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Abstract
The process of devolution in the U.K. since 1999 has created differences in policy and practice between the different parts of the U.K. This paper considers the historic environment sector in Wales. In practice the Welsh system has always been slightly different from other parts of the U.K, not least because of the role of the four independent Welsh Archaeological Trusts in performing duties that elsewhere are undertaken by public-sector bodies. The passing of the Historic Environment (Wales) Act in 2016 has made that divergence apparent in policy terms as well. The new legislation has also brought into being policy changes and new guidance across the planning system. This is broadly welcomed as a positive step for Wales. However, it has occurred at a difficult time for cultural heritage in the U.K. in general, and in Wales in particular, with economic and political issues close to the surface of policy and practice in the sector. This paper explores the interface between politics and heritage, both over the long term and in the context of implementing the new legislation, and discusses some of the implications for the future of the historic environment sector in Wales.
Acknowledgements
The author is grateful to Chris Musson and Sian Rees for information about the early history of the Welsh Archaeological Trusts and the Ancient Monuments Inspectorate; to Gwilym Hughes for information about Cadw and to Christopher Catling for information about the RCAHMW. Chris Martin of the Clwyd-Powys Archaeological Trust also provided helpful comments. Opinions expressed in this paper are entirely those of the author and not of any institution; similarly any factual errors are the responsibility of the author.
Notes
1. The United Kingdom consists of Great Britain (England, Scotland and Wales) and Northern Ireland.
2. Cadw website, accessed June 2, 2017, http://cadw.gov.wales/historicenvironment/?lang=en.
3. This paper is written by a native U.K English speaker, so shorthand conventions are used to refer to administrative centres in geographical terms: for example the U.K Government may be referred to as ‘Whitehall’ (administration) or ‘Westminster’ (parliament), the Welsh Government as ‘Cardiff’ or ‘the Senedd’, Scottish Government as ‘Edinburgh’ or ‘Holyrood’.
4. Labour Party, New Labour, New Life For Britain.
5. Hansard HC Deb 21 January 1998, vol 121, cols 1102–1109.
6. Davies, History of Wales, 228–31.
7. Ibid., 327.
8. Welsh Intermediate Education Act 1889, 52 & 53 Vict. Ch. 40; Education (Administrative Provisions) Act 1907, 7 Edw. 7. Ch. 43.
9. National Insurance Act 1911, 1 & 2 Geo. 5. Ch. 55; Ministry of Health Act 1919, 9 & 10 Geo. 5. Ch. 21.
10. The National Archives, Welsh Office and the Wales Office.
11. Evans, Devolution in Wales, 129–41.
12. Thomas, Hands off Wales, 128–35.
13. Davies, History of Wales, 627.
14. Evans, Devolution in Wales, 138–59.
15. Tanner, “Facing the New Challenge,” 273–80.
16. Morgan, “Welsh Nationalism,” 153.
17. cited in Osmond, Welsh Europeans, 79.
18. House of Commons, Wales Bill Explanatory Notes, 6–7.
19. BBC News, Welsh Assembly Set to be Renamed Parliament.
20. Ancient Monuments Protection Act 1882, 45 & 46 Vict. Ch. 73. The Berwick and Wales Act 1746 meant that ‘England and Wales’ were treated as one in this legislation; also at this time all of Ireland was under British rule, only three of the monuments in the 1882 Schedule were in what subsequently became Northern Ireland.
