Coronavirus Bill

Yasmin Qureshi Excerpts

2nd reading & 2nd reading: House of Commons
Monday 23rd March 2020 Commons Chamber

[Yasmin Qureshi (Bolton South East) (Lab)]

It is clear from the words set out in sub-paragraphs 13(1)(a) and (b) in part 3 of schedule 27 that it is desirable for local authorities to consult with religious communities and groups in the event of a deceased person. However, that provision does not say that if a family or person objects to the cremation taking place, the local authority can still go ahead and cremate. I would like the Minister’s assurance that that is correct; or will the Bill be amended during its passage to say very clearly that if a person does not wish to be cremated, then a cremation will not take place?

Coronavirus Bill

Yasmin Qureshi Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Monday 23rd March 2020 Commons Chamber

[Penny Mordaunt]

I do not think that the hon. Gentleman understood what I set out at the start. This is how these powers will be activated. Some of them will be for the UK Government with regard to England, but it is absolutely right that it is the devolved nations that will switch the powers on, and it could be in very localised areas. Those decisions will be taken in response to a very dynamic situation, probably in COBRA. Having sat around that table, and knowing some of the decisions that may be coming down the line, I think that is appropriate.

Let me turn to some of the issues raised by the hon. Member for Torfaen (Nick Thomas-Symonds). I touched on social care in my earlier remarks. He is absolutely right that we must have those measures in place, and I hope that what I said about my hon. Friend the Minister for Care has gone some way towards addressing that. The hon. Gentleman is absolutely right about domestic violence, and we must be alert to the potential for an increase in demand for those services.

I thank the Second Church Estates Commissioner, my hon. Friend the Member for South West Bedfordshire (Andrew Selous), for tabling new clause 1, and the hon. Member for Rhondda (Chris Bryant) for supporting it. As my hon. Friend set out, the purpose of the new clause is to make provision for the postponement of the dissolution of the General Synod of the Church of England. The dissolution is to take place in July and will be followed by an election of the new General Synod over the summer. We support the new clause, which is consistent with the approach that the Government have taken to other elections.

Let me turn to other Government amendments, particularly on cremation, which many hon. Members have raised. For their engagement, I want to thank in particular the hon. Members for Bradford West (Naz Shah), for Birmingham, Ladywood (Shabana Mahmood) and for Bradford East (Imran Hussain), and my hon. Friends the Members for Peterborough (Paul Bristow), for Dudley North (Marco Longhi), for Stoke-on-Trent South (Jack Brereton), for Wycombe (Mr Baker), for Wealden (Ms Ghani) and for Meriden (Saqib Bhatti).

The policy that has been developed on dealing with excess deaths has involved all faith groups from the start. The purpose of the provisions is to ensure that people’s choices can be adhered to, that the dignity of the deceased is respected and that support services for families are in place, even in times of great stress. There should be no public health reason or capacity reason why someone who wished to be buried would be cremated. I hope that is very clear. I can give the House that reassurance. We have included further measures in the Bill. Local authority leaders will also want to reassure their communities in the coming days—clearly, it is local authority chief executives who will use these powers, if they are ever used. I also want to put on the record my thanks to Councillor Sharon Thompson of Birmingham City Council.

[Yasmin Qureshi (Bolton South East) (Lab)]

The provision states that it is desirable for a local authority or public authority to seek the wishes of the deceased person’s family or a place of worship if there is no next of kin. Saying that it is desirable to take their views into consideration does not mean that those views will apply if a local authority or public authority decides that a cremation is going to take place, under the legislation as it stands. The Government could make an amendment to clearly specify that if somebody does not wish to be cremated, they will not be cremated. That is missing from the Bill at the moment.

[Penny Mordaunt]

We have brought forward an amendment that gives those guarantees with regard to someone’s beliefs, religion or wishes. In addition, I stress that it has never been the case—there has never been any doubt about this—that somebody who wished to be buried would have to be cremated. There is no public health reason or capacity reason why that should be the case. We have worked from the off with all faiths to produce the guidelines, and the amendment was produced through consultation. I see no circumstance—and it certainly would not relate to these powers—in which somebody would be cremated against their wishes. I do not think I can give any more guarantees than that. That is absolutely not the intent of the policy and it is certainly not anything to do with the practice.

[Yasmin Qureshi]

Will the Minister give way?

[Penny Mordaunt]

I am going to make progress, but I thank all Members who have spoken to me over the past few days, in particular my hon. Friend the Member for Wealden, who has also been very helpful to me and Public Health England with regard to additional things we may need to do with funeral services.

The Government have tabled a number of other new clauses and amendments. New clause 16 relates to the industrial development cap. New clause 20 removes existing requirements for local authorities and councils to hold annual meetings. New clause 24 touches on issues that the hon. Member for Croydon Central (Sarah Jones) raised earlier in respect of suspending new evictions from social or private rented accommodation. What I said in my previous remarks about that applies. Amendment 27 will indemnify returning officers for the cancellation of polls. Amendments 79 to 82 relate to the use of video in extradition hearings. Amendments 55 and 56, on trading standards enforcement, relate to the enforcement of provisions on gatherings, events and premises. They widen the scope of those who can be given powers and bring proceedings for offences.

New clause 23 is concerned with biometrics, which are a critical tool used daily in support of our national security. The new clause establishes a time-limited power to enable the Home Secretary to make regulations, after consulting the independent Biometrics Commissioner, to extend the statutory retention deadlines for biometrics already held by the police and for national security reasons by up to six months.

--- Later in debate ---

[Mr Kevan Jones]

I ask the Minister to look again at the provisions in the Bill around the Mental Health Act 1983. I accept the reasons why having one doctor to free up capacity might be relevant, but could the Minister consider provisions under which one doctor signs and that is reviewed by a second doctor within a day or a very short period? Without that, some very vulnerable people could be left unprotected.

I accept the reason why elections have been postponed. However, in County Durham, we have a police and crime commissioner by-election due in May because of the death of the PCC. The acting commissioner is only in there for six months, so is there provision to extend his period by up to another 12 months? That will be needed, because the elections will not take place next year.

Lastly, I urge the Minister and the Treasury to do something for self-employed people.

[Yasmin Qureshi]

Earlier, I asked the Minister about cremation and I know that she gave me the assurance that no one would be cremated or buried against their religious wishes. However, with all due respect, assurances from the Minister are not the same as provisions in the Bill. The Bill still says that it is “desirable” to ask for views and to do something, but unless the body of the Bill actually states that nobody can be buried or cremated against their religious wishes, the law as it stands is that that is not compulsory—the idea is only advisable or only something to do with consultation. I say that because currently the legislation is that someone cannot be cremated without the consent of the person.

The precise reason why the Government introduced the legislation was so that they could circumvent that by putting in the provision saying it is “desirable”. In a court of law, “desirable” is not the same as saying “you must” or “you cannot cremate or bury somebody unless they wish that to be so”. That is the kind of guarantee that is required in the body of the Bill.