§ Motion made, and Question proposed, That this House do now adjourn.—[Mr. Pearson.]
10.15 pm§ Norman Baker (Lewes)I am very pleased to have this opportunity to raise an issue of considerable importance to my constituents. I have learned over the last couple of weeks, if I did not know it before, that national issues are not always the ones that exercise local opinion. The question of cemeteries is undoubtedly the most important issue for my constituents at the moment, as my local papers—the Seaford Gazette, the Sussex Express and The Leader —can demonstrate, as they feature this issue on their front pages regularly.
The reason for this is that safety tests have been carried out by one of the two district councils in my constituency, Lewes district council. Those tests, notably in graveyards in Seaford and Lewes, have led to huge numbers of headstones—more than 500, in fact—being knocked over by the council, which has caused considerable distress and anguish to relatives of the deceased, who have described the actions as desecration and vandalism. It is clear that, for many, this action has brought back the pain of bereavement, and my sympathy goes to all who have seen the headstones of their loved ones toppled.
The situation has been made worse by the fact that inadequate warning was given by the council. Small notices were posted on site only about two weeks before the tests were carried out, although many people visit the cemeteries where their loved ones are buried only once a year, perhaps on the anniversary of the death of the person they cared for. Many people, even now, may still not know that the next time they visit the cemetery in Seaford or Lewes, they will find that their loved one's headstone has been knocked flat. I am sorry to say that no effort was made by the council to contact the surviving relatives before the action was taken. I am pleased that the council has at last apologised for the distress that has been caused, and that members of the council are now involved. A group has been set up under Councillor Eddie Collict, a diligent and competent councillor, to investigate the circumstances that led to these events. That action is belated, but very welcome.
A number of issues have arisen as a consequence of this episode, and I want to address them tonight with the Minister. I hope that she will not mind if I ask some very technical questions, because they are the questions that my constituents are asking me. I entirely understand if she cannot answer them all tonight, but perhaps she will be so good as to write to me afterwards if that is the case.
The council was concerned that the headstones were potentially unsafe. I ask the Minister to confirm that this council—every council—has a duty of care and is obliged to ensure that headstones are not unsafe, and that it was therefore acting within its rights in carrying out these tests. The point was made in a report by the then Select Committee on the Environment, Transport and the Regions that there have been three fatal accidents involving children and falling memorials in recent years, so it is understandable that the council should want to carry out the tests.
What guidance has been issued to local authorities in respect of testing, in terms of whether they should test and of the method of testing to be employed? Lewes 732 district council tells me that there is no UK standard for such testing, although I understand that a draft standard—British standard 8514—is in development. The council understands that this will not be a push test—that is, one in which pressure is applied directly to a gravestone—but one involving a complicated test rig, which will measure construction standards. The council is concerned that such a test could not easily be used in situ, where there are physical constraints such as memorials placed in close proximity to one another.
I would be grateful if the Minister clarified whether there is to be a British standard safety test, or whether there is already one of which I am unaware. Is there one coming? When will it be adopted? Will it be a push test or a rig test? If it is to be a rig test, what is her response to the council's objections to such a test? I apologise for the fact that these questions are rather technical, but they are the questions that are exercising many of the constituents who have written to me.
The council says that it applied the only existing European standard that it could find: the German standard, technically called UVV 4.7, which applies a 50 kg push test to headstones. Does the Minister know whether that is the only standard in the European Union? Do the Government consider it appropriate? Pending the adoption of a UK standard, are councils advised by the Government to follow the German standard, or is there no advice as to which standard they should apply? The council says that the German standard has been approved by the Association of Burial Authorities.
The method of testing was the subject of considerable controversy at a public meeting that I attended in my constituency some two weeks ago. The testing involves the use of a device called a topple tester, which applies a force of 50 kg to a headstone at the height of 1 m. Clearly, if the headstone fails, it falls over; if it does not, it is deemed safe.
Do the Government have a view on whether that is the appropriate method to test headstones? I understand that Health and Safety Executive guidance states that it is not suitable for war memorials, crosses or angled headstones, and that it is suitable for use only with memorials that are more than 1 m high and in tablet form. Is that correct? If so, has the guidance been properly applied by the district council, so far as the Minister can tell? More to the point, how is a council expected to test other memorials for safety, if they do not fit that description?
I understand that the National Association of Memorial Masons recommended, as recently as 11 February, a test called a hand technique test, followed by a final assessment with a topple tester set at 35 kg—in other words, considerably less pressure than the 50 kg implicit in the German model.
