Chamber and committees

The principal legislation which applies to the disposal of ashes at crematoria is the Cremation (Scotland) Regulations 1935. Specifically, Regulation 17 sets out the legal requirements when disposing of ashes following a cremation.

The Commission’s remit includes considering existing legislation, with particular reference to the Cremation Act 1902 and the Cremation (Scotland) Regulations 1935, in order to identify gaps, inconsistencies and weaknesses and to make recommendations on what issues should be addressed in future legislation.

The Government has already committed to updating existing burial and cremation legislation. That work is due to commence next year and will be informed by the Commission’s findings.

It is important we learn lessons quickly to ensure no bereaved parent or relative ever again goes through the additional distress caused by this type of experience.

A full public inquiry would be likely to take several years to complete its work, which would delay indefinitely current plans to update existing burial and cremation legislation and might also possibly delay the implementation of any new guidance.

The Infant Cremation Commission, by contrast, will report its recommendations by the end of this year, ensuring that the lessons learned can inform the development of any new guidance as soon as is possible, as well as influence the upcoming legislation development.

It is not expected that the Commission will need to compel witnesses to give evidence. All key stakeholder organisations involved in the management of crematoria and the handling of cremations are represented on the Commission and have accepted the remit.

The investigation of specific incidents or allegations relating to any particular cremation or crematorium remains the responsibility of the relevant cremation authority or, if applicable, the police or Procurator Fiscal service.

The Commission has now issued a public call for written submissions from any interested parties. The Commission understands that individuals responding to this call for submissions may wish to set out their own personal experiences in order to provide context to their comments.

The Commission has been asked to report to Scottish Government by the end of 2013. Responsibility for implementing its recommendations will depend on the detail of each recommendation.

Recommendations around professional guidance or practice may be for Scottish Government, Cremation Authorities or for professional bodies.

Recommendations about legislation, however, will be for the Scottish Government to take forward in the first instance.

SCOTTISH PARLIAMENT

WRITTEN ANSWER

30 May 2013

Index Heading: Health and Social Care

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government what the projected cost is of the commission to examine the policies and practices in place for handling ashes and cremated remains.

(S4W-14859)

Michael Matheson: As the main costs will relate to the reimbursement of reasonable expenses incurred by Commission members, it is not possible to provide a more definite projected cost at this time.

Our expectation is that the costs incurred will not exceed £100k. These costs will be met by Scottish Government.

Meetings with officials

All groups include housing association representatives, and all discuss health and social care integration in relation to their interests.

Older People’s Housing Strategy Monitoring and Advisory Group (former Wider Planning for an Ageing Population Working Group)

15 June 2012

29 November 2012

Minutes available at:

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/access/ROOPH

Housing Support Forum

25 January 2012

24 May 2012

27 November 2012

Minutes available at:

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/access/housingsupport/Page4

Adaptations Working Group (work now concluded)

30 January 2012

16 March 2012

23 April 2012

12 June 2012

12 September 2012

29 October 2012

Minutes available at:

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/access/ROOPH/ADWG

Preventative Support Working Group (work now concluded)

8 February 2012

18 April 2012

26 June 2012

Minutes available at:

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/access/ROOPH/PSWG

Housing Association representatives attended consultation events during summer 2012

28 May

4 July

5 July

19 July

Officials provided input for a housing seminar

6 June 2012

Ministerial Meetings

The Deputy First Minister met with the Chief Executives of Bield, Hanover (Scotland) and Trust Housing Associations on 28 March 2012.

The Cabinet Secretary for Health and Wellbeing will meet with Chief Executives from Bield, Hanover and Trust Housing Associations on 12 September 2013 to discuss housing’s vital role in supporting the integration of adult health and social care.

At the January 2013 Delayed Discharge census the number of adults aged 18-65 recorded as delayed discharges was 110, comprising of 58 standard and 52 code nine delays.

Code 9 delays are patients who are delayed due to circumstances out with the control of either the Health Board or local authority, for example Adults with Incapacity who require a Guardian to be appointed. These delays are recorded separately within the census.

The Crown Office and Procurator Fiscal Service have not received any criminal reports regarding the inappropriate disposal of baby ashes in any crematoria.