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Joint Committee on the Royal Hibernian Academy (Amendment of Charter) Bill debate -
Tuesday, 7 Nov 2023

Consideration of Application for a Private Bill entitled the Royal Hibernian Academy (Amendment of Charter) Bill

I welcome everyone to this meeting of the Joint Committee on the Royal Hibernian Academy (Amendment of Charter) Bill, which is a Private Bill application. We are quorate and I acknowledge that Senator McDowell, Deputy Ó Snodaigh and myself are present. We have apologies from Deputy Ciarán Cannon and Senator Vincent P. Martin. As both the members and the visitors will be aware, a vote has been called in the Seanad and we will stop shortly to attend that.

It is worth acknowledging at the start that this is an unprecedented meeting. We have not had a Private Bill in the Houses for 20-odd years but we have never had a Private Bill under the new Standing Orders put in place last year in relation to these Bills. Therefore, it is uncharted territory.

It is great to welcome the members of the Royal Hibernian Academy. Hopefully, we will dispose of the Bill in a fairly effective way. As I said, it is to be considered under the new Standing Orders of the Dáil and Seanad relative to Private Business, which, I am told, were adopted last year.

What I will do before we suspend is acknowledge who is here. I will start with Dr. Andrew Folan, who is the secretary of the Royal Hibernian Academy. Mr. Patrick Murphy is director of the Royal Hibernian Academy. Ms Lorna Lynch SC is here as counsel to them, as proposers of the Bill. Mr. James Hanley is here as a member of the Royal Hibernian Academy. Mr. Walter Beatty is here as parliamentary agent for the Royal Hibernian Academy, as promoter of the Bill, and Mr. Simon Smith, solicitor, is here with it, as promoter of the Bill. They are all very welcome and I thank them for coming in. I am looking forward to going through this.

Having done all that, I suggest we might break for a few minutes to allow that Seanad vote to take place. We will resume, I would imagine, in approximately ten minutes. Is that agreed? Agreed.

Sitting suspended at 7.08 p.m. and resumed at 7.28 p.m.

I thank everyone. Apologies for the delay. I welcome Deputy Shanahan. It is good to see the Deputy.

The business this evening is to consider an application for a Private Bill from the Royal Hibernian Academy and to report to the Dáil and Seanad, or the Seanad and Dáil as it will be, on whether we consider the Bill to be in order for introduction.

In accordance with the procedure agreed at the previous meeting - we had a private session meeting already about this - we will begin our consideration by hearing a presentation from the promoters of the Bill and we will then go into private session to consider the application. As part of our consideration of the application, we will, first, hear a report from the Office of the Parliamentary Legal Advisers, OPLA, on its examination of the Bill and its compliance with Standing Orders. We will then proceed to examine and adjudicate on the Preamble to the Bill. If we are satisfied on the conclusion of our examination, we will proceed to report to the Dáil and Seanad that the application meets Standing Orders and that the Preamble to the Private Bill has been proved.

I invite Ms Lynch SC to make the presentation on behalf of the Royal Hibernian Academy, RHA.

Ms Lorna Lynch

I thank the Chair and wish members of the committee a good evening. As has been indicated by the Chair, my name is Lorna Lynch SC and I am appearing on behalf of the promoter.

The committee has had the opportunity to see the details that are set out in the explanatory memorandum and I do not propose to detain the members for any great length of time.

Briefly, by way of background, the committee will see that the Royal Hibernian Academy was incorporated initially by royal charter in 1823 and there was a further royal charter in 1861. Pursuant to the provisions of that charter, it provided that the RHA would consist of 30 members and that those 30 members could, in addition, appoint a number of artists, not exceeding ten, to join the RHA, and they were to be known as associates.

The purpose for the RHA is set out, that is, in summary, to cultivate and promote fine arts in the jurisdiction of Ireland.

The charter was adapted on foot of the adoption of charter order in 1940, SI 331 of 1940. There has been no amendment since then. The background to the application being made is in circumstances in which, thankfully, from the perspective of the RHA, there is a developing artistic scene and, in particular, a desire among existing members to promote and increase membership of the RHA among younger artists. That is probably a central feature of what is proposed and set out in the draft Bill, which is to increase membership from 30, as provided in the 1861 charter, to 55. It has also been set out in the explanatory memorandum that another feature of what is proposed in the Bill is to create a permanent position of keeper, which will, in addition, be referred to as one of the four, including president, treasurer and secretary. That is somebody who takes care of the works of art or property.

