New Southgate Cemetery [Lords]

David Burrowes Excerpts

Tuesday 29th November 2016 Commons Chamber

[Mr David Burrowes (Enfield, Southgate) (Con)]

I beg to move, That the Bill be now read a Second time.

This Bill relates to New Southgate cemetery, which serves local residents in my constituency and that of my right hon. Friend the Member for Chipping Barnet (Mrs Villiers). The cemetery is sited in my right hon. Friend’s constituency. She supports the Bill, but she told me that she had a long-standing commitment and could not guarantee her attendance here at a particular time. It is excellent to see her in her place now along with other hon. Friends who have neighbouring constituencies.

The cemetery serves constituencies in the north London area. In particular, it serves the religious communities in the area, including the Greek Cypriot, Roman Catholic and Caribbean communities. It also has a unique section, which is administered and owned by the Baha’i community for their loved ones.

The cemetery was opened in the 1850s by the Great Northern Railway Company as a more cost-effective north London alternative to the better known London Necropolis Railway, which carried corpses and mourners to the cemetery. Indeed, in 1854, the largest cemetery in the world was designed to accommodate all the deaths in London for centuries to come. That has not come to pass, which is why there is a need now for this Bill. In eight or nine years’ time, there will not be sufficient space in this cemetery to deal with the demand.

There is a history behind the railway company’s involvement. At the time, it set different charges for first class, second class and third class burials. In fact, I am due to go to a public meeting involving Govia, which will address issues of space that will affect the railway, and it is that issue of space that we are concerned about in this Bill. I am sure that, with support from across the House, we can make good progress tonight, which will enable me to get to my public meeting and to see this Bill on its safe passage.

The larger part of the cemetery is administered and owned by the private company, New Southgate Cemetery and Crematorium Ltd, which is the promoter of the Bill. The remaining part, which is administered and owned by the National Spiritual Assembly of the Baha’is of the United Kingdom, has particular cultural importance for the Baha’is as their spiritual leader, Shoghi Effendi, is buried there. The cemetery was near the place of his death in 1957, and it therefore has particular importance for the Baha’i community. The cemetery as a whole extends over 60 acres, with well-tended sections dedicated to different faiths.

The issue at the heart of the Bill is simple: there are roughly 44,000 grave spaces in all, and 180,000 interments have been carried out in the 160 years for which the cemetery has been open, which means that there are now only 1,700 available spaces in the main part of the cemetery and a maximum of 100 spaces left in the Baha’i section. There is, however, demand for about 175 burials a year in the main part of the cemetery and about 10 a year in the Baha’i section. Space in both sections is likely to run out in nine or 10 years’ time, which causes problems for the local community and for the Baha’is and other groups that use the cemetery.

Attempts have been made to address the issue, and the local authority has not been willing to go down the route of acquiring additional land, which is why there is a problem. The Bill seeks to deal with the problem by allowing the reuse of areas of the cemetery where a burial has not taken place for at least 75 years, enabling the promoters to extinguish existing rights of burial and reclaim graves that have not been used for 75 years. In addition, a method to create extra space known as lift and deepen—that is fairly graphic, but it is the term used in the trade—would also be allowed, through which graves are excavated to their deepest depth, with all the remains placed in a casket and re-interred at the bottom of the deeper grave. That creates additional space above the re-interred remains.

[Dr Matthew Offord (Hendon) (Con)]

In the last Parliament, I asked the then Minister about the number of graves for which permission had been considered for lift and deepen. He replied that local authorities were able to do that, but none had. Will my hon. Friend please explain why we need to do this now when we have the London Local Authorities Act 2007, which permits lift and deepen?

[Mr Burrowes]

My hon. Friend is right. Parliament granted local authority-run cemeteries in London the power to reclaim graves in the 1970s and the power to lift and deepen in 2007. I understand that the City of London has made good use of the powers to reclaim and to lift and deepen in a cemetery in Newham without adverse reaction, while providing a sustainable future. In reality, the powers are available to cemeteries run by local authorities, but not cemeteries in the private sector. This Bill would seek to put the promoters on an equal footing with municipal cemeteries, which I would hope that Government Members supported.

[Mr Christopher Chope (Christchurch) (Con)]

I am grateful to my hon. Friend for giving way, and I am sorry that I was not in the Chamber for the beginning of his speech. Is it not right that the 2007 legislation has not been used by any local authority other than the City of London and that the cemetery in Newham is on consecrated land, where special rules apply? As I understand it, this Bill will not apply to consecrated land.

[Mr Burrowes]

I am grateful to my hon. Friend for his interest. Time will tell how many will take up this opportunity; this is a particular issue that affects London, and although successive Governments have not said that it needs to be a universal power across the country, there has been recognition of its critical importance in London. Newham has taken up the power and I understand that Kensal Rise is looking at the progress of this Bill and considering taking the powers further.

My understanding is that most of the land in New Southgate cemetery’s ownership is consecrated and that the safeguards that ensure proper consultation with the diocese will apply. They will be particularly pertinent to this Bill. The difference with municipal land is not whether the land is consecrated but the fact that it is in different ownership, and we want an even hand.

