HL Deb 05 May 1885 vol 297 cc1623-5
The EARL of ONSLOW

, in rising to call attention to the erection of a public crematorium at Woking and the cremation of a body there on the 26th March last, and to inquire Whether Her Majesty's Government will carry out their expressed intention of using the powers which they possess in the matter for the discouragement of the practice; and what those powers are? said, that in 1874 the Cremation Society commenced to erect a crematorium at Woking. A Memorial, influentially and largely signed, was sent to the Home Secretary (Sir B. Assheton Cross) as a protest, and he intimated to the Cremation Society that any action on their part would be followed immediately by an attempt to test the legality of their proceedings. The Cremation Society then consented to defer any operations until the pleasure of the Home Secretary was signified. In the following year the present Home Secretary gave a very similar answer. But a case occurred in Wales some months ago, in which a Dr. Price cremated the body of a child, and legal proceedings being instituted against him, Mr. Justice Stephen expressed an opinion which was assumed to be in favour of the legality of cremation; but he laid it down that, even supposing cremation to be legal, it was only legal if so conducted as not to be a nuisance in the neighbourhood. In consequence of this decision a Question was again addressed to the Home Secretary, and he stated that it was still the intention of Her Majesty's Government to use the powers which they possessed in the matter for the discouragement of the practice. Since then the Cremation Society had so far completed their building at Woking that on the 26th of March they duly cremated the body of a lady. At present there were stringent regulations as to the burial of the dead; but inasmuch as the law never contemplated the burning of the dead, there were no laws whatever to regulate cremation. Their Lordships would feel that this was fraught with great danger, for cremation might annihilate all proof of foul play. The Cremation Society had, no doubt, certain regulations drawn up with a view to avoiding this, but these regulations had no binding force, and might be altered or abolished at any time. A Bill was brought in last year which proposed to make cremation a misdemeanour if done without the sanction of the Home Secretary; but it was not passed into law, and consequently there were no regulations whatever. There were 500 acres of ground at Woking devoted to the purposes of a cemetery, and not one-twentieth part of it had been so used, so that there was no necessity for cremation in that place. The inhabitants of Woking had been alarmed at the perfect immunity with which the cremation on March 26 last had been carried out, and still more so at a recent statement of Sir Spencer Wells, in which he intimated that the Society were now satisfied as to their legal position and were ready to receive bodies for cremation. This crematorium was one mile and a-half from any station and seven miles from any large town, and in a rather scattered portion of the parish of Woking, but it was surrounded by large public institutions. The unfortunate clergyman of the parish could see from his windows into the crematorium itself. There were other gentlemen in the neighbourhood to whom it was a great annoyance, and the feeling on the subject in the locality was very-strong indeed. If the Government were anxious to encourage cremation, they had, not far from this place, a large portion of moorland which they might devote to the experiments of the Society. In answer to the Question he put the other day, the noble Earl said that the practice of cremation was so uncommon as not to require any legislation. He believed, however, that the time had now come when the Government ought to make up their minds. The inhabitants of Woking looked with aversion and disgust upon the erection of this crematorium, and they called upon the Home Secretary and Parliament to deliver them from the annoyance. He trusted that the Government would say under what restrictions cremation should be carried on, or give the inhabitants of Woking an opportunity of stating their objections to this crematorium. He begged to ask the Question which stood in his name?

The EARL of DALHOUSIE

said, that he did not take any exception to the noble Earl's interesting speech; but, in answer to his Question, should have to repeat, in very much the same language, what he stated the other day, that Her Majesty's Government did not consider it any part of their duty to encourage or discourage the practice of cremation. As to the power which the Government had for dealing with the matter, the noble Earl had himself answered that question when he referred to the judgment given the other day by Mr. Justice Stephen. The Government had no power to interfere, and until the practice became so common as to be obnoxious to the people of this country, and they showed a more general desire to have legislation on the subject, it was not the intention of the Government to deal with it.