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St Ninian's Isle Treasure

Volume 643: debated on Tuesday 27 June 1961

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7.

asked the Chancellor of the Exchequer on what grounds he seeks to remove from Aberdeen University the Saint Ninian's Isle treasure which was discovered by representatives of Aberdeen University and is now in the legal custody of that university and concerning which he has had correspondence with that university; and if he will now make clear his abandonment of all claim to that treasure.

I am advised that according to the law of Scotland, the objects found on St. Ninian's Isle belong to the Crown. The answer to the second part of the Question is therefore in the negative.

Is the Financial Secretary aware that the Principal of Aberdeen University has stated that the Chancellor of the Exchequer and the Secretary of State for Scotland, without any legal right and in opposition to the relevant law and to court decisions of long standing and authority, wrongly persist in claiming this treasure from Aberdeen University, which is its depository and trustee, and will he now take steps to abandon these wrong, improper, unjust and dishonest claims?

As I find it rather a venturesome matter to discuss even English law in this House, I certainly shall not indulge in a discussion of Scottish law, not even with the encouragement of the Principal of Aberdeen University.

Will my hon. Friend convey to his right hon. Friend the Secretary of State for Scotland and his right hon. and learned Friend the Chancellor that at no time in any court has it been upheld that the Crown has superiority over the udal law of Shetland, and that it cannot, therefore, claim this treasure? Secondly, does he not feel that it is a matter of public policy that the central museums of this country should not claim every treasure that is found around these islands?

I am sure that my right hon. and learned Friend the Chancellor of the Exchequer will take note of my noble Friend's comment. I am sure, however, that every hon. Member in the House is better informed than I of the udal law prevailing in Shetland, but that they will not expect me to discuss here the legal basis of the Crown's claim to these objects.

On a point of order, Mr. Speaker. In view of the unsatisfactory nature of the Answer to this Question, I hereby give notice that I shall raise the matter on the Adjournment at the earliest opportunity.