21. Ancient Monuments Protection (Ireland) Act 1892, 55 & 56 Vict. Ch. 46.
22. Ancient Monuments Protection Act 1900, 63 & 64 Vict. Ch. 34.
23. Ancient Monuments Protection Act 1882, 45 & 46 Vict. Ch. 73.
24. Thurley, Men from the Ministry, 131–5.
25. Transfer of Functions (Wales) Order (SI 1969/388); Transfer of Functions (Scotland) Order (SI 1969/383).
26. Clark, Cadw Workstream, 10.
27. Cadw website, accessed October 19, 2017, http://cadw.gov.wales/about/introducingcadw/?lang=en.
28. Clark, Cadw Workstream, 10.
29. Ancient Monuments Protection Act 1882, 45 & 46 Vict. Ch. 73.
30. Thompson, General Pitt-Rivers, 64–5, 125.
31. The National Archives, Ancient Monuments Branches and Inspectorates.
32. Gilchrist, Courtenay Arthur Ralegh Radford, 343.
33. Moore, O’Neil, Bryan Hugh St John.
34. Van der Vat, Oswin Craster.
35. Sian Rees, pers. comm. (23 June 2017).
36. Williams, Dai Morgan Evans.
37. Sian Rees, pers. comm. (23 June 2017).
38. The Royal Commission on the Ancient Monuments of England (RCHME) was formally absorbed into English Heritage (now Historic England) in 2002, although the process had begun in 1999; the Royal Commission on the Ancient and Historical Monuments of Scotland (RCAHMW) was merged with Historic Scotland (formerly a quango roughly equivalent to Cadw) in 2014 to form a state heritage agency within Scottish Government called Historic Environment Scotland.
39. Wakelin, Richard Avent; and Welsh Archaeological Trusts, Archaeology in Trust, 4–5.
40. Welsh Government, Taking Wales Forward, 2.
41. Cadw website, accessed October 19, 2017, http://cadw.gov.wales/about/introducingcadw/?lang=en.
42. The Well-being of Future Generations (Wales) Act 2015 sets out seven goals (§4), which affect a number of areas. One of these directly concerns culture – ‘A Wales of vibrant culture and thriving Welsh language’, and requires public bodies ‘as well as certain other persons who exercise functions of a public nature’ to work towards ‘a society that promotes and protects culture, heritage and the Welsh language, and which encourages people to participate in the arts, and sports and recreation’. The Programme for Government 2016–2021 is set out in two documents that are closely tied to the 2015 Act: Taking Wales Forward, and Prosperity for All. These mention ‘culture’ but not specifically heritage, archaeology or cultural heritage.
43. Griffiths, Regulatory Management, 55–9.
44. Royal Warrant, on the RCAHMW website, accessed July 8, 2017, https://rcahmw.gov.uk/about-us/corporate-information/royal-warrant/.
45. RCAHMW, Annual Report 2016–17, 5–7.
46. RCAHMW, Digital Past, on the RCAHMW website, accessed March 20, 2018, https://rcahmw.gov.uk/digital-past-conference/.
47. The commercial (‘practitioner’) sections of the Trusts are separated by a ‘Chinese Wall’ from the curatorial (‘advisory’) functions; one that is very strictly maintained and supported by a Code of Conduct. There are similar arrangements elsewhere in the U.K (for example in Surrey, Warwickshire, Worcestershire, and the East Riding of Yorkshire).
48. Both CPAT and DAT have retained the original title of ‘Director’ for this post. The equivalent posts at GGAT and GAT are now called ‘Chief Executive’ and ‘Chief Archaeologist’ respectively.
49. Chitty, Andrews, and Carter, Welsh Historic Environment Assessment, 25.
50. For example, the Portable Antiquities Scheme in Wales is administered by Amgueddfa Cymru – National Museum Wales, but this organisation does not directly contribute to setting priorities for historic environment policy and practice.
51. HEG membership comprises: Cadw, Visit Wales, Welsh Government Museum Archives and Libraries, Architectural Heritage Fund, Civic Trust Cymru, Council for British Archaeology, Canal & River Trust, Heritage Lottery Fund, Historic Houses Association and Country Land and Business Association, History Research Wales, Institute of Historic Building Conservation, National Park Authorities (and AONBs), National Library Wales, Amgueddfa Cymru – National Museum Wales, National Trust in Wales, Natural Resources Wales, the RCAHMW, Wales Council for Voluntary Action, Welsh Archaeological Trusts, Welsh Local Government Association; the Arts Council of Wales has observer status. There are some notable omissions – for example the Chartered Institute for Archaeologists (CIfA) and the University sector. See Welsh Government, Heritage Counts, 14.
52. Labour Party, Standing up for Wales, 104.
53. ‘Competence’ here means those areas in which Welsh Government can create legislation (as listed in the first section of this paper). This is further discussed below in the context of World Heritage Sites.
