Cremation of Infants (England)

Baroness Chapman of Darlington Excerpts

Wednesday 8th July 2015 Westminster Hall

[Jenny Chapman (Darlington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I congratulate the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) on securing this important debate on behalf of his constituents, many of whom have campaigned so hard on this matter.

We have had a good debate and have heard some powerful contributions. Some important issues have been raised. This is the least appropriate time for any kind of political knockabout. I welcome our having this discussion here in Westminster Hall. I wholeheartedly support the Minister in her endeavours to move this issue forward. I know that she will approach this in the right way. She has the complete support of both sides of the House, and I am sure she knows that.

We have had good contributions from my hon. Friend the Member for Kingston upon Hull North (Diana Johnson) and the hon. Member for Banbury (Victoria Prentis). I particularly welcome the contribution of our colleague from Scotland, the hon. Member for Lanark and Hamilton East (Angela Crawley); I thank her for offering valuable insights and for the tone in which she offered them. That is very much appreciated.

I formally welcome the Minister to her post for the first time. I informally welcomed her to her post in the House of Commons hairdresser’s, but as exchanges in the hairdresser’s are not yet in Hansard—thank goodness! —I thought I should put that on the record.

[Mr George Howarth (in the Chair)]

Order. I think that is too much information.

[Jenny Chapman]

It is good to see a woman back on the Ministry of Justice team; it has been a while.

It brings me no joy to respond on behalf of the Opposition, because as hon. Members have said this is a deeply troubling topic. It is good, though, that light is finally being shed on this issue. It seems that, as the hon. Member for Banbury said, attitudes are changing to neonatal death and stillbirth, and to miscarriage. That is a good thing. It is now being recognised as grief: it is grief. However, sometimes it has been dealt with in a slightly different way. It is good that attitudes are finally beginning to change.

The availability of ashes after the cremation of an infant appears to have been dependent, at least in part, on the equipment and cremation technique used, and on how the relevant authority defined “ashes”. Neither the Cremation Act 1902 nor regulations made under it since provide a good definition. That is one of the problems that have emerged as we have discussed the issue today.

As we have heard and know from subsequent media reports, in some cases parents were told that no ashes would be recovered when in fact there had been ashes. I find this particularly shocking; those ashes were disposed of without the parents’ knowledge or consent. That is clearly wrong. It should never have happened, it must stop and I have confidence that the Minister will approach the issue and get it to stop. I am sure that all Members will share my sympathy and join me in extending our total support to bereaved parents who found themselves in that deeply unsettling position.

Members have gone through the recommendations of the various reports, so I will not repeat them, but I make it clear that Labour agrees with the Emstrey report. The Government should take steps to ensure a single and authoritative code of practice for baby and infant cremations. The Secretary of State should exercise his powers under the cremation regulations to appoint an independent inspector with powers comparable to those outlined in recommendation 63 of the Bonomy report. It is notable that that has already happened in Scotland. The inspector’s responsibilities should include the promotion of a single national code of practice on cremator technology and techniques for infant cremations so as to maximise the chances of the preservation of ashes that could be returned to the family. The cremation regulations should be amended in England, as they have been in Scotland, to give effect to the Bonomy commission’s definition of ashes. This is a bald, uncomfortable thing to say, but there is no point trying to sweeten it: the definition is

“all that is left in the cremator at the end of the cremation process and following the removal of any metal”.

The minimum standards of professional training and for continuing professional development should be introduced for crematorium supervisory and operating staff. A single official, reporting to a single Minister, should be given responsibility for co-ordinating the Government’s approach to cremation law and practice and for drawing together into a coherent whole the policies—including environmental policies—of different Departments on the subject. Arrangements should be made within Government for the Bonomy commission’s recommendations to be considered more widely for their applicability to infant cremation law and practice.

I know the Minister has studied the recommendations, and I welcome her timely statement issued today, but will she update us on what the Department is doing to implement the findings of the Shropshire report? It is important that we have something to go and tell parents following the debate.

Speaking before the election in response to the report, the right hon. Simon Hughes, the former Member for Bermondsey and Old Southwark and the Minister’s predecessor in her post, said:

“It is clear we need to have a much more consistent practice of burial and cremation across the country…We need to make sure we have absolutely the best standards in every part of the country and anything the inquiry recommends to me by the way of improved practice not just in Shropshire, but elsewhere, I would intend to follow.”

I have never agreed with anything he has said so much as I agree with that, and I hope the Minister agrees, too. Simon Hughes also indicated that changes would be made by the end of the year. Does the Minister’s Department still stand by that timetable? We know that a consultation has been proposed and could start very soon. Will she outline further details of the terms of that consultation? Which recommendations of the Shropshire report is she comfortable with going ahead on, possibly immediately?

In closing, I once again pay tribute to the hon. Member for Shrewsbury and Atcham for securing this debate. As we know, the issue was sadly not limited to Shropshire; it happened in many districts across the country. I am not sure we know how many districts and how many people have been affected. My hon. Friend the Member for Kingston upon Hull North has been campaigning on behalf of her constituents for many years. She mentioned one of those constituents, Mrs Tina Trowhill, who is demanding answers after she was told that there were no ashes following the funeral of her son William in 1994. I will finish on this point, because it sums it up well. Speaking to her local newspaper, Mrs Trowhill said:

“The crematorium system has changed a lot in the past few years but I don’t want it to ever slip back to how it was. There are still some changes I would like to see made”.

I pay tribute to her and all those who have been campaigning on this issue to try to ensure that no other parent suffers the misery they have gone through. I hope that the changes can be agreed and legislated for quickly.

[Mr George Howarth (in the Chair)]

Before the Minister begins, I should say that it would be helpful if she took into account that the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) would like one minute to sum up before we conclude.