Lord Chancellor and Secretary of State for Justice
102 Petty France London SW1H 9AJ
14th January 2011
Dear Lord Chancellor,
Human Remains and Archaeology
I am writing to you in my capacity as chair of RESCUE – The British
Archaeological Trust. RESCUE is a non-political organisation which exists to support archaeology and archaeologists in Britain and abroad. We receive no support from government and are entirely dependent on the contributions of our members to fund our work. Details of our activities can be found on our website: www.rescue-archaeology.org.uk. I am contacting you in this instance to express our concern over the current arrangements for the analysis and retention of human remains from archaeological excavations in museums, universities and archaeological units and trusts. This concern stems from changes to the conditions of the licences issued under the Burial Act of 1857 and the Disused Burial Grounds (Amendment) Act of 1981. Since 2008 new conditions have been introduced to the licences which seek to enforce the reburial of human remains a mere two years after excavation. While extensions to this time limit are possible, the ultimate requirement for reburial is causing severe damage to research and the advancement of knowledge. If steps are not taken to rectify this situation and to allow the indefinite retention of human remains in museums, universities and other appropriate institutions, we shall see a significant reduction in the scope and scale of archaeological and historical research, fields in which Britain is an acknowledged world leader. The excavation of mass graves from the First World War (including the recently excavated site at Fromelles) attests to the valuable work undertaken with respect to our recent war dead by archaeologists accustomed to working with human remains. The work of forensic archaeologists in the Balkans and other conflict zones has been of great value in bringing evidence of human rights violations before international courts. Forensic archaeologists are regularly consulted by police forces throughout the UK when issues relating to suspicious deaths have to be investigated. The success of such work depends almost entirely upon the application of archaeological techniques of excavation and analysis to specific cases. These techniques have been, and continue to be, developed through the work of archaeologists and archaeological scientists investigating the remains of the ancient dead. While archaeologists have always recognised that human remains of recent date (where there are living blood relations) should be reinterred with due respect after excavation, the vast majority of human remains dealt with by archaeologists are from the distant past and have no links beyond the most general with any living individuals. The archaeological excavation of human remains from prehistoric and early historic sites is of vital importance in a number of fields of scientific, historical, cultural and educational endeavour. The importance of studies of human remains in contributing to our understanding of human history and society has grown in recent years with the development of innovative scientific techniques including the analysis of ancient DNA and the development of methods to determine the geographical origin of individuals through the analysis of bone chemistry. Such work, scarcely imaginable a decade or more ago, highlights why it is necessary for archaeologists to be able to retain human remains under appropriate, environmentally controlled conditions where they will remain available to researchers working at the forefront of science and technology. The recently adopted requirement for rapid reburial will make such work impossible in the future by effectively rendering human remains inaccessible, cutting off the opportunity to investigate them further as and when new techniques are developed or when the opportunity arises to apply new techniques to previously excavated material. The possibility of the unnecessary destruction of a uniquely valuable scientific and educational resource is shocking to all with an interest in and concern for the integrity of historical and archaeological enquiry, particularly as there seems to have been no general or widespread consultation on the matter and no opportunity for the issues involved to be properly debated. While we understand that a small number of individuals have raised objections - on what we would consider to be deeply questionable grounds - to the excavation and study of human remains, there is strong evidence to suggest that the majority of the public views the archaeological investigation of human remains as of considerable importance and interest. Polling carried out on behalf of English Heritage in 2010 indicated that over 90% of the population are happy to see human remains properly curated, studied and, in certain cases, displayed in museums. Anyone who has taken part in a community archaeology project or has participated in activities with school children focussed on questions around death and burial will attest to the considerable educational and cultural value of an encounter with the remains of the ancient dead. We would suggest that in this respect the conditions being attached to the excavation licences issued by the Ministry of Justice are at variance not only with scientific and historical opinion but also with widespread popular opinion and as such should be reviewed and revised at the earliest opportunity. On two separate occasions since 2008 archaeologists have been informed by officials from the Ministry of Justice that measures would be put in place to ensure that the existing legislation would be amended to recognise the requirements of archaeology in respect of the need to be able to excavate, curate, and study human remains. To date there seems to be no evidence that such amendments are about to be brought forward. We are anxious to know what plans exist to bring the conditions of excavation licences issued by the Ministry of Justice into conformity with scientific, historical and public opinion on this matter and to end a situation in which human remains are subject to a vague and unsatisfactory regime under which it appears likely that there will be a requirement for them to be, in effect, destroyed for no good reason by a process of irretrievable reburial.