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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 6 February 2026
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Displaying 2644 contributions

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Health, Social Care and Sport Committee [Draft]

Decision on Taking Business in Private

Meeting date: 6 January 2026

Clare Haughey

Good morning, and welcome to the first meeting in 2026 of the Health, Social Care and Sport Committee. I have received apologies from Elena Whitham. Carol Mochan and Paul Sweeney will join us remotely.

The first item on our agenda is a decision on whether to take item 5 in private. Do members agree to take that item in private?

Members indicated agreement.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

The National Society of Allied and Independent Funeral Directors in Scotland—SAIF—raised a couple of issues in its submission to the committee. One question that it asked was whether there had been discussion with coroners about form 104 mentioning hydrolysis. It has also asked whether form 6, which authorises cremation, will be accepted for hydrolysis in Scotland.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

It is helpful for the committee to know that that is on your radar.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

Given the circumstances in which someone would be taking the remains of a friend or relative overseas, you would want that to be done as sensitively as possible.

Thank you very much, minister. We have reached the end of our questions.

We will now move to agenda item 3, which is the formal debate on the instruments on which we have just taken evidence. I remind the committee that officials may not speak in the debate. Minister, I ask you to speak to and move motions S6M-20005 and S6M-20006.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

Thank you for that clarification.

The other issue that SAIF raised is the description of hydrolysis products as “powder” in the event of sending remains abroad, which will require consular permission from most countries, given that consular documents and requirements will refer only to cremation. As there are other legal substances with similar composition, has there been any consultation on, or has consideration been given to, the description of those remains as “powder”? Has the possibility of those substances being stopped at customs been considered?

11:15  

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

I understand that it is for other countries to decide what they allow to come across their borders, but I suppose that my question is about the consideration of that issue. You spoke earlier about hydrolysis being used in other countries. Has there been any consultation or evidence gathering on whether relatives or friends have faced difficulties in taking remains, following hydrolysis, to another part of the world?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

Thank you, minister. A number of members have questions. We will begin with Brian Whittle.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

Thank you, Mr Gulhane. Minister, would like to say anything in conclusion?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

That concludes consideration of the instruments. Minister, you and your officials are welcome to stay, but you are also welcome to leave at this point.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 6 January 2026

Clare Haughey

Item 4 is consideration of two negative instruments. The first is the Burial and Cremation (Applications and Registers) (Miscellaneous Amendment) (Scotland) Regulations 2025. The purpose of the regulations is to amend the Burial (Applications and Register) (Scotland) Regulations 2024 and the Cremation (Scotland) Regulations 2019 in order to update the burial and cremation application forms and amend requirements of the cremation register. The instrument also updates wording in the burial applications regulations, to make it clearer.

The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 9 December and drew Parliament’s attention to inconsistencies related to forms that are associated with the regulations, specifically BF4—burial form 4—which did not contain an authorisation for burial section, in contrast to the current BF4.

The Scottish Government responded by stating that removing section 4 was not intentional but that the relevant regulations do not require that that section be completed, so it has no operative legal effect. It also advised that section 4 is currently completed by burial authorities as an administrative step and that such authorities will still need to take that step in the absence of section 4 on the application form. The Scottish Government also indicated that it will set that out in guidance for the avoidance of any doubt.

No motion to annul the regulations has been received so far. As no member wishes to comment, I propose that the committee does not make any recommendations in relation to this negative instrument. Are we agreed not to do so?

Members indicated agreement.