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
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 requirement to be authorised by a local authority and from having to comply with regulations on private burial. We do not believe that it is necessary for that kind of burial to be subject to that process or the regulations. Amendment 39 removes section 18 from the bill. Providing for applications for and recording the location of private burials in legislation is new and when the bill was being prepared, all aspects of private burial were placed together in one part of the bill. However, following further consideration and after discussion at the Delegated Powers and Law Reform Committee, it is clear that the same outcome can be achieved by removing section 18 and relying on powers under section 70. That will also reduce the number of delegated powers being created in the bill, which I know committees were concerned about. Amendment 129 adjusts section 73(2), which requires ministers to consult local authorities and others before making regulations under sections 16(1) and 17(1). The regulation-making power in section 17(1) is being removed by amendment 36 and section 17(2) is being expanded by amendment 38 to provide greater specifications on regulations about private burial registers. Amendment 129 therefore replaces the reference in section 73(2) to section 17(1) with a reference to section 17(2). Amendment 133 updates section 74, which sets out the parliamentary procedure that will apply to regulations made under the bill. The amendment ensures that section 74 accurately reflects some sections that provide regulation-making powers to ensure that the correct parliamentary procedure applies. I move amendment 33. Amendment 33 agreed to. Amendments 34 and 35 moved—Maureen Watt—and agreed to. Section 16, as amended, agreed to. Section 17—Register of private burials Amendments 36 to 38 moved—Maureen Watt—and agreed to. Section 17, as amended, agreed to. Section 18—Suspension of private burials Amendment 39 moved—Maureen Watt—and agreed to. Section 19 agreed to. After section 19 Amendment 40 moved—Maureen Watt—and agreed to. Section 20—Fees for burials Amendments 41 and 42 moved—Maureen Watt—and agreed to. Section 20, as amended, agreed to. Section 21 agreed to. Section 22—Exhumation of human remains
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...