Response to the Law Commission’s Report: New Funerary Methods
To read the report in full, please click here
Mathew Crawley, Chief Executive, Institute of Cemetery and Crematorium Management (ICCM)
“Following ongoing communications with the Law Commission, The Institute of Cemetery and Crematorium Management (ICCM) welcomes the publication of the Law Commission’s report, New Funerary Methods, and recognises it as a positive step towards providing greater choice for the public while ensuring appropriate safeguards are in place.
“The report demonstrates a clear desire to establish a regulatory framework for emerging funerary practices, with dignity, environmental protection, public health and safety, and public confidence rightly identified as core principles. They provide a strong foundation for the future development of modern funerary methods in England and Wales.
“We particularly welcome the recommendation to move from the term ‘new funerary methods’ to ‘modern funerary methods’. This reflects the reality that these practices are part of an evolving funerary landscape and may, over time, become established options alongside burial and cremation.
“The ICCM agrees with the Commission’s view that modern funerary methods should not be incorporated within the existing definition of cremation. They are distinct processes and should be recognised and regulated as such, including clear distinctions regarding the remains produced through these methods.
“The report’s recommendations for the inspection of facilities and the introduction of an inspectorate are especially welcome. Public trust depends upon robust oversight and accountability, particularly for those entrusted with the care of the deceased. The proposed powers to establish and enforce penalties through secondary legislation are also a sensible and necessary development.
“We are encouraged by the recommendation that regulatory powers should be introduced through secondary legislation. This approach provides the flexibility needed to accommodate innovation and should avoid unnecessary delays in bringing appropriate new services to the sector. The proposed ability to approve trials of modern funerary methods before full regulatory frameworks are established is similarly welcome and ensures innovation is supported and not unnecessarily hindered.
“The report also recognises the importance of maintaining the registration of both death and the chosen method of disposition, while confirming that there is currently no intention to introduce a licensing regime for providers.
“The ICCM hopes that the governments of England and Wales will take this opportunity to adopt a consistent approach to the Law Commission’s recommendations, providing clarity for both providers and the public.
“Ultimately, these proposals are about offering greater choice and safeguarding bereaved people. Modern funerary methods may not be the preferred option for everyone, but where they are made available, they should operate within a framework that promotes dignity, transparency, public confidence and accountability. The ICCM looks forward to engaging with governments and stakeholders as these recommendations are considered and implemented.”