New Southgate Cemetery [Lords]

Phillip Lee Excerpts

Tuesday 29th November 2016 Commons Chamber

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

I congratulate my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) on moving the Second Reading of this private Bill.

Building on the historical tone of the speech of my hon. Friend the Member for Christchurch (Mr Chope), I am pleased to participate in what is nowadays one of Parliament’s less-used procedures. Historically, this procedure has played an important role. Indeed, I understand that more than 37,000 private Acts have been passed since 1539. In the 19th century, most legislation was private business, which typically addressed issues as diverse as transport schemes, public works, permissions for divorce and the settlement of estates. These days, there is little need to use private Bills for such purposes. Like the Bill we are addressing, private Bills are promoted by organisations wishing to disapply or modify the general law in relation to their own powers.

The New Southgate Cemetery Bill does so to address an identified need for additional burial space in the cemetery. I should it make it clear from the outset that the Government do not oppose the Bill. As has already been explained, in addition to doing so for the cemetery company, the Bill provides powers for the National Spiritual Assembly of the Baha’is of the United Kingdom. The cemetery, part of which is owned by the National Spiritual Assembly, is an important Baha’i spiritual centre, so it is appropriate that the Bill will facilitate its continued availability as a burial place for Baha’is.

Before I address the Bill in more detail, I want to mention the issue of burial space more generally. There is increasing interest in this issue in the media, in the burial sector and, indeed, among parliamentary colleagues. Burial space is running out in parts of our towns, cities and countryside, but this is not a concern in other areas. Even within Greater London, the picture is not consistent. A 2013 York University cemetery research group audit indicated that there is acute pressure on burial space in parts of London, but that is not true across all of London.

There is already private legislation that, for almost 10 years now, has enabled public burial authorities in London to reuse graves, yet very few have done so. It is therefore not yet clear that pressure on burial space is a national issue requiring central Government intervention. Successive Administrations have kept the situation under review; I and my ministerial colleagues are considering whether that position should continue. Where there is local pressure, however, it is right for local solutions to address it. The Bill addresses the needs of New Southgate cemetery, and the Government do not wish to prevent the cemetery from remaining viable and continuing to serve its communities into the future.

I move on now to Government scrutiny of the Bill. As lead policy Department, the Ministry of Justice wants to ensure that the legislation is fit for purpose, with appropriate safeguards, and that the views of those most affected by it have been fully considered. We have therefore consulted other Departments and arm’s length bodies. I am grateful to the New Southgate burial authority for agreeing amendments arising from that process, including requirements for Historic England to be notified of any proposals and a requirement for remains to be reburied in an earthen grave as opposed to a structure above ground. I am pleased to note that the burial authorities have fully engaged with faith groups using the cemetery. I am grateful for the information provided on that, and having reviewed it am satisfied that the issue has been properly addressed.

[Mr Chope]

Is the information to which my hon. Friend referred on the public record—is it part of the Bill—and if not, how will it be put on the public record, so that people can be held to account for what they have said?

[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.

[Mr Chope]

Do the Government encourage the creation of more private cemeteries, and to what extent are they committed to what was said by the right hon. and learned Member for Camberwell and Peckham (Ms Harman) in a ministerial statement following the consultation? She said that it was the intention of the then Government to use powers under the Deregulation and Contracting Out Act 1994 to enable all parts of the country to have reused graves.

[Dr Lee]

The Government are conscious of the need to ensure that appropriate burial space is available across the country. My understanding is that need differs from region to region. We continue to consult and I expect to receive further information in the coming weeks.

On NSC accountability, the Bill provides significant recourse to users. NSC must give notice of proposals to extinguish burial rights, disturb human remains or remove memorials. Objection from the owner of burial rights amounts to a veto, and an objection from a third party is subject to directions by the Secretary of State as an independent third party. Objections from relatives to the disturbance of remains amounts to a 25-year veto. An objection from a third party is subject to directions by the Secretary of State as an independent third party. In addition, NSC has a published complaints scheme. I can confirm that the Government secured an amendment to require record keeping on the disturbance of remains and the removal of memorials.

Finally, I thank my hon. Friend the Member for Christchurch for securing the debate. I am grateful to all who have contributed to today’s proceedings.