54. The Senedd is the building which houses the Welsh Assembly. In 2011–16 the numbers of Welsh Assembly Members (AMs) in the chamber were: Labour 30, Conservative 14, Plaid Cymru 11, Liberal Democrat 5. See note 108 below for the current composition of the Assembly.
55. Chitty, Andrews, and Carter, Welsh Historic Environment Assessment; Hyder Consulting, Options Appraisal; PwC, Investing in the Future; and Historic Wales, Roadmap.
56. Chitty, Andrews, and Carter, Welsh Historic Environment Assessment, 9.
57. Ibid., 76–9.
58. National Assembly for Wales website, accessed December 2, 2017, http://senedd.assembly.wales/mgConsultationDisplay.aspx?id=26&RPID=0&cp=yes.
59. RCAHMW, Evidence, 9–10.
60. National Assembly for Wales, Inquiry, 5; and Griffiths, Written Response, 3.
61. Welsh Government, Historic Environment Strategy (1), 6, 11; and Welsh Government, Headline Action Plan, 2–4.
62. Welsh Government, Historic Environment Strategy (2), 6–7.
63. Hyder Consulting, Options Appraisal, 42–71.
64. Welsh Government, Future of Our Past, 51–5.
65. Heritage Alliance website, accessed November 15, 2017, http://www.theheritagealliance.org.uk/update/plan-to-merge-royal-commission-on-the-ancient-and-historical-monument-of-wales-and-cadw-shelved/.
66. Welsh Government, Future of Our Past, 3.
67. The 2013 consultation identified that the scope of the ‘Heritage Bill’ was wider than its name suggested, resulting in the change of title. Welsh Government, Future of our past, 65.
68. National Assembly for Wales website, accessed December 2, 2017, http://senedd.assembly.wales/mgConsultationDisplay.aspx?id=176&RPID=0&cp=yes.
69. For example the Clwyd-Powys Archaeological Trust noted that
The Bill improves the situation with regard to the ‘defence of ignorance’ in the case of damage to scheduled monuments, but in our view there is still room for improvement in this area. In practical terms we are also concerned that there remains insufficient support in the Bill for Welsh Ministers to successfully prosecute cases where damage has occurred without consent, or where the conditions of scheduled monument consent have been breached.
70. Gwilym Hughes, pers. comm. (8 February 2016).
71. CIfA, Response to Consultation, 5.
72. Gwilym Hughes, pers. comm. (8 February 2016).
73. Ancient Monuments and Archaeological Areas Act 1979, Eliz. Ch. 46, §61(7).
74. Historic Environment (Wales) Act 2016, §22.
75. Historic Environment (Wales) Act 2016, §16.
76. CPAT, Dating Offa’s Dyke.
77. Historic Environment (Wales) Act 2016, §§12–17, 19–22, 24–7, 29–31.
78. Historic Environment (Wales) Act 2016, §§5, 6, 27.
79. Historic Environment (Wales) Act 2016, §§18, 34–7.
80. Historic Environment (Wales) Act 2016, §§11, 28.
81. Two cases occurred in Powys in 2017 in which a building was subject to an archaeological assessment but was demolished by the owner before the archaeologist could notify Cadw and the local authority of the need for formal consideration of listing.
82. Historic Environment (Wales) Act 2016, §38.
83. Chitty, Andrews, and Carter, Welsh Historic Environment Assessment, 67.
84. Welsh Archaeological Trusts, Headlines, October 2017.
85. Aitchison and Rocks-Macqueen, Profiling the Profession 2012–13, 92.
86. Aitchison and Edwards, Profiling the Profession 2007–08, 73.
87. Belford and Wait, Adding Value, 7–9.
88. Chartered Institute for Archaeologists website. Accessed December 12, 2017, http://www.archaeologists.net/codes/cifa.
89. Welsh Government, Planning Policy Wales, 96.
90. Welsh Government, TAN24, 17–18.
91. These were: the Countryside Council for Wales (a Welsh Government Sponsored Body), the Forestry Commission Wales (a non-ministerial government department), and Environment Agency Wales (a Welsh Government Sponsored Body which was also part of the Environment Agency for England and Wales).
