Proposed cremation laws meant to prevent another Mortonhall baby ashes scandal

New laws on burials and cremations will mean another Mortonhall baby ashes scandal will never reoccur it has been claimed.

The Burial and Cremation (Scotland) Bill will provide a legal definition of ashes and will force authorities to retain permanent details of burials and cremations.

In addition, the bill will ensure details are kept of stillbirths and lost pregnancies.

It was brought forward following the Mortonhall baby ashes scandal in which staff at an Edinburgh city council-operated crematorium buried the ashes of dead babies, in a practice that lasted for more than 40 years, without informing their parents.

Crematorium staff told parents no ashes remained after babies were cremated.

The policy began in 1967 and only ended following a change of management in 2011.

A settlement was reached in January this year between the council and 129 families who raised legal claims over the scandal.

The council considered the report of the former Lord Advocate Dame Elish Angiolini and decided to settle on the payout with Thompsons Solicitors, who represented the 129 clients.

The payouts ranged from between £1,000 and £4,000 in addition to legal expenses.

Lord Bonomy’s Infant Cremation Commission made recommendations which the Scottish government has already made changes to adhere to.

Maureen Watt, the public health minister said of the bill: “Our wide-ranging proposals aim to standardise burial and cremation practices across Scotland and provide for better scrutiny and governance of those who are tasked with this important and sensitive role.

“We have also sought to address some key issues such as the safety and maintenance of burial grounds.

“While this bill is an extremely positive step forward, we cannot forget that parts of this legislation have arisen from some very tragic circumstances.

“I have written to those parents affected by the historic practices of certain crematoria and who have been involved in the work of the National Committee on Cremation, to give them more detail about the contents of the bill.

“I would like to take this opportunity to thank them for their contribution towards the process of preparing this legislation.

“We have already taken immediate steps to address the issues surrounding infant ashes, such as issuing national guidance and appointing an Inspector of Crematoria.

“The Burial and Cremation (Scotland) Bill will provide the legislative framework to ensure this can never happen again.”

Ministers will gain the power to regulate the funeral industry if the bill is passed and it could mean a licensing scheme for funeral directors being established in the future.

It also provides for the regulation of private burials, which can be made on private land, and proposes that abandoned lairs be restored for use in limited circumstances after 100 years have elapsed since the last internment.