Chamber and committees

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 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.

SCOTTISH PARLIAMENT

WRITTEN ANSWER

28 May 2013

Index Heading: Governance and Communities

Jackie Baillie (Dumbarton) (Scottish Labour): To ask the Scottish Government, further to the answer to question S4W-14486 by Margaret Burgess on 8 May 2013, on how many other occasions the minister has (a) met and (b) written to a UK minister regarding welfare reform and when.

(S4W-14851)

The following corrected answer was issued on 31 May 2013

Margaret Burgess: Scottish Ministers meet with and write to UK Ministers on a regular basis.

The Minister for Housing and Welfare has met with UK Ministers on three occasions to discuss welfare reform. These meetings took place on 19 September 2012,
17 December 2012 and 6 March 2013.

The Minister has also written to UK Ministers on: 13 December 2012; 20 December 2012; 9 January 2013; 10 February 2013; 15 February 2013; 27 February 2013;
26 March 2013; 28 March 2013; 15 April 2013; and 23 May 2013 in relation to welfare reform matters.

As explained in the answer to question S4W-14488 on 8 May 2013, total costs involved in rehousing homeless households are variable and depending on a range of individual and local circumstances. It is not possible for the Scottish Government to produce meaningful estimates of national figures on such costs.