So where does the Law come into it?
Where an ethical situation is informed by legislation, it is the legislation that has greater influence.
For example the Ethics committee are approached about a governing body borrowing money from the museum.
Whilst Principle 3 – Individual and institutional integrity includes some provision about individual behaviour the ‘allegation’ is so serious that the committee would recommend that this is a legal matter, as well as an ethical matter, and should be escalated in this way.
Equally however, there may be instances where the spirit of the law rather than the letter of the law is enhanced and supported by applying the Code.
For example within inPrinciple 1 – Provide public access to, and meaningful engagement with, museums, collections, and information about collections without discrimination.
If we looked at the Equality Act 2010 in relation to discrimination it only includes nine protected characteristics, however the Principe 1.1 enables organisations to subscribe and commit to a broader definition.
For example Arts Council England includes socioeconomic status as part of their definition of diversity.
So whilst there is a dynamic relationship between ethics and the law we believe this Code’s provisions to be in the best interests of the public, and therefore we urge all museum governing bodies (and where appropriate, subsidiary, subcontracted or delegated bodies such as executive committees, contractors or managing bodies), to formally adopt it.