ARCHAEOLOGISTS in York today called for the Ministry of Justice to clarify a new interpretation of the law which could stop them from exhuming human remains from burial sites.
Under the move, ministry officials might not issue exhumation licences for sites that have been put to another use - for example, a housing development - where burial ground legislation does not apply.
And even where the law does apply to those sites, archaeologists may now have to re-bury human remains sooner than they might have preferred, the ministry said.
The move has come after a ministry burial legislation review, which has been on-going since 2004.
A ministry spokeswoman today insisted that it had "rarely" refused exhumation licences.
But Michael Heyworth, director of the Council For British Archaeology, which is based in York, said: "Some of the implications will be that if human remains are found at a development site in York, there would be more delays because of the fact we'll have to consider the legal context.
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"We might lose the opportunity to find out more about the human remains before they may have to be reburied, so will lose information and knowledge.
"What archaeologists want - particularly because they are often working on behalf of developers - is to be able to reduce the risk, because delays cost money.
"We want the ministry to be able to clarify the position as soon as possible."
John Walker, chief executive of York Archaeological Trust, said he believed existing burial law worked "really well".
He said: "The law is confused and we are confused and what we would call for is rapid clarification."
Mr Walker said the remains of many Romans have yet to be unearthed.
He said: "If you think about it, it's almost inevitable that anywhere in the country the probability of uncovering human remains is really quite high - so what we need is a simple system." The ministry spokeswoman said it was continuing to offer advice when inquiries emerged, and was holding meetings with architects' representatives to address any concerns they might have.
She said: "Although there's a change in our understanding of the law, it doesn't signal a change in policy towards the excavation of human remains for archaeological purposes.
"We're working with the Department for Culture, Media and Sport, English Heritage and archaeologists to seek solutions to any difficulties which arise from the current legal framework."
Posted by: redp, Huntington on 4:40pm Tue 4 Mar 08
I have often been disappointed at the lack of respect shown by archaeologists on popular TV programs for the remains of the people that they are uncovering. Is it too much to ask that academics should respect the beliefs and customs of previous generations?
I have often been disappointed at the lack of respect shown by archaeologists on popular TV programs for the remains of the people that they are uncovering. Is it too much to ask that academics should respect the beliefs and customs of previous generations?
Posted by: martinyellow, York on 5:15pm Tue 4 Mar 08
TV archaeologists show great reverence when digging up bones - far more than they did in my digging days back in the '60s. No archaeologist I know would treat human remains in a cavalier way but bones have to be removed if we are to improve our knowledge.
TV archaeologists show great reverence when digging up bones - far more than they did in my digging days back in the '60s. No archaeologist I know would treat human remains in a cavalier way but bones have to be removed if we are to improve our knowledge.
Posted by: Fly-On-The-Wall, Here'n'There on 11:10pm Tue 4 Mar 08
Archaeologists should leave dead people exactly as they are. Burried and at rest.
Exhumation of someone's body is wrong.
It's an invasion of privacy and should be stopped unless there's suspicion of foul play regarding their demise.
Archaeologists should leave dead people exactly as they are. Burried and at rest.
Exhumation of someone's body is wrong.
It's an invasion of privacy and should be stopped unless there's suspicion of foul play regarding their demise.
The vast majority of archaeological work is now undertaken under the planning process. Without archaeologists on site some, although not all developers will dig through graves with no respect for burials to avoid delays and therefore increased costs. Archaeologists provide protection for the remains which is at least better than inhumations or cremations being disturbed by development.
The vast majority of archaeological work is now undertaken under the planning process. Without archaeologists on site some, although not all developers will dig through graves with no respect for burials to avoid delays and therefore increased costs. Archaeologists provide protection for the remains which is at least better than inhumations or cremations being disturbed by development.
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