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DEREGULATION
Motion made, and Question put forthwith, pursuant to Standing Order No. 18(1)(a) (Consideration of draft deregulation orders),
Tellers for the Ayes:
Tellers for the Noes:
Question accordingly agreed to.
Motion made, and Question proposed, That this House do now adjourn.--[Mr. Pope.]
Ms Jean Corston (Bristol, East):
I am grateful for the opportunity to debate the future of Arnos Vale cemetery in my constituency. It was established by a private Act of Parliament in 1837, and is--and has always been--owned by the Bristol General Cemetery Company. It comprises 45 acres in the city, was planned as a Greek necropolis, and has been described as an Arcadian garden. It is of unique ecological importance, in that it has changed from being mediaeval countryside to a Georgian estate to a Victorian cemetery without the use of chemical pesticides or insecticides.
The cemetery provides a fascinating insight into the history of Bristol, as it contains the graves of the Victorian well-to-do, a survivor of the charge of the Light Brigade, a police officer who was murdered in Old Market while trying to intervene in a fight over the ill treatment of a donkey, and the notorious Mary "Princess Cariboo" Baker, who managed to persuade the squire of Almondsbury that she was an eastern princess.
There are also the unmarked mounds of the common graves of the Victorian poor and the markers of the "guinea" graves of those whose friends and relatives had managed to put up the required 21 shillings and so avoid a pauper's funeral. There are many Commonwealth war graves, and last--but by no means least--the mausoleum of Raja Rammohun Roy, who is internationally revered as a humanist and social reformer, and whose statue stands outside the Council House in Bristol.
The income of the cemetery obviously declined as it filled up, and the costs of upkeep rose as burials continued to the present day. In 1987, Mr. Tony Towner took over as the new owner, and he and his wife became the principal shareholders in the Bristol General Cemetery Company. He made no secret of the fact that he was effectively given the cemetery in lieu of a professional debt. Mr. Towner is a barrister.
After my election in 1992, Mr. Towner contacted me to discuss the state of the cemetery. Such was my concern that, on 6 December 1992, I convened a meeting at the Council House in Bristol, which I chaired. It was attended by representatives of Bristol city council, Mr. and Mrs. Towner, the Victorian Society and representatives of the Association for the Preservation of Arnos Vale Cemetery, known as APAC. We discussed all the issues that arose from the private ownership of the cemetery, which was facing decline. At that stage, there was already considerable dereliction in the cemetery.
There was a further meeting on 12 February 1993, which I also chaired, when we discussed issues relating to the records of the cemetery, because Mr. Towner had made it clear that he did not think that they were safe as the property was subject to vandalism. An offer was made to microfiche or film the cemetery records, and it was made clear that the cost would not be borne by the cemetery company. However, there was no co-operation from Mr. Towner, not just on this issue but on any other issue raised at the meeting in December 1992. I found that puzzling, in view of the fact that he had approached me to help resolve the issue.
As to APAC, which is now known as the Friends of Arnos Vale Cemetery, I must say that I have never come across a more responsible and committed group of individuals. I believe that they have only the upkeep and the best interests of the cemetery at heart. They offered to provide a cut-and-clear service for the cemetery and, after Mr. Towner objected to insurance indemnity, had discussions with the National Federation of Cemetery Friends and agreed to provide their own insurance cover for any accident or mishap arising from their activities.
Their reward was rudeness, intimidation and repeated threats of legal action--once when the then chairman was recovering from a serious illness--from Mr. Towner and his solicitors. I also have copies of threatening and intimidating letters from Mr. Towner to constituents who expressed distress at the state of the cemetery.
I referred to the Raja Rammohun Roy. He has a unique importance for the Indian community, in the United Kingdom and world wide. A centre promoting his work is located in Delhi. The High Commission has made strenuous efforts over many years to restore the mausoleum. There are regular pilgrimages to the cemetery, and one visit every year--which is usually attended by the high commissioner--to mark the date of the Raja's death.
The high commissioner has been locked out on that day at least once. The spectacle of a representative of a friendly country and fellow member of the Commonwealth visiting this country, only to be locked out of the premises to which he had asked for access, and having to leave flowers at the gate, was disgraceful. There was a gross discourtesy, and, to its credit, the high commission is still patiently trying to resolve the issue.
The site is also unique in heritage terms, which is where its future lies. A letter to me from English Heritage on 14 January 1993 states:
Mr. Towner's failure to disclose his financial situation meant that it was difficult for English Heritage to give grant, because he could not demonstrate need for financial assistance. He knew that in 1992. The south-west team of English Heritage made it clear that there was no possibility of a grant to him, that he was unable to accept the grant conditions, and that it would not communicate further with him on the matter. I formed the view then that a trust for the people of Bristol was the only answer.
Bristol city council's responsibility has generally been confined to environmental matters, principally the crematorium. It was built in 1928, when cremation was not common. Mr. Towner's accusation that the council built crematoria to put Arnos Vale out of business is manifestly absurd. Canford crematorium opened in 1957, and Bedminster Down in 1971, as cremation became more acceptable and popular. That was long before Mr. Towner
knew where Arnos Vale was. He took it over in the full knowledge that there were local authority crematoria in Bristol.
