Brian Stanley (Laois-Offaly, Sinn Fein)

I compliment Deputy Broughan on bringing this Bill forward. It is alarming that there is no legislation to regulate the establishment of crematoria in the State. Sinn Féin agrees with Deputy Broughan that there is a need for regulation to ensure cremations are carried out in a proper and dignified manner. Respecting the bereaved, the family and the local community is key to this. Expecting those who carry out cremations voluntarily to follow the British code, as is happening at present, is naïve and unsatisfactory. While I understand the need for regulation and standards, the Bill is overly prescriptive. Currently, it is the role of a local authority to oversee and maintain public cemeteries. The establishment of yet another ministerial appointed quango, the burial and cremation regulatory authority, as outlined in the Bill, is not productive. Local authorities, with democratically elected members, provide some level of accountability. Quangos do not.

The requirement for the authority to be self-financing will raise alarm bells. This requirement may make the process of burial and cremation more expensive than it already is. Burial and cremation is hugely expensive at present. I have heard figures as high as €7,000 quoted, particularly in the city of Dublin. Will the public have to pay to fund another quango on top of that? I understand the need for regulation but it should come under the local authority and, in turn, the Department of the Environment, Community and Local Government. Its application, regulation and oversight should be left to local authorities.

There has been mention of private cemeteries. It is timely that Deputy Broughan has raised this matter. The Bill highlights problems that could affect people in, perhaps, 50 years time. Huge problems could be caused if a company that owned a private cemetery went bankrupt, for example. We need regulation to cover that eventuality.

If local authorities need more legislation to assist them in their duties, that is a discussion we must have. Local authorities already have wide ranging powers to regulate cemeteries. They can pass by-laws, for example. Some years ago, I was involved in introducing by-laws for cemeteries in County Laois. Many of these by-laws are being used in a positive manner by councils. In simply practical terms, local authorities are best placed to implement any set of agreed guidelines. The establishment of a national body to oversee burials and cremations would further undermine the positive role of councils and restrict flexibility and co-operation between local authorities in managing graveyards. I am referring to the joint burial boards that exist on the boundaries of local authorities where a number of councils might come together to form a joint burial board.

The Bill also calls for the approval of the Minister for the Environment, Community and Local Government to acquire, hold and dispose of land for graveyards or crematoria. This is the job of local councils. Local authorities already make those decisions based on need and demographics in their own local areas. If more land is required local authorities can acquire it. Many local authorities are facing tightening budgets but this merely underlines the need for adequate funding of our local government system. Creating another authority on top of that system will not solve the problem. The Government will have to deal with this funding issue as part of reform of local government. I look forward to that happening.

The upkeep of disused graveyards must be addressed, particularly those of older communities and minority faiths. Huguenot and Quaker graveyards come to mind. Here in Dublin and in my own constituency of Laois-Offaly some of these graveyards have fallen into disrepair and been vandalised. It is important that these burial grounds be maintained with dignity and when they become disused that any development in or around them be done in a sensitive manner. The Huguenot graveyard in Merrion Row, not ten minutes from here, is a good example of how a cemetery of historical note can be beautifully maintained, but another Huguenot graveyard has had its gravestones covered in graffiti and tumbled over to make way for development.

While the Bill attempts to deal with this issue it states that the burial and cremation regulatory authority will have national responsibility for the long-term maintenance of all cemeteries. This is a huge legal and practical challenge because there are thousands of graveyards throughout the State, owned by councils, burial boards, churches, local committees, trusts and so on. It is not practical simply to stitch into the Bill a requirement that the body would be responsible for the maintenance and upkeep of all of those.

Sinn Féin fully supports the need for regulation of graveyards and crematoria, particularly the new emerging private graveyards which will pose challenges in the future. However, to think the issue will be resolved by a seven person ministerial appointed authority is naïve and impractical. I urge Deputy Broughan to rethink the Bill and change its emphasis. The Bill should allow for more powers to be devolved to local authorities. A previous speaker referred to powers being taken from local councils. At present, the upkeep of cemeteries comes under water services in most of the local authorities I deal with. Here is an area where we can give local authorities extra powers to implement regulations. I would like to see national regulations established that can be used throughout the State, with local authorities having a role in ensuring they are enforced and that people are buried with dignity and burial places preserved and maintained.

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