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Health, Social Care and Sport Committee 10 December 2024

10 Dec 2024 · S6 · Health, Social Care and Sport Committee

Item of business

Subordinate Legislation

Burial and Cremation (Inspection) (Scotland) Regulations 2025 [Draft]

Minto, Jenni SNP Argyll and Bute Watch on SPTV

Thank you, convener. I am delighted to join you today to discuss these regulations. The death of a loved one can be one of the most painful experiences that many of us will ever face. To some degree, that pain is an unavoidable part of grief itself, and there is little that can lessen it in the immediate aftermath of a death. However, as many of us know only too well, there can be solace in coming together to share the pain of the loss and to say goodbye. Funerals are a profoundly important part of that process, and, by facilitating funeral services, funeral directors as well as burial or cremation authorities can also be a source of comfort when we are at our most vulnerable. The funeral sector is entrusted to guide families through those difficult times. They care for the deceased, and they should be respectful and sensitive to the bereaved. Fortunately, the overwhelming majority of those services are provided with care, compassion and kindness. However, on those occasions when standards are not met, an already distressing and profoundly difficult time can turn into a long-lasting source of distress and regret. The regulations that the committee is considering today seek to prevent loved ones from having to face that additional distress and to protect the majority of responsible, compassionate businesses from the reputational damage that can arise when less scrupulous businesses fall short. The inspection regulations will give funeral inspectors powers in relation to inspecting relevant bodies, and both sets of regulations will put in place clear legal requirements that burial authorities will have to adhere to and be inspected against. The funeral director code of practice already sets out requirements for funeral directors, and we propose that the code and the three sets of regulations—including the Burial and Cremation (Inspection) (Scotland) Regulations 2025—will all come into force on 1 March next year. Cremation regulations have been in force since 2019. Therefore, from 1 March, there will be a comprehensive package of legislation that will maintain and build confidence across the whole funeral sector. We have developed the regulations in close collaboration with the funeral industry and other key stakeholders, drawing on their experience and expertise to ensure that the provisions are effective, proportionate and fit for purpose. That engagement included a full consultation in 2023 on all three sets of regulations. Respondents were generally supportive and their feedback has been instrumental in the drafting process. I am proud that Scotland is leading the way on regulating the funeral sector in the UK. I stress again that the majority of the sector is professional, compassionate and dedicated to providing the best service possible to both the deceased and the bereaved. We are regulating because we recognise the depth of distress that is caused in the rare instances when bad practice is allowed to go unchecked. The regulations build on the previous steps that we have taken to prevent such unscrupulous practices. In approving the regulations, committee members can help to ensure that the funeral sector meets the highest standards and offers greater peace of mind to the bereaved. Although the regulations are an important step, there is more work to do and, in particular, we are focused on taking the necessary steps to introduce the licensing of funeral directors and regulate the use of alkaline hydrolysis. I welcome the continued engagement and close collaboration with stakeholders as we move forward, and I will be happy to answer questions from committee members.