Funeral Directors: Regulation Debate
Full Debate: Read Full DebateSimon Hoare
Main Page: Simon Hoare (Conservative - North Dorset)Department Debates - View all Simon Hoare's debates with the Department of Health and Social Care
(1 day, 9 hours ago)
Commons ChamberThe hon. Gentleman is absolutely right and I am about to make exactly that point. I am grateful to him for teeing it up so beautifully for me, because it takes only one business to do the wrong thing to erode trust, but unfortunately the case of Elkin and Bell is not the only case. There have been similar cases at Legacies Independent in Hull and Florrie’s Army in Leeds, which I think is the case he refers to, where deceased babies were staged in lifelike positions in a living room. These are unspeakable and unimaginable horrors. There have been other cases where bodies have been found in the most unimaginable condition, but no further action could be taken by the police or others because, simply and incredulously, those businesses have not actually broken any laws.
The Minister will know that this is the second Adjournment debate on this issue that he has had to respond to in these last several months. Given the fact that most practitioners want to see regulation and the public want to see regulation, does my hon. Friend share my concern that the Government seem to be very slow on this issue—unless the Minister is going to give us some earth-shattering news this evening? This is too vital and important a set of circumstances just to leave to an unregulated marketplace in continuation; it needs regulation and it needs it quickly.
I thank my hon. Friend for listening to me on this issue when he was the Justice Minister, when I first brought his attention to the situation. The points he makes are absolutely right. Over the past couple of years I have met the two voluntary trade bodies for the funeral sector, the National Society of Allied and Independent Funeral Directors and the National Association of Funeral Directors, as well as countless reputable funeral businesses and, crucially, many of the families impacted by these cases. I am so grateful to all of them for the time that they gave me, but as my hon. Friend said, every single one of them has stressed the need for the sector to be better regulated. I echo his calls for the Minister to give us some good news on that in a minute. That is important for everybody; otherwise, all those who carry out their work with such enormous care and diligence will have to operate under the shadow of suspicion. We owe it to them as much as anyone else to get this right.
The Minister knows that malpractice is not uncommon. Quite simply, taboos and sensitivities around death have effectively created a smokescreen for bad care. I am especially concerned about one area: the rise in direct cremations. For those who do not know what that is, it is where the loved ones do not see their deceased at any point in the journey. In their cases, there are absolutely no safeguards, checks or balances. The key thing here is that direct cremations have expanded hugely in the last few years, partly as a result of covid, from just 3% of funerals in 2019 to 20% in 2023.
We all see the charming adverts on the television in which an elderly gentleman explains with a smile that he has arranged for himself a direct cremation. He says, “I just didn’t want any fuss. It is much easier for my children.” We know that some very reputable and caring businesses do this process, but if the children knew what direct cremation might be, they would know that it might be little better than a conveyor belt. Mum and dad may be bundled into a van, maybe still in their soiled nightclothes, with a catheter attached and without any form of temperature controls. They could be taken to an unknown location and left for days before a slot becomes available at a crematorium. Who knows? In the hands of an unscrupulous company—who knows which ones they are?—it is all too possible for any human dignity and respect to become a completely unnecessary complication and expense in this process.
The only requirement before cremation takes place is that the body needs to be rid of objects such as pacemakers and other medical equipment. That was another part of my journey through understanding this process. This surgical procedure is carried out by embalmers, who also drain the body of blood in order to replace it with embalming fluid and remove the contents of the stomach. I was really shocked to learn that that can be performed without any accreditation or qualification whatsoever, and with no minimum standards of care for the body. That is not to say that there is not a form of qualification—the British Institute Of Embalmers provides professional training, and reputable companies such as Co-op funeral directors require a level 5 apprenticeship qualification for their embalmers—but it is not mandated to be able to practise.
In a nutshell, if the political career of any one of us in this room did not work out, we could walk out of here and set up our own funeral home—in our house, if we wanted to—with no special skills or accreditation and nobody inspecting our work. With that as the starting point, who can ever say for sure that their family member was treated with the appropriate professionalism? I have a question for the Minister; I know he has been hoping that I would get to this for some time. What can the Government do to restore trust in this sector? It is unfair on those who practise with enormous integrity that their professionalism is being called into question.
The Minister will know that the Fuller inquiry was set up in the wake of the crimes of the necrophiliac David Fuller, who abused 100 dead women and girls in a hospital mortuary in Kent. Those women were between the ages of nine and 90. In the wake of cases such as those in Hull and Gosport, Sir Jonathan Michael, who led the work into the Fuller report, was asked by the Government to prepare stage 2 of the report, which considers the wider funeral sector and those working in it. The report was published last July and includes some very sensible recommendations, including a statutory regulatory regime for funeral directors that invokes a licensing scheme, mandatory standards and regular inspection.
Dr Ahmed
The hon. Gentleman is clearly reading my speech. I can assure him that meetings had taken place before my appointment as the Minister responsible for the aspects of the regulations relating to the Department of Health and Social Care. I can also confirm that further meetings are taking place, at my instruction, with the relevant Departments—hosted by me in the Department of Health and Social Care—so that we can genuinely move forward. I know that there is consensus across the House that we must move forward, genuinely and expediently, not only in aligning lines of demarcation and responsibility across those Departments, but in genuinely working together and showing leadership on this issue. I shall be happy to keep the hon. Members who are interested updated on those meetings when they take place.
This is a complex and sensitive matter that requires careful and thoughtful consideration to safeguard the rights and dignity of those who have died, to support their bereaved families, and to ensure that any measures taken are proportionate, given that we are working with a number of small and medium-sized enterprises. To support this work, I am continuing to discuss progress and next steps with relevant Ministers across Government, as I said in response to the intervention from my hon. Friend the Member for Leeds South West and Morley (Mark Sewards). The Government are continuing to consider all options to ensure that high standards are upheld consistently across the funeral sector, and that includes the possibility of introducing suitable and proportionate regulation for funeral directors.
As we discuss these options, we are clear about the need for the approach to maintain high standards, protect the dignity of the deceased and support bereaved families, recognising that any additional costs arising from regulation will ultimately fall on them. At the same time, we must consider the impact on the funeral sector itself.
The funeral sector comprises 6,500 private businesses across the UK, the vast majority of which serve their communities with compassion and integrity, as we have heard tonight. Some 85% are already members of trade bodies that provide guidance, codes of practice and voluntary inspection schemes. The Government are committed to reducing the administrative burdens of regulation on businesses by 25%, and that will contribute to our approach to regulation in this area.
Is the Minister, and other Ministers who are involved in this area, fully seized of the fact that this is a very unusual situation, in that the professional bodies and the lion’s share of practitioners are calling for regulation? It is very unusual that they want to see regulation.
Dr Ahmed
I am very cognisant of that fact. We will discuss in our interministerial meetings how we can involve the profession early in that regard.
While the vast majority of funeral directors already operate with professionalism, the actions of a small minority have undermined public confidence. We are determined to ensure the security, dignity and care of the deceased across all settings. That is why we are committed to setting out the Government’s decision on regulation in our full response to the Fuller inquiry phase 2 report in summer 2026.
Question put and agreed to.