Valetta Convention (Hansard, 15 October 2001)

§ Mr. Gordon Marsden
To ask the Secretary of State for Culture, Media and Sport (1) what estimate has been made of the amount of funding required for projects unable to be conducted by volunteer archaeologists under the Valetta convention; [4243]

(2) what consultations took place with local archaeological societies before the Government signed the Valetta convention; [4250]

(3)what provisions have been made for monitoring the impact of implementing the Valetta convention on the activities of local voluntary archaeological groups and societies; [4249]

(4) what groups will be consulted on the setting up of a register to implement article 3 of the Valetta convention; [4252]

(5) what consultations are planned, and with what groups, over the next 12 months on the implementation of the Valetta convention; [4248]

(6) what estimates have been made of the likely costs to public funds of implementing the Valetta convention; [4246]

(7) what timetable has been agreed for the implementation of article 3 of the Valetta convention. [4253]

§ Chris Grayling
To ask the Secretary of State for Culture, Media and Sport if she will make a statement on the Government's policy on and plans for the implementation of the Valetta Convention. [4462]

§ Dr. Howells
It is for each Government to apply the European Convention on the Protection of the Archaeological Heritage (known as the Valetta Convention 1992) in ways that fit in with national practice and legislation. In broad terms, current measures in place in the UK already meet the convention's requirements. The Government do not believe that additional legislation, requiring a licensing system, is necessary to fulfil article 3. 805W Much archaeological work is already controlled through existing mechanisms. In England, English Heritage will be taking forward consultations with appropriate bodies representing all parts of the archaeological community on any necessary improvements to the operation of existing systems of control and on the development of a voluntary Code of Conduct for those who wish to undertake archaeological work outside those existing systems. They will begin work on this during the autumn.

§ Mr. Drew
To ask the Secretary of State for Culture, Media and Sport (1) what measures she plans to put in place to enable amateur archaeologists to continue with their work without contravening Article 3 of the Valetta Convention; [4313]
(2) what consultations are planned to develop appropriate procedures for the authorisation and supervision of future archaeological work in accordance with Article 3 of the Valetta Convention. [4312]

§ Dr. Howells
[holding answer 16 July 2001]It is for each Government to apply the European Convention on the Protection of the Archaeological Heritage (known as the Valetta Convention 1992) in ways that fit in with national practice and legislation. In broad terms, current measures in place in the UK already meet the Convention's requirements. The Government do not believe that additional legislation, requiring a licensing system, is necessary to fulfil Article 3. Much archaeological work is already controlled through existing mechanisms. In England, English Heritage will be taking forward consultations with appropriate bodies representing all parts of the archaeological community on any necessary improvements to the operation of existing systems of control and on the development of a voluntary Code of Conduct for those who wish to undertake archaeological work outside those existing systems. They will begin work on this during the autumn.

§ Mr. Gordon Marsden
To ask the Secretary of State for Culture, Media and Sport what assessment has been made of the implications of the Valetta Convention on archaeology for the licensed activities of metal detector groups. [4251]

§ Dr. Howells
The European Convention on the Protection of the Archaeological Heritage (revised) (known as the Valetta Convention 1992) came into effect in the UK on 31 March 2001. The Explanatory Report on the Convention makes it clear that'a State however, may only require mandatory reporting of finds of precious metal or on already listed sites'. This falls within the provisions of the Ancient Monuments and Archaeological Areas Act 1979 and the Treasure Act 1996. Further, article 3 might seem at first glance to require states to institute a system of licensing metal detectors but, as the Explanatory Report points out, 'prior authorisation of the use of metal detectors or "any other detection equipment" applies only to "archaeological investigation" and therefore not to the normal use of metal detectors'. Therefore in the Government's view the current measures in place in England and Wales already meet the requirements of the Valetta Convention as regards portable antiquities. The impact on the activities of legitimate metal detector groups should be minimal.
806W

§ Mr. Gordon Marsden
To ask the Secretary of State for Culture, Media and Sport what assessment has been made of whether the provisions of the Valetta Convention would be in contravention of the Human Rights Act 1998. [4247]

§ Dr. Howells
The European Convention on the Protection of the Archaeological Heritage (known as the Valetta Convention 1992) is one of a family of Council of Europe Conventions dealing with the protection of the historic environment. The Human Rights Act 1998 gives further effect in the UK to the rights guaranteed under the European Convention on Human Rights (ECHR). The Act itself does not have any force outside the UK, but clearly the ECHR does. Both the Valetta Convention and the ECHR are treaties of the Council of Europe with many of the same signatory states. We have no reason to believe that the two conventions are incompatible.