Arnos Vale crematorium is at the end of its useful life. Bristol city council has served notice under the Environmental Protection Act 1990, ordering the company to meet certain conditions and bring the crematorium up to standard. Mr. Towner appealed against a previous notice, and I was astonished when he succeeded. He was given until 31 March 1998 to bring the crematorium up to the standards laid down by the 1990 Act.
I do not often read the Investors' Chronicle, but I am pleased that I read the 7 January 1994 issue, because I saw an advertisement for "Arnos Village Cemetery Operator". It continued:
When I saw the advertisement, I immediately contacted Bristol city council. I am pleased that the result was that conservation area status was conferred by the council in July 1996. In a way, that made sense of the previous few years and of Mr. Towner's refusal to co-operate in guaranteeing the future of Arnos Vale. My opinion is that his objective was always to sell the site for development.
Matters came to a head earlier this year, with a newsletter from the company headed: "Exhumation--a sad necessity?" It says:
That notice must be unprecedented, and the public reaction was what any right-minded person would expect: extreme distress, revulsion and anger. The culmination was Mr. Towner's announcement that he was closing the cemetery permanently, as from 31 March 1998. I cannot describe the grief and distress that that caused, but the people of Bristol decided they would have none of it. They took over, drew up a rota for locking and unlocking the gates, and set about a clean-up. The cemetery looks better than it has for years. Mr. Towner's reaction was to call those people "vigilantes", who were involved in "mob-rule", in a letter to me. I can only describe the use of such language in respect of bereaved people as despicable.
The Bristol Evening Post has helped to keep up the pressure, with coverage virtually every day. There are now 1,500 people in its Arnos Vale army. That coverage has been vital in keeping the issue at the forefront of public attention.
Bristol's planning, transport and development committee considered Arnos Vale cemetery at its meeting on 23 April 1998. It welcomed the report, and agreed that a regeneration study, looking at the historic buildings, landscape and future management of the cemetery, should be commissioned. Subsequently, the policy and resources committee agreed to underwrite the cost of the study, until money becomes available.
The regeneration study is expected to cost about £40,000. The council hopes to set up a joint project, funded by English Partnerships, English Heritage and the Bristol Preservation Trust. A brief for the study is being put together, and it is hoped that it will be commissioned in June and that there will be a report in September. The council is about to write to Mr. Towner, requesting urgent works to listed buildings. If he fails to carry them out, the city council will undertake them and put a charge on the property. A petition of about 18,000 signatures will be submitted to the city council any day now.
The leisure services committee is satisfied that the quality landscape is being well cared for by volunteers, and it looks forward to a landscape plan as part of the regeneration study. The Commonwealth War Graves Commission recently took on landscape maintenance around its graves.
There are marvellous opportunities for community involvement in regeneration and to tie in with Government projects, such as the environmental task force. There is also the possibility of a local employment and training project for work on walls and buildings, as well as landscape maintenance and enhancement. The site may be beneficially used as a local social history resource outlet for schoolchildren and others who are interested in local history.
Mr. Towner charges £25 for every letter or fax that he sends in connection with funerals, and £15 for each phone call. A private burial takes three weeks to set up, and that was described by a Bristol undertaker as "extortionate and without justification."
I am delighted that my hon. Friend the Under-Secretary of State for Culture, Media and Sport will reply to the debate, and I call upon him to use any powers that are open to his Department to secure the cemetery as a precious asset to our heritage and as a haven for remembrance, contemplation and conservation. I understand that his Department has reserved powers to serve a repair notice on a site owner specifying work that is to be carried out, but that those powers would be used only in exceptional circumstances. I cannot think of any circumstances that are more exceptional than these.
That the draft Deregulation (Deduction from Pay of Union Subscriptions) Order 1998 be approved.--[Mr. Pope.]
The House divided: Ayes 221, Noes 100.
