Hansard

We have had a useful discussion of the bill, and there is clearly support across the chamber for its general principles. I will touch on the Local Government and Regeneration Committee’s stage 1 report, which considered the parts of the bill other than those that relate to pregnancy loss, stillbirth and infant loss.

I note the committee’s criticism of the bill as lacking ambition and its comment that a considerable amount of the policy remains to be developed and included in subsequent regulations, which makes detailed scrutiny difficult. However, there is broad support for most of the proposals.

There is agreement that all burial authorities, including private companies, should be placed under the same duties and have the same powers. However, it is uncertain whether the bill will assist with improvement in the management of burial grounds, particularly in relation to safely securing headstones and memorials. I note the recommendation that the bill should be amended to require a management scheme for burial grounds. The proposed measures to alleviate pressure on burial grounds by changing practice in relation to the purchase and use of lairs appear somewhat more controversial and will clearly require further discussion as the bill proceeds through Parliament.

The proposed duty on burial and cremation authorities, health boards and private healthcare providers to prepare records and maintain such records indefinitely, in the context of making arrangements for the disposal of pregnancy loss, is an important part of the bill. The consensus is that, in the 21st century, those records should be in electronic form. Although the Scottish Government agrees that that should be the ultimate aim, it is unwilling to require electronic records at present because, in the diverse funeral industry, there might not yet be adequate computerisation.

I agree with people who feel that, in the modern world, electronic records should be required. I would support a stage 2 amendment to that effect that allowed a transitional period, to ensure consistency and accuracy in the industry.

Given that, at present, funeral directors do not require any particular qualifications to set up a business or any inspection of their premises before they can work as funeral directors, I agree that, to ensure best practice, a licensing scheme is needed to cover the operation of funeral directors and their premises. The Delegated Powers and Law Reform Committee and the Local Government and Regeneration Committee are right to call for a requirement to make a licensing scheme for funeral directors to be put in the bill and to call for such a scheme to be implemented without delay.

I note the provision for ministers to issue codes of practice and to consult on draft codes of practice. I also note the Government’s commitment, which the committee welcomed, to amend the bill to require the approval of Parliament before any draft code can come into effect. However, I acknowledge the industry’s concerns about legislating for codes of practice instead of defining and introducing a new, separate code of standards that would run parallel to that of the National Association of Funeral Directors. That is because of the likely impact on funeral costs, which are already a significant issue for the increasing number of people who find that they are unable to meet such costs. More work is clearly required on that serious issue and on the transparency of funeral costs, albeit that the bill is not the vehicle for addressing those matters.

Legislation to modernise the law on burial and cremation is long overdue, and the bill deals with important and sensitive issues that have caused great and long-standing distress to many bereaved people. It is time that we had modern statutory provision for burial and cremation in Scotland. I agree with witnesses that the bill supports the objective of providing a modern and comprehensive legal framework, but a number of important provisions need clarification and amendment if we are to ensure, in so far as is possible, that previous poor practices are never repeated.

I look forward to further discussions at stage 2. In the meantime, I reiterate that Scottish Conservatives will support the general principles of the bill at decision time.