Meeting of the Parliament 22 March 2016
I thank all members for their contribution to the debate.
Throughout the bill’s progress, there has been strong support for its principles. I am grateful to members for the quality of their contributions, not only this morning but throughout the bill’s progress through Parliament.
I again thank the committees that dealt with the bill. It is always difficult when a bill is in front of two committees, but the Health and Sport Committee and the Local Government and Regeneration Committee have done a good job with this bill. I thank the Delegated Powers and Law Reform Committee, and its convener Nigel Don, for that committee’s detailed look at bills. Nigel Don has brought specific insight into the working of this Parliament and has always had a slightly different take on bills as they have gone through Parliament, for which I thank him.
I pay tribute to Duncan McNeil as the convener of the Health and Sport Committee, and to the thoughtful way in which he dealt with witnesses and ministers at the committee. I had a tear in my eye when, last week, he spoke on giving legislative consent to the Scotland Bill in his final speech.
I thank the bill team for their support and the stakeholders who helped in the construction of the bill. In particular, I thank Dr Simon Cuthbert-Kerr, who has lived and breathed the bill for months. I am sure that he wakes up thinking about the bill, but he will now be able to get his life back and get back to playing in his band, which he does so well.
Malcolm Chisholm said that he has not yet made his final speech in Parliament, but I pay tribute to all the work that he has done both in this Parliament and in the other place. He, too, has had a colourful and distinguished career in politics, and I commend him for that.
I will also miss Nanette Milne, and not just when I take the train up to Aberdeen on a Thursday night—a journey that we have shared on many occasions. The number of cross-party groups on health that there are in the Parliament has exceeded all expectations, and she has done her utmost to represent the Conservative Party on many of them. She and I have worked together at local government level, at Grampian regional level and at district level, and she has made a huge contribution to political life in the north-east. I am sure that I will still see her, as her son lives quite near me, and that she will continue her interest in the arts scene in the north-east. I, too, wish her and Alan a happy retirement.
There can be no doubt that the bill makes some much-needed changes to burial and cremation processes. I believe that it will create a legislative framework for burial and cremation that will meet the needs of 21st century Scotland. It will remove the inconsistency that is apparent and will make processes easier to understand and more reliable. When we are arranging a funeral, we should be able to expect a straightforward and transparent process that makes things easier, not more difficult, and I think that the bill will provide that.
Many of the topics covered by the bill are extremely sensitive. As the bill has made its way through Parliament, we have heard from people who have experienced loss in unimaginable circumstances, and those experiences alone should be reason enough for us to address the shortcomings in the current system.
Bob Doris made an important point about the need for health professionals and others to deal sensitively with pregnancy loss at whatever stage it occurs. In particular, the new processes that will be put in place in relation to pregnancy loss and stillbirth will address many of the issues that were identified by Lord Bonomy, as Rhoda Grant and Richard Lyle mentioned. It is really important that we prevent a repeat of previous mistakes, and I believe that the bill will do that. However, this is in no way the end of the process, as Dame Elish Angiolini has still to report on some of the mishandling of ashes at crematoria throughout Scotland.
Throughout the bill’s passage, much has been said about the role of funeral directors. Although it is possible to organise a funeral without using a funeral director, in the majority of cases people turn to funeral directors for their expertise and experience. In most cases, funeral directors provide a high-quality service but we are all aware, from our constituency cases, of poor service and high costs that can be difficult to understand. It is important that we can rely on funeral directors when we have to.
Therefore, the bill allows ministers to introduce a licensing scheme for funeral directors that will establish basic criteria for anyone who wants to operate as a funeral director and which will prevent those who fail to meet standards from doing so. The new inspection powers will bring a level of scrutiny to funeral directors—indeed, to the funeral industry as a whole—that has never been seen in Scotland. I am confident that that will drive up standards and consistency, helping people to know that they will receive the same level of care and service from all parts of the industry.
Before the Scottish Government commits to the licensing of funeral directors, however, it is important that we better understand the current state of the industry. That will ensure that any scheme that is introduced reflects best practice and addresses specific concerns. I therefore intend to use the inspectors who are appointed under the bill to monitor the industry and make recommendations about licensing.
During the bill’s passage, there has also been much debate about funeral costs. The bill is likely to influence costs to a degree, as it requires local authorities to publish all costs relating to burial and cremation, which will help to improve transparency. It is also likely that the introduction of inspection and the potential introduction of licensing for funeral directors will help to improve cost transparency and consistency.
At this stage, I pay tribute to Lesley Brennan’s work on funeral poverty in her short time in the Parliament. Like me, she came in at the tail end of a session, and she has immersed herself fully in the Parliament’s work. Lodging an amendment in one’s early days as an MSP is quite daunting, and I congratulate her on all the work that she has done. I wish her well.
As I said in my opening speech, the Scottish Government has recently initiated work to examine funeral poverty. That work, which is being led by the Cabinet Secretary for Social Justice, Communities and Pensioners’ Rights, very much builds on Citizens Advice Scotland’s report, “The Cost of Saying Goodbye: Burial and cremation charges in Scotland 2015”, for which we should commend CAS. The cabinet secretary has commissioned further work on the area, which will report early next year and on which there will be a conference, as has been said.
In response to the CAS report, the cabinet secretary has indicated that we will undertake a range of work to address funeral poverty, including speeding up the time taken to make decisions about funeral payments, which Jenny Marra mentioned, once responsibility for that area is devolved to Scotland.
Members have raised other parts of the bill on which we have perhaps not spent much time today. Kevin Stewart and others have mentioned reusing lairs and revitalising old burial grounds in our city and town centres, which will be important going forward.
The bill makes important changes in an area that few of us wish to think about but which, as Stewart Stevenson said, touches us all at some point. I hope that Parliament will pass the bill unanimously at decision time.