Burial and cremation law to be modernised in new bill
Legislation to modernise the law surrounding burials and cremations has begun its course through the Scottish Parliament.
In addition to reforming 19th century legislation, the bill takes forward the recommendations from the Infant Cremation Commission chaired by Lord Bonomy, which was set up following the "baby ashes" scandal over the disposal of infant remains at Mortonhall Crematorium in Edinburgh and elsewhere. It also gives effect to recommendations made by the Burial and Cremation Review Group not already implemented in the Certification of Death (Scotland) Act 2011.
There are also provisions giving Scottish ministers the powers to formally regulate the funeral industry, which could include the introduction of a licensing scheme.
Recommendations from the Infant Cremation Commission contained in the bill include:
- introducing a legal definition of "ashes";
- requiring the relevant authorities to keep burial and cremation records indefinitely and ensuring that the details of the burial and cremation of pregnancy losses and stillborn babies are recorded;
- strengthening the application process for cremation, requiring the applicant to clearly specify what should be done with ashes and also requiring cremation authorities to record details of cremations on a central register.
The bill also proposes to modernise and improve the administrative procedures surrounding adult cremation.
Regarding burial grounds, the bill provides for regulations that would give burial authorities the power to carry out activities considered necessary for the upkeep and management of burial grounds – including maintaining and repairing headstones and memorials to make them safe. Burial authorities would come under a legal requirement to ensure the safety of burial grounds.
Other provisions include the regulation of private burials (burials at home or in a private family burial ground), and allowing abandoned lairs to be restored to use in controlled circumstances, to relieve pressure on avaiable land for burial, provided the last interment was at least 100 years ago.
Public Health Minister Maureen Watt said: “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.”