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Health and Sport Committee 08 March 2016

08 Mar 2016 · S4 · Health and Sport Committee

Item of business

Burial and Cremation (Scotland) Bill: Stage 2

Watt, Maureen SNP Aberdeen South and North Kincardine Watch on SPTV

Amendments 1003 to 1007 place various duties and powers on cremation authorities and funeral directors in relation to how they handle ashes. Amendment 1003 specifies that a cremation authority must, before carrying out a cremation, take reasonable steps to ascertain what an applicant would like to be done with the ashes following the cremation. The amendment provides three options: that the ashes will be collected by the applicant; that the ashes will be collected by a funeral director on behalf of the applicant; or that the ashes will be disposed of by the cremation authority on behalf of the applicant. Those options require the cremation authority to do something with the ashes on behalf of the applicant. The applicant may choose to collect the ashes from the crematorium themselves or arrange for the funeral director to collect them. The applicant may also agree with the cremation authority that the authority will dispose of the ashes at the crematorium. Amendment 1004 places a cremation authority under a duty to follow the applicant’s stated wishes about what should be done with the ashes. Amendment 1005 sets out the procedure to be followed by a cremation authority where an applicant or funeral director does not collect ashes as agreed. In such a case, the cremation authority must take reasonable steps to ascertain the wishes of the applicant again. If the applicant responds and gives further instructions, the cremation authority is required to comply with those wishes. If the applicant does not make known his or her wishes, the cremation authority may dispose of the ashes in a manner prescribed by regulations. Amendment 1006 sets out the procedure to be followed by a funeral director where the funeral director has collected ashes from a crematorium on behalf of an applicant and the applicant has not in turn collected the ashes from the funeral director. In that instance, a funeral director is required to take further steps to ascertain the wishes of the applicant. If the applicant gives further instructions, the funeral director is obliged to comply with those wishes. Where the applicant does not provide any further instructions, the funeral director may return the ashes to the crematorium where the cremation was carried out. 09:45 Amendment 1007 sets out the procedure to be followed by a cremation authority where a funeral director returns ashes to the crematorium under the new section inserted by amendment 1006. In such an instance, the cremation authority must take reasonable steps to ascertain the applicant’s wishes with regard to how the ashes should be handled. The applicant can either arrange to collect the ashes or ask the cremation authority to dispose of the ashes for them in a way set out in regulations, and the cremation authority must comply with any such instructions. Where the applicant does not respond or give further instructions, the cremation authority may dispose of the ashes in a manner prescribed in regulations. This group of amendments provides a clear process for handling ashes. At each stage, the applicant will be made aware of his or her choices and what will happen if the ashes are not collected as arranged. Moreover, at each stage, the applicant is given an opportunity to specify what he or she wants to happen to the ashes. Although cremation authorities and funeral directors are under a duty to attempt to contact the applicant at various points, they have a power rather than a duty to dispose of ashes where the applicant does not provide further instructions. That will provide cremation authorities and funeral directors with discretion about when they choose to dispose of ashes and when they choose to retain them. Amendment 1008 gives ministers a power to make regulations on the handling of ashes. Among other matters, regulations may make provision for time periods for collecting and retaining ashes and for notices that must be given to applicants about the processes. Finally, amendment 1002, which is actually a very small amendment, removes section 37(1)(c) to ensure that regulations made under section 37 do not include provisions on the disposal of ashes by cremation authorities. Such provisions are now in the bill and are supplemented by regulations under the new section inserted by amendment 1008. I move amendment 1002.

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Health and Sport Committee 08 March 2016

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