Funeral Director Services Regulation

Debate between Jim Shannon and Jake Berry

Wednesday 17th November 2021 Westminster Hall

[Jake Berry (Rossendale and Darwen) (Con)]

I beg to move,

That this House has considered the regulation of the provision of funeral director services.

It is a pleasure to serve under your chairmanship, Ms Rees, I think for the first time. Over recent years, I have had more to do with funeral directors and the service they provide than I would have liked. I start by placing on record my thanks for the work that they do, particularly during the covid pandemic, when they have dealt very sensitively with families in very difficult situations. Funeral directors are in charge of assisting families at some of the most difficult times in our lives, and the vast majority of them do so with an exceptional level of service and sensitivity.

I want to talk about an unfortunate case—an example of how it does not always go right—that happened to a family from Darwen, in my constituency. The family came to me with a complaint against K.C. Funeral Services, following an incident that happened at the burial of their uncle in Darwen cemetery on 22 January 2021. The incident was caused by the snapping of the straps used to lower the coffin into the grave. After the straps snapped at the mouth of the grave, the coffin fell more than eight feet into the open grave, resulting in the exposure of the remains of the deceased. Understandably, many family members and other mourners immediately left the funeral. The family had been led to believe by K.C. Funeral Services that enough members of staff would be in attendance to assist at the graveside, but the family did not believe that was the case. They felt, understandably, very distressed about the situation.

The family also noted that, in any event, even if they had not snapped, the straps used to lower the coffin into the grave were not long enough. In fact, if they had had to lower the coffin into the grave themselves, because of the lack of assistance from the funeral directors, they would have ended up lying on their stomachs at the graveside, lowering the coffin to the floor. It was a three-person grave, so it was very deep, and my deceased constituent was the first person to be interred.

This was an appalling incident, and I pay tribute to Father Brian, who is a well-respected and widely liked parish priest based at St Joseph’s and St Edward’s in Darwen. He assisted the family, arranged for the majority of them to go home, sent away the mourners who had come to pay their last respects, and organised the removal of the deceased’s body from the grave, which had to be undertaken by cemetery workers and the remaining family members. The body was then returned to the funeral directors and another coffin was sought. The body was cleaned, having been at the bottom of the grave, and a team of pallbearers completed the burial the following day, which was Saturday 23 January.

It is absolutely apparent to my constituents that K.C. Funeral Services had been lacking in many areas. Given the distressing story I have just recounted, I am sure that right hon. and hon. Members can see why they would come to that conclusion. It is their view that the minimum standards required by law, or by decency in many cases, had not been met. The incident was exceptionally traumatic for the family, who were already grieving the loss of a well-loved family member. Following the incident, they went back to see Emma Childerley at K.C. Funeral Services on 28 January, in order to ask her some questions about the normal operating practices of her business. They were made aware at the meeting that K.C. Funeral Services was not a member of the National Association of Funeral Directors or the National Society of Allied and Independent Funeral Directors. She confirmed to the family—it was the first time they had heard it, and I must admit that it was the first time I had heard it—that both registration schemes are voluntary. Some funeral directors, including the one I have mentioned, do not join such schemes, largely because of the cost burden of doing so.

In what I hope will be a relatively brief contribution, I want to address the gap in the regulations that enables some providers to operate with limited or no regulation. The regulations do not enable families who have suffered in this way, or who have any other grievance, to pursue the funeral directors through a professional body. That is what I hope the Minister will address as we move through the debate.

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Gentleman on securing the debate. I spoke to him beforehand, and the case that he has outlined is absolutely horrific. It beggars belief what happened. There is a need for regulation, and not just for those who are not members of funeral directors organisations. Does he agree that although it is welcome that funeral services are bringing in greater regulation of funeral provision, the date of July 2020 will potentially leave thousands of people with no redress, and this should also be retrospectively applied? Although there are independent funeral directors who are not members of an organisation, there are others who are members of an organisation and who pay into that, and they are not getting redress either.

