Plans to modernise burial laws lack ambition, say MSPs

A Bill aimed at modernising 100-year-old laws on burial and cremation in Scotland ``lacks ambition'', MSPs have concluded.

Published 1st Feb 2016

A Bill aimed at modernising 100-year-old laws on burial and cremation in Scotland lacks ambition'', MSPs have concluded.

Holyrood's Local Government and Regeneration Committee said it had been unable to properly scrutinise the Burial and Cremation Bill due to a lack of detail.

If passed, the Bill would end the sale of burial plots in perpetuity and allow for the reuse of plots in certain circumstances in a bid to address the pressure on available land.

The committee has supported the Bill's general principles but called on the Scottish Government to go further by introducing licensing for funeral directors and taking steps to help drive down funeral costs.

A committee report said: Overall we found the Bill to be lacking in ambition.

Our overriding impression is of a Bill which by and large sets out to preserve the existing approach to funerals while only updating limited areas for immediate improvement.

A considerable amount of the policy remains to be developed and will be included subsequently in regulations.''

Committee convener Kevin Stewart MSP said: Whilst there is no doubt Scotland needs a modern framework for burial and cremation which is fit for the 21st 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.''

MSPs heard evidence that the cost of a burial plot and interment ranged from £694 in the Western Isles to £2,785 in East Dunbartonshire.

The committee said it acknowledged the Government's position that the Bill was not the means for addressing funeral costs, but said more detailed legislation would have provided greater influence on services and thereby cost''.

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 committee wants the Bill to set a 25-year maximum initial period for the purchase of burial plots with the ability to extend ownership every 10 years, and to include a requirement for burial records to be held electronically. MSPs have also called for clarity on how the Bill will help councils better manage burial grounds and an explanation of what behaviour could be criminalised under it.

The Scottish Parliament's Health and Sport Committee is scrutinising the aspects of the legislation arising from the recommendations of the Infant Cremation Commission in the wake of the baby ashes scandal.

A Scottish Government spokeswoman said: The Burial and Cremation (Scotland) Bill will bring about much-needed and far-reaching improvements to burial and cremation.

It will modernise the legislative framework for burial and cremation, ensuring that the processes involved meet the needs of 21st-century Scotland.

The Scottish Government will consider the points raised in the Local Government and Regeneration Committee's Stage 1 report and will respond formally in due course.''