Appendix 6 - The second interim report
PRIVATE AND CONFIDENTIAL
BRITISH MUSEUM
PARTHENON SCULPTURES
SECOND REPORT
BY THE BOARD OF INQUIRY
APPOINTED BY THE STANDING COMMITTEE OF THE TRUSTEES
OF THE BRITISH MUSEUM AT A MEETING ON 8TH OCTOBER,
1938
1. The Board beg to refer to their previous Interim Report of
7th November 1938 which was laid before the Standing
Committee of the Trustees at their Meeting on 12th
November 1938. Prior to that Meeting the passages of the Board's
Interim Report attributing neglect of duty to Mr. Pryce and Mr.
Hinks were communicated to them and they each submitted a written
statement in answer. These statements were laid before the Meeting
of the Standing Committee along with the Board's Interim Report,
and Mr .Pryce and Mr. Hinks were each called in separately and
afforded an opportunity, of which they availed themselves, of
supplementing their written statements and answering questions
addresed to them by members of the Committee and the Director.
2. The Committee, having taken into consideration the Board's
Interim Report, the written statements by Mr. Pryce and Mr. Hinks
and the results of the interviews, resolved in terms of the
following extract from the Minutes of the Meeting:-
The Committee accepted the Interim Report of the Board of
Enquiry, and requested the Board to meet at 4.15 p.m. on November
15th in order to complete its enquiry and to make
recommendations particularly in regard to the disciplinary action
to be taken and the publication of the facts.
3. The Board held a fourth meeting on the 15th of
November 1938 at which all the members were present except Sir
Charles Peers who communicated his views in a letter to Lord
Macmillan of 14th November. The Board examined J. F.
Sinclair and A. E. Simenton, two of the labourers who had been
engaged in the cleaning of the sculptures; and A. S. Holcombe, the
Foreman Mason, was recalled and further examined. Sinclair stated
that he had used copper tools in cleaning the Parthenon marbles
since June 1937. He also stated that Daniel, the foreman employed
by Lord Duveen, had pointed out to him that one of the slabs,
chosen for Lord Duveen to show in his new gallery, was not white
enough and that Holcombe had previously told him to see if he could
brighten it up. The slab was in consequence recleaned. Daniel
commended him for getting it whiter. The incident is of importance
only as showing that Holcombe and Sinclair and presumably the other
workmen were aware of Daniel's desire that the sculptures should be
made as clean and white as possible for Lord Duveen.
4. The Board learned from Holcombe, Sinclair and Simenton that a
sum of two or three pounds had been given by Daniel to Holcombe to
be divided among himself and the workmen after they had performed
some heavy work in moving some of the sculptures, and that this sum
was shared among them. The Board do not associate this payment with
the cleaning operations, except in so far as it was calculated to
promote the readiness of Holcombe and the workmen to comply with
Daniel's wishes.
5. The Board have investigated the position with regard to the
dismissal of Keepers and Assistant Keepers of Departments. These
officers are appointed by the three Principal Trustees, viz., the
Archbishop of Canterbury, the Lord Chancellor and the Speaker of
the House of Commons, under the powers conferred by the statute 26
Geo.II.c.22 S.17. The form of appointment in use declares that the
appointment is "subject to and until a removal from the said
employment and service by the Principal Trustees of the British
Museum for the time being, without prejudice to the power of
removal for misbehaviour or neglect of duty vested in the Trustees
of the British Museum by Section XV of the Act of Parliament of 26
George II, cap.xxii and subject to the provisions of the Acts of
Parliament and the Orders in Council governing the retirements and
superannuations of the Civil Service." Section XV of the Act
provides that the Trustees "shall and may at their
pleasure...suspend or remove...for misbehaviour or neglect of duty"
any officer appointed by the Principal Trustees. As regards the
powers of the Standing Committee, the existing Statutes and Rules
in Chapter I paragraph 7 direct the Committee to "inquire as often
as they think fit into the conduct of the Officers ... of the
Museum and give directions accordingly", but they do not confer on
the Committee any power to dismiss or remove Officers.
6. The Board have given anxious consideration to the question of
the disciplinary action to be taken in the cases of Mr. Pryce and
Mr. Hinks. After fully discussing the matter (without the presence
of the Director) they have come to the conclusion that the
interests of the Museum require that Mr. Pryce and Mr. Hinks be no
longer retained on the staff of the Museum. As to the precise form
which the termination of their appointments should take the Board
are of opinion that this is a matter to be determined by the
Trustees. The possible courses are (1) that they be permitted to
resign; (2) that they be removed from office on the ground of their
inability to discharge efficiently the duties of their offices; (3)
that they be dismissed for neglect of duty. In the last mentioned
case no retiring allowance would be granted; in the second case the
Treasury have a discretion to grant a retiring allowance
(Superannuation Act, 1887, sections 2 and 9); and in the first case
presumably some retiring allowance would be payable if the
resignation were on the ground of health, but not otherwise. The
Treasury authorities, who have been unofficially consulted, have
expressed a desire that they should be informed beforehand as to
the disciplinary action to be taken.
7. The Board accordingly recommend that the Trustees in
conjunction with the Principal Trustees at the Meeting of the
Trustees to be held on the 10th of December 1938
terminate the appointments of Mr. Pryce and Mr. Hinks in such
manner as may be deemed appropriate; and they suggest that Sir
James Rae, K.C.B., K. B.E. of the Treasury be invited to be in
attendance for the purpose of consultation, if thought
desirable.
8. As regards the question of apprising the public of what has
occurred the Board are of opinion that a public statement need not
be made. They have learned with satisfaction that remedial measures
applied by the Director and Dr. Plenderleith have mitigated to a
considerable extent the evidence of the treatment which the three
pediment-sculptures have received so far as the eye of the general
public is concerned but to the expert the damage will remain
discernible. In these circumstances the Board do not recommend any
communication to the Press on the subject.
British Museum
November, 1938.