Regulation and Inspection of Funeral Services

Motion made, and Question proposed, That this House do now adjourn.—(Deirdre Costigan.)

There are many issues that will divide this House and many issues that will divide society, but one thing that probably unites all of us, and indeed society, is that we have a legitimate expectation of decent and respectful treatment for our dead. I do not think that is asking too much. The vast majority of funeral directors, crematoria and hospital morgues treat the deceased with the decency and respect that we would expect and hope for ourselves.

Most of the apples operating in the funeral barrels, if I can put it like that, are good ones, but we all know that there are rotten apples in every barrel. It has long been recognised that this is a sector that operates in good faith and on a belief—often misplaced—that our expectations of the decency and respect to be shown to the deceased will prevail in all circumstances. I am not suggesting that Governments have shied away from this, pretending to turn a blind eye, as it were, but probably in the general scheme of things, until some recent high-profile incidents, they have not really thought to think about it, in the presumption that everything works well and as we would expect.

We will all remember the Fuller inquiry and the interim report that came out from that. When I was the Local Government Minister, the then junior Minister at the Ministry of Justice, Mike Freer, and I worked closely on this. I am delighted to see the hon. Member for Kingston upon Hull West and Haltemprice (Emma Hardy), with whom I worked closely some months back on a constituency case of hers. I am delighted to see her in her place, knowing the keen interest she has taken on behalf of her constituents.

I asked the then Parliamentary Under-Secretary for the Ministry of Justice, the hon. Member for Scunthorpe (Sir Nicholas Dakin), on 22 January what changes were being proposed to licensing, or to bring in licensing, in the funeral home sector. The reply was—let me put it this way—benign. His written reply said it was a

“complex and sensitive matter that demands careful consideration to ensure a response that effectively safeguards the public.”

On the latter bit, we can all agree. It being a “complex and sensitive matter” is true. I would argue that it has already had that “careful consideration”. When one considers all the retail outlets and others—be they tattoo parlours, nail bars, cafés, burger bars, hairdressers, beauty salons and the like—that are regulated and inspected, it does seem strange that the funeral sector is effectively left to its own devices.

I know that sometimes Government and Members of Parliament press for licensing, regulation or binding codes of conduct very much against the will of the sector and find themselves in this great tussle. But the Association of Green Funeral Directors, the National Society of Allied and Independent Funeral Directors and the National Association of Funeral Directors—I just want to pause to pay warm and fulsome tribute to the latter two for how they helped Mike Freer and me when we were Ministers trying to grapple with this when the situation was boiling up. Those three organisations, together with the Co-op, represent somewhere between 75% and 85% of funeral operators in this country. They are all desperate for either a licensing regime or an inspection regime.

Society is effectively saying to the trade bodies, which have a bit of muscle but no teeth, that they should impose standards of operation across the whole of the sector. I think the country at large would welcome regulation and inspection, and the trade bodies, which represent between three quarters and 85% of operators, are also clamouring for that.

The hon. Member sheds a light on an area that I have only just come to, and that was through a piece of casework. It was absolutely devastating to receive a piece of casework about abysmal funeral services, which included the mis-selling of a plot in a local cemetery, extortionate funeral costs and countless issues with a private funeral company. Does he agree that it is unacceptable that private cemeteries are almost entirely unregulated and are governed by burial Acts from the 1800s, which frankly are wildly out of date?

I do agree. In many respects, the only bit of legislation on which we can rest a serious prosecution is the Burial Act 1857, which deals with the corpse post internment. It is silent on the corpse’s treatment from the point of death through to the point of either internment or cremation. There is an enormous vacuum in the rules and regulations that I think most fair-minded people would say needs to be filled.

I commend the hon. Gentleman for securing the debate. This is the second Adjournment debate of his in which I have been involved in the last six months. He brings to the House subjects that are pertinent not just to North Dorset but to every constituency across the whole United Kingdom of Great Britain and Northern Ireland.

Does the hon. Gentleman agree that such an intimate and essential service for people at the most vulnerable times of their lives must be of the highest standard? We have wonderful funeral companies such as Clarke’s and Adair’s in my Strangford constituency, but we sometimes hear dreadful stories of horrific service. The fact that we regulate nail salons but not funeral services indicates that we need to consider ensuring a minimum level of service protection, and that the Government, and the Minister in particular, should at the very least instil some form of accountability into the process.

I fundamentally agree with what the hon. Gentleman said, as would the lion’s share of operators, because they are acutely aware of a crisis of public confidence in the sector’s ability to deliver.

The hon. Gentleman is making an excellent speech on an incredibly difficult topic. Next month, I am bringing two mums from Leeds down to meet the Victims Minister. They tragically lost their babies in different circumstances, but both went to the same funeral director, who did horrific things with their babies’ bodies. The police found nothing actionable because there is no regulation of the funeral industry. That needs to change. The hon. Gentleman talks about the public’s reaction, so does he agree that the more cases that come to light, the more the public realise what is possible in the funeral sector right now and the louder their calls for regulation will grow? I urge the Minister to recognise the urgent need to address this issue.

