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

Julia Lopez Excerpts

Monday 13th March 2023 General Committees

[The Minister of State, Department for Culture, Media and Sport (Julia Lopez)]

I beg to move,

That the Committee has considered the draft Treasure (Designation) (Amendment) Order 2023.

[The Chair]

With this it will be convenient to consider the draft Treasure Act 1996: Code of Practice (3rd Revision).

[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.

--- Later in debate ---

[Julia Lopez]

I thank hon. Members for the opportunity to debate the order and the code. This is a fascinating area of cultural protection legislation. I am sincerely grateful to the hon. Member for Manchester, Withington for agreeing that the changes will improve how we take care of our heritage in England, Wales and Northern Ireland and ensure that the most important finds can be saved for all our benefit.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) recognised that the changes are long overdue. I am glad to deliver them. I welcome his detailed and considered input; he has studied archaeology in his academic career and also for his contributions as a Member of this House. He highlighted the public appetite to uncover more of our own history. Active metal detectorists are now very much in the ascendency. Ahead of this debate, one such metal detectorist, who is a close friend, sent me some pictures to set out how some of the finds that are now posted on Facebook are not currently in scope. We are losing those precious objects for the nation, so I know that the changes are welcomed by a large number in that community.

Extensive research commissioned and published by my Department demonstrates that introducing the high bar for significance may lead to around 100 to 140 new discoveries being made available to museums each year, as other hon. Members have said. In answer to hon. Members, we will keep this under review. All types of objects have the potential to be archaeologically or historically significant. At the moment, the new definition will apply only to artefacts that are at least partly metal. We are taking that approach so that we can measure the impact and effectiveness of the change. That is already a major shift in the emphasis of the Act. Research, funding and long-term preparation of stakeholders are required for further expansion. I assure hon. Members that we want to explore options for broadening the definition to include other types of objects that are culturally significant, such as stone, sculpture and ceramics.

As I have discussed with officials, treasure cases are taking up to six years to determine value, so we are mindful of not wanting to put additional pressure on the system.

As I mentioned, this is not a policy area on which I lead, but I am happy to put concerned Members in touch with the lead Minister, Lord Parkinson. I will also relay personally some of the concerns expressed in Committee about the next steps. I am sure that he will be happy to look at that and at the question of the rolling date, which was raised in the debate.

Finders will be under a duty to report finds when they have reason to believe that finds may be treasure, because of their expertise or because they receive advice—for example, from fellow detectorists, a dealer, a finds liaison officer or a curator—that a find may be sufficiently significant to be considered treasure. We recognise that the change will lead to more objects going through the treasure process. Those that deliver it, as the hon. Member for Manchester, Withington said, will need extra support to do so. We will provide that extra support.

We have increased financial support for the treasure registry at the British Museum and the portable antiquities scheme, which in England and Wales acts as a gateway to the treasure process. We have also invested in a new digital treasure system, which we hope will make it easier to record and track treasure cases, but that is in the early stages of being developed. I hope that people will find it to be an exciting innovation in the area, modernising the whole treasure process to improve transparency and efficiency.

I will also work with our delivery partners, including the treasure registry, to provide training and guidance to support those who are integral to implementing the change, including finders, coroners, finds liaison officers and curators. We hope that that will help everyone to understand their legal and administrative responsibilities.

We have introduced the change only for objects that are partly or wholly metal. As I said, we recognise that that leaves out ceramics and stone, which is something that we will monitor closely as we look at how the changes take effect. We want to work closely with experts to explore options on expanding the definition.

We believe that the change is needed now to ensure that we can look after, for future generations, the objects that tell our shared national and local history. I look forward to seeing the first object to be declared under this new class going on display in our tremendous museums. I also look forward to more people engaging with and learning about their heritage. On the Church of England point, I believe that was taken so that there was not double legislation for particular objects. Again, however, I am happy to put my hon. Friend the Member for East Worthing and Shoreham in touch with Lord Parkinson to discuss the matter further. I look forward to new knowledge coming to light and changing our understanding of our glorious past.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Treasure (Designation) (Amendment) Order 2023.

draft treasure act 1996: code of practice (3rd Revision)

Resolved,

That the Committee has considered the draft Treasure Act 1996: Code of Practice (3rd Revision).—(Julia Lopez.)