Tommy Broughan (Dublin North East, Independent) | Oireachtas source

I am delighted to have the opportunity to contribute to this debate. I warmly commend Deputy Eamonn Maloney's initiative in bringing forward this much-needed Bill. It is typical of Deputy Maloney's original and thoughtful contributions to this House.

I firmly agree with the core element of the Bill, that is, the establishment of a cemeteries regulator. I also proposed the establishment of an independent regulator dealing with funeral services in my Private Members' Bill, the Burial and Cremation Regulation Bill 2011. The regulator I proposed, however, would also have had a remit in the regulation of the operation of crematoria. It was also proposed that the regulator would be independent in its functions and would be self-financing. It is laughable when one hears Fianna Fáil talking about quangos, given that in government it set up dozens of unnecessary quangos, whereas in this area we are talking about one of the most important elements of society and human existence - the way we treat citizens who have passed away.

It is exasperating that the legal position is exactly the same as when I proposed my Bill in December 2011 and when it was debated in this House in April 2012. There is still an absence of a specific regulatory framework clearly governing the sustainability, planning, building and operation of cemeteries and crematoria in Ireland. Most cannot understand why there is still a dearth of regulation in the area.

A number of organisations have raised serious concerns about the gaps in the legislative framework. For example, the National Council of the Forum on End of Life in Ireland produced an interesting document in April 2011, entitled The Funeral Industry in Ireland: the case for reform and regulation, which made an unanswerable case that there should be a Bill, such as Deputy Maloney's, brought through this House and implemented. Separately, the Irish Hospice Foundation and the Irish Association of Funeral Directors have made recommendations concerning the Coroners Bill 2007, and it is shocking that Bill has still not been enacted. The recommendations made by all these organisations related also to the cremation certification process. Section 5 of my Bill related to this specific issue and it stipulated the conditions under which cremations were allowed and stated a cremation could not take place unless an application for cremation had been made to and approved by the relevant authorities - a new regulator.

As the Minister stated, cremation is an increasingly popular form of funeral in Ireland. In 2012, according to the figures I had, cremation accounted for 15% of funerals nationally. The Minister's figure could be correct. In the United Kingdom and countries such as Denmark, cremation accounts for 75% of funerals. Then, of course, there are countries for which cremation is part of their culture, such as Japan, where virtually everybody is cremated. Research carried out by my office for the period 2010 to 2012 showed grave concerns about the lack of a licensing and regulatory authority for cremation, including the care and maintenance of columbarium memorial walls in graveyards.

Treating deceased citizens with the dignity and respect they deserve is imperative, and when there is a failure in this regard, it reflects poorly on society. Today's debate is all the more timely in light of the publication of reports last week of the circumstances surrounding the burial of almost 800 babies in Tuam, County Galway, and the disgraceful manner in which these human remains were treated. I listened carefully to the Leas-Cheann Comhairle's important contribution on this matter in the House yesterday.

From the point of view of crematoria, the Edinburgh baby ashes scandal recently also highlighted the difficulties raised by the lack of regulations covering the disposal of human remains. For many decades, staff at the crematorium in question in Edinburgh buried ashes of dead babies in a garden of remembrance where they were swept up with the ashes of adults. The recent report into this scandal raised concerns about a hands-off approach to the crematorium in question at Mortonhall in Edinburgh.

As recently as April of this year, I asked the Minister, Deputy Hogan, if he had any plans to create a licensing regulatory authority for the establishment and operation of cemeteries and crematoria, and he informed me in responses to parliamentary questions that he had no plans to create such a new authority. He stated: "The establishment and operation of such services and businesses are currently subject, where applicable, to the provisions of legislation dealing with planning and development, environmental protection and air pollution." However, the thrust of Deputy Maloney's contribution and Deputy Dowds's contributions over the years clearly shows that we need a regulatory framework in this area, regardless of whether local authorities would be closely involved in its operation.

The other major problem brought to my attention in 2011-2012 was the soaring cost of funerals. My colleagues have also covered that extensively over the years and brought it to public attention. Constituents referred to the long list of costs for plot openings, interment fees, foundation fees and application fees, and a host of other charges, especially across the four Dublin counties. Funeral costs seemed to range from more than €4,000 to €10,000 and above. I recall Deputy Dowds referring in the previous debate in this House to a funeral which cost €16,000 - an incredible figure.

