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The professor believes that the director of the National Museum has violated the rules of fairness in the sponsorship case involving Nicolai Tangen. Now the conservatives and the Socialist People’s Party want to involve Culture Minister Abid Raja (V) and the ministry.
Politicians and law professors react after VG’s discussion of the sponsorship case at the National Museum, where Nicolai Tangen this winter announced a large monetary donation at the request of her friend, director Karin Hindsbo.
- Kristin Ørmen Johnsen (H), chair of the Storting’s culture committee, says “the case seems unfortunate” and will ask the Minister of Culture about the quality assurance of the regulations.
- Law professors E claim Smith, Jan Fritjof Bernt and Christoffer Conrad Eriksen are critical of procedure and understanding of the rules of probity.
- Freddy Øvstegård, a member of the SV committee, wants the Ministry of Culture to enter into and consider an agreement before signing it.
Hindsbo asked Tangen and his AKO Foundation for money for the newly built National Museum at Vestbanen in Oslo last fall. Tangen said yes in December and Hindsbo flew to London in January to discuss a collaboration. The foundation offered to pay the money in March, but the museum has not completed the case.
This week, VG wrote that the law firm Føyen Torkildsen, which was hired by the museum board, concluded that Hindsbo is incompetent and cannot handle or decide anything about the museum gift. The reason is that the friendship with Tangen may be suitable to influence the case and the final decision.
Emeritus Professor of Law Jan Fritjof Bernt from the University of Bergen is clear in his assessment:
– It was a violation of the disqualification rules when Hindsbo contacted Tangen about the possibility of a collaboration with the National Museum. She then took a first step to initiate a process towards a settlement and thus participated in the prosecution of the case, Bernt tells VG.
Bernt’s main field is Public Law and Public Administration Law, where impartiality is discussed in section 6. The Ministry of Culture has previously indicated to VG that the National Museum must “ensure that administrative principles are followed.”
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Smith: – Problematic
Law professor E claim Smith from the University of Oslo is also instrumental.
– The director of the National Museum has been involved in the case from the beginning and her role may have been decisive for the outcome, although she was not involved in the final preparation of the case for the board. The entire course of the procedure, from the first investigation last year to the final decision, is subject to the rules of fairness. The disability that has been established exists, therefore, from the beginning of this case, says Smith to VG.
One of Smith’s main fields is administrative law, which includes disability. The new National Vestbanen Museum in Oslo costs more than NOK 6.1 billion and will be completed next year. The museum will house ancient and modern art, contemporary art and architecture.
– On Friday, the director of the National Museum said that she has acted correctly and the president of the board gives her all his support. Do they show a good understanding of the rules of fairness?
– No, it is difficult to see, says Smith and elaborates:
– You might think that this is just talking to some friends about gifts for a good cause and therefore not problematic. But in such situations, there are certainly some conditions on the part of the donor, and it is clear that case prosecution is problematic in such a disability, Smith says.
Tangen resigned from the AKO Foundation in July, as one of the preparations to take over as director of the Oil Fund, but the impartiality assessment indicates that Hindsbo cannot handle the sponsorship case anyway.
The Føyen Torkildsen Law Firm Assessment
Defend the procedure
Both Hindsbo and the museum’s president, Linda Bernander Silseth, defend the procedure in interviews with VG and point out that the museum must obtain income from individuals.
– Professor E claim Smith is right, of course, that endorsement deals come with some conditions. These terms will be negotiated when formal talks begin in the fall. The way in which this process will be carried out will be discussed and decided by the board of the National Museum on Monday, September 7. When a possible draft of a collaboration is available, the conditions will be evaluated by the National Museum board, which will then say yes or no to an agreement.
The Ministry of Culture appoints the Board of the National Museum. Tangen’s financial support is intended to last three years, Hindsbo told VG in June.
– It is natural that I use my network to explore opportunities to also take care of this part of the work. That being said, of course we need to make sure the assessments we make are in line with what they should be. Finally I will repeat that I myself pointed out a possible incapacity to the chairman of the board before the summer, says Hindsbo.
Seven months had passed since the process began and the museum had already received an offer to receive the first payment.
Take a closer look at fairness
Board chair Bernander Silseth says the National Museum will take a closer look at how they handle fairness in the future, but stands up for Hindsbo.
– I know the relationship between Hindsbo and Tangen since he took office. I think it is important that the director of the National Museum investigates the possibilities in his network so that the museum has good partners and meets the demands of politicians for its own gains, Bernander Silseth tells VG.
Hindsbo took office in 2017. Bernander Silseth first requested the impartiality assessment in June, shortly after VG contacted him and asked him about the friendship between the director and Tangen and the collaboration with his AKO Foundation.
– In any case, now we will take a closer look at how we handle fairness issues in the organization, Bernander Silseth tells VG.
The Ministry of Culture wants
– We must be sure that the National Museum is not a place for friendship services or connections that are not taken into account, when choosing sponsorship and art deals, says Storting representative Freddy Øvstegård (SV) on the culture committee from the Storting for VG.
– The close connection between the director of the National Museum, Tangen and the AKO Foundation should have been informed before, in order to obtain a probity assessment even before starting the money request process. You manage the community’s funds and interests, says Øvstegård.
– The Ministry of Culture should consider a possible agreement that the National Museum wishes to enter into with the AKO Foundation. The Culture Ministry must also consider whether the case will have other consequences, says Øvstegård.
Right: – The case seems regrettable.
– Conservatives care and work to increase private contributions to art.
and Culture. This should be done carefully so that no questions can be asked.
on the motives of the private donor or art institution
applies, says the leader of the culture committee at the Storting, Kristin Ørmen
Johnsen (H) to VG.
– The case seems regrettable. At the National Museum, it’s the board’s job to ensure that the organization’s rules and procedures related to private donations and disability are followed, says Ørmen Johnsen.
– Competency evaluations have been obtained. On the basis of the case, tomorrow I will send a written question to Minister of Culture Abid Raja on how he will work to ensure that individuals can contribute more to cultural institutions and how he will ensure that we have good, quality-assured regulations regarding private donations, says Ørmen Johnsen.
– strange
Law professor Christoffer Conrad Eriksen has read the assessment evaluations. He responds that the chairman of the board, Bernander Silseth, has defended the procedure saying that Hindsbo “pointed out a possible incapacity before the formal discussions began.” By then, Hindsbo had already been in London to discuss the collaboration.
– It is strange that the chairman of the board of the National Museum considers Hindsbo as
competent in the preparatory process of the case, but not in
the final work with him, Eriksen tells VG.
Bernander Silseth is also chairman of the board of Norsk tipping and a member of the board of Avinor.