I hope that I have demonstrated to the Minister that there is considerable uncertainty in the minds of my constituents and the council, and in my mind, about what exactly the guidance is, in terms of what test is applied, what implements are used, what pressure should be applied and where. That may seem rather detailed and inconsequential, but the consequence is that about 500 headstones have been toppled, with the resultant grief experienced by those who have gone to visit the graves in cemeteries in Seaford and Lewes.
I have seen—I am grateful to staff of the House of Commons Library for their help—Health and Safety Executive local authority circular 23/18, issued in 733 August 2001 and entitled "Management of Unstable Memorials". It states that under the Local Authorities Cemeteries Order 1977, councils can take immediate action to make safe dangerous materials, but cannot do so for memorials presenting "no immediate risk" without posting clear notice and seeking the permission of owners. Can the Minister say whether that is correct?
Is it also correct that the council needs the permission of the bishop of the relevant diocese for work in consecrated areas? That clearly was not sought in the case in question. Is it possible that in Seaford cemetery, where 431 headstones were knocked down by the council, all 431 were at immediate risk? What is the legal position if stones were laid down that were not at immediate risk? Is the council responsible for that, and has it a duty to respond sympathetically and actively to people who say that they want the headstones put back as they were, before the council's action?
There seems to be wide variation in practice across the country. I have done a little research, and it seems that some councils are knocking down huge numbers of headstones. I referred to Lewes district council in my constituency, and 431 stones knocked down in Seaford alone. The report of the Environment, Transport and Regional Affairs Committee, to which the Minister will doubtless refer in her reply, mentions Bristol. The report states at paragraph 107:
Last year eight hundred gravestones were identified as being unsafe in Bristol City Council owned cemeteries and had to be laid down. In the current year"—that presumably refers to last year—a further two or three hundred stones will be laid down for health and safety reasons.More than 1,000 headstones were laid down in Bristol, whereas in Eastbourne, which is close to my constituency, tests were carried out and only three headstones were laid down. There seems to be a huge variation in performance across council areas, which suggests a need for clearer Government guidance or regulation in this area.I ask myself why so many headstones fail in Lewes. Perhaps Lewes is being assiduous and applying regulations carefully. The Health and Safety Executive, in the circular to which I referred, says that many authorities are not dealing with dangerous memorials, which presents a different problem. Presumably, some graveyards are not being looked into by councils, which is another problem—it is not the one in Lewes, but may be of interest to the Minister.
I can come up with three reasons why so many headstones fail. First, unnecessarily high standards are being applied, such as the pressure applied in the topple test. Secondly, the tests were improperly carried out in this instance. Thirdly, there is possibly a problem with the method of erecting headstones, and I ask the Minister to address that in her reply. In Seaford, 22 per cent. of new headstones tested by the council failed and have been laid flat, whereas only 6 per cent. of the older headstones in the cemetery failed. It seems that new headstones are less secure than old headstones, which is perhaps a perverse conclusion because one would have thought that older headstones were more liable to fail. The HSE has also referred to the fact that newer headstones are less able to withstand pressure.
734 What guidance and standards have been applied to the erection of headstones? How deep must they go, and what anchorage is required? Is there any Government guidance that specifies how a headstone should be erected? If not, I suggest that there should be some. In Germany, a third of the headstones must be under ground. That was traditionally the practice in this country until the 1950s. Since then, there have been more lawn memorials with no foundations, so inevitably many of the headstones that are tested fall over.
If the test is correct and headstones fall over, should legislation set a new depth? They must be inherently unsafe if the test is correct. If not, why are councils being encouraged to test them and knock them over?
According to the Association of Burial Authorities, most accidents occur when people kneel down to plant flowers and use the headstone to pull themselves up again, whereupon it collapses on them. That requires pressure of 3.5 kg, which is a tenth of the German standard and much less than that applied by Lewes district council and other authorities.
Will the Government set standards for the erection of memorials to ensure that they are safe? If they are subject to safety testing, they should stay in the ground. It is absurd that a memorial erected less than two years ago can fail a safety test. Why should people who have had a headstone erected so recently see it knocked over and be told by the council that it is their responsibility to put it back up? Someone must be at fault: either the council for the way in which it carried out the test, or the Government for the regulations, or the stonemason for the way in which it was erected. The person who bought the headstone cannot be at fault.
What is the position regarding historically valuable headstones, which may even be listed buildings? How does a duty of care dovetail with that? Are there grants to protect and reinstate such stones?
I would welcome some guidance on the question of costs, because frankly I do not know where to go on this matter. There are hundreds of fallen headstones in my constituency, and the council's view is that people are responsible for re-erecting them because they were unsafe. The view of my constituents is overwhelmingly that the council has a duty to bring them back to the way they were, because its tests were responsible for knocking them down. Is there some Government guidance on that? Does the council have a duty or a power to bring those headstones back to the condition they were in before it undertook its tests? This is the key question for my constituents.
