Draft Treasure (Designation) (Amendment) Order 2023 Draft Treasure Act 1996: Code of Practice (3rd Revision)

Jeff Smith Excerpts

Monday 13th March 2023 General Committees

[Jeff Smith (Manchester, Withington) (Lab)]

It is a pleasure to see you in the Chair, Ms Bardell, and to speak on behalf of the Opposition. I thank the Minister and officials from the Department for Digital, Culture, Media and Sport for the conversations that we had ahead of today’s Committee.

As the Minister set out, the draft Treasure (Designation) (Amendment) Order 2023 amends the Treasure (Designation) Order 2002 so as to extend the eligibility criteria for classing a found object as treasure. Base metal objects that are at least 200 years old and provide exceptional national or regional historical, archaeological or cultural insights will now be included among the objects covered by the definition.

The draft third revision of the Treasure Act 1996 code of practice updates the administrative framework for the treasure process, clarifies the role of the portable antiquities scheme, provides clear deadlines to improve the process, and reflects the different systems in England, Wales and Northern Ireland. We understand the rationale for the changes, which should ensure that more significant finds from our shared past end up in public museums, to inspire, educate and delight future generations, rather than in private collections. The changes have been broadly welcomed by archaeologists, museum curators, finder communities and landowners, and we will not oppose them.

Interest in metal detecting has grown substantially since the last revision to the treasure code of practice in 2008. There are now thought to be around 20,000 detectorists in England and Wales. The detecting community makes an important contribution to our national museum collection, with over 96% of all archaeological finds reported by the public coming from detectorists. Thanks in large part to detectorists, cases of treasure have increased by over 50%, from 778 in 1996 to 1,071 in 2022. With more finds come more opportunities to display artefacts in our public museums for everyone to appreciate and enjoy.

Under the previous definition, significant finds such as the Crosby Garrett helmet, the Ryedale hoard and the Staffordshire Moorlands pan would not have been protected in law. Museums were able to acquire some of these significant items off their own bat, but the Crosby Garrett helmet is one of many valuable finds that ended up in private hands; it is still held privately and rarely exhibited. We support measures to ensure that more of our shared past can be displayed for public benefit.

We acknowledge that the bar will be set very high when judgment is made about an object’s “significance”; it is envisaged that no more than 100 finds a year might meet the new criteria. Does the Minister plan to keep the threshold under review, in case fewer important objects meet it than was intended? The Government’s changes extend only to metal objects. As we heard from the hon. Member for Henley, a number of archaeologists would like significant items made from other materials, such as worked stone and organics, to be protected under the Treasure Act. The Government have taken the decision to proceed cautiously, and are effectively trialling the changes with metallic items, so as to properly understand the implications. That is understandable, but when might the Government see fit to consider further amendments that include non-metal historical objects? Does the Minister have plans to ensure that local museums can benefit from significant finds discovered close by? What is the Government’s view on the concerns expressed that the change may lead to the under-reporting of treasure finds?

The Government have acknowledged that widening the definition of treasure and changes to the code of practice will result in more objects needing to be assessed to determine their

“outstanding historical, archaeological or cultural”

significance. That will put a greater resource burden on our national museums—the British Museum, Amgueddfa Cymru, and National Museums NI—which will administer the process. Ministers have committed to increased funding to allow for that, which is welcome. Will that be kept under review until the impact of the changes on our museums is understood more fully?

Overall, Labour feels that the changes to the code of practice are sensible. We hope that they will lead to many more treasures being displayed in museums for the benefit of local communities across the country.