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

Debate between John Howell and Julia Lopez

Monday 13th March 2023 General Committees

[Julia Lopez]

I am pleased to be speaking to this order, which was laid before the House in draft on 20 February, and the code, which was laid in draft on 23 February. I suspect that this may be the most interesting statutory instrument that I have ever laid and ever will. The order and revised code are intended to support the aim of the Treasure Act 1996 to preserve important and significant finds for the benefit of our nation. The order designates a new class of treasure based on the significance of a find, and exempts finds that currently also fall under the legal processes of the Church of England. The code has been revised to make it easier to understand and use, and includes guidance on the new class of treasure and exemption.

The Treasure Act replaced the common law of treasure trove in England, Wales and Northern Ireland. The current definition of treasure broadly captures only those objects that are made of silver or gold and more than 300 years old when found, as well as hoards of prehistoric base metal objects. Coroners then decide whether an object meets the definition of treasure, and the finder of an item of potential treasure has to report it within 14 days. If the object is found to be treasure, it belongs to the Crown unless an heir of the original owner demonstrates their claim to it.

[John Howell (Henley) (Con)]

My hon. Friend said that the measures apply to the finding of metal objects. For most of our history and pre-history we have been a stone-bearing culture. Can we not include significant stone objects?

[Julia Lopez]

I thank my hon. Friend. That is something that we have considered as part of this process. We have looked carefully at the question of capacity and scope, and while we believe that this is the most appropriate and proportionate next step in treasure regulations, the Department will continue to consider the issue.

Treasure is made available to museums to acquire for public benefit. If a museum acquires a find, it funds a discretionary reward for the finder and landowner. The amount and division of the reward are decided by the Secretary of State, advised by the Treasure Valuation Committee. That process is expertly delivered by our partners in the British Museum, Amgueddfa Cymru— the National Museum Wales—and National Museums Northern Ireland. In England and Wales, the portable antiquities scheme, which records archaeological objects found by members of the public, plays a key role in facilitating the reporting of finds and their acquisition by museums.

The Act has been very successful. More than 17,500 finds have been reported since 1996, over 95% of which were made by metal detectorists. An estimated 6,000 have been acquired by over 200 museums across England, Wales and Northern Ireland. Those include outstanding finds such as the Corrard torc in Northern Ireland and the Staffordshire hoard in England. When a museum acquires a find, it means that it is available for the public to see and admire, but beyond that it educates people about their own heritage. By giving museums the first chance to acquire archaeological discoveries, the Treasure Act has a fundamentally important role in preserving our past.

However, there have been times when the Act has not been able to help museums to secure important finds. Discoveries that do not meet the current definition of treasure, such as individual base metal objects, may be sold by the finder at auction. Museums are now competing with private buyers or dealers, with a high risk of being outbid. Even if they are successful they will have to pay additional costs such as premiums. For example, the Crosby Garrett helmet, a unique base-metal Roman find that did not meet the definition of treasure, as subsequently sold on the open market. Despite the great efforts of museums to raise funds, they were ultimately outbid.

Another object at risk of being lost to the public is the bronze birrus Britannicus, a Roman figure that provides a singular insight into Romano-British life and one of the highlights of Chelmsford Museum’s collection. The museum was able to acquire it only when it was sold overseas and the export deferral system stopped it. However, we should not need to rely on that system to protect important discoveries, particularly as it comes into play only if an overseas buyer happens to purchase the object. The change we are debating will ensure that that does not happen and that museums will get the first right to acquire the most significant finds.

The order designates a new class of treasure based on significance. For the first time, the most important base metal finds, gold and silver finds that are between 200 and 300 years old and single gold coins, all of which are currently outside the definition of treasure, can now be considered to be treasure. Such finds will be caught by the definition only if they meet the specific criteria in the order that are aimed at identifying objects of outstanding historic, cultural and archaeological importance.

[John Howell]

My hon. Friend has described a set of rules for treasure that are based on financial value. The cultural value of these assets is more important, so why can we not have a definition based on cultural rather than financial value?

