New burial laws proposed in wake of baby ashes scandals

The Scottish government plans introduce new legislation on burials in response to baby ashes scandals.

Proposals have been made to introduce a legal definition of ashes in a bid to prevent any future incidents like those at Mortonhall crematorium.

The Burial and Cremation (Scotland) Bill will require authorities to retain details of both burials and cremations.

Public health minister Maureen Watt said the legislation was an "important step forward".

The legislation was brought forward after it emerged that staff at Mortonhall in Edinburgh had secretly buried the ashes of babies for decades without their parents' knowledge.

Parents were told that there were no ashes left when young babies were cremated, with more than 250 families affected in what a damning report termed a "great tragedy".

Further cases were reported in Aberdeen, Fife and Glasgow.

New legislation was recommended by Lord Bonomy's Infant Cremation Commission.

The Burial and Cremation (Scotland) Bill updates legislation that dates back 100 years, and if approved would give ministers the power to regulate the funeral industry.

It sets out a legal definition of ashes, requires authorities to keep details of burials and cremations indefinitely as well as details involving stillborn babies and lost pregnancies.

Ms Watt said it was aimed at "bringing the governance of burials and cremations in this country into the 21st century".

She said: "Our wide-ranging proposals aim to standardise burial and cremation practices across Scotland and provides for better scrutiny and governance of those who are tasked with this important and sensitive role.

"We cannot forget that parts of this legislation have arisen from some very tragic circumstances.

"I have written to those parents affected by the historic practices of certain crematoria and who have been involved in the work of the National Committee on Cremation, to give them more detail about the contents of the bill.

"The Burial and Cremation (Scotland) Bill will provide the legislative framework to ensure this can never happen again."

The changes have been welcomed by industry bodies.

Richard Powell, secretary of the Federation of Burials and Cremations Authorities, said his group was "supportive of the move to modernise legislation".

Jim Brodie, of the Society of Allied and Independent Funeral Directors, added: "We are pleased to be engaged in partnership with the Scottish government in reviewing and modernising the legislation surrounding cremation and burial."

Families caught up in the Mortonhall scandal were offered legal settlements by City of Edinburgh Council earlier this year.

Many are represented by Thompsons Solicitors, and Lindsay Bruce from the firm said the new legislation marked "real progress".

She said: "The most important thing is that it puts bereaved parents at the centre of decision making. Never again will parents be ignored or their wishes circumvented.

"If this legislation had already been in place it would have prevented some of the appalling practices that have been routine in crematoria across Scotland for years."