The balance of what is set out in the Bill is to address what I refer to as some historical matters that are still contained in the charter. To go through those in order, it proposes the removal of what has been set as a yearly value of £1,000 on the value of assets that can be purchased or given to the RHA. The draft Bill also proposes replacing one of the qualifying professions referred to in the charter as "engravers". That is to be replaced with the profession of "print-makers". That designation of print-makers would include engravers. It is a broader term so it is not a question of engravers in any way being excluded. All engravers are considered print-makers, although not all print-makers are engravers.

There are two provisions in the 1861 charter that limit the geographic area in which business can be conducted or where members can assemble to the city of Dublin or ten miles thereof. It is proposed to delete two specific references to that geographic limitation. The draft Bill also proposes replacing the quorum if the president was absent and for the purposes of electing a vice president. At the moment it is stated to be nine. It is proposed to replace that with wording that refers to "one third or more" members. If the Bill was to go through, that would allow for 55 members. If the president is absent, that reduces to 54 and it is one third of those members, being 18 or more, which would be quorate for electing a vice president.

That is the background in brief. The wording has been provided to committee members. I draw the committee's attention to one issue concerning paragraph 6 that needs to be cross-referenced with the wording of the charter. Paragraph 6, as it currently reads, refers to the charter of 1861 and refers to deletions proposed from lines 68 and 82. This relates to the deletion of a geographic limit. The relevant words are "City of Dublin or within ten miles thereof" but those nine words appear in a slightly different order in lines 68 and 82. Working off the version of the charter that committee members have, on page 12 of the printed version, about five lines from the bottom is the geographic limitation that relates to the carrying out of business. It is phrased "within the city of Dublin or ten miles thereof". Those are the nine words used. On page 13 of the charter, when it refers to where members can assemble, three lines from the bottom, there is a slightly different formulation of the nine words, namely, "In the city of Dublin or within ten miles thereof". I suggest it will be necessary to amend paragraph 6. It will be part of my presentation that it is not in any way a material amendment of any significance. It relates to a deletion. It should probably read, "The charter of 1861 shall be read and construed as if the following words were deleted therefrom, where the same appear in lines 68 and 82 thereof, that is to say, the words" and there should then be open quotes, "within the city of Dublin or ten miles thereof" and, continuing, "city of Dublin or within then miles thereof". That captures both the phrases of the geographic limitation as contained in the charter and proposes that both be deleted.

The balance of the matters set out in the Bill have been summarised in the explanatory memorandum. I do not propose to detain committee members any further unless there are particular questions or clarifications required from me at this stage.

Is membership increasing members from 30 to 55?

Ms Lorna Lynch

That is correct.

There is no increase in associates.

Ms Lorna Lynch

No. It would still remain that those members, the increased membership of 55, can appoint ten artist members known as associates.

If there are 55, it is quite an onerous quorum to get 19 people in attendance.

Ms Lorna Lynch

That is simply for the purposes of-----

Electing a vice president.

Ms Lorna Lynch

It is in relation to that and probably an unlikely event if a president is absent and it is necessary to elect a vice president, that is the purpose of that quorum.

Why was the proviso in there for the purchase up to a maximum of £1,000? Was that in terms of assets?

Ms Lorna Lynch

It was a historical setting limit. It does not seem to have related to any particular that I could see.

What is that threshold being changed to?

Ms Lorna Lynch

That will simply be deleted. There will be no monetary limit. It would be quite a low limit in terms of any works that could either be given or purchased by the RHA so it is proposed to simply abolish that monetary limit in full.

I presume you can only spend what you have anyway.

Ms Lorna Lynch

Exactly, limited by the funds.

We will now go into private session. In the normal course, the witness is not required to stay. She is welcome to stay if she would like to but that has to be outside the room, which sounds really rude when you say it like that. We have to go into private session. Mr. Robert Crowley from the Office of Parliamentary Legal Advisers will give us a read-down, which I suspect will not differ very much but we have to listen to him. We will then make a decision as to where it goes from there. Ms Lynch is welcome to hang on. If she has places to go, there is no difficulty. The decision will be communicated to her by Mr. Rigney later anyway.

Ms Lorna Lynch

I think we will wait. I thank the Chair.

I am not anticipating any-----

No, I do not think so. We very much appreciate the time and effort that has clearly gone into this. Be in no doubt as to the appreciation of the value of the RHA by the members of this committee. It is a body of huge importance. We are delighted to, I hope, be able to facilitate these changes, which are right, proper, sensible and modern.

Ms Lorna Lynch

I appreciate that. I thank the Chair.

Not to prejudge anything.

The joint committee went into private session at 7.39 p.m. and adjourned at 7.46 p.m. sine die.
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