First, I strongly support the government amendments, which are admirable. The Government have a very good record in this area. They have supported the working of the Treasure Act and they have admirably put resources into the finds liaison officer scheme, for which the heritage community and archaeologists are very deeply grateful.
So I think the Government have a very good record in this area. They also, in the end, supported—I am not saying that they initiated it—the Dealing in Cultural Objects (Offences) Act 2003, which is an important part of the protection of the archaeological heritage. We are therefore very grateful to the Government for the amendments which have been proposed, including the coroner for treasure. We have nothing but praise for those elements, but that makes it all the more strange—as the noble Lords, Lord Redesdale and Lord Howarth of Newport, have indicated—that Amendment 74 has not yet been supported by the Government. Indeed, we are mildly surprised that it was not proposed by the Government, since there were earlier hints that such might have been the case.
The case for that amendment has been admirably set out by my noble colleagues, so I will not repeat the arguments at length. But it is clearly a great lacuna in the present legislation that the only person responsible for reporting a treasure find is the finder. Naturally, the finder should be responsible: that is the basis of the 1996 Act. It has been demonstrated through experience, however, that that is insufficient. It is clearly the case that, if a dealer is offered an object that he suspects is a treasure find—something found in recent years and obviously a gold or silver antiquity found on British soil—there should clearly be an obligation on him to report the find. That is a serious lacuna in the present Bill.
As the noble Lords who have spoken have indicated, the matter is complicated by the existence of eBay. A lot of the traffic in antiquities, including illicit antiquities, is now conducted by eBay, so it is important to have a legislative framework, which is now lacking. So far, it has been very difficult to understand what the Government’s objections are to this admirable Amendment 74, which was clearly in the mind of the Government at an earlier stage. I hope that the Minister will give us a very clear analysis. I think the noble Lord, Lord Howarth, has made very clear that it is unlikely that we shall be inundated by treasure finds, and if we were inundated by newly reported treasure finds, it would be a very brief inundation before the situation settled down. Moreover, it is the present case that coroners are assisted by the finds liaison officers, who very often, in practice, make the necessary investigations. That could happen if there were a spate of treasure reportings in the light of the acceptance of this amendment.
So, like the noble Lord, Lord Redesdale, I will be listening very carefully to the Minister’s answer on this point. The archaeological community are as one on the matter. The noble Lord, Lord Howarth, has mentioned that there are metal detectorists who support the All-Party Parliamentary Archaeology Group. It is very significant that the Treasure Valuation Committee, which is appointed by the Secretary of State, unanimously supports the amendment, so it is very difficult to understand what the grounds are for opposing it. For that reason, I will listen to the Minister with particular care when he addresses us in just a moment. I hope that this amendment will be brought forward on Report once again if we are not totally convinced—I know the Minister is very eloquent—by his arguments. I warmly support the amendment.
Coroners and Justice Bill
Proceeding contribution from
Lord Renfrew of Kaimsthorn
(Conservative)
in the House of Lords on Tuesday, 23 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
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711 c1530-1 
Session
2008-09
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