[Julia Lopez]

I appreciate my hon. Friend’s intervention. This policy area is led by my departmental colleague Lord Parkinson. I understand that the point my hon. Friend made has been considered, but it was balanced against the implementation challenges and the system’s capacity to deal with such questions. I should be happy to facilitate further discussion on the matter if that would be helpful to my hon. Friend.

The criteria have been carefully designed to ensure that the new class is limited to finds of exceptional national, regional or local significance. We consider that to be a high bar. The order owes its origins to a wide range of sources. We took into account the responses to the 2019 consultation on the Treasure Act, many of which recommended a significance-based definition. The Heyworth Heritage research report, which was commissioned by my Department, provided detailed, pragmatic advice on the implications of the new class. We also worked with sector experts such as the treasure registry at the British Museum and colleagues at Museum Wales and National Museums NI, whose practical experience of treasure was invaluable.

We are introducing another change in the order. The Treasure Act removed the common-law requirement that for a find to be considered treasure, there had to be some evidence that it had been hidden with an intention by the owner to return to recover it. That brought into the process objects associated with human burials, including those on consecrated land, which also fall under the Church of England’s statutory process for managing moveable objects. This overlapping jurisdiction complicates both the Church of England’s legal process and treasure legal processes.

The order therefore seeks to remove the confusion around Church of England finds by exempting them from the treasure process, as the Government undertook to do during the passage of the Act. We have worked with the Church of England to define the scope of the exemption, which we hope will avoid conflicts arising between the treasure process and the ecclesiastical legal system for managing moveable objects.

Alongside the order, we are also debating the associated statutory code of practice, which provides essential guidance and principles for the administration and operation of the treasure process. The current code is out of date, does not reflect current administrative practices and, naturally, does not include information on the proposed changes to be introduced by the order.

Revisions to the code introduce changes to the process to ensure that it is more efficient and transparent for all parties involved. The changes are the result of an extensive public consultation, to which there were more than 1,400 responses, representing the full range of interested parties including museums, metal detectorists, archaeologists and landowners. They provided evidence and feedback on the process that have enabled us to make the changes.

We have introduced specific deadlines for all parties in the treasure process to improve timeliness, and we have included more information on the individual administration processes in England, Wales and Northern Ireland and clearer information on rewards. The language of the code has been updated to make it easier for all users to understand their responsibilities under the Treasure Act.

The changes aim to make the treasure process more efficient, but that is obviously not an end in itself. Beyond that, the intention is that a clear and understandable process will encourage museums to decide to acquire treasure, satisfy finders that decisions on their finds will be made within a reasonable time, and ensure that the public will benefit from increased access to significant finds. I commend the changes to the House and would like to open these matters to debate.

Security of Ministers’ Offices and Communications

Debate between John Howell and Julia Lopez

Monday 28th June 2021 Commons Chamber

[Julia Lopez]

As I say, there have been a number of investigations to look into some of the allegations that have been put to Government over the course of the pandemic, including the National Audit Office’s report. We have conducted our own investigations, because we take seriously some of the allegations that have been put to us. As I say, there are processes in place that people went through. There were a number of other challenges we faced at the height of the pandemic, which I have been candid about in Westminster Hall and in other places, but the public should be assured that their money has been spent with care. As I say, there were challenges we went through, relating to the sheer number of items of correspondence and emails that were coming in. It is not for Ministers to conduct and make decisions on contract awards over private email, and we are happy to look into any concerns in that regard.

[John Howell (Henley) (Con)]

If I understood the Lord Chancellor correctly this morning, he said that when he wants to read a sensitive document, he goes to a separate room in his Department to do so. Could we have a look at what procedures are in place across Government to make sure that Ministers can read sensitive documents safely?

[Julia Lopez]

As my hon. Friend will be aware, there are different levels of document classification, so procedures are already in place to ensure that Ministers can read such documents in privacy and with great security, but if there are concerns about whether those safeguards are robust enough, we will look into them.