Question to the Ministry of Defence:

To ask the Secretary of State for Defence, what sanctions are available to his Department if the Maritime Heritage Foundation or the Odyssey Marine Exploration attempt to sell any material of any kind from the wreck site of HMS Victory 1744 in contravention of the Deed of Gift, the UNESCO Annex and Government's Key Management Principles.

Clause 2 of the Deed of Gift prevents the Maritime Heritage Foundation (MHF) from selling, giving or otherwise disposing of anything transferred under the Deed without the express consent of the Secretary of State for Defence. No sale would be valid in the absence of such agreement and the Ministry of Defence (MOD) would be able to take direct enforcement action either through injunction or action for "delivery up" against a third party in possession of any artefacts requiring their return to the MHF.

In addition, as the artefacts were transferred to the MHF on trust for the education and benefit of the nation, the MOD, as the donor, could seek cause of action for breach of trust if the Deed of Gift was found to be broken.