Second committee calls for stronger burial and cremation law

A second Holyrood committee has called for the strengthening of the Scottish Government's bill to modernise the law surrounding burials and cremations.

In its stage 1 report on the Burial and Cremation (Scotland) Bill, the Health & Sport Committee supports the general principles of the bill but wants to see clarification and amendment to strengthen a number of important provisions.

Last week the Local Government & Regeneration Committee, which was also examining parts of the bill at stage 1, concluded that it "lacked ambition" and should give stronger powers to local authorities, including by introducing a licensing scheme for funeral directors. (Click here for report.)

Among the provisions considered by the Health & Sport Committee are those that implement Lord Bonomy's recommendations in the wake of the baby ashes scandal. Committee convener Duncan McNeil MSP said the committee was clear that the needs of the woman who had experienced the loss of a pregnancy or baby needed to be placed firmly at the centre of the legislation.

"Given the range of circumstances in which a woman may lose her pregnancy, we consider it is important that the timescales in the bill for decision-making and disposal of remains are flexible to take account of situations where a woman may desire to make decisions quickly for cultural or other reasons, as well as for women who may be unable to make decisions in the recommended timescale", he commented.

The committee also has concerns that the definition of cremation may not adequately enable bereaved families to understand that cremation may include cremulation (the crushing of bone fragments left after cremation). It wants bereaved families to be given an informed choice about whether to proceed with cremulation.

Among other conclusions it seeks confirmation from the Scottish Government of how the role of the healthcare provider could be strengthened in relation to supporting the woman making arrangements for a burial or cremation in cases of stillbirth; and clarification of what action is being taken to ensure that all women who experience the loss of a child or pregnancy are directed to appropriate support services.

Click here to view the committee's report.