting be given a starred rating, meaning that every possible effort should be made to raise enough money to keep it in the country.

Matching offer

9.  The Committee recommended the sum of £3,800,000 as a fair matching price. It was noted that the issue of whether or not VAT would be payable in the event of a UK sale would need to be resolved.

Deferral period

10.  The Committee agreed to recommend to the Secretary of State that the decision on the export licence should be deferred for an initial period of three months. If, within that period, MLA received notification of a serious intention to raise funds with a view to making an offer to purchase the painting, the Committee recommended that there should be a further deferral period of four months.

Communication of findings

11.  The expert adviser and the applicant returned. The Chairman notified them of the Committee’s decision on its recommendations to the Secretary of State. The applicant confirmed that the owner would accept a matching offer at the price recommended by the Committee if the decision on the licence was deferred by the Secretary of State. The Chairman asked the applicant to confirm that the agreed sale was a genuine arm’s-length transaction and that there was no connection between the current owner and the prospective purchaser. The applicant agreed to obtain written confirmation of this from the owner.

Subsequent developments

12.  The Committee received written confirmation that there was no connection between the current owner of the painting and the prospective purchaser.