CEMETERIES (ACCESS AND MAINTENANCE) BILL (Hansard, 12 June 1973)

§ Mr. Harry Lamborn (Southwark)

I beg to move, That leave be given to bring in a Bill to provide for access to and the maintenance of cemeteries. The need for legislation to deal with the appalling conditions in many cemeteries arises particularly in London in the older urban areas, for in these areas the tremendous growth of population in the late 18th and early 19th centuries created a situation in which church authorities were no longer able to cope with the burials and, in the absence of local authority responsibility, the private cemetery companies were established to fill the void.

The position of private cemetery companies was regularised under Section 16 of the Cemetery Clauses Act 1971. This Act placed a clear responsibility upon cemetery companies to keep cemeteries, buildings and fences in complete repair and in good order and condition. But if one takes a look at the disgraceful conditions which apply in many cemeteries, it appears that the Secretary of State has found it quite impossible under the 1847 legislation to ensure that the cemetery companies carry out their responsibilities.

In many of these private cemeteries, there has been a total disregard of relatives. Maintenance and supervision have virtually become non-existent. Cemetery companies, which have drawn profits from these cemeteries in the past, are now faced with the situation that, as burials are fewer, income has been reduced, and they refuse to spend any money in maintaining a cemetery in any kind of dignity.

I can best illustrate this shameful situation by referring to Nunhead Cemetery, in the London Borough of Southwark. This cemetery, which covers an area of some 52 acres, is far more in keeping with a jungle than with a cemetery. Hundreds of trees are growing up through graves. There is complete absence of supervision, which has led to widespread vandalism, tipping of rubbish and the forcing open of gates—although it must be said that in many cases it has been necessary for relatives to force open gates in order to obtain access to the 1222 cemetery, which, on many occasions, has been barred to them.

My right hon. Friend the Member for Bermondsey (Mr. Mellish), my hon. and learned Friend the Member for Dulwich (Mr. S. C. Silkin) and I have received hundreds of letters from relatives distressed by the disgraceful situation which has developed. As Members of Parliament for the London Borough of Southwark, together with Southwark Council we have made repeated representations in order to get this disgraceful state of affairs remedied. It has all been to no avail.

The Commonwealth War Graves Commission, which has responsibility for 690 Commonwealth war cemeteries from the two world wars, has written to me of its concern at the state of Nunhead Cemetery and many other privately-owned cemeteries in London and the United Kingdom. The Commission refers to the vandalism which has taken place and to the fact that in 1970 a war memorial had 455 of the bronze name panels stolen and was damaged beyond repair. Its letter to me concludes, As a result, 455 war casualties now lie uncommemorated. This situation cannot be allowed to continue.

The Nunhead Cemetery is registered in the name of the London Cemetery Company, which also has Highgate Cemetery under its control, a large part of which carries the same appalling mark of neglect and decay. The Nunhead Cemetery is actually owned by the Raeburn Group Limited, which has acquired the cemetery for what can only be a speculative investment. It would appear that, as a deliberate matter of policy, conditions at the cemetery have been allowed to run down and are continuing to be run down in order to produce a situation in which the public in the area will be prepared to accept what the Raeburn Group calls a "socially acceptable development."

I ask the House to give leave to me to introduce this Bill in order to enable the Secretary of State, where cemetery authorities have failed to fulfil their obligations under existing legislation, to take power over a cemetery, with the assets of the company in default being vested in the local authority. There 1223 would also be need for the Secretary of State to make special monies available in these areas to enable the local authorities to deal with the shameful neglect which has developed over so many years.

Certainly in my own area—and the same is true in many of the other older urban parts of the country—this matter is of great concern. We are not dealing with past generations. The majority of my constituents and of those of my right hon. Friend the Member for Bermondsey have their mothers and fathers buried in Nunhead Cemetery—many of them their brothers and sisters, too. I therefore ask for leave to introduce this Bill to remedy a disgraceful situation.