Seán Ó Fearghaíl (Kildare South, Fianna Fail)

Tá áthas orm seans a fháil labhairt ar an ábhar tábhachtach seo atá os ár gcomhair inniu. Gabhaim leithscéal an Tí ar an chéad dul síos ar son mo chomhghleacaí an Teachta Niall Collins. Theastaigh uaidh bheith anseo chun déileáil leis an reachtaíocht seo ach leagadh as an Teach é. I commend Deputy Broughan for bringing this important matter before the House. As we move towards the start of the weekend,it could be said that we are taking the graveyard slot of the week's business, but that does not take away from the importance of the issues before us. Clearly, Deputy Broughan has committed significant time and thought to the issue. It is a particularly pressing issue in the greater Dublin area, but it will inevitably affect us in rural Ireland in due course. This is an issue that affects all of us, even more than taxes. It is an opportunity to reflect on the broader issues involved. While we are sceptical about aspects of the Bill, we welcome the chance to thrash out what is needed.

Reflecting on the subject matter I am reminded of the great parliamentarian Edmund Burke's view of the State as being founded on the profound link between the "dead, the living and the unborn" and our obligation to ensure the departed generations who once shared this island are respectfully treated. Graveyards are clear symbols and reminders of our past. They bear testament to the lives of the people who shaped the areas around them and bequeathed to us the country in which we live. Memorials to past generations, family members and friends are a repository of the history of a local area. Deputy Broughan has given as an example Glasnevin Cemetery in which are to be found the graves of national heroes who defined the country. The republican plot holding the men and women who defined the fight for freedom, the round tower-peaked tomb of the Liberator, Daniel O'Connell, and the grave of the great Charles Stewart Parnell who established political party politics as we know it today are resting places that attract visitors and commemorations.

On a human level, graveyards are the place of repose of loved ones and family members. They are the final resting places of those who may not fill the pages of history books but who make up the life of the country. How we treat the dead is a major part of our heritage and culture and reflects on our values. It is in this light that I welcome the chance to discuss the Bill and the wider issues around burial and cremation.

There are several issues I would like to discuss relating to the Bill, as well as the broader implications for burials and cremations across the country, including the cost of burials, the adequate regulation of current burial and cremation practices, as well as future developments in human disposal, the role of local authorites in regulation, the proposal in the Bill for a new regulator and the need for Government legislation.

The financial implications of funerals are often overlooked amidst the inevitable grieving that comes with a loved one passing away yet, it it a serious cost. The average price of €4,500 or €5,000 per funeral is a serious amount of money, particularly for those on low incomes. With 30,000 people passing away each year in Ireland, it means €135 million is spent on funerals every year. Access to plots is a growing concern for people. In County Kildare the sharp cost is clear - a plot will cost approximately €1,100 with an additional administrative fee of €120. One also cannot purchase a plot before the death occurs so there can be no advance purchase for family accommodation. There is a significant divergence of cost across the country in this regard. For example, in comparison to Kildare, in County Offaly a plot can cost €400. Funeral directors are reacting to the rising costs by avoiding securing the plot for the departed and leaving that issue to families to resolve.

Securing additional lands for graveyards is a growing concern for local authorities. We have seen the massive growth in population over the past 20 years throughout the country, but while the houses were being built little was being done by local authorities to provide for the long-term needs of people who wished to repose eventually in the communities in which they lived. Little was done by local authorities to ensure adequate graveyard space was provided. Kildare County Council is engaged in ongoing negotiations with landowners to expand its graveyard facilities as current grounds reach capacity. The opportunity to be buried locally, near their homes and beside their families and friends, should be available to all people. Tackling the rising costs of funerals and ensuring that adequate and appropriate grounds are available for burials must be the key goal in any legislation regarding burials and cremation.

Deputy Broughan raises the issue of privately run cemeteries and crematoria and the long-term financial sustainability of such operations. The prospect of a private operator going bust and leaving the graveyard in desolation is an appalling one. Clearly safeguards must be in place to ensure that the long-term future maintenance of such graveyards is assured.

These concerns lead me onto the crux of the Bill, a proposal for a new authority to supervise the industry. Deputy Broughan has put forward a plan for a new authority, the burial and cremation regulatory authority. This has been advocated by the national council of the Forum on End of Life in Ireland. While there is a clear need to provide effective regulation of the area, I am wary of this idea as a solution to the problem for two main reasons. The first is the potential cost to the taxpayer of the new body or quango being established and the second is the repercussions it has for the role of local government. We are living through a period in which the local authorities are to be divested of their responsibilities for the provision of water and sanitary services and now it is suggested that they be deprived of their role in the area of burial and graveyard maintenance.

