New Southgate Cemetery Bill [Lords]

(Limited Text - Ministerial Extracts only)

3rd reading: House of Commons
Tuesday 17th October 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

I congratulate my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) on moving the Third Reading of this private Bill. I associate myself with her comments and those of my hon. Friend the Member for Christchurch (Mr Chope) with regard to the former Member for Enfield Southgate. In addition to all those comments, which I support, I would say that if there is one thing I remember about him, it is his core decency. As a consequence, he really is a loss to the House.

As I said on an earlier occasion, we are participating in one of Parliament’s less used procedures. It is nevertheless significant, in that it enables organisations to seek to disapply or modify the general law in relation to their own powers. Our debate here today, like earlier discussions on this Bill, has been aimed at ensuring that the promoters have put in place, or have agreed to observe, appropriate measures to ensure the proper exercise of the modifications to the law that they seek. I am grateful to all hon. Members both here and in another place who have contributed to this important process during the Bill’s passage. The result is a comprehensive and robust set of provisions that will enable New Southgate cemetery to continue to serve its communities into the future while ensuring that appropriate safeguards are in place.

As I have said before, the Bill addresses the needs of New Southgate cemetery, and the Government do not wish to prevent the cemetery from remaining viable in this way. On Second Reading, I confirmed that I was satisfied with the engagement that the promoters had undertaken with faith groups using the cemetery. In a subsequent letter to my hon. Friend the Member for Christchurch, I expressed my expectation that in exercising the powers conferred by this Bill, the New Southgate cemetery burial authorities would continue to ensure that relevant faith and cultural sensitivities are taken into account and would continue to have due regard to available guidance and best practice. This issue was explored further in some detail in Committee. As a result, the promoters have given a written undertaking that before exercising any powers under clause 4, they will carry out a survey of the faith groups affected to ensure compliance with my expectations, and will publish their findings and proposed best practice. I am grateful to the Committee for securing this undertaking and to the promoters for agreeing to it.

Also as a result of discussion in Committee, the promoters have given an undertaking to publicise in a Greater London newspaper, within three months of Royal Assent, the power to extinguish burial rights in the cemetery. They have also given an undertaking that before exercising any powers under clause 4, they will carry out a nature conservation assessment of the cemetery grounds in accordance with the technical guidance current at the time. Again, I am grateful to those who have proposed and agreed to these undertakings.

Of course, giving undertakings is one thing and carrying them out is another. My hon. Friend the Member for Christchurch is rightly concerned to ensure that the promoters’ compliance with these conditions is demonstrated to Parliament. In answer to the question on tree protection, this particular cemetery will, in any event, be obliged to comply with any tree preservation orders that are in place. As my right hon. Friend the Member for Chipping Barnet indicated, the promoters have agreed to provide to the Ministry of Justice copies of the documentation arising from the three undertakings on the newspaper advertisement, the findings of the faith groups survey and best practice, and the nature conservation assessment. They will also be publishing the documents on their website. I give an undertaking of my own to the House today that on receipt of those documents, I will place them in the House Libraries, where they will be available for scrutiny by Members. I hope that that mechanism will satisfy the concerns raised by my hon. Friend the Member for Christchurch.

The promoters have given a fourth undertaking to the House—not to sell for commercial gain any memorial removed under sections 3 or 4 of the Act without the consent of the registered owner. Compliance with this condition will be monitored by means of the requirement for the burial authority to keep a record of each memorial that is removed and to deposit a copy of that record with the Registrar General. It would also be possible to scrutinise the burial authority’s accounts, which, as it is a registered company, are published.

In conclusion, I want to thank my hon. Friend the Member for Christchurch for securing this debate and for his diligence in seeking to put on record the means by which the promoters will demonstrate compliance with their undertakings to this House. I trust that the explanations provided have allayed his concerns, and I am grateful to all who have contributed to today’s proceedings.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With the leave of the House, I would like to bring in Theresa Villiers.