I am very sorry to hear what the hon. Gentleman has relayed; I know that the whole House will send prayers, thoughts and sympathies to his constituents. What a terrible thing to be dealing with in what are already tragically sad circumstances. He is right to urge the Minister to give a turbocharged and energised response.

As a society, our relationship with funerals is changing. We have become, as we know, a more secular society, so we are looking for other ways to deal with funeral services, rather than the traditional church service and so on. The covid pandemic certainly expedited the—I do not necessarily use this term in a disparaging sense—cheaper, faster and more streamlined approach to dealing with the deceased.

Funerals have become very expensive, when done well, because funeral directors have costs that need to be met, which is why we have seen this great rash of adverts. Anyone who watches any daytime commercial television will know that those over 55 are well insured—I qualify by a year. I am told there are plenty of machines for those who have difficulty getting out of a chair or a bed, and they can press a button and spring up and out like Zebedee. And there are 101 different funeral plan providers who will meet people’s needs very cheaply indeed.

There is little or no doubt that the lion’s share of operators are legit, above board, doing their best and doing it well, but the absence of regulation means that, if we so wished, the Minister and I could set up a funeral directors. We do not need a licence.

On that point, will my hon. Friend give way?

Let me just continue.

The Minister and I would not need a licence and we would not be inspected; all we would have to do is put up a sign saying “Funeral Directors” with the hours of operation on it. That cannot be right. It cannot be right that when a funeral director is running out of credit with their local crematorium they can transport a corpse from one end of the country to the other without any paperwork. If my hon. Friend the Member for Keighley and Ilkley (Robbie Moore) and others involved in livestock farming wanted to move one of their sheep from A to B, they know as well as I do about the vast amount of paperwork the Ministry requires to allow that to happen, and that is because we want traceability—that is what we need, and we need traceability in this sector as well.

My hon. Friend makes the point that many of our constituents across the country do not realise that anybody could set up and run a funeral director service. Sam Gallagher, one of the directors of Gallagher Family Funeral Directors in Keighley, wrote to me to advocate, quite rightly, that the Government should look at bringing in regulation or, at the very least, requiring that funeral directors must be a member of a trade association in order to operate. Currently we have neither, and I am sure that my hon. Friend, in summing up, will encourage the Minister to offer some warm words that we will be going in the direction of having that regulation put in place.

I agree with my hon. Friend. It is a great strength to be a member of the trade association, because it gives an imprimatur of quality to the families choosing a funeral director, just as customers would choose a CORGI-registered boiler fitter or FENSA for windows. As the trade associations themselves have made clear, however, they can only exhort. They can help people by advising on what best practice looks and feels like, what a good customer experience is and so forth, but people can still trade as a funeral director without being a member of the trade association, and if the trade association kicks them out, they can still trade as a funeral director, because being a funeral director is not concomitant on being a member of the trade association. So there is all this opt-in, opt-out, and of course the best will always join the professional bodies that give them the imprimatur of quality, whereas it is the dodgy geezers—the people trying to do it on the fly—who will not, and they will always be part of the bottom end of the market.

I have in my constituency a very well-established funeral director that operates in a large area and has been around since the Victorian era, and many other Members will have similar firms in their areas. The hon. Gentleman has talked about the trade bodies. Does he agree that such long-established family firms have a role to play in any future regulation as their experience and respect will add to the weight of the regulation?

I entirely agree, and I make this point again for the Minister’s benefit: he will not be trying to push water uphill in pushing for a regulatory and/or licensing regime. The good guys and girls want it to happen because it would give certainty.

I can share with the House—I hope it is not breaching a confidence—that when I was dealing with a high-profile incident, which I cannot reference per se as it is sub judice, one of the concerns we wrestled with was what would happen if public confidence collapsed so much that our hospital morgues became effectively logjammed. People would not be prepared to release their loved one to a funeral director because they had lost all faith in the sector as a whole. That would be a deeply worrying situation for anybody, and that is why the trade bodies are pushing so hard and so energetically to deploy their expertise as best they can in the current circumstances, but also to push Government to agree.

I want to draw my remarks to a close, but not before I have given way to the hon. Gentleman.

I am grateful to my friend the hon. Member for North Dorset (Simon Hoare) for bringing forward this important debate. I agree wholeheartedly with the arguments that he has made, as do many of the funeral directors in my constituency. I impress on him and the Minister that those funeral directors want a licensing regime. As the hon. Member has explained so eloquently, the trade bodies can only do so much, but a licensing regime would ensure a minimum standard, and we could all hope that the rest would try to excel and become members of the trade bodies in due course.

I agree fundamentally; it would be “the rising tide that floats all ships” argument. I will give way briefly to the hon. Member for Wells and Mendip Hills (Tessa Munt), and then I have a couple of suggestions for the Minister.