Church supports proposals for radical change in burial law

The Church in Wales is supporting a proposed radical change to the burial law which would transfer care of closed graveyards to local authorities.

In Wales, church graveyards that are closed because they are full, have to be maintained by the congregations. This could change under proposals put forward by the Law Commission to transfer their care to local authorities, as is the case in England.

A consultation on the proposed changes to the Burial and Cremation law is underway and people are being urged to respond.

Alex Glanville, Director of Property Strategy for the Church in Wales, says the cost of maintaining closed graveyards, which are community burial places, has been a heavy and unfair burden for churches for many years.

He says, "This proposes a radical change that would impact significantly on the Church in Wales.

“It is the only denomination in Wales that has an obligation to bury all parishioners, without discrimination – a similar duty to the Church of England. However, we do not have the equivalent power to transfer maintenance of closed burial grounds to local authorities.

“We believe the proposed change in the law is fair. Our congregations receive no income from closed burial grounds so the burden of maintenance weighs heavily on them.

“We are very grateful for discretionary grants made by some local councils and urge others to consider doing the same. But we do believe the responsibility for maintaining places of community burial, which are full, should be able to be passed to the local authority.”

The consultation can be accessed at: Burial and Cremation - Law Commission. The proposal on closed graveyards is in Chapter 7 and question 31.

Comments can be made via an on-line portal as detailed in the consultation. The deadline for response is the January 9 2025.

Following the consultation, the Government will consider the recommendations and consider when to bring forward legislation. Much of the law in this area is devolved to Welsh Government.

The photos show Mynwent Tanysgafell, near Bethesda in North Wales. The graveyard surrounds a ruined chapel and was in use between 1848 and 1913. Among those buried were quarry workers, few of whom lived beyond their 40s. The graveyard is the responsibility of Bro Ogwen Ministry Area. Recently parishioners have had to raise a lot of money for wall repairs and tree work after concerns from neighbours about hazards.