The Bill is critical because the communities that the New Southgate cemetery serves do not generally choose cremation. For the Greek Cypriots, it is not allowed, and in the Caribbean communities burial is the preference of 99%. Burial is also the strong preference of Roman Catholics, who are strongly represented around the area served by the cemetery. The Baha’i community also has a requirement to bury and not to embalm or cremate.

The Bill will enable the creation of more spaces in existing graves and ensure a sustainable future. It provides adequate safeguards; it ensures that there will be notices, that objections from relatives or owners will be heard, and that Historic England and the Commonwealth War Graves Commission will be involved as regards proper respect for the heritage of those sites.

[Mr Chope]

The Bill does not specify the means by which old graves may be reused. My hon. Friend referred to a process called lift and deepen; is that the specific and only process that the promoters of the Bill have in mind?

[Mr Burrowes]

Unused graves can be reclaimed by allowing the exclusive right of burial to be properly extinguished. The alternative is through lift and deepen. If there are alternative directions from the Secretary of State, we will no doubt hear them from the Minister. It will reassure my hon. Friend to know that there are powers in clause 4(10) for the Secretary of State to provide additional direction in relation to the powers, if that is considered appropriate.

[Mr Chope]

My hon. Friend may have addressed this at the beginning of his remarks. The predecessors in title of the present company that owns the cemetery sold off vast areas of land that were attached to the original Victorian cemetery. If all that land had not been sold off, the issue would not have arisen. Is this not a case of a commercial organisation, having sold off a lot of its surplus land for housing, trying to use the land it has in a different way, arguing that it has not got enough space?

[Mr Burrowes]

My hon. Friend is trying to reach into the motivations and the history. At the beginning of my remarks I referred to the history and the involvement of the Great Northern Railway. The original aspiration was that the cemetery would serve the interests of Londoners for centuries, but that did not happen. We can go as far back in history as my hon. Friend wants, but we are where we are now. Although there is inevitably some commercial motivation for a sustainable commercial future, it is undeniably the fact that for the communities that the cemetery serves, there is an interest in ensuring that there are adequate graves available for their burials.

The consultations that have taken place have not led to any petitions. They have led to understanding and support for the in-principle situation. There needs to be a level playing field between the powers available for municipal cemeteries, which have also taken an interest in how much land is available as municipal land, and for privately owned cemeteries, which should have the proper powers available to them. I therefore commend the Bill to the House.

--- Later in debate ---

[Mr Chope]

I take very much the point my hon. Friend makes, and it is symptomatic of the change in the character of large parts of our country and particularly, for the purposes of this debate, of London. There is now a much increased number of members of the Muslim faith, for example, living in the United Kingdom. However, that is surely an argument for the local authority to facilitate the making available of more land to meet the religious needs of this very important part of the community, rather than an argument for saying, “We are so short of land that we are going to reuse the graves of those who were previously buried in the New Southgate cemetery.” I can understand why the Bill is being promoted, but I cannot understand why a sensitive local authority would not help to provide more land.

[Mr Burrowes]

I appreciate my hon. Friend’s interest in the Bill, but the crucial point is that the promoters are not the company that sold the land before 1976, but the company that bought the cemetery to run it, as set out in the recital. The only sale that has taken place in relation to that company is to the Baha’is.

[Mr Chope]

As I understand it, part of the cemetery was sold to the Baha’is because one of their religious leaders died while he was visiting London in 1957, and he was buried in the cemetery. That is why it is a place of particular pilgrimage and interest to people of the Baha’i faith. However, as my hon. Friend may have said earlier, it is not just Baha’is who are buried there. Our great hero Ross McWhirter is buried in the cemetery—it is some 40 years since he was cruelly murdered by the IRA. A lot of distinguished people have been buried in this cemetery. If Ross McWhirter has now been buried there for some 50 years, under the proposals in this Bill it will be only another 25 years before his remains can be disinterred. That puts these issues into perspective. I expect that members of the Freedom Association, which was founded by his twin brother, with whom he established the “Guinness Book of Records”, will still be going there for a lot longer than 25 years. It may well be that the grave of Ross McWhirter becomes a place to which people would wish to conduct pilgrimages, in the same way as, I think, many years ago, Ross McWhirter discovered in deepest France the burial site of the person who made the first rugby ball, and following that discovery, that grave itself is now visited by rugby enthusiasts.

We must not deal with these things lightly—I am not suggesting that my hon. Friend the Member for Enfield, Southgate is doing that—but there is a potential solution to this if there was more co-operation from the local authority.

--- Later in debate ---

[Mr Burrowes]

With the leave of the House, I thank everyone for their involvement in the debate, and my hon. Friend the Member for Christchurch (Mr Chope) for ensuring that the Bill is scrutinised. I very much value and support that. As he said, it is inspirational, as always, to look at things in such detail.

The Bill deals with a sensitive matter with far-reaching effects, but it is particularly pertinent, as my hon. Friend the Minister said, that we have a local solution. I am grateful for my hon. Friend’s support and for the support of my right hon. Friend the Member for Chipping Barnet (Mrs Villiers) and my hon. Friend the Member for Hendon (Dr Offord). It is proportionate and in line with other legal powers, and will be of great benefit to residents of the local area and to many religious and cultural communities, particularly the Baha’is, who will require the availability of burial sites at the cemetery. The Bill and its powers are required, as will no doubt need to be proved in the Select Committee. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time and committed.