Hansard

I am grateful to parliamentary colleagues for their contributions to what has been an extremely useful debate. I welcome members’ recognition of the need to modernise the legislation in this area and I agree that the bill is important and will make positive changes.

I will consider carefully ahead of stage 2 all the points that have been raised today. It is clear that we will need to consider further some of the issues that have been debated, but I am pleased that there appears to be general support for the bill.

In opening the debate, I said that few of us relish talking about the subjects that the bill covers, but the issues are ultimately unavoidable. The average person organises no more than two funerals in their lifetime, and when we are called on to arrange the funeral of a loved one, very few of us have much experience to draw on, and we are rarely in the frame of mind to deal objectively with the planning and execution of the funeral process, which is sometimes complex and bureaucratic.

It is therefore important that the processes involved are as simple and straightforward as possible. It should be easy for those who are making the arrangements to understand the options that are available and what will happen to their loved ones’ remains. We should be able to rely on professionals throughout each stage of the process to give us clear, reliable and honest advice and to treat the deceased with respect. We should feel that we have been able to choose a dignified funeral.

It has become apparent that, in too many cases in recent years, those expectations have not always been met. The bill will change that by creating a robust and responsive system for burial and cremation that will support consistent high standards throughout every part of the process. The comprehensive modernisation and improvement of burial and cremation that the bill will bring about will create a system that is suitable for 21st century Scotland.

I am grateful for the points that members raised. Strengthening what happens with regard to pregnancy loss was raised in most contributions. I have said that we want to introduce as much flexibility on timescales as possible. Under current guidelines from the chief medical officer, the timescale is around six weeks, but we will introduce flexibility so that health workers and others who are involved will be very understanding about what happens. Throughout the process, we must be conscious of the fact that the woman’s wishes are paramount; that there must be confidentiality in what happens; and that, if the woman does not want to make any decisions, she should decide who will make decisions on her behalf.

I was interested in what Duncan McNeil said about cremulation. It is not a very nice word and I will look to see whether there is another way of explaining what is meant by it.

I assure Malcolm Chisholm and others that I am very concerned about the recovery of ashes. I specifically went to the back stage of a crematorium to see how remains were laid out in trays and the ashes recovered to the full extent to meet parents’ wishes.

I was interested to hear what many members said about record keeping. On reflection, I will ensure that electronic record keeping is in the bill, as long as we give sufficient time to funeral businesses that are not currently in a position to be able to take that on board.

I heard what members said about the licensing regime. The last thing that any of us would want to do is to set up a licensing scheme that means that further costs are passed on to those who are arranging a funeral. That is why I have said that the inspectors whom I or my successor will have the power to appoint under the bill should be able to give me or my successor guidance on what is required. We do not really have an overview of how well the funeral industry works. We hear about some cases in which it has not worked well at all; on the other hand, many members have said that they have been pleased with the service that funeral directors, whether large or small organisations, have given them.

It is important that we take stock of the situation across the whole industry and the whole country and that we take advice from the inspectors who will be in post to provide that. Already, the inspector of crematoria is in post and advice from that person is being taken on.

Also on licensing, through the bill, we can make sure that we are more open and transparent about the costs attributable to local authorities, which are often put onto the total cost of funerals, so that people know where those costs come from.

Jenny Marra mentioned crushing by falling headstones. The section in the bill about the reuse of lairs and bringing old burial grounds to life again is one of the ways in which we can ensure that those kinds of situation do not occur.

There is some misinformation about the reuse of lairs. It is not intended to reuse a lair unless it has not been used for at least 100 years. On the number of burial grounds where that might be viable, there are only a hundred or so lairs that have not been used for more than 100 years. It is not about reusing lairs that are still being visited or that have been used more recently than 100 years ago.

Of course, we will listen to organisations such as the Commonwealth War Graves Commission and, if they have any concerns, lairs will not be reused. However, reusing them is a way of revitalising old burial grounds and helping to preserve the history of those places.

Nigel Don pointed out that the bill is too bureaucratic in relation to secondary legislation. I have taken much of that on board. Some of the ideas on statutory duties that were initially in the bill will be taken out, some will be simplified and some will be put on the face of the bill.

Dennis Robertson spoke about the standardisation of forms. When I was in front of the committee, there was perhaps a misunderstanding. Of course, funeral directors and others will help applicants with the forms but it is the applicant who remains responsible.

I say to Lesley Brennan that consumer protection is reserved to Westminster and my colleague Alex Neil is taking forward the devolution of powers from the DWP to see what he can do to address funeral poverty.

The bill will overhaul the legal framework for burial and cremation to create a modern and robust system that will address current shortcomings. At the heart of the bill is modernisation of the legislation governing burial and cremation—that is what we want.

The bill will significantly improve procedures for burial and cremation and provide a system in which the public can have confidence. By strengthening the legislation, we will create a strong legal framework, establishing consistency and quality throughout the system.

I will look at what can go on the face of the bill and what will still require to be in secondary legislation. The bill is the result of collaboration with a wide range of stakeholders, and that will continue to be our approach as regulations and guidance are developed.

I believe that the bill will ensure that burial and cremation procedures are suitable for the needs of modern Scotland, and I call on Parliament to support the bill.