Treasure Trove (Hansard, 26 April 1988)

§ Mr. Lawson

I have carefully considered the report of this review (a copy of which I am today placing in the Library), in consultation with ministerial colleagues in the Home Office, the Department of the Environment and the Office of Arts and Libraries.

Her Majesty's Government accept all the report's recommendations. I am sure it is right that the objective of making ex gratia awards to finders of treasure trove should be to encourage the prompt and proper reporting and handing-in of finds. Finders who act properly and lawfully will continue to receive ex gratia awards equal to the full value of their finds, as assessed by the independent treasure trove reviewing committee, or, if no public museum wishes to acquire them, will have their finds returned to them. Awards will, however, continue to be made only to finders of treasure trove, and not to landlords or employers who are not themselves finders.

Where, as happens in a small minority of cases, there is evidence of illegal activity in relation to a find, I agree with the report's conclusion that the criminal law should be seen as the principal sanction. But, in making decisions about ex gratia awards in those cases, Ministers will wish to take account of criminal convictions of finders arising from the circumstances of a find. Ministers will also wish to consider whether an ex gratia award should either be refused or abated where:

there is evidence of illegal activity in relation to a find but, for whatever reason, no prosecution has been mounted;

there was unreasonable delay between making and reporting a find;

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all the relevant circumstances surrounding a find were not reported;

there is evidence that only part of a find has been handed in;

there are reasonable grounds for believing that a find was made elsewhere than on the alleged site; or

there are other factors which it is appropriate to take into account in individual cases.

Decisions about the level of awards in such cases will be taken in the light of the particular circumstances of each case. The intention, however, will be to reflect a balance between the objective of those awards to encourage the prompt and proper reporting of finds, and the need for those awards not themselves to provide an incentive for illegal or improper behaviour.

The report makes a number of recommendations for speeding up the handling of treasure trove. These are designed to achieve a target time of no more than nine months, and ideally less, between the reporting of most finds and the payment of ex gratia awards. I believe that target strikes a reasonable balance between finders' legitimate expectations that they should receive their awards promptly and the work involved, not least by national and local museums and by coroners, between reporting a find and payment of an award. We are taking steps to inform those involved in each stage of the process, and I hope that they will do everything in their power to meet the suggested targets. I shall wish to review performance in about 18 months. I accept the report's administrative recommendations and these will be implemented. I understand that, as also recommended by the report, the Home Office intends to review and update its advice to coroners about treasure trove inquests.