An Taisce has been given permission by the High Court to bring a legal challenge to the issuing of export licences for ten paintings which are part of the collection of Sir Alfred Beit.
Two of the paintings – both by John Atkinson Grimshaw - were sold at auction at Christie’s in London for £56,250 each today.
Others, including two oil sketches by Peter Paul Rubens, are due to be auctioned on 9 July.
In a sworn document John Loughman, senior lecturer in UCD's School of Art, History and Cultural Policy, told the High Court that the works in question were "part of Ireland's rich cultural patrimony" and their loss to Ireland's cultural heritage would be "enormous".
An Taisce alleges a licence of 16 March granted by the National Gallery of Ireland to the Irish branch of Christie's, acting as agent of the Alfred Beit Foundation for export of the paintings to the UK, was made in excess of the powers of the Gallery.
The court was told the appropriate authority for the granting of such licences was the Minister for Arts, Heritage and the Gaeltacht and she had no power to delegate that authority.
Despite "numerous" requests for clarification about the alleged act of delegation, An Taisce says it has been unable to identify how that was achieved.
It did not appear the delegation was achieved by primary or secondary legislation, it is claimed
While no stay on the sale of paintings has been sought, it is alleged the relevant paintings were unlawfully exported out of Ireland.
An Taisce said it has clarified that 'Portrait of a Monk' by Rubens, will not now be sold at the auction in London on 9 July and has been returned to Ireland.
The case related to the balance of the paintings subject of the export licence.
An Taisce, claims ten paintings were unlawfully exported out of Ireland in March in breach of the provisions of the Documents and Pictures (Regulation of Export) Act 1945.
In an affidavit, An Taisce chairman John Harnett said while An Taisce's nominee on the board of the National Gallery had voted in favour of the sale of the paintings, the nominee did not inform An Taisce of that or seek An Taisce's mandate in advance of the vote.
An Taisce had learned of the sale through the media and its nominee's vote did not reflect An Taisce's stance, he added.
Senior Counsel for An Taisce, Sara Moorhead, secured leave from the President of the High Court, Mr Justice Nicholas Kearns, to bring the judicial review proceedings against the governors and guardians of the National Gallery of Ireland and the Minister for Arts, Heritage and the Gaeltacht.
The Alfred Beit Foundation and Christie, Manson and Woods Ltd, trading as Christie's of St James's, London, are notice parties to the proceedings.
Ms Moorehead, who made the application ex parte said the issue raised is "very net" and she wanted an early return date for the matter.
Asked by the judge if she was seeking a stay, Ms Moorehead said she was not trying to stop the sale but was putting the respondents on notice of the "infirmities" related to the export licence. The judge listed the matter for 3 July.
Earlier, counsel said, while the export licence was granted last March, her side had had to get information via a Freedom of Information request and only got that information this month.
While a parliamentary question was previously put about the export licence, the response was sparse, that it was a matter for the National Gallery, counsel said.
In its action, An Taisce says the director of the National Gallery who signed the export licence is also a member of the committee of management of the Beit Foundation.
It says an EC Council Regulation of 2009 requires that paintings which were in the territory of a member state, such as the ten paintings at issue, must be granted an export licence by that State.
Where paintings are legally exported from one member state to another, the latter state is entitled to issue an export licence, it says.
While three of the paintings at issue were previously exported to Hong Kong and New York, they were not granted an export licence from the minister and were not legally exported to another member state, it is alleged.
In a statement, Christie's said: "We are aware that An Taisce is looking to challenge the basis on which the Irish authorities have granted their export licences for the last 30 years. We have not seen any details on this."
This evening Judith Woodworth, Chair of the Alfred Beit Foundation and arts minister Heather Humphries met to discuss the sale of the paintings.
Minister Humphries asked Ms Woodworth to the delay the sale of the paintings or consider withdrawing them from auction.
The minister said that the foundation could not do either “as they would incur a fee of £1.4 million for breaking an agreement with the auction house, Christie's”
In a statement this evening, the Alfred Beit Foundation said the challenges in funding Russborough House are “immense”.
Ms Woodworth said: “Russborough needs about €1 million every year to cover its operational costs and to maintain and restore the fabric of the house and the estate.”