92. For the WATs, these figures (and all other references to the financial activities of the four WATs in this paper) are taken from the respective Annual Reports which are publically available on the Charities Commission website. For RCAHMW see their Annual Report 2016–17; Cadw’s current figures are set out in Welsh Government Draft Budget 2018–19, the most recent detailed figures are from 2013 to 2014: Cadw, Report to the Minister.
93. The most recent year for which detailed figures are available for this stream is 2013–14, at which point ‘earned income’ represented £4.9 m of a total budget of £23.2 m. Cadw, Report to the Minister, 5.
94. Welsh Government, Draft Budget 2018–19, accessed November 30, 2017, http://gov.wales/funding/budget/draft-budget-2018-19/?lang=en.
95. Welsh Government, Draft Budget 2018–19, accessed November 30, 2017, http://gov.wales/funding/budget/draft-budget-2018-19/?lang=en.
96. Cadw, Report to the Minister, 5.
97. The 2013–14 budget of £18.38 m would be worth £19.92 m in 2017–18, so the actual settlement in 2017–18 of £14.09 m is 70.73% of the 2013–14 allocation when inflation is taken into account.
98. English Heritage Annual Report and Accounts 2013–14, 15.
99. Historic Scotland, Annual Report 2014–15, 5.
100. Heritage services in Northern Ireland are funded and delivered very differently from the other parts of the U.K, and so this comparative analysis is limited to Great Britain.
101. National Records of Scotland, Mid-2013 Small Area Population Estimates, 7; and ONS, Annual Mid year Population Estimates: 2013.
102. RCAHMW, Annual Report 2016–17, 6.
103. RCAHMS, Commissioners’ Report, 26–7.
104. Using the population figures at mid-2013 cited in Note 99 above.
105. Christopher Catling, pers. comm. (27 November 2017).
106. These figures, and all other references to the financial activities of the four WATs in this paper, are taken from the respective Annual Reports which are publically available on the Charities Commission website.
107. Labour Party, Standing up for Wales, 104.
108. See Note 54 above for the 2011–2016 Assembly. Assembly Members returned at the 2016 election comprised: Labour 29, Plaid Cymru 12, Conservative 11, UKIP 7 and Liberal Democrat 1. Subsequently two members resigned from their parties and became Independent (Dafydd Elis-Thomas, formerly Plaid Cymru and Nathan Gill, formerly UKIP). A third member (Labour’s Carl Sargeant) died in November 2017, but his son Jack Sargeant was selected as the Labour candidate and was elected to the seat in February 2018. Therefore at the time of writing (March 2018) the composition of the Assembly is: Labour 29, Plaid Cymru 10, Conservative 12, UKIP 5, Liberal Democrat 1 and Independents 3.
109. By accepting the ‘Brexit’ result of the referendum, the Conservative Party effectively absorbed the hard-right perspective of UKIP into its mainstream thinking, whereas hitherto Eurosceptic Tory MPs were a vocal minority on the fringes. After the 2017 General Election the Conservatives held only 316 of the 650 seats at Westminster, and formed a minority government in a ‘confidence and supply’ arrangement with the Democratic Unionist Party (DUP). The DUP are also a hard-right party.
110. Welsh Government, Heritage Counts, 2–5.
111. Clark, Cadw Workstream, 13–14.
112. PwC, Investing in the Future, 85–93.
113. Historic Wales, Roadmap, 2–3; Skates, Letter, 2; and Clark, Cadw Workstream, 16–18.
114. Welsh Government, Cadw to remain in Government, accessed March 20, 2018, http://gov.wales/newsroom/culture-tourism-sport/2017/171121-cadw-to-remain-in-government/?lang=en.
115. National Assembly for Wales, Wales and the EU, 40.
116. Welsh Government, EU funds in Wales, accessed December 12, 2017, http://gov.wales/funding/eu-funds/2014-2020/?skip=1&lang=en.
117. Technopolis, Role of EU funding, 10–11; 32–3.
118. National Assembly for Wales, Wales and the EU, 33.