Consultation Analysis Report on a proposed Bill relating to burial and cremation and other matters in Scotland

Overview/summary

What did the consultation cover?

5 Views were sought in relation to the following areas:

• The legislative framework;
• The right to instruct the disposal of human remains;
• The management of cemeteries;
• Burial and cremation records;
• Alleviating pressure on burial grounds;
• Exhumation;
• Pandemics and mass fatality events;
• Informing staff of particular causes of death;
• Cremation forms and procedures;
• Pregnancy loss;
• A cremation register;
• Accreditation of cremation authority staff;
• Inspector of crematoria;
• Regulation of the funeral industry; and
• Funeral poverty.

6 Questions were posed about particular issues, including broad concepts and detailed policy proposals. Additionally, respondents were invited to offer views on any relevant issue not otherwise discussed in the consultation paper.

Responses

7 The consultation paper was published electronically on the Scottish Government website. The link to the paper was sent to various stakeholders, including all Scottish councils and all territorial Health Boards (as well as several special Health Boards); the funeral industry, the legal profession, third sector and civic organisations and various other stakeholders.

8 A total of 181 responses were received by the closing date. A number of responses were received after the consultation had closed; while it has not been possible to include all of these in this analysis report, all comments received to the consultation will be considered in developing policy proposals for inclusion in the Bill. We would like to thank all those who took the time to respond to the consultation.

9 The respondents have been categorised as follows:

• Archaeology (4)
• Civic Scotland (2)
• Embalmer (1)
• Funeral directors (3)
• Funeral industry representative bodies (7)
• Graveyard specialist interest (5)
• Healthcare organisations (non NHS) (2)
• Individuals (106)
• Legal profession (1)
• Local authorities (25)
• Medical profession representative body (2)
• Miscarriage and infant loss charity (3)
• Miscellaneous (3)
• NHS special board (2)
• NHS territorial board (1)
• Older people interest (2)
• Private burial authority (0)
• Private cremation authority (4)
• Professional genealogy (2)
• Religious/ faith group (7)

10 In line with Scottish Government consultation practice, respondents were asked to indicate whether their response could be made public. Accordingly, all consultation responses which the Scottish Government has permission to publish (whether wholly or in part, including anonymised responses) are available on the Scottish Government website at www.gov.scot/Publications/2015/07/2101 They are also available from the Scottish Government library.

11 This report represents the end of the formal consultation process on the proposed Bill. However, ongoing stakeholder engagement will take place to help further develop policy proposals. This is discussed in more detail at paragraphs 174-175.