[Jake Berry]

The hon. Gentleman’s intervention highlights how complicated this space is. There are competing interests trying to become the regulator of choice. I am not proposing, and do not intend to propose, the introduction of state regulation, but a strong indication from the Government on the direction of travel in relation to regulation would assist the funeral sector.

Let us be absolutely clear, as per my opening remarks, that the vast majority of funeral directors provide an exceptional level of service. The reason the story of what happened to the family in my constituency is so shocking is that it is so rare. Many of us who have had interactions with a funeral director, maybe when burying a family member or friend, can understand that having to deal with an appalling incident of this kind at the moment of maximum grief is a terrible thing.

Southend Hospital

Debate between Jim Shannon and Jake Berry

Wednesday 5th December 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Jake Berry)]

It is a great pleasure to serve under your chairmanship, Mrs Main. I congratulate the hon. Member for Birmingham, Ladywood (Shabana Mahmood), whose constructive approach to the debate has engaged those on both the Opposition and the Government Front Benches. Her speech showed her passion for supporting her constituents and ensured that, rather than having a political argument—the issue is probably above politics—we have engaged in a constructive discussion about what we can and should do, and how people can work together to achieve something. I intend to follow the same constructive approach in my response to the debate.

I am a bit of a libertarian, so I am not necessarily always in favour of introducing new licences or imposing new requirements on business. The hon. Lady said that some of her constituents like going to shisha bars. Funnily enough, I was talking to a reporter on my local paper, the Lancashire Telegraph, which covers Blackburn—just over the border from my constituency—where there are some shisha bars. Most of them are well run and managed, and I know that the hon. Lady will confirm that in relation to her constituency. Many are smaller businesses, and often family businesses. They provide people with a living.

Today’s debate is important, because the prevalence of shisha bars is something new for Britain and our society, and my Department of course is responsible for communities. It is exciting that there are new ways for people to relax that do not necessarily involve alcohol. When such changes happen in Blackburn, Manchester, London, Birmingham and elsewhere, we must look at the law and see whether it covers the current situation. I suppose the question we should ask is: what response to a new activity would be proportionate?

The law currently governs many of the spaces in question, but I accept the hon. Lady’s point about the complexity of the law and the need for multi-agency working. Many of the relevant provisions will be in planning legislation, including on such matters as the construction of ventilation and outdoor seating areas. There is a requirement to license outdoor seating areas. Environmental health will have a role and, of course, some of the more serious crimes that the hon. Lady mentioned must be dealt with by the police. We cannot expect—I know she is not asking for this—local authorities to control the most serious associated gun and gang violence through licensing law. Whatever we do—even if we bring forward a new licensing regime—we must not lose multi-agency working.

There are, of course, already severe sanctions for breaching the existing regulations and laws, including one of up to £2,500 for breaching the smoking ban, as has been mentioned. Antisocial behaviour closure notices provide the opportunity to close businesses, as we heard with respect to Arabian Nites—although the process the hon. Lady described was quite difficult. On that specific case, it is worth noting that obviously a licensing regime will not be a silver bullet. The venue was licensed and therefore was subject to existing licensing laws—particularly for alcohol. The hon. Member for City of Durham (Dr Blackman-Woods), speaking for the Opposition, said that it would require days of work by enforcement bodies, including the police, to reach the point where the licence would be removed. I suggest that under a new licensing regime where places were licensed for shisha rather than alcohol—or where there was joint licensing—it would still require days of work to prove that licences had been breached. Often the people running the businesses, as the hon. Member for Birmingham, Ladywood pointed out, rely on them for their living.

[Jim Shannon]

Would it be possible to regulate the businesses under council entertainment licences? Residents living close by who had concerns about antisocial behaviour or anything else could, through the application process, have input into whether a licence was granted. That would perhaps give control to the community.

