To ask the Secretary of State for Justice, whether his Department has made an assessment of the potential merits of issuing national guidance to smaller burial authorities on recovering costs associated with the (a) removal and (b) regularisation of unauthorised gravestones and memorials.

To ask the Secretary of State for Justice, whether his Department has made an assessment of the potential merits of issuing national guidance to smaller burial authorities on recovering costs associated with the (a) removal and (b) regularisation of unauthorised gravestones and memorials.

Lords second reading. Agreed to on question. Bill committed to a Committee of the Whole House.

Lords second reading. Agreed to on question. Bill committed to a Committee of the Whole House.

My Lords, we often hear that death is one of the few certainties in life, yet the question of where people may be laid to rest is all too often treated as an afterthought in our planning system. This Bill seeks to address that omission through a simple but important...

My Lords, we often hear that death is one of the few certainties in life, yet the question of where people may be laid to rest is all too often treated as an afterthought in our planning system. This Bill seeks to address that omission through a simple but important...

My Lords, tomorrow, we will commemorate 250 years since the Declaration of Independence, which established the United States as a republic—it is still, as far as I am aware, supposed to be a republic. I mention that because one of its founding fathers, Benjamin Franklin, as the noble Lord, Lord...

My Lords, tomorrow, we will commemorate 250 years since the Declaration of Independence, which established the United States as a republic—it is still, as far as I am aware, supposed to be a republic. I mention that because one of its founding fathers, Benjamin Franklin, as the noble Lord, Lord...

My Lords, I too congratulate the noble Lord, Lord Mohammed of Tinsley, on coming so high in the ballot; I hope his luck continues in his dealings with the Government on the Bill. I am one of those who support his efforts. I, too, would have welcomed the presence of...

My Lords, I too congratulate the noble Lord, Lord Mohammed of Tinsley, on coming so high in the ballot; I hope his luck continues in his dealings with the Government on the Bill. I am one of those who support his efforts. I, too, would have welcomed the presence of...

My Lords, I am also very grateful to the noble Lord, Lord Mohammed of Tinsley, for bringing forward this Bill, and for the clarity of its purpose, which he spoke about.

This is a thoughtful and timely proposal for addressing an issue that other noble Lords have raised, which is clearly...

My Lords, I am also very grateful to the noble Lord, Lord Mohammed of Tinsley, for bringing forward this Bill, and for the clarity of its purpose, which he spoke about.

This is a thoughtful and timely proposal for addressing an issue that other noble Lords have raised, which is clearly...

My Lords, I will resist the temptation to talk about last thing on a Friday being the graveyard slot. This is a very serious topic. I thank the noble Lord, Lord Mohammed, for tabling this Private Member’s Bill and for giving me the opportunity to meet with him yesterday to...

My Lords, I will resist the temptation to talk about last thing on a Friday being the graveyard slot. This is a very serious topic. I thank the noble Lord, Lord Mohammed, for tabling this Private Member’s Bill and for giving me the opportunity to meet with him yesterday to...

My Lords, I thank everyone for their constructive comments. During the debate, my phone has been quite busy, particularly on the question of the attendance or not of the Lords spiritual. I have actually had a message from them,

which I would like to share with your Lordships’ House. It...

My Lords, I thank everyone for their constructive comments. During the debate, my phone has been quite busy, particularly on the question of the attendance or not of the Lords spiritual. I have actually had a message from them,

which I would like to share with your Lordships’ House. It...

To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment she has made of the potential impact of burial sites on downstream water quality during heavy rainfall.

To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment she has made of the potential impact of burial sites on downstream water quality during heavy rainfall.

To ask the Secretary of State for Justice, when his Department plans to respond to the Law Commission's recommendations on the reclamation and reuse of graves.

To ask the Secretary of State for Justice, when his Department plans to respond to the Law Commission's recommendations on the reclamation and reuse of graves.

To ask the Secretary of State for Justice, whether his Department plans to designate a national body with statutory responsibility for ensuring the adequate provision of nationwide burial sites; and what steps he is taking to ensure there are an adequate number of burial sites in the absence of such...

To ask the Secretary of State for Justice, whether his Department plans to designate a national body with statutory responsibility for ensuring the adequate provision of nationwide burial sites; and what steps he is taking to ensure there are an adequate number of burial sites in the absence of such...

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?

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?

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.

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.

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?

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?

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.

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.

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?

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?

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.

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 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?

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?

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”.

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”.