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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 1009 to 1016 are minor amendments, which seek to remove any reference to “still-birth” or “still-born child” from section 47 of the bill. The removal of those terms is a result of discussions with NHS colleagues and it follows further policy development in respect of the way in which arrangements for stillborn children are made. The amendments will mean that section 47 of the bill will refer only to children. Other amendments will introduce new sections on stillbirth. 10:00 Amendments 1017 to 1020 seek to insert into the bill new sections to set out the procedures that are to be followed following a stillbirth or a post-24-week termination. In the case of a post-24-week termination, amendment 1017 allows that the woman who experiences the termination may choose to make her own arrangements for disposal of the remains or authorise the health body to make them on her behalf. Subsection (5) of the proposed new section allows the health body to make arrangements for the disposal of the remains. This subsection has effect if the woman informs the health authority that she does not want to make the arrangements herself; is unable to make the decision; or does not inform the health authority of a decision. The effect of the subsection is to ensure that the health authority can make arrangements for the burial or cremation of the remains even if the woman has given no indication of her wishes. Amendment 1018 provides the process for making the arrangements for the burial or cremation of a stillbirth. When a stillbirth occurs, the bill provides that the nearest relative of the stillbirth has the right to instruct on the disposal of the remains. The amendment sets out a list of nearest relatives for that purpose. In the first instance, the nearest relative is defined as a parent of the stillborn baby. If neither parent is able to make a decision about the disposal, then that right moves to the next nearest relative on the list. That process continues until a person on the list is able to make a decision. The nearest relative can make the burial arrangements or authorise the health body to make the arrangements. The amendment requires the health body to record prescribed information in the way that is described under this section. The amendment sets out the process by which the right to instruct on the disposal will move from one nearest relative to the next. That includes the specification of circumstances in which the nearest relative is to be discounted, such as when he or she is under 16 years of age. The amendment also defines a “health body” for the purposes of the proposed section. Amendment 1019 sets out the steps that a health body must take when it is authorised to make arrangements for the burial or cremation of a stillborn child, by virtue of the new section inserted by amendment 1018. A health body may make arrangements for the remains to be buried or cremated. In the first instance, the health body must wait seven days between being authorised to make the arrangements and making those arrangements. That period is included to allow for the person who authorises the health body to change their decision. However, the amendment allows the person who authorises the health body to indicate that they do not wish to wait seven days. That means that there will be no delay when a burial has to take place quickly for religious or cultural reasons. Amendment 1020 provides health bodies with a general power to make arrangements for the burial or cremation of the remains of a stillborn child when it appears that no other arrangements are being made. Other amendments provide a process for making such arrangements, but in cases in which, for whatever reason, no arrangements are made, this amendment allows for a health body to make those arrangements. Amendments 1030 and 1046 reorganise the definitions of “health authority”, “health board” and “independent health care service”, by removing them from section 50 of the bill and putting definitions for those latter two expressions into section 75—the general interpretation section of the bill. The definition of “health authority” is no longer needed. Amendment 1045 changes the meaning of “fetus” so that it includes embryo, ensuring that provisions relating to pregnancy loss include those at the embryonic stage. I move amendment 1009. Amendment 1009 agreed to. Amendments 1010 to 1016 moved—Maureen Watt—and agreed to. Section 47, as amended, agreed to. After section 47 Amendments 1017 to 1020 moved—Maureen Watt—and agreed to. Section 48—Disposal of remains: nearest relative

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Health and Sport Committee 08 March 2016

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