That leads me to my two objectives. The first is to return cemeteries in my constituency to their former condition as soon as possible, so that people can see the graveyards as they were—respectable places where they can pay tribute to their loved ones—rather than as the scenes of violence that they are now. The second is to ensure that the necessary regulations, legislation and guidance exist nationally, so that this does not happen again in Lewes, Seaford or anywhere else.
§ Mr. Mike O'Brien (North Warwickshire)I thank the hon. Member for Lewes (Norman Baker) for allowing me to speak, and congratulate him not only on securing a debate on an important issue but on the strength with which he put his constituents' case.
735 In my part of north Warwickshire there is similar concern about headstones and the disturbing of graves, although the circumstances are slightly different. The church in the village of No Man's Heath is redundant, but the cemetery has been used in recent years—indeed, in recent months. The Church of England is proposing to sell the church, which may go to a commercial buyer and may be used for a number of different purposes; but it will keep the cemetery.
However, a number of gravestones and indeed graves abut the church. Apparently the Church of England is not prepared to give any reassurance that the graves will not be disturbed. It is possible that some gravestones will be removed, and that the contents of graves will be disinterred. That is causing great distress to relatives, some of whom may have buried their loved ones very recently.
Could the Home Office re-examine cemetery law to establish whether relatives' concerns about people buried in cemeteries where the abutting church has become redundant can be given priority over the need to make a commercial sale for the Church of England's benefit? Obviously the Church of England must deal with its redundant churches properly and sensibly, but, as the hon. Gentleman said, we should also be aware of the feelings of those whose relatives are buried in the cemeteries.
§ The Parliamentary Under-Secretary of State for the Home Department (Beverley Hughes)I too congratulate the hon. Member for Lewes (Norman Baker). The subject he has raised is important and emotive for families who may think that their feelings and needs have been ignored.
My hon. Friend the Member for North Warwickshire (Mr. O'Brien) drew attention to circumstances that differ slightly from the general circumstances described by the hon. Gentleman. The current law states that any buried remains to be removed must be removed in accordance with Home Office directions. That will not be allowed unless the Home Office is satisfied that any remains will not be disturbed by building work. If he gives me the details in writing I will pursue the matter, but we have instituted a process of re-examining the law and the advice and guidance in relation to cemeteries and burial, and I shall ensure that the issues raised by both Members are taken into account.
Although the Home Office is responsible for burial law and the law regulating cemeteries, it is not responsible for every statutory provision that may have a bearing on cemeteries. Cemetery authorities must comply with a wide range of other laws regulating their activities, including those relating to planning, environmental protection and health and safety.
The existing legislative framework of burial laws is designed primarily to ensure that certain minimum standards are observed. For example, there are powers to inspect burial grounds and to require health and safety measures to be undertaken. Individual burial authorities are given considerable freedom as to how they manage their cemeteries on a day-to-day basis. Among other things, that means that it is a matter for each authority to determine how to discharge their various responsibilities.
I agree with the hon. Member for Lewes that current legislation is in need of reform. It is uneven and inconsistent, and it does not give the Government the 736 powers that they need to address some of the problems. The hon. Gentleman mentioned the Environment Committee, which came to much the same conclusion on completion of its inquiry into cemeteries last year.
In the Government's response to the Committee's report, we announced how we would take forward the various issues identified. First, we undertook to set up an advisory body, which would include the Health and Safety Executive, as well as representatives of the industry and others. It will consider the issue of testing that the hon. Gentleman raised. Secondly, we would undertake research into cemetery management, training and maintenance standards. Thirdly, we undertook to conduct a survey of all burial grounds; and, fourthly, to carry out public consultation on the issue of law reform.
The advisory body has been set up. The researchers' report will be received shortly and we have now begun planning for the burial ground survey and for the consultation exercise. We aim to make substantive progress during the course of this year.
Burial authorities must also have regard to their wider responsibilities. As the hon. Gentleman said, cemeteries can present a real safety hazard. Open graves can be dangerous. Many older cemeteries contain tombstones and memorials that have become unstable. As he also pointed out, newly erected tombstones can also—astonishingly—be unsafe. That has resulted in a small number of injuries and even deaths. Health and safety practice must be at the forefront of any cemetery manager's mind. I know that the hon. Gentleman will not disagree.
Burial authorities must take action if there is an immediate risk of a headstone falling, but it would be equally wrong to lay down all or most of the headstones in a cemetery simply as a precautionary measure. The hon. Gentleman may be interested to learn that in one recent case the local government ombudsman found a local council guilty of maladministration because adequate prior notice of their intentions was not given to the families concerned.
