HMS “Victory”

Baroness Andrews Excerpts

Wednesday 28th November 2012 Grand Committee

[Baroness Andrews]

My Lords, I welcome the opportunity to contribute to this debate and I am very grateful to the noble Lord for allowing us to debate a matter of such importance. I should declare an interest as the chair of English Heritage, and I should say that while I have been in the post, I have been become increasingly aware that, as an island nation with an extraordinary maritime history, the appropriate protection of our shipwreck heritage must be an issue of serious concern to us all. That concern should apply as much to wrecks, whether military or mercantile, situated outside our territorial waters as to those that lie close to our shores. Indeed, the fact that the remains of many historically important British ships lie in international waters, or in the waters of other countries, is in itself a graphic illustration of the history of our navy and the extent, intensity and influence of our national maritime inheritance. It is of global significance.

The safeguarding of this heritage outside the waters that the UK controls is complex, so I welcome this debate not only for the chance to consider the future of Admiral Sir John Balchen’s flagship, HMS “Victory”, so well described by the noble Lord, but also to address the wider role of the UK in the discovery and investigation of historic British wrecks which are situated in waters that we do not control. I must remind noble Lords that English Heritage has no remit to operate outside England’s territorial waters. In matters international, therefore, we can only advise Ministers.

In the case of HMS “Victory”, we have offered advice both to our parent ministry, the DCMS, and to the MoD, which is responsible for decision-taking on the future of HMS “Victory”. We understand that Ministers are still considering the way forward and we trust that our advice in this case will be given proper weight. I should say in response to a question: English Heritage commissioners have not been consulted. However, I will go on to explain that English Heritage has been very much a part of the process of advising the Government in different ways. English Heritage was not involved in the selection of the Maritime Heritage Foundation as a recipient for the wreck of HMS “Victory”. In February 2012, however, we accepted an invitation to join an MoD advisory group . The DCMS is also represented on that group, but as an observer. In addition, the MoD has set up an expert panel to support the work of the advisory group, but we are not members of that.

Our advice to the advisory group has not only confirmed the unique historical importance of HMS “Victory” but also consistently advocated the fundamental need in all such cases to adhere to national and international heritage management standards and guidance. Indeed, it goes without saying that we would recommend a consistent approach to the management of all heritage assets owned by government, wherever they are situated—on land or at sea.

However, since joining the advisory group, English Heritage has become concerned by a number of matters. Regrettably, we do not consider that the current arrangements set up to manage the site are fully aligned with the rules annexed to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage. It is both government policy to follow these rules and a requirement for the disposal of the wreck to the Maritime Heritage Foundation.

We do not consider that arrangements for the advisory group and expert panel structures are working effectively and advice is not adequately reflected in subsequent discussions. In our view, the Maritime Heritage Foundation has not provided evidence of adequate policies, strategies and project designs to support the project, including proposed intrusive works and the recovery of historic material from the surface of the seabed.

We do not believe that the proposals for the wreck are based on an adequate and authoritative assessment of its historical significance, nor a full understanding of the threats to and vulnerabilities of the site. We are concerned that options to conserve the site undisturbed, in line with best practice, have not been fully assessed or considered, and that the case has not yet been made that any threats to the wreck are so extreme that they warrant the large-scale emergency recovery of historical material.

We are concerned that the lead in the management of this case is apparently being taken by the foundation's contractor, a United States-based international commercial company, rather than by the foundation itself or by the Government. Finally, we are bound to ask whether the funding basis for the new arrangements is sufficiently transparent.

I raise these grave questions in light of the fact that the UK has over 40 years of experience in managing historic shipwrecks, with close involvement by its heritage agencies and well developed academic, consultancy and contracting institutions for maritime archaeology. This is backed up by agreed principles and guidance. Our expertise and practice within territorial waters, without modesty, is the envy of the world. We see no reason why an historically important wreck outside territorial waters but in the ownership of the UK Government should not be treated in accordance with these standards and approaches.

We would like to see the treatment of HMS “Victory” reappraised and we would recommend that the DCMS, as the lead government department in the management of cultural heritage, assume the chairmanship of the advisory group rather than acting solely as an observer; that the expert panel and advisory group be amalgamated to ensure that advice to the Government is the best, most consistent and fully co-ordinated; and that the foundation develop a clear management plan which meets UK standards of best practice, keeps options for the future under review, involves a staged investigation and is realistic about the foundation's future capacity in terms of funding, archiving, object curation and public presentation.

Of equal or greater importance to us is that lessons are now learnt about the future protection of British wrecks outside UK waters. We believe there is a good case for the DCMS becoming the lead UK government department for the future management of historically important wrecks outside the UK territorial sea. In the future, such wreck sites should be the subject of an agreed cross-government policy, based on accepted principles of heritage management, led by DCMS, with appropriate support from its statutory professional advisers drawn from across the devolved Administrations. We urge the Government to think hard about this, to recognise that our maritime heritage is an exceptional national asset, not an overseas commodity, and to act with resolve.