§ Lord Renfrew of Kaimsthornasked Her Majesty's Government:
Whether the items of Bronze Age treasure referred to in the Department for Culture, Media and Sport News Release 7/02 of 22 January will now be referred to a coroner's inquest in pursuance of the legislation pertaining to treasure trove in force at the time of their alleged first sale and as subsequently amended; whether the presence now of these items on the market could properly be construed as lawful if their original discovery has been concealed contrary to law; and whether the Minister upon the
212WAexpiry of the announced temporary bar on the export of these items will refuse an export licence in pursuance of Article 2 of the EC Regulation (3911/92) on the Export of Cultural Goods; and [HL2821]
Whether they would recommend the application of public funds to secure for the nation national treasures where the finder of the antiquities in question has apparently failed to report their discovery to a coroner; and whether turning a blind eye to such an apparent breach of the law risks setting a precedent for the future restriction of the illicit traffic in antiquities. [HL2822]
§ The Minister of State, Department for Culture, Media and Sport (Baroness Blackstone)The first public appearance of these items predates the Treasure Act 1996. They, therefore, would have come under the earlier common law of treasure trove, which required proof that items had been deliberately buried with the intention of recovery. The Department for Culture, Media and Sport has investigated the provenance of these items and, as there is no evidence of the original date or place of finding, is advised that it would not be possible to demonstrate that the items might be treasure trove; nor is there any evidence that the original discovery of the items was concealed.
The temporary bar on export provides an opportunity for interest to be expressed in acquiring items of national importance so that they may be retained within the UK. As with every case, if, by the end of the initial deferral period (22 February 2002) an expression of interest has been received, the Minister can take this into account when deciding whether or not to extend the deferral period for a further month.
Acquisitions are the responsibility of the governing bodies of national institutions and are considered in line with the policies of that institution. It is possible that an institution may on occasion decide to act as a repository of last resort for an item which lacks a full documented provenance.