The descendant of Henry Dundas who has admitted to being the person behind the removal of a plaque linking Lord Dundas to slowing down the abolition of slavery has said he will not return it to the council after being threatened with legal action ā€“ but he agreed to repair damage to the Melville Monument.

Bobby Dundas, the seven times great-grandson of the controversial 18th century politician, said the Melville Monument Committee (MMC) ā€“ a group he leads which claimed responsibility for the brass plateā€™s disappearance last month ā€“ was ā€œin discussions with the cityā€.

He addedĀ that the local authority have ā€œno ownership rightsā€ over the plaque and that it belonged to the owners of St Andrew Square square ā€œwho we are in communication with on that matterā€.

But council leader Cammy Day hit back saying it ā€œbelongs to the council and has been removed without our permissionā€. He added an official report had now been filed with the police ā€œfollowing the refusal of our request to return the plaqueā€. 

Attached to the base of a 150ft column which a statue of Dundas sits on, it states the Viscount was ā€œa contentious figure, provoking controversies that resonate to this dayā€.

It adds: ā€œWhile Home Secretary in 1792 and first Secretary of State for War in 1796 he was instrumental in deferring the abolition of the Atlantic slave tradeā€¦as a result of this delay, more than half a million enslaved Africans crossed the Atlantic.ā€

The plaque which has gone missing from St Andrew Square PHOTO Ā©2023 The Edinburgh Reporter

It was added by the council following Black Lives Matter protests in 2020 ā€“ during which the monument was vandalised ā€“ to provide ā€œa more representative story of Henry Dundasā€.

The wording was described as ā€œmisleading,ā€ ā€œcartoonishly inaccurateā€ and ā€œhurtful to our familyā€ by his living relatives who took it upon themselves to remove it on September 20.

Police were then asked to investigate by a city councillor but said ā€œno criminality was establishedā€ following an initial investigation.

In a statement issued last week Edinburgh Council said it was ā€œin legal correspondenceā€ with Bobby Dundas and the Melville Monument Committee who had ā€œbeen instructed to return the plaque and present a proposal to make good any damage to the monument caused by removalā€.

The council said it ā€œmay consider legal action or further involving Police Scotlandā€ if their demands were not met.

In response, Mr Dundas told the Local Democracy Reporting Service: ā€œThe MMC have taken senior expert legal advice and are confident that we took all proper steps before removing the plaque. The MMC intends to continue to honour its legal obligations.ā€

He said the group was waiting to see if the authority ā€œhonours its own legal obligations,ā€ including removing ā€˜temporaryā€™ signs installed near the Melville Monument, which the council said at the time would ā€œbe in place whilst the permanent plaque is being createdā€ but still remain in St Andrew Square.

He added: ā€œThe city gave an undertaking to Planning to remove them nearly three years ago, but is now treating them as a permanent installation, contrary to planning requirements.

ā€œThe plaque was affixed to heritable property by the City of Edinburgh Council (CEC), on the faith of an improperly obtained Planning Permission. By being affixed, it became part of the heritable property. It is accordingly not the property of CEC.ā€

In March the MMC was granted listed building consent to take the plaque down, with the council clarifying soon after that it was approved ā€œon a technicalityā€ and that as the application wasnā€™t from the owner of the statue it couldnā€™t be removed.

Mr Dundas continued: ā€œMMC has planning permission, properly obtained, to remove the plaque, which it has done. 

ā€œThe four small holes in the monument were caused by CEC, but it is a condition of MMCā€™s Planning Permission that MMC repairs them. MMC is happy to do that. It is ten minutes work.ā€

Council Leader Cammy Day said: ā€œThe plaque belongs to the Council and has been removed without our permission. 

ā€œFollowing the refusal of our request to return the plaque, weā€™ve now filed an official report with Police Scotland and will leave them to investigate fully.ā€

by Donald Turvill Local Democracy Reporter

The plaque in St Andrew Square has been removed PHOTO Ā©2023 The Edinburgh Reporter
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The Local Democracy Reporting Service (LDRS) is a public service news agency. It is funded by the BBC, provided by the local news sector (in Edinburgh that is Reach plc (the publisher behind Edinburgh Live and The Daily Record) and used by many qualifying partners. Local Democracy Reporters cover news about top-tier local authorities and other public service organisations.