Burial authorities must seek to get the balance right. Public safety is paramount, but the rights of memorial owners, who want to visit cemeteries to remember their relatives, cannot be ignored. I well understand the concern that the public will have if memorials appear to have been laid down as a precautionary measure or without due consideration of the other issues.
The legislation that governs local authority cemeteries sets out detailed procedures to be observed before memorials can be levelled in normal circumstances. Those procedures include requiring notice of the authority's intention to be placed in the cemetery, in local newspapers and, where appropriate, sent to those who have exercised a right to place a tombstone or memorial on the grave. The hon. Gentleman asked whether bishops should also be notified. I do not know the answer to that question immediately, but I shall obtain it for him. I also understand the feelings of his constituents who, given the situation in Lewes, want to know who is responsible for replacing the tombstones. Again, that is not a Home Office matter but I will try to ensure that another Department provides the hon. Gentleman with the answer.
The hon. Gentleman also mentioned the deaths of three children. Partly as a consequence, research was carried out on behalf of the Confederation of Burial Authorities and, in the light of the findings, guidance on memorial 737 Management was published in 2000 by the Institute of Burial and Cremation Administration, which is the relevant professional body. That guidance recommends regular inspections of headstones and practical measures to make dangerous memorials safe. Laying down memorials is not the only option. Memorials may also be supported, cordoned off or repaired.
Lewes council, like any council, has a duty to ensure that tombstones and memorials are safe. There is no dispute about that. Last May, the council approved a code of practice and programme of testing memorials. In doing so, it drew upon guidance recently issued by the industry. Notices of its intentions were posted in the cemeteries shortly beforehand.
That exercise revealed that a proportion of the headstones were unsafe and presented an immediate danger. The council decided to lay them down and to contact the owners as soon as possible. Clearly, memorial owners and the general public seem not to have been prepared for that action. I am sure that there are lessons to be learned by the council and indeed by other burial authorities about providing more effective advance publicity. I understand that the council has asked the relevant sub-committee to look again at its code of practice and is considering the practicalities of notifying individual memorial owners in future.
As the hon. Gentleman said, it is important that the inspection of memorial safety be undertaken in a competent and technically proficient manner. The institute's guidance recommends seeking advice from structural engineers or other appropriate sources. Although testing equipment is available, the Health and Safety Executive has advised, as the hon. Gentleman said, that that may not be suitable for all types of memorial. The National Association of Memorial Masons has produced its own advice and guidance, which it keeps under review.
There is also the issue of who should undertake any survey of safety. Some will consider that memorial masons may not be sufficiently independent, but that must be a matter of judgment for the burial authority. It certainly seems sensible for the testing to be undertaken by an appropriately trained person. Training on removal and replacement of memorials is already provided by the institute.
Nevertheless, the way in which the various representative and technical organisations have responded in addressing the problems has been positive. In addition 738 to guidance to their members, a cemetery safety awareness campaign was initiated to bring home to the public, particularly children, the dangers that are posed by memorial headstones.
This is quite a difficult thing to say but we have to remember that, although we are talking about families who are grieving for someone whom they have lost, they have an important share of the responsibility for ensuring that the memorials are put up safely in the first place and indeed that they are maintained. I recognise that for older memorials the loss of contact with the owners is a real difficulty for the burial authorities.
The hon. Gentleman asked quite a large number of technical questions. Although I could theoretically answer him because I have all the detail here in terms of weight, measures and distances, I do not think it appropriate to plough through that. However, I assure him that I will write to him on all those technical questions.
§ Norman BakerThe Minister is giving a helpful reply for my constituents. Before time runs out, can she say how she can reconcile the fact that in Seaford, 421 stones have been felled, compared with just three in Eastbourne where similar tests were carried out? Why do the new gravestones seem to be failing and the old ones not?
§ Beverley HughesI cannot answer the hon. Gentleman as to why there is that disparity, but the fact that there is that variation suggests—I think that this is the real point of his question—that there is at the very least a lack of consistency in how burial authorities and local authorities are undertaking these responsibilities. That itself points to the need perhaps for more effective guidance. I will feed that and indeed all the issues that he has raised into the work that the advisory group is doing for us.
Memorialisation of the dead is an important aspect of our society. It demonstrates respect for the people we have lost and provides comfort for the bereaved. We must not allow poor workmanship or poor site management to undermine the historic, cultural and emotional value of our local cemeteries. From what the hon. Member for Lewes and my hon. Friend the Member for North Warwickshire said, I accept that more work is needed to bring appropriate expertise to bear and to promote common standards. I certainly assure the hon. Gentleman that I shall take up all the matters raised and feed them into the process that we have initiated.
§ Question put and agreed to.
§ Adjourned accordingly at fifteen minutes to Eleven o'clock.