Burial Bill "lacking in ambition", MSPs claim
The bill to modernise Scotland's burial and cremation laws lacks detail and ambition, according to a stage 1 report by the Scottish Parliament’s Local Government & Regeneration Committee.
The committee is not the lead committee on the bill – that being the Health & Sport Committee – but has been considering much of the bill, which aims to update the legislation some of which dates from the 19th century, as well as implement the recommendations of the Bonomy review into the baby ashes scandal.
Its report highlights key policy areas which, it says, remain to be developed, the lack of detail in which "has impacted on the level of scrutiny the Committee could achieve" – and more crucially, has stifled the opportunity for public engagement.
Among its comments, the committee is unclear whether and how the bill will help local authorities to better manage burial grounds, and recommends the bill be amended to require a management scheme; it wants to set 25 years as a maximum initial period for the purchase of lairs, with the ability to extend ownership every 10 years thereafter; it recommends the bill be amended at stage 2 to require records to be held electronically; it calls for amendments to address concerns about crematoria and housing being built adjacent to each other; and it considers that the case has been made to require a licensing scheme for funeral directors to be introduced without delay.
Committee convener Kevin Stewart MSP commented: “Whilst there is no doubt Scotland needs a modern framework for burial and cremation in Scotland 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.
“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.”
He added: “This ill 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.”