The Right Honourable Kenneth Clarke QC MP

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.

Yours sincerely

Diana Friendship-Taylor (Mrs.)

Chair,
RESCUE – The British Archaeological Trust

cc. Jonathan Djanogly MP