Chamber
Meeting of the Parliament 22 March 2016
22 Mar 2016 · S4 · Meeting of the Parliament
Item of business
Burial and Cremation (Scotland) Bill: Stage 3
A number of issues have been raised. We often find that there is conflict between different pieces of legislation. In this case, the conflict is between the 1902 act and various pieces of planning legislation and guidance. I for one am always keen to ensure that there is no conflict between pieces of legislation, and I think that section 42A, which Mr Wilson’s amendment inserted in the bill at stage 2, would create such conflict. We should trust local planning authorities to take the decisions on such matters. After all, they are the folk who know the geography and topography of their areas.
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The next item of business is stage 3 proceedings on the Burial and Cremation (Scotland) Bill. In dealing with the amendments, members should have the bill a...
The Presiding Officer
NPA
We move to group 1: meaning of “burial authority” and “burial ground”. Amendment 2, in the name of the minister, is grouped with amendments 3 to 17, 20, 21 a...
The Minister for Public Health (Maureen Watt)
SNP
This group of amendments makes a number of changes to references to burial authorities. Most of the changes are consequential on amendment 2, which alters th...
The Presiding Officer
NPA
No member has asked to speak on this group of amendments. Does the minister wish to wind up?
Maureen Watt
SNP
No. Amendment 2 agreed to. Section 2—Local authority duty to provide burial ground Amendment 3 moved—Maureen Watt—and agreed to. Section 3—Provision of ...
The Presiding Officer
NPA
We come next to group 2, which is minor and technical amendments. Amendment 18, in the name of the minister, is grouped with amendments 19, 22, 28, 35, 42, 4...
Maureen Watt
SNP
Amendment 18 is a structural change to the bill to move section 20 so that it sits with the sections relating to burial in a burial ground. It will be placed...
The Presiding Officer
NPA
Group 3 is on cremation authority duties. Amendment 74, in the name of the minister, is the only amendment in the group.
Maureen Watt
SNP
Amendment 74 updates section 37 to put beyond doubt that any regulations that the Scottish ministers make in relation to the operation of a crematorium can i...
The Presiding Officer
NPA
Group 4 is on location of crematorium. Amendment 75, in the name of the minister, is the only amendment in the group.
Maureen Watt
SNP
The purpose of amendment 75 is to remove from the bill section 42A, which was inserted at stage 2. I said at stage 2 that I considered the kind of statutory...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
Section 42A is very odd. From reading it, I take it that there are two policy intentions: to protect residential properties that exist from having a cremator...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
I am concerned about amendment 75. The minister went on at length about planning policy. We would all hope that the planning authority would make reasonable ...
John Mason (Glasgow Shettleston) (SNP)
SNP
Is Rhoda Grant saying that a local authority would not be concerned about such matters?
Rhoda Grant
Lab
I sincerely hope that it would be, but in the past we have seen local authorities make decisions that fly in the face of such concerns. Even in spite of camp...
John Wilson (Central Scotland) (Ind)
Ind
The amendment that inserted section 42A at stage 2 was lodged to address an issue that had been identified by the Local Government and Regeneration Committee...
Stewart Stevenson
SNP
Will the member take an intervention?
John Wilson
Ind
No. “We therefore recommend the Scottish Government takes cognisance of the issues raised and, in discussion with planning colleagues, brings forward an ame...
Kevin Stewart (Aberdeen Central) (SNP)
SNP
A number of issues have been raised. We often find that there is conflict between different pieces of legislation. In this case, the conflict is between the ...
John Wilson
Ind
Will Mr Stewart confirm that he was the convener of the Local Government and Regeneration Committee that produced the stage 1 report that asked the Scottish ...
Kevin Stewart
SNP
I was the convener of the committee, and I suggested that that be looked at. Mr Wilson’s stage 2 amendment could have been better worded, if it was intended ...
The Presiding Officer
NPA
I call the minister to wind up.
Maureen Watt
SNP
It is true that local authorities agree with a minimum distance, but they believe that they should make the decision. The Institute of Cemetery and Crematori...
The Presiding Officer
NPA
The question is, that amendment 75 be agreed to. Are we agreed? Members: No.
The Presiding Officer
NPA
There will be a division. As this is the first division at stage 3, I suspend the meeting for five minutes. 10:31 Meeting suspended. 10:36 On resuming—
The Deputy Presiding Officer (John Scott)
Con
We will now proceed with the division on amendment 75. For Adam, George (Paisley) (SNP) Adamson, Clare (Central Scotland) (SNP) Allan, Dr Alasdair (Na ...
The Deputy Presiding Officer
Con
The result of the division is: For 61, Against 38, Abstentions 0. Amendment 75 agreed to. Section 46—Arrangements on death of adult
The Deputy Presiding Officer
Con
We come to group 5. Amendment 23, in the name of the minister, is grouped with amendments 24 to 27, 29, 31 to 33, 36, 38, 41, 43, 45 to 54, 91, 92, 55 to 57 ...
Maureen Watt
SNP
In themselves, the amendments in this group do not have any impact on the meaning of the sections to which they relate; they are technical drafting amendment...
The Deputy Presiding Officer
Con
We come to group 6. Amendment 76, in the name of the minister, is grouped with amendments 77 to 80, 30, 81 to 86, 86A, 87, 88, 34, 37, 39, 40, 89, 90, 93, 58...