New methods for laying the deceased to rest, including human composting and water cremation, could soon be introduced across England and Wales, according to a recent report.
Currently, the Law Commission notes that only traditional burial, cremation, and burial at sea are formally recognised under law in these nations.
The potential shift follows Scotland’s pioneering move in March, which saw it become the first UK nation to legalise water cremation as an alternative to existing funeral practices.
The Law Commission’s recommendations suggest that both the Westminster and Welsh governments should be empowered to approve and regulate these emerging funeral and burial methods through secondary legislation.
Water cremation, also known as resomation or alkaline hydrolysis, involves placing the body, typically wrapped in a silk or woollen shroud or other biodegradable material, into a chamber containing hot water and chemicals.
This process significantly accelerates decomposition, with the remains then returned to next of kin, similar to ashes after conventional cremation.
Another method under consideration is human composting, or terramation. This process sees the deceased placed within a specially designed container alongside a mixture of wood chips, straw, and other organic materials. Over several weeks, the body naturally breaks down, transforming into nutrient-rich soil.
The commission noted that water cremation is already available in parts of Australia and Canada, while both methods take place in parts of the United States.
The commission’s report has recommended the need for a clear legal framework for new methods for dealing with dead bodies, but said the question of which methods should be used is one to be dealt with by governments.
The report suggested the two governments should “be able to respond as new methods emerge, without needing to pass primary legislation each time a new method is to be regulated”.
It said ministers should consider, when looking at new methods, protecting the environment as well as public health and public safety, alongside ensuring human remains are treated with dignity.
Its report also stated that none of the recommendations would require anyone to use a particular method, therefore ensuring a person’s religious and cultural practices are protected.
It added there must be “an effective system of oversight” to ensure compliance with regulations are monitored including inspection of facilities.
Commissioner for Public Law Professor Alison Young said: “Everyone deserves the right to have their wishes respected after death, and those who love them deserve confidence that the law will protect that.
“Our recommendations create a clear, future-proof legal framework that gives government the tools to approve new options safely, with proper oversight and without affecting existing choices.”
Earlier this year the commission set out recommendations aimed at to addressing a shortage of burial space whilst ensuring robust safeguards for grieving families.
That report suggested modernising laws – some of which have not changed for more than 170 years – to allow graves which are more than a century old to be reused in cemeteries across England and Wales, but war graves to be protected.
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