[Jake Berry]

I am extremely grateful for that intervention, which draws me on to my next point. When we acknowledge that something new may have problems attached to it, we should next ask ourselves whether a national or local response would be better. I want to consider what can be done through existing local authority powers, whether through entertainment licences or by engaging in collaborative working. As has been identified, at the moment shisha bars tend to be in concentrated areas across England, but perhaps a national response is not the best one. I shall certainly ask my officials to look at the best practice that has been adopted in Manchester and Westminster. Whatever the outcome of the debate, we can probably all learn from that. Where local authorities have identified shisha bars as an issue for their area, or even a benefit, it would be worth their talking to each other and working together. I am sure there is best practice to be shared.

Oral Answers to Questions

Debate between Jim Shannon and Jake Berry

Thursday 23rd November 2017 Commons Chamber

[Jake Berry]

Representing the Department for Communities and Local Government, I find quite offensive the idea that giving funding direct to local authorities to support women in crisis in their community is in some way pulling the plug on them. We have been absolutely clear that we will continue to review the funding for care and support, and whether housing costs should be paid direct as grants to local authorities or not. We continue to explore all the options, including a national model for refuge provision.

[Jim Shannon (Strangford) (DUP)]

6. What steps the Government is taking to help (a) women and (b) men balance work with childcare responsibilities.

Breast Ironing

Debate between Jim Shannon and Jake Berry

Tuesday 22nd March 2016 Commons Chamber

[Jake Berry]

That is the point, but it is a mistaken belief, and one that has no place in any society, let alone ours here in Britain.

The words “culture”, “tradition” or “religion” come up when people try to explain this absurdly harmful practice, but as in the case of FGM, these words are just a thinly veiled excuse for a ritualised form of child abuse.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman brought this issue to the House on International Women’s Day. That evening I sponsored an event on domestic violence that was attended by more than 100 people. I had not heard about breast ironing until that day, but FGM and breast ironing, and their prevalence in our society, including here in London, were raised that night. Does he agree that we need zero tolerance when it comes to this practice?

[Jake Berry]

I will come to that. I hope that the Minister will say what steps we can take to send the message out loud and clear from this House of Commons that the practice is completely unacceptable, whether it happens in London, Birmingham or any other city, or whether young girls are being taken to Cameroon, Nigeria or elsewhere for it to be done over the school holidays. No one should think that they can get away with it in this country without fear of prosecution.

Rossendale Rail Link

Debate between Jim Shannon and Jake Berry

Tuesday 6th March 2012 Westminster Hall

[Jake Berry]

I am sorry. I will not.

In June 2009, a report on the potential reopenings of rail lines nationally by the Association of Train Operating Companies investigated the Rawtenstall-Manchester rail link. The report said that it had a good business case, with a rate of return of 1 to 1.8. That was the fourth best in the 20 or so schemes that were looked at nationally. It assumed a high capital cost, I think as an acknowledgment of the challenges of running a heritage rail operation and commuter light rail side by side, but it had a much more positive approach on potential demand than the Halcrow report. It is my view, as well as the local authorities’, that the ATOC report best reflects relative demand and is a piece of work that we would seek to rely on in the future.

When the multi-area agreement was put in place for Pennine Lancashire, it was recognised that the east Lancashire rail link was a regional, east Lancashire priority, and that remains the case. Investment has gone into the Todmorden curve linking Burnley to Manchester. In addition, the Manchester-Blackburn railway corridor has recently seen investment. That may have followed a similar Adjournment debate that I had with the right hon. Member for Blackburn (Mr Straw), and I hope that we will have such success following today’s debate. Looking at the investment in those two lines, it is clear that there is a gap in the middle, and an ELR proposal would complement the Government’s other programmes in the region.

As the Minister will be aware, in late 2009, Manchester’s bid to the transport innovation fund failed following a referendum. However, as part of the TIF bid, a provisional sum of £30 million was allocated to the Rochdale-Rossendale corridor for the ELR. The east Lancashire and west Rochdale area study commissioned by Atkins in early 2010 is involved with a range of partners and has become focused on the ELR as it has progressed. The key issues investigated by Atkins focused heavily on the technical considerations of running a heritage rail operation in parallel with a modern commuter service.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Gentleman feel that a tourism potential could be realised if the rail link is opened? If so, how does he think the Government could encourage that to happen?

