Bill to modernise burials and cremations ‘lacks ambition’

The report concludes the committee’s stage 1 consideration of the majority of the Burial and Cremation (Scotland) Bill which aims to update the legislative framework for burials and cremations in Scotland which dates back over 100 years.

The report highlights key policy areas which remain to be developed. The committee believes this lack of detail has impacted on the level of scrutiny the committee could achieve. More crucially, it also believes the lack of detail stifled the opportunity for public engagement.

Committee convener, Kevin Stewart MSP said: “Whilst there is no doubt Scotland needs a modern framework for burial and cremation in Scotland which is fit for the twenty-first century, it is clear the bill before us leaves some questions unanswered.”

“Without sufficient detail it is difficult to properly scrutinise the modernisation proposals. This has an impact on the level of scrutiny and public engagement we can undertake for what is an important piece of legislation which will affect us all.”

“We are concerned the offences in the bill lack any explanation of what behaviour is to be criminalised. This is why we have asked the Scottish government to provide more detail in advance of the bill proceeding.”

During its evidence, the committee heard about the impact funeral costs can have on families at what is an extremely difficult time.

Mr Stewart added: “This bill was a chance to fundamentally change the way the funeral industry operates and by doing so send a real signal on the issues of service standards and costs.

“It is disappointing the decision to license funeral directors was not taken - something which is surely a missed opportunity – and why we recommend licensing should be implemented without delay.”

The bill contains a number of provisions which aim to support the sustainability of burial, including ending the sale of burial lairs in perpetuity and allowing for the ability for burial authorities to reuse lairs in particular circumstances.

The main recommendations in the committee’s report include:

Management of burial grounds

The committee is unclear whether and how the bill will help local authorities to better manage burial grounds. As such, the committee recommends the bill be amended to require a management scheme.

Duration and extension of right of burial

The bill should be amended to set 25 years as a maximum initial period for the purchase of lairs (the Scottish term of burial plots) with the ability to extend ownership every 10 years thereafter.

Burial records

Taking into account the bill’s aim to provide a modern, comprehensive framework for burial and cremation, the committee recommends the bill be amended at Stage 2 to require records to be held electronically.

Proximity of new crematoria and housing

The committee recommends the bill is amended to address concerns about new crematoria being built next to housing and housing being built adjacent to existing crematoria.

Licensing of funeral directors’ premises

The committee considers the case has been made to license funeral directors and recommends the bill should require the making of a licensing scheme to be implemented without delay.