The Alfred Beit foundation was an independent trust and could not be instructed on how to do its business, Minister for Arts and Heritage Heather Humphreys told the Seanad.
She was responding to Senators who demanded that the sale of paintings from the Beit collection be stopped.
Ms Humphreys said the foundation’s trustees had said the paintings had been in storage and not on public view for almost 20 years.
“The memorandum and articles of association of the Alfred Beit foundation also make it clear the trust is perfectly entitled to sell the assets of the foundation,’’ she added.
She said her department did not have the discretionary funds necessary, believed to be in the order of €12 million, to buy the paintings.
“I will continue to see if any other possible options can be explored, but this, however, will be difficult given that the sale is to proceed next month,” Ms Humphreys added.
Lost vote
Earlier, the Government, which is in a minority in the Seanad, lost a vote on a demand that the Minister should address the House on the sale.
Senator Terry Leyden, of Fianna Fail, said there were no further excuses for the Minister to allow the sale of any more paintings.
Senator Maurice Cummins of Fine Gael accused Mr Leyden of playing to the gallery, adding he was very surprised the foundation had decided to sell paintings without notifying the Minister.
It was deplorable and those involved should consider their position on the board, he added.
Independent Senator Marie-Louise O’Donnell said she was disappointed not all of the 35 Senators, who were present earlier when the House voted to have the Minister attend, were in the chamber.
“If we call Ministers in, we should be here to listen to what they have to say,’’ she added.
Ms O’Donnell said the State had put millions into the preservation of Russborough House and the Government had a right to question what was happening to the paintings.
Senator Ivana Bacik, of Labour, said a vital question was whether the sale of the paintings could be prevented.
At ministerial questions in the Dáil earlier yesterday, Ms Humphreys told Fianna Fail’s Seán Ó Fearghaíl the sale was a matter for the management committee of the Alfred Beit Foundation, which owned and ran Russborough House.
“My department has no function in the administration or sale of these art works,’’ she added.
She said she had met the foundation’s chairperson on Tuesday night and had asked if it would be possible to delay the sale or consider withdrawing the paintings from auction to provide some time in which to explore all other possible options that would involve her department and the OPW.
“The trustees declined to either delay or cancel the sale, citing the fact that they would incur a liability of stg£1.4 million sterling for breaking an agreement with the auction house handling the sale,’’ Ms Humphreys added.