[Jake Berry]

I thank the hon. Gentleman. The heritage rail line is already open and has a huge tourism potential. I am sure that it will continue to contribute to our local economy.

Returning to the ELWRAS report, the local authority’s view is that that developing piece of work has never properly addressed the demand potential, the socio-economic issues and the wider transport benefits. The report has not been finalised, and we hope that when it comes out, it will give regard to our desire for a rail link. As long as the report is not publicly available, the proposals are hitting the buffers, and we are hoping that the Minister will be able to leave the sidings and get the project back on track.

Reports aside, the most compelling case for a rail link in Rossendale is the business case. Knowing that we would have this debate today, I contacted the Rossendale business leaders forum to take some of its views. Lisa Thompson, who is a director of ISSL, an IT company based in Rossendale, and who also runs St Mary’s chambers, a conference centre, said:

“On behalf of St Mary’s Chambers in Rawtenstall we struggle getting people from out of the area to use our facilities as the public transport is so restricted. It means that you have to drive and with the price of fuel this can put people off. With a rail link that connects the wider area such as Ramsbottom and Bury and of course into Manchester would get more people visiting the area and attending events that are held here.”

Peter Boys of B and E Boys Ltd, a major construction contractor in the area, thinks that a rail link is “essential”—it would improve transport links into Rossendale and provide greater employment, making Rossendale more attractive as a place to operate his business. In his view, it would catalyse the development at New Hall Hey and have fantastic effects on jobs and the local economy, extending all the way up the Rossendale valley, through Stacksteads and Bacup. He also believes that it would bring people from Manchester to use Ski Rossendale, Golf Rossendale and the Adrenaline Gateway, which are well known local tourist attractions.

Julie Green Jones of Rossendale, the largest bailiff company in the UK, said that she worked as a nationwide company, and a rail link would give much easier access to clients, many of whom arrive in Manchester on national rail and have to be picked up. She also said that the provision of such a link would encourage people to live in the Rossendale area and provide her work force with opportunities.

Contributions were also received from Bob Killelea of Killelea Structural Steelwork and Amanda Grundy of Golf Rossendale. They all largely supported the idea. Such businesses are not small businesses but major service companies, manufacturers and builders. They are exactly the sort of businesses that we are looking at to pull us out of recession. I cannot speak for the entire Rossendale business community, but Mike Damms of the east Lancashire chamber of commerce probably can. In his view, the principle of connecting Lancashire is already established through the Todmorden curve, which has a far smaller proportion of its population—4%—currently commuting into Greater Manchester, compared with Rossendale’s 50%.

The young people in Rossendale, with small terraced houses, can feel that they are in a social trap. The culture of Manchester—the bright lights of the city—is actually very nearby, but for them it is socially and culturally inaccessible. That is an important point: we need to support our young people into highly paid jobs in Manchester.

The Minister can see that the demand for such a rail link does not just come from one MP; it comes from two, and I know that more would have been here today if they could have made it. The demand does not come from one political party, one business or one local authority. In fact, I have never been involved with a campaign that has had such overwhelming support from all parties.

I hope the Minister will enlighten me on how we can get past this battle of the studies, where we seem to have several studies contradicting one another on the relative achievability of the rail link. I also hope that he will give some clear guidance to me and the local authority about how we can take forward the funding proposal and, where relevant, make available officials in his Department to meet me, the local authority and other local MPs.

I think we as a Government have a commitment to make the whole country the best place in the world to grow and start a business. Rossendale has a skilled work force. We actually have affordable land and huge business expertise, but we are excluded and marooned in terms of transport. This country’s recovery will be driven by small business, not from London, but out of towns such as Rawtenstall, Haslingden and Bacup. If the Government are serious about backing business, I hope they will be serious about backing the Rossendale rail link.