Scottish Government
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Infant Cremation Commsison begins work

The Rt Hon Lord Bonomy, Chair of the Infant Cremation Commission, has announced the remit and membership of the group.

Following the first meeting of the Commission, Lord Bonomy has confirmed that the group has issued a call for submissions.  This will give bereaved parents, Local Authorities, cremation staff and other interested parties the opportunity to submit their views. 

Lord Bonomy said: “Although the membership of the Commission has been drawn from those with experience of the issues arising, the success of the Commission’s work is very much dependent upon the engagement and support of members of the public, particularly those affected by the trauma of infant death. We invite all who feel they can assist our work to do so by sending us their submissions in writing by July 19.”

Minister for Public Health Michael Matheson said: “I am pleased that Lord Bonomy and the members of the Commission have accepted the remit and can begin this important work. I believe that we now have the opportunity to make some real, positive changes, and the work and recommendations of the Commission will inform new legislation ensuring that these sort of incidents can never happen again.”

The full remit of the group has been agreed as below:

* To review the current policies, guidance and practice in Scotland in relation to the handling of all recoverable remains (ashes) following the cremation of babies and infants, and to make recommendations for improvement to ensure that: parents and other bereaved relatives receive clear and consistent advice and information about the disposal of such remains and have their wishes adhered to; and that any such remains are treated sensitively and compassionately.

* To consider 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.

* To consider existing practice and guidance in related fields such as the NHS and funeral services in order to identify gaps, inconsistences and weaknesses that should be addressed; and to make recommendations on the format and content of future guidance.

* To give guidance on the conduct of any investigations of historical practice undertaken by Local Authority or independent crematoria operators.

The Commission members are:

John Birrell, representing NHS Bereavement Coordinators;

James Blackburn, representing the National Association of Funeral Directors;

Ian Kearns from Inverclyde Council;

Helena MacLaren from the Miscarriage Association;

Ann McMurray from SANDS UK;

Tim Morris from the Institute of Cemetery and Crematoria Management;

Gillian Morton, Head of Midwifery at NHS Forth Valley;

Rick Powell from the Federation of Burial and Cremation Authorities;

Garrick Smyth from COSLA; and

Gavin Stevenson, Chief Executive of Dumfries and Galloway Council.

The Commission will not investigate individual cases, or the handling of any specific infant remains, and will report to the Scottish Government by the end of 2013.

Legislation on cremations in Scotland is set out in the Cremation Act 1902 and the Cremation (Scotland) Regulations 1935. Under these regulations ‘cremation authorities’ (the owners of crematoria) are responsible for the disposal of ashes following cremation.

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