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As I indicated to Gillian Mackay, based on conversations that I have had through the cross-party group, there is a lot of positivity around it from an industry perspective.

To date, I have not had any indication from local authorities that run crematoria that they may want to go down that route. However, I think that it is one of those things that, when it is introduced, people will opt to use. In our consultation prior to producing the regulations, 84 per cent of respondents felt that that additional option should be given to people.

Thank you, convener and committee members, for your consideration of the regulations. The regulations will enable hydrolysis to become available as an additional option for the people of Scotland while ensuring that hydrolysis is subject to the similar regulatory requirements that apply to cremation. The powers under the 2016 act, along with the regulatory oversight from other organisations, will reassure the public that the deceased will be cared for with respect and dignity. In conclusion, I invite the committee to approve the Scottish statutory instruments.

I move,

That the Health, Social Care and Sport Committee recommends that the Hydrolysis (Scotland) (No 1) Regulations 2026 be approved.

That the Health, Social Care and Sport Committee recommends that the Hydrolysis (Scotland) (No 2) Regulations 2026 be approved.

I am pleased to join the committee to discuss two sets of regulations on hydrolysis, which are being made under the Burial and Cremation (Scotland) Act 2016. If you are content to pass the regulations, Scotland will be the first country in the United Kingdom to be able to offer hydrolysis as an alternative to burial or cremation.

Hydrolysis has been gaining popularity and has become more widely available in other countries. In Scotland, our intention is not to replace burial or cremation; rather, hydrolysis will be offered as an additional choice for those who wish to consider it.

The two sets of regulations are linked. The Hydrolysis (Scotland) (No 1) Regulations 2026 will apply to hydrolysis the provisions of the 2016 act that relate to cremation, subject to some changes to key terms. They will also make textual amendments to the 2016 act so that it will reflect three options for the disposal of human remains. Those regulations build on the legislative framework that is set out in the 2016 act.

The Hydrolysis (Scotland) (No 2) Regulations 2026 are similar to the Cremation (Scotland) Regulations 2019. They set out the statutory framework for the management and operation of hydrolysis facilities, the application forms to be used for hydrolysis and the information to be recorded in registers of hydrolysis. They also set out clear requirements and procedures for the recovery, handling and return of hydrolysis powder, which will be the same as the ashes-handling procedures following cremation that are set out in the Cremation (Scotland) Regulations 2019. The statutory requirements for the handling of powder will apply to hydrolysis authorities and funeral directors in line with instructions from the applicant.

As is the case with cremation, the regulations will form one part of the wider regulatory oversight by a number of bodies. Those that wish to set up as a hydrolysis authority will need to obtain various consents in advance and will be subject to on-going legislative requirements. First, Scottish Water will need to grant trade effluent consent as well as having an on-going role in overseeing and monitoring the liquid from hydrolysis facilities. Where the location of the facility means that there is no access to a public drain, the Scottish Environment Protection Agency, rather than Scottish Water, will need to give consent and regulate the discharge of the liquid into the environment.

Secondly, a planning application will need to be submitted to the planning authority to adapt existing premises or to open a new facility. The planning application process will consider the location, visual impact and impact on local infrastructure such as access and transport links.

In addition, Scottish Government-appointed inspectors of hydrolysis will have to approve a hydrolysis facility before the hydrolysis authority will be able to accept applications.

That network of oversight will ensure that the high standards that the public can expect in cremation will apply to hydrolysis. I look forward to answering any questions that the committee may have.

Those liquids are stored within the facilities alongside acids that can be used to neutralise them.

That is an important question. We must be absolutely clear that the process is safe. Once hydrolysis has taken place, the liquid is removed, cooled and treated, and there is a full heat and rinse of the chamber. The liquid is then safely discharged into the water treatment network. The liquid contains no solids, only natural compounds such as proteins, peptides, sugars and salts, and it is sterile, with no DNA going into the water system. That explains why we must ensure that Scottish Water and SEPA are content with the process, and it ensures that only sterile water goes into the water system.

As I said to Mr Whittle, there is a sterilisation process once the water cremation or hydrolysis has taken place. The remaining liquid that is then released into the system is free of toxins, DNA and proteins.

Happy new year to you, too, Ms Mackay. Your question about uptake is a really good and interesting one. The conversations that I have had have ranged from some people being really interested in the process to others being less so, which I suppose is human nature. That is why it is important to underline that hydrolysis will not replace either burial or cremation but is another option.

I understand from conversations that I have had, through the Parliament’s cross-party group on funerals and bereavement, that a number of funeral directors are interested in hydrolysis. If there is that interest, and given that the method is being used across the world, including in South Africa, in Australia and, more recently, in Ireland, I imagine that there will be a demand for it.

These regulations have not required an environmental impact assessment. It would be for Scottish Water, local authorities and SEPA to determine how regularly they require that regulation, from their perspective.

In Scotland, we require a certificate of death, as is the case in the other United Kingdom nations. We have been in conversation with the UK nations and the UK Government about how we move forward. The UK Government is looking at introducing similar regulations to those that we have on burials and cremations.

As I said, Scotland would be the first of the UK nations to offer hydrolysis as an option. The Scottish Government’s position is that, when remains are repatriated to Scotland from other parts of the UK, and when hydrolysis is the disposal method that is used in Scotland, consent from a coroner to cremate would be sufficient for the hydrolysis authority to be able to proceed with hydrolysis, because both are final forms of disposal.

It is on our radar.