New Southgate Cemetery [Lords]

Matthew Offord 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.

--- Later in debate ---

[Mr Chope]

As I said, I am not opposing the Bill. What is unreasonable is that land retained to bury the dead was disposed of, and now the owners of that land, who profited from the sale of it, are saying, “We have not got enough space. We need special powers to reuse graves.” There is a difference between reusing graves in a municipal burial ground, where a local authority is accountable to local people, and reusing graves in a private burial ground, where there is no such accountability.

What worries me is that the local authority has apparently been unhelpful in allowing an extension to this area so that there is more space for the burial of the dead. More land has been sold than is needed now, but as soon as this organisation seeks to purchase a bit more land, all sorts of problems are apparently put in its way by the local authority—the very local authority that, I suspect, developed the houses on the land that was sold to it originally.

[Dr Offord]

I would gently urge my hon. Friend to recognise that my right hon. Friend the Member for Chipping Barnet (Mrs Villiers), my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) and I have areas with great religious diversity, and the pattern of burial and cremation has changed in our constituencies over the years. Between 1997 and 2009, the number of cremations in London fell from 48,275 to 36,736, and the nature of our constituencies means that many people, for religious reasons, cannot be cremated, as people would have been previously, when the land was disposed of.

[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.

--- Later in debate ---

[Mrs Villiers]

I surmise that it is because the pressure on burial space is not so great as to require the use of such powers, but it is important that we equip cemeteries for the pressure that they will experience in the future.

[Dr Offord]

I may be able to help my right hon. Friend because when I was a councillor in the London Borough of Barnet, I was responsible for cemeteries, particularly the one in Hendon. The reason why the legislation was not used when I was the responsible cabinet member is that alternative locations were used. The Victorian planners of the cemetery originally decided that that land would not be used for burial, so we used those alternative locations, as well as other parts of the cemetery that were not originally intended for burials.

[Mrs Villiers]

I am grateful to my hon. Friend and constituency neighbour for supplying that information from his experience in the cemetery arena.

The powers conferred by the Bill would create new space for bereaved families. They would mean that a viable and sustainable burial ground could be preserved for the long term in the heart of the community it serves in my constituency. I am sure that the owners of the cemetery would, if they could, deal with the problem by acquiring additional land. However, the adjoining space is already built up with houses or is recreational land. Rightly, Barnet council wishes to preserve its recreational spaces and would be very reluctant for such land to be sold and used for cemetery purposes.

To return to the key point I made in my intervention, unless we reuse cemetery space and use the cemeteries we have more effectively, pressure will rise for the creation of new cemeteries. I have a particular concern about the pressure for new cemeteries in the green belt. There is already a proposal to create a natural burial ground in Arkley in my constituency, which is strongly opposed by the residents. The Bill would be helpful in creating sustainable burial space in pre-existing cemeteries. It will be important in helping to protect the green belt and our local natural environment. I urge the House to support the Bill this evening. I thank my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) for his great work on this legislation.

--- Later in debate ---

[Dr Lee]

As I understand it, the relevant religious groups have all been consulted, where those groups have an obvious representative to consult. I am happy to write to my hon. Friend with further details.

I have written to the Chairman of Ways and Means confirming that in my opinion the Bill’s promoters have fully assessed its compatibility with the European convention on human rights and that I see no reason to dispute their conclusions. However, I have noted two points: first, that the burial authorities will be required to act compatibly with convention rights in carrying out functions of a public nature within the meaning of the Human Rights Act 1998; and secondly that I am satisfied that other methods of developing burial space have been implemented as far as is possible. I therefore agree that the Bill’s powers are both justified and proportionate.

I turn now to the series of questions that my hon. Friend the Member for Christchurch raised. First, existing burial space can be maximised by something called mounding, which involves new soil being placed over existing graves to allow additional graves to be excavated; by cramming, which is where new graves are created in available spaces such as pathways; and by reclaiming unused space in existing graves. The latter can be applied only to private graves, unless under Church of England authority—so-called faculty. Outside London, only unused graves can be reclaimed. In 2007, the then Government endorsed the principle of reusing existing graves by the lift and deepen method, which saves on the cost on new land, avoids competition for new land, keeps burial local, represents a sustainable use of resources and provides a new income stream for burial authorities, in turn reducing local authorities’ financial liability.

My hon. Friend mentioned the cemetery’s selling off of land. We have dealt with the cemetery as it currently stands throughout. There is a need for additional space now and the Bill proposes all appropriate means of addressing that need.

My hon. Friend asked whether the 75-year period was long enough, referring in particular to the grave of Ross McWhirter. The Bill provides that graves can only be considered for reuse 75 years after the most recent interment. It also provides that relatives of the deceased can object; if they do so, the grave cannot be reused for at least another 25 years. In practice, therefore, a grave in which living relatives have an interest can be protected for 100 years.

My hon. Friend also mentioned accountability. As private providers, the NSC burial authorities are not subject to the same degree of statutory regulation as local authority providers. However, that is already the case regarding their existing management of the cemetery. There is no reason to expect that, as a subsidiary of one of the UK’s leading providers of cremation and burial services, NSC’s standards of operation and service would not continue to be upheld.

[Dr Offord]

Will the Minister confirm that private cemeteries are regulated and have obligations under the technical guidance on the reuse and reclamation of graves in London local authority cemeteries, as well as in municipal cemeteries?

[Dr Lee]

I need to consult before I can respond appropriately and will write to my hon. Friend accordingly.