AYES
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Alexander, Douglas
Allen, Graham
Anderson, Donald (Swansea E)
Atherton, Ms Candy
Atkins, Charlotte
Austin, John
Ballard, Mrs Jackie
Banks, Tony
Barnes, Harry
Bayley, Hugh
Beard, Nigel
Beckett, Rt Hon Mrs Margaret
Bell, Stuart (Middlesbrough)
Benton, Joe
Berry, Roger
Betts, Clive
Bradley, Keith (Withington)
Bradley, Peter (The Wrekin)
Bradshaw, Ben
Brinton, Mrs Helen
Brown, Rt Hon Gordon
(Dunfermline E)
Brown, Rt Hon Nick (Newcastle E)
Buck, Ms Karen
Burden, Richard
Byers, Stephen
Campbell, Alan (Tynemouth)
Campbell, Mrs Anne (C'bridge)
Campbell, Ronnie (Blyth V)
Caplin, Ivor
Chapman, Ben (Wirral S)
Chaytor, David
Chidgey, David
Clark, Paul (Gillingham)
Clarke, Charles (Norwich S)
Clelland, David
Coaker, Vernon
Coffey, Ms Ann
Colman, Tony
Cooper, Yvette
Corbyn, Jeremy
Corston, Ms Jean
Cotter, Brian
Crausby, David
Cryer, Mrs Ann (Keighley)
Cryer, John (Hornchurch)
Cunningham, Rt Hon Dr John
(Copeland)
Darling, Rt Hon Alistair
Darvill, Keith
Davey, Edward (Kingston)
Davey, Valerie (Bristol W)
Davies, Geraint (Croydon C)
Davis, Terry (B'ham Hodge H)
Dawson, Hilton
Denham, John
Dobbin, Jim
Doran, Frank
Dowd, Jim
Drew, David
Eagle, Angela (Wallasey)
Edwards, Huw
Efford, Clive
Ellman, Mrs Louise
Ennis, Jeff
Etherington, Bill
Fisher, Mark
Fitzpatrick, Jim
Follett, Barbara
Foster, Rt Hon Derek
Foster, Don (Bath)
Foster, Michael Jabez (Hastings)
Foster, Michael J (Worcester)
Gapes, Mike
Gardiner, Barry
George, Bruce (Walsall S)
Gerrard, Neil
Gibson, Dr Ian
Godman, Dr Norman A
Godsiff, Roger
Gordon, Mrs Eileen
Gorrie, Donald
Grocott, Bruce
Grogan, John
Hall, Patrick (Bedford)
Hanson, David
Heath, David (Somerton & Frome)
Hepburn, Stephen
Heppell, John
Hesford, Stephen
Hewitt, Ms Patricia
Hill, Keith
Hoon, Geoffrey
Hope, Phil
Howarth, George (Knowsley N)
Howells, Dr Kim
Hughes, Ms Beverley (Stretford)
Hughes, Simon (Southwark N)
Hutton, John
Iddon, Dr Brian
Jackson, Ms Glenda (Hampstead)
Jenkins, Brian
Johnson, Alan (Hull W & Hessle)
Johnson, Miss Melanie
(Welwyn Hatfield)
Jones, Helen (Warrington N)
Jones, Dr Lynne (Selly Oak)
Jowell, Ms Tessa
Kaufman, Rt Hon Gerald
Keeble, Ms Sally
Keetch, Paul
Kelly, Ms Ruth
Kemp, Fraser
Kennedy, Charles (Ross Skye)
Kennedy, Jane (Wavertree)
Khabra, Piara S
Kidney, David
Kilfoyle, Peter
King, Andy (Rugby & Kenilworth)
Kingham, Ms Tess
Kumar, Dr Ashok
Laxton, Bob
Lepper, David
Leslie, Christopher
Lewis, Ivan (Bury S)
Linton, Martin
Livingstone, Ken
Livsey, Richard
Lloyd, Tony (Manchester C)
Lock, David
Love, Andrew
McAvoy, Thomas
McCabe, Steve
McCartney, Ian (Makerfield)
McDonagh, Siobhain
McDonnell, John
Mackinlay, Andrew
McNamara, Kevin
MacShane, Denis
Mactaggart, Fiona
McWalter, Tony
Mallaber, Judy
Marsden, Gordon (Blackpool S)
Marsden, Paul (Shrewsbury)
Martlew, Eric
Merron, Gillian
Michael, Alun
Michie, Bill (Shef'ld Heeley)
Michie, Mrs Ray (Argyll & Bute)
Milburn, Alan
Miller, Andrew
Moffatt, Laura
Moore, Michael
Moran, Ms Margaret
Mudie, George
Mullin, Chris
Norris, Dan
Oaten, Mark
O'Brien, Mike (N Warks)
O'Hara, Eddie
Pearson, Ian
Pendry, Tom
Pike, Peter L
Plaskitt, James
Pollard, Kerry
Pond, Chris
Pope, Greg
Prentice, Ms Bridget (Lewisham E)
Primarolo, Dawn
Purchase, Ken
Quin, Ms Joyce
Rammell, Bill
Raynsford, Nick
Reed, Andrew (Loughborough)
Reid, Dr John (Hamilton N)
Rendel, David
Robinson, Geoffrey (Cov'try NW)
Roche, Mrs Barbara
Rooker, Jeff
Rooney, Terry
Ross, Ernie (Dundee W)
Ruane, Chris
Russell, Bob (Colchester)
Russell, Ms Christine (Chester)
Ryan, Ms Joan
Salter, Martin
Sanders, Adrian
Sawford, Phil
Sedgemore, Brian
Singh, Marsha
Skinner, Dennis
Smith, Rt Hon Andrew (Oxford E)
Smith, Angela (Basildon)
Smith, Miss Geraldine
(Morecambe & Lunesdale)
Soley, Clive
Spellar, John
Squire, Ms Rachel
Starkey, Dr Phyllis
Steinberg, Gerry
Stewart, Ian (