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Burial: Law Reform

My right honourable friend the Minister of State (Harriet Harman) has made the following Written Ministerial Statement. In 2001, the Government undertook to conduct a review of burial law, a survey of burial grounds, and certain other initiatives, in response to the recommendations of the eighth report on cemeteries by the Environment Sub-committee of the Environment, Transport and Regional Affairs Select Committee. Following preparatory groundwork, in 2004 the Home Office issued a public consultation paper on burial law reform and in 2006 we published a report on the responses. The survey of known burial grounds in England and Wales was also undertaken. More than 10,000 completed questionnaires were received. Although most people now opt for cremation, about 150,000 people are still buried in cemeteries and churchyards every year. Millions of graves are extant throughout England and Wales. It is right to expect sustainable, high standard, burial facilities for our communities. Yet, in some areas there are difficulties in finding sufficient, local space for new graves. Maintaining existing old burial grounds can also present particular problems. One solution which the Government have been urged to consider is the re-use of burial grounds after a suitable lapse of time. It is a solution which can offer sustainable land use for the future, and the prospects of keeping burial facilities in good order and near to the communities they serve. It is an option which has received wide support. The Government are now satisfied that it would be right to enable graves to be re-used in this way, subject to appropriate safeguards. For example, no grave should normally be re-used unless the last burial took place at least 100 years before. And families should have the opportunity to defer re-use of their relatives’ graves for at least another generation. We therefore intend to introduce measures which, using powers available under the Deregulation and Contracting Out Act 1994, will allow local authorities to re-use graves in their cemeteries, if they wish. At the same time, we will develop, in consultation with burial professionals and others, good practice guidance on the re-use of old burial grounds, the provision of burial space generally, and the maintenance of existing burial grounds. The 2004 consultation paper raised a number of other issues, in particular regarding the case for modernising the law relating to the regulation of burials and burial grounds.  Details of the Government’s response to these issues have been published today.  In general, we propose to introduce effective and affordable changes where legislative opportunities arise, and we will keep the need for further measures under review. In the mean time, there appears to be scope for making certain administrative and procedural improvements, and we propose to work with burial professionals to promote practical changes where they will improve the services available for bereaved people. Work on the responses to the burial ground survey of England and Wales has now been completed and a report on the findings has also been published today. The survey results indicate that less than three-quarters of burial grounds now have room to accept new burials, with only about 20 per of all designated burial land as yet unused. Burial grounds with unused burial space predict that the median time remaining until their land will be fully occupied by graves is about 25 to 30 years. There is considerable regional variation in these values, and while the survey results do not reflect trends and issues at a very local level, they suggest that there is particular pressure on burial space in predominantly urban areas, and that there will generally be increasing pressure over the next 10 to 20 years. Our survey has provided us, for the first time, with an essential factual basis on the number, size and usage of burial grounds. This will help inform future policy and operational development. Finally, concerns have been expressed in recent years about the action taken by some local authorities to make safe unstable memorial stones in their cemeteries. It is essential that gravestones and cemeteries are maintained in a decent and respectful way. Last March, in conjunction with government colleagues and the chairmen of the Health and Safety Commission and of the Local Government Association, I issued advice to all authorities on how managers should strike a more sensitive and proportionate balance between their responsibilities for ensuring safety in their burial grounds and the needs of visitors and memorial owners. I believe that our recent work and all the measures now proposed will go a long way to improve, modernise and secure local burial facilities for all those who seek a dignified resting place for their relatives and the preservation of our rich inheritance. Copies of Burial Law and Policy in the 21st Century: The Way Forward, the Government’s response to the consultation, have been placed in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies are also available on the Internet at  www.justice.gov.uk/publications/policyreports/buriallaw050607/htm. Copies of Burial Grounds: The results of a survey of burial grounds in England and Wales have also been placed in the Libraries of both Houses, the Vote Office and the Printed Paper Office. Copies are also available on the Internet at www.justice.gov.uk/publications/statistics.htm.