Meeting of the Parliament 22 March 2016
I join others in paying tribute to Nanette Milne for her valedictory speech, but also for her service to the Parliament. She is always thoughtful and considered in her responses, and she is somebody whom everybody listens to. She will be greatly missed, but knowing the way that this place works, I am sure that she will be in touch and will give us the benefit of her thoughts and ideas—or, at least, those of us who hope to go forward; we may hear more valedictory speeches than we would hope to hear.
I thank the witnesses who gave evidence to the Health and Sport Committee, some of whom gave evidence in difficult circumstances. I pay tribute to them, as well as to all those who supported the committee.
The Burial and Cremation (Scotland) Bill tries to put safeguards in place to prevent terrible things such as the baby ashes scandal from ever happening again. However, it also makes us look at the way in which we view death. There is, of course, a temptation to take as much pressure off the bereaved person as possible. That is understandable, and even more so when the bereavement was unexpected. Because such loss feels unbearable, we seek to make decisions for people in order to make things easier.
However, that can cause problems. Very strong rituals—indeed, cultural issues—are attached to the disposal of remains, and the practice is very often bound by religious belief. Moreover, it is the last thing that we can do for a loved one, and it is therefore important that their wishes, where they have been expressed, as well as the wishes of close family are put at the heart of the process. In cases of pregnancy loss or stillbirth, the mother must be involved in decision making at a pace and at a time that show that her best interests are being taken into account.
The organisation of a funeral, an interment or a cremation is a ritual that forces people to continue through their grief, provides them with a focus and ensures that the person in question gets a fitting send-off. That can bring comfort in the long term, but if things are not done in accordance with the wishes of the bereaved, it can add to their distress. As a result, it is not only sensitivity but the provision of information and choices that is required. We have seen with the disposal of baby ashes the distress that can be caused when parents are not informed or involved. There is no way of easing that suffering; all we can do is ensure that what happened never happens again.
Under amendments that have been lodged and agreed to, matters will be put very much in the mother’s hands and no one will be allowed to make assumptions with regard to her wishes; indeed, that is where things went wrong in the past. Whatever guidance goes with the bill, it must emphasise the need to seek out and implement the wishes of the bereaved.
The Health and Sport Committee, of which I was a member, dealt with some of those very difficult issues, but the Local Government and Regeneration Committee dealt with the bill’s more contentious issues such as the siting of crematoria and their distance from housing. That is, indeed, an important issue; if a crematorium is put too close to housing, parking and noise problems for those attending it are likely to arise as well as problems with traffic congestion and disruption, which might be dangerous for the young children and families who live in the housing close by. I agree that it is only common sense to put such buildings at a reasonable distance, but as we know, common sense does not always prevail in planning decisions, and I sincerely hope that the Scottish Government does not rue the day that it removed the distance prescription from the bill.