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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
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 Minister for Public Health, Maureen Watt. She is supported by Scottish Government officials. Before we move to consideration of amendments, it will be helpful if I set out the procedure for stage 2. Everyone should have the bill, the marshalled list and the groupings of amendments, as published on Monday. There will be one debate on each group of amendments. I will call the member who lodged the first amendment in each group to speak to and move their amendment, and to speak to all the other amendments in the group. Members who have not lodged amendments in the group but who wish to speak should indicate that by catching my attention in the usual way. If she has not already spoken on the group, I will invite the minister to contribute to the debate just before I move to the winding-up speech. As with a debate in the chamber, the member who is winding up on a group may take interventions from other members, if they wish to do so. The debate on each group will be concluded by me inviting the member who moved the first amendment in the group to wind up. Following the debate on each group, I will check whether the member who moved the first amendment in the group wishes to press their amendment to a vote, or to seek to withdraw it. If they wish to press, I will put the question on the amendment. If a member wishes to withdraw their amendment after it has been moved, they must seek the committee’s agreement to do so. If any committee member objects, the committee must immediately move to the vote on the amendment. If a member does not want to move their amendment when I call it, they should say, “Not moved.” Please remember that any other MSP may move the amendment. If no one moves the amendment, I will immediately call the next amendment on the marshalled list. Only committee members are allowed to vote at stage 2. Voting in all divisions is by show of hands—it is important that members keep their hands clearly raised until the clerk has recorded the vote. The committee is required to indicate formally that it has considered and agreed each section of the bill, so I will put the question on each section at the appropriate point. Members will be aware that, as agreed by Parliament, consideration of the bill at stage 2 has been split between the Health and Sport Committee and this committee. At the Health and Sport Committee’s meeting yesterday, it considered section 36 and sections 46 to 55 and amendments that related primarily to those sections or to the disposal of ashes by cremation authorities. That included agreeing to amendments to section 37 and section 75. This committee will consider the remainder of the bill today. I hope that that is all pretty clear. I now move on to consideration of amendments. Section 1—Meaning of “burial ground”

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...