Committee
Local Government and Regeneration Committee 09 March 2016
09 Mar 2016 · S4 · Local Government and Regeneration Committee
Item of business
Burial and Cremation (Scotland) Bill: Stage 2
The amendments in this group make various changes and clarifications for the process of restoring lairs to use. Amendment 54 sets out the initial test that burial authorities must apply in deciding whether a lair may be suitable for restoration to use. That requires the burial authority to determine whether the lair is in a poor state of repair or no one appears to have an interest in the lair. That is only one of three initial considerations set out in section 24, and each must be met. That should help to identify relevant lairs, but the safeguards attached to the process will still ensure that lairs are not restored to use without a thorough process to give people the opportunity to object to the proposal. Amendments 55, 59 and 62 ensure that any structures or tombs above ground may be included in the restoration-to-use process. Amendments 57 and 58 clarify how a spouse, partner or civil partner should be regarded in relation to the right to object to a lair being restored to use, including where that person was separated from the deceased by, for example, divorce. Amendments 60, 61 and 63 make minor drafting adjustments to provide additional clarity. I move amendment 54. Amendment 54 agreed to. Amendments 55 and 56 moved—Maureen Watt—and agreed to. Section 24, as amended, agreed to. Sections 25 and 26 agreed to. Section 27—Section 26: effect of objection Amendments 57 and 58 moved—Maureen Watt—and agreed to. Section 27, as amended, agreed to. Section 28 agreed to. Section 29—Restoration to use Amendments 59 to 61 moved—Maureen Watt—and agreed to. Section 29, as amended, agreed to. Section 30—Restoration to use without extinguishment of right Amendments 62 and 63 moved—Maureen Watt—and agreed to. Section 30, as amended, agreed to. Sections 31 to 33 agreed to. 10:15 Section 34—Records Amendment 64 moved—Maureen Watt—and agreed to. Section 34, as amended, agreed to. After section 34 Amendment 65 moved—Maureen Watt—and agreed to. Section 35 agreed to. After section 36
In the same item of business
The Convener
SNP
We move to our first substantive item. Item 2 is stage 2 consideration of the Burial and Cremation (Scotland) Bill. I welcome back to the committee the Mini...
The Convener
SNP
Amendment 2, in the name of the minister, is grouped with amendments 3 to 7, 16 to 25, 56, 134, 139 and 140.
The Minister for Public Health (Maureen Watt)
SNP
Good morning, members. Amendment 2 ensures that the bill will apply to burial grounds that are no longer actively used for burial. That will mean, for examp...
The Convener
SNP
Amendment 8, in the name of the minister is grouped with amendments 10, 32, 44, 70, 74, 110, 126, 127 and 142 to 144. 09:45
Maureen Watt
SNP
Amendments 8, 10, 32, 44, 70, 74, 110 and 126 are minor drafting amendments that add the word “or” to various sections of the bill that confer powers to make...
The Convener
SNP
Members have no comments. Minister, do you wish to wind up?
Maureen Watt
SNP
No. Amendment 8 agreed to.
The Convener
SNP
Amendment 9, in the name of the minister, is grouped with amendments 11, 12, 29, 40, 45, 46, 53, 65, 71, 75, 76, 82, 88 and 122.
Maureen Watt
SNP
The amendments in this group relate to offences. Many of the amendments have been lodged in response to concerns that were raised at stage 1 about the creati...
The Convener
SNP
No other member has indicated that they wish to speak. Minister, do you wish to wind up?
Maureen Watt
SNP
No. Amendment 9 agreed to. Section 8, as amended, agreed to. Section 9 agreed to. Section 10—Burial register Amendments 10 to 12 moved—Maureen Watt—an...
The Convener
SNP
Amendment 13, in the name of the minister, is grouped with amendments 14, 15, 26 to 28, 36 to 38, 52, 64, 77 to 79, 128, 136, 138 and 141.
Maureen Watt
SNP
Amendments 13 and 14 allow local authorities to charge for access to the burial register and to charge for the provision of extracts from the register. That ...
The Convener
SNP
If no one else wishes to enter the debate, does the minister wish to forgo her right to sum up?
Maureen Watt
SNP
Yes. Amendment 13 agreed to. Amendments 14 and 15 moved—Maureen Watt—and agreed to. Section 10, as amended, agreed to. Section 11 agreed to. Section 12—...
The Convener
SNP
Amendment 30, in the name of the minister, is grouped with amendments 91 and 123 to 125. 10:00
Maureen Watt
SNP
The Delegated Powers and Law Reform Committee recommended that codes of practice that are issued under the bill should be approved by the Scottish Parliament...
The Convener
SNP
Amendment 31, in the name of the minister, is grouped with amendments 41, 42, 89, 145 and 90.
Maureen Watt
SNP
The amendments in this group relate to the charging of fees relating to burial and cremation by local authorities, including placing duties on local authorit...
The Convener
SNP
Amendment 33, in the name of the minister, is grouped with amendments 34, 35, 39, 129 and 133.
Maureen Watt
SNP
Amendments 33 to 35 relate to the private burial of the remains of a pregnancy loss. The effect of the amendments is to exclude such a burial from the requir...
The Convener
SNP
Amendment 43, in the name of the minister, is grouped with amendments 47 to 51.
Maureen Watt
SNP
Applications for routine exhumation are being removed from the court process by the bill, although appeals about decisions will still be heard by the sheriff...
The Convener
SNP
Amendment 54, in the name of the minister, is grouped with amendments 55 and 57 to 63.
Maureen Watt
SNP
The amendments in this group make various changes and clarifications for the process of restoring lairs to use. Amendment 54 sets out the initial test that b...
The Convener
SNP
Amendment 66, in the name of the minister, is grouped with amendments 67 to 69, 72, 73, 80, 81, 83 to 87, 131 and 135.
Maureen Watt
SNP
Amendments 66 to 69, 72, 73, 80, 81 and 83 to 87 make various changes to the responsibilities of cremation authorities. Amendment 66 enables a local authori...
The Convener
SNP
Amendment 1, in the name of John Wilson, is in a group on its own.
John Wilson (Central Scotland) (Ind)
Ind
Amendment 1 arose from discussions about the Cremation Act 1902 when the committee took evidence from witnesses. We learned that the Government has not taken...
The Convener
SNP
No one else wishes to enter the debate on this amendment but, before calling the minister, I ask her to give an indication of whether there has been any disc...