In my own constituency, I have noted over recent years the increasing popularity of using funeral directors from north Fingal, Meath, Louth and even Armagh and Down, which seems due directly to escalating costs in Dublin. The training for and invigilation of embalming of remains was an issue about which many were concerned when I was last trying to address this matter. On cost grounds and the licensing of funeral directors and embalmers alone, it seemed clear then that a regulatory system is crucial for the planning, licensing and operation of graveyards, crematoria and the undertaker-funeral director sector.

I have already referred to the Association of Funeral Directors but the great majority of funeral directors are not members of that association.

Over the years, my colleague, the former outstanding councillor Peter Coyle of Fingal, has also highlighted deficiencies in the planning process for cemeteries, citing in particular the very bad drainage problems at Fingal-Balgriffin cemetery and in Dardistown. Councillor Coyle and I had one battle over a planning situation where somebody wanted to have a graveyard and crematorium just beside a nursing home. It was an incredibly crass development idea but, fortunately, Fingal County Council did not accept the proposal. It demonstrated, yet again, the necessity for regulation in that regard.

I welcome the contents of Deputy Maloney's Bill. As well as establishing a cemeteries regulator in section 1, it also deals in section 2 with the key issue of licensing cemetery authorities. In addition, section 2 includes a number of important safeguards by proposing that cemeteries cannot operate without a valid licence. Another integral and well-thought-out feature of Deputy Maloney's Bill is section 2(3)(e). This addresses an ongoing issue highlighted by members of the Irish Monumental Firms Association, IMFA, concerning the difficulties posed by the operations of the Glasnevin Trust. Other Deputies have almost unanimously referred to that matter earlier in the debate. Members of the IMFA have provided me and other Deputies with a briefing on their key concerns about what they maintain is an abuse of a dominant or monopoly position by Glasnevin Trust in its operations of providing services ancillary to interments, particularly gravestones and monumentals.

I raised this specific competition issue with the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, and he referred the organisation to the Competition Authority. I understand that the IMFA has been informed by the Competition Authority that, unfortunately, there is nothing it can do about this situation and legislative change - led by the Minister for the Environment, Community and Local Government - is required. On 30 April last, I raised this specific issue with the Minister, Deputy Hogan, and asked him if he had any plans to reform The Dublin Cemeteries Committee Act 1970. At the time, the Minister told me that it is a private Act and he has no role or function in relation to same. That seems incredible, however. This is the Republic's Legislature and surely it is our business to regulate this important aspect of our culture.

Section 3 of Deputy Maloney's Bill seeks to get around this difficulty by making cemetery authorities managed by trusts submit proposals to the High Court to amend the trust and ensure it operates in conformity with the Act. That is an excellent proposal. The Minister has highlighted some of the deficiencies.

When Deputies attempt to bring forward Bills, we often find that the implementation structures are difficult to put together if one has not been a Minister. I do not think that would be a major failing of this legislation. I warmly commend my colleague, Deputy Maloney, on his outstanding work on this Bill. It is typical of his tremendous contribution to this House and to politics generally.

When my own Bill was discussed a few years ago, it was argued by Deputy Brian Stanley and other Deputies that regulation of cemeteries was best left to existing cemetery trusts and local authorities. We heard the same refrain from a Fianna Fáil Deputy this morning. Clearly, however, the record shows that this is not the case. The treatment of people's remains after death is a key measure of a society's culture and involves respect for all our citizens. Like other aspects of Irish life, regulation of the sector in a small State like ours requires a national response.

The Minister has argued the opposite concerning Irish Water, even though the four Dublin counties and the mid-Leinster region looked after the water supply pretty well over the years. With limited support from Government, we kept the water flowing. We did the business. The Minister is saying that it has to be national, but one could argue the same in reverse. Counties now operate under Uisce Éireann and are delivering what the Minister says is his vision for a water supply. While I am grateful that the Minister has accepted the Bill, I urge him to legislate in this area.

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