People are justifiably sceptical about the establishment of an additional quango. The self-financing model from Ontario Canada that is advocated, with €25 per funeral going to the authority, might not work and I fear the additional costs will ultimately be borne by the consumer and lead to more expensive funerals, rather than lowering the price as should be the aim of regulation. Will holes in the financial model be plugged by the ever embattled Exchequer and ultimately the Irish taxpayer? We have an obligation to explore other less potentially costly methods to address the issue.

Local authorities, as the local operators with real local knowledge, have the potential to expand their role in this area. As Deputy Broughan has detailed, they need a clear, strong regulatory framework to adequately supervise the evolving industry locally. The stripping from local authorities of what powers they have through the murky creation of Irish Water and leaks about the abolition of town councils do not bode well for the future White Paper on local government reform. It indicates a haphazard approach by the Government to local government. Reducing the role of local authorities through this Bill would further compound the ongoing failure to take a holistic approach to local government reform. The piecemeal approach in whittling away powers will exacerbate the problems we have experienced with a system that is not fit for purpose in modern Ireland. It would be premature to create a new body to supplant the role of local authorities in the area before we have conducted a root and branch review of the future shape of local government and what powers local authorities should have.

The evolving nature of how people deal with the end of life in Ireland presents a series of challenges for regulation. The rise of cremations as an increasingly popular choice looks likely to continue over the coming years. Ireland has a comparatively low rate of cremation but trends suggest that this will continue to rise steadily, demanding regulation in the area as new crematoria are established. There are just four crematoria in the country and one suspects there is a growing demand for such facilities to be available in regional locations. The current four crematoria operating in the State have a strong reputation that we should acknowledge, but that should not stop us from providing for the future. New methods of disposal are being developed across the globe, such as promession. This is the dipping of the corpse in liquid nitrogen. Technology in the area is rapidly advancing beyond what we previously anticipated and will continue to do so into the future in ways we cannot even imagine at present.

As part of revamping the role of local authorities we should ensure they have a clear regulatory framework to supervise these new and old industries adequately. An interim cremation regulation under the Local Government Act is one such method to deal with the uncovered area of cremation. The Deputy's Bill correctly highlights the role of the deeply important Columbarium Wall as a specific area to be protected. Regulations covering standards in funeral care, ensuring that trained personnel provide an adequate, respectful service should be set out. Specific guidelines for local authorities to decide upon graveyard and crematorium planning applications are also required. These guidelines should be integrated into the county development plan in setting out the spatial future of burials, crematoria and other end of life issues in the county. The guidelines should integrate environmental concerns, spatial impact, the social role of end of life facilities and potential cost implications.

Deputy Broughan's call on the Government to begin a comprehensive review of this area is welcome, and we support it. This review should not take place in a vacuum but as a broader part of examining the role of local government. The review should place at its heart the need to ensure that people's right to a humane final repose is maintained. The National Forum on End of Life in Ireland sets out a number of interesting ideas that are worth exploring as part of the comprehensive review. Its proposals for reform cover official certification, model for regulation, official oversight and inspection of funeral homes, embalming training to be mandatory for embalmers and embalming facilities to be regularly inspected as well as full transparency on costs involved in setting out a funeral. These ideas along with those of other stakeholders should form the core of a review and future legislation in the area.

In conclusion, I again thank Deputy Broughan for producing the Bill and reflecting upon the challenges facing a neglected area. I am glad we have had the opportunity to discuss these matters in the House today. While I disagree with the creation of a new authority, Deputy Broughan's Bill raises important matters that should be dealt with comprehensively by the Government. The evolution of how people wish to go to their final resting place, the rising demand for burial plots and the cost of funerals set the immediate agenda for reform. On a more fundamental level, there is a bigger issue. Deputy Broughan started with a quote by Joyce, so I will try to keep up the high level literary tone. Just as Joyce's image of the snow falling "upon all the living and the dead" reminds us of the flow of life, we have an obligation to ensure that the dead are respected and looked after in their final rest. I look forward to a meaningful Government response to the concerns and suggestions outlined here today. I commend Deputy Broughan on his initiative.

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