MoD accused of asset-stripping as it tries to salvage sunken treasure

A Ministry of Defence plan to salvage gold worth £2.5bn from the wreck of a 17th-century warship has been condemned as "heritage asset-stripping" by Britain's most eminent archaeologists.

The MoD announced last month that it was teaming up with a commercial US-based company, Odyssey Marine Exploration, to use robots to explore the remains of HMS Sussex, which sank in a storm off Gibraltar in 1694. When it went down, the warship is believed to have been carrying 10 tons of gold bullion – a bribe to secure the Duke of Savoy's continued support for England during the Nine Years War with France.

Though it has pledged to protect any artefacts recovered, the MoD's real interest is with the gold, which will be split between Britain and the private firm. Now archaeologists have accused the MoD of breaching international codes on the protection of historic wrecks, and setting a precedent that could leave priceless artefacts at the mercy of commercial treasure-hunters.

George Lambrick, director of the Council for British Archaeology, said: "This is a blatant piece of heritage asset-stripping. It is saying to the world, 'if the price is right, come on down'. We now have to question whether the British government has any real commitment to protecting British and international underwater heritage across the world's oceans, or are just in it for the money."

Peter Hinton, director of the Institute of Field Archaeology, said that the MoD's actions appeared to flout the Council of Europe's Valletta Convention on Protection of Archaeological Heritage, which Britain ratified in 1999. The convention states: "Excavations made solely for the purpose of finding precious metals or objects with a market value should never be allowed."

Lord Renfrew, the Disney Professor of Archaeology at Cambridge University, who has raised the issue in the House of Lords, said: "It's the precedent that worries me. If they find millions of gold coins, so long as they keep examples of all the numismatic types for study, I can see how the case might be made for selling off the remainder.

"But even so, the case is not overwhelmingly persuasive, and I think they are getting into deep water, as it were."

According to a report in next week's BBC History Magazine, English Heritage, the government body set up to protect archaeological sites, is privately irritated that it was not consulted before the MoD deal was announced. David Miles, its chief archaeologist, would only say he has been assured that the deal can be terminated if, after investigating its terms, English Heritage feels the operation will not meet the highest archaeological standards.

If, as expected, the wreck of the HMS Sussex does contain up to 10 tons of gold, it will be split between the MoD and Odyssey according to a complicated formula. The first £3m will be used to finance the expedition, and the remainder will be split 50-50, rising to 40-60 in favour of the British government if its overall value exceeds £500m.

An MoD spokeswoman yesterday disputed that the salvage operation would set a dangerous precedent, insisting artefacts would be saved for museums.

The rescue bid also faces unexpected opposition from a spectre from history. Some in Spain argue that the wreck is in Spanish waters, rather than international seas as the UK claims. In light of the dispute over the sovereignty of Gibraltar, Carmen Calvo Poyato, the Culture Minister for Andalucia, recently insisted that neither the boat nor its cargo should be allowed to leave the region.