Lord Mohammed of Tinsley
To ask His Majesty’s Government what assessment they have made of the adequacy of burial provision in England and Wales; and whether they consider existing statutory duties on local authorities to be sufficient to ensure long-term burial capacity.
The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)
My Lords, we are aware of increasing localised pressure on burial spaces in some parts of the country. The Government do not have day-to-day operational responsibility for burial grounds, which are managed locally. At present, there is no statutory duty on local authorities to make provision for burial, so it is a matter for each authority to allocate local resources in line with local priorities
Lord Mohammed of Tinsley (LD)
I thank the Minister for the Answer, but, since I tabled this Question, a number of individuals and groups from Birmingham, Dewsbury and Croydon, as well as my home city of Sheffield, have been in touch with me, deeply concerned about the lack of burial provision, often provided by the council but also by individuals and organisations, often religious based. Clearly, the system at the moment is not working. Will the Minister consider looking at what else the Government can do to issue guidance? For example, when councils draw up local plans, they have space for homes, businesses et cetera. Could the Government not look at insisting that they also provide burial grounds?
Baroness Levitt (Lab)
We absolutely recognise the concerns, and I am grateful to the noble Lord for raising the matter. Local authorities’ independence from central government means that they are responsible for managing their resources in line with local priorities, which they are best placed to evaluate. That said, the Law Commission has recently issued its report on burial. As part of the Government’s response, we are keen to engage with a range of interested parties, including local authorities, because we want to understand how best to assist them with local provision and management of burial capacity for the future.
Lord Popat (Con)
My Lords, there are over a million Hindus and Sikhs living in this country who continue to face significant delays in securing a place at a crematorium, often long after their loved one has died. I have lobbied the previous Government on this issue, and I am pleased that the first ever Hindu crematorium will be opened by Anoopam Mission by the end of this year. However, this alone will not meet the demands of these communities, and we need greater provision both in London and Leicester. Can the Minister tell us what further steps the Government are taking to reduce waiting times for cremations and to ensure that families can carry out final rites within the time, as per the custom and practice?
Baroness Levitt (Lab)
Measures have been taken in recent years to update crematoria so that they better reflect and understand the needs of different cultures and faiths. To a certain extent, I must repeat my earlier Answer to the noble Lord, Lord Mohammed, that it is for local authorities to deal with this, because they decide what their priorities are, depending on the groups they represent locally. We are keen to engage closely with representatives from faith communities on all issues in relation to death management, particularly when we are considering our response to the Law Commission’s report.
Baroness Brown of Silvertown (Lab)
My Lords, one of the hardest things to do as an MP is meet with a bereaved parent. It is even worse if they tell you that they are worried about the funeral costs for their child. Can I take this opportunity to ask my noble friend the Minister whether all families under the children’s funeral fund will be exempt from fees charged for the cremation or burial of a child, and how this can be accessed?
Baroness Levitt (Lab)
My Lords, the Government believe that families who have suffered the unimaginable loss of a child should not have to worry about the cost of a funeral. The children’s funeral fund is not means-tested; it is available where the death of a child takes place in England, regardless of nationality, faith or residency status. There are similar schemes in Wales, Scotland and Northern Ireland. The cost is usually covered by the funeral provider and then the provider reclaims it from the fund. Families who wish to arrange the funeral themselves can access the fund and the details are on the GOV.UK website.
Lord Meston (CB)
My Lords, the excellent report last month from the Law Commission on burial and cremation law addresses the problems of burial grounds which are either full, closed, disused, poorly maintained or even lost. It makes specific proposals for the modernisation of complex and inconsistent laws, and it promises a draft Bill in, I think, 2028. Meanwhile, will the Government consider earlier implementation of those recommendations in the report that would not require primary legislation?
Baroness Levitt (Lab)
The Law Commission report, which we welcome, was published on 18 March this year and is the first part of a wider project that will also consider the legal framework for new funerary methods and the rights and obligations in relation to funerals and the deceased. That last sub-project is expected to conclude by the end of 2027 and, as the noble Lord rightly says, the Law Commission will publish draft legislation in mid-2028.
There is also a separate Law Commission project looking at offences against the deceased. All these things are interrelated. We will consider all the recommendations issued recently by the Law Commission and the various workstreams to see what is the most practical approach to publishing our response, including timing, to make sure that we do not do things piecemeal in a way that, in the end, makes things worse rather than better.
Lord Sandhurst (Con)
My Lords, the Law Commission has identified that an estimated 250,000 sets of ashes have not been collected from funeral directors, leaving them either unburied or unscattered. What consideration has the Minister given, or will she give, to following other countries such as Germany that mandate a final resting place for cremated ashes?
Baroness Levitt (Lab)
As with all matters relating to what happens at the end of life, these are sensitive, difficult and complicated matters. The Law Commission identifies that there can be many reasons why ashes remain uncollected, including people who simply cannot face going to pick them up. However, that does not solve the problem of them sitting on shelves, which is not an appropriate way to treat human remains. We will consider this matter carefully as part of our response to the Law Commission’s helpful and sensitive report.
Baroness Hussein-Ece (LD)
My Lords, private burial grounds in England and Wales are largely unregulated, compared with the local authority-run cemeteries and burial grounds mentioned by the Minister. Hundreds of burial grounds are subject to changes in private ownership and, as they are not regulated, there is no requirement for the standards we would expect from local authorities. I declare an interest as my family are buried in such a burial ground in north London, with totally unregulated, unscrupulous owners. They do not have to have a register of those buried there and unlawful exhumations are taking place. Will the Government try to bring private burial grounds in line with the regulations for local authority-run burial grounds to stop the scandals that are taking place?
Baroness Levitt (Lab)
I am very sorry to hear of the experience of the noble Baroness. That story draws attention to exactly why the Law Commission looked at this area in the first place. Our laws concerning how burial is governed are a patchwork; they are often inconsistent with each other, they are very difficult to understand and sometimes they do not appear to be entirely logical. That is why the Law Commission is proposing that they are all brought together. As I said earlier, it is sensitive and sometimes difficult, and there are odd anomalies. Noble Lords may be aware that people can be buried in their back garden if they want to: it is not a regulated thing. We need to look at this carefully and make sure that we get it right.
The Lord Bishop of Chichester
The Church of England has a responsibility and common-law duty to bury all members of a parish living within its boundaries in a churchyard according to the rites of the Church of England and, if it does not have a churchyard, it is dependent on municipal provision. So we have an interest in this. One of the things this says to us is the importance to all people of faith of their rites of burial. We in the Church of England want to promote that strongly. Following the Law Commission report, would the Minister be willing to speak with the Faith and Public Life department of the Church of England to look at historic churchyards under our care and how they are preserved, at what provision currently exists within our open churchyards and how that can be sustained and monitored, and at what scope there might be for opening and consecrating new churchyards?
Baroness Levitt (Lab)
I am grateful for the opportunity to reiterate the Government’s commitment to and respect for the beliefs of all our faith communities, many of whom have very strongly held views about what is appropriate at the end of life, both how it happens and the timing of it. The answer to the question of whether I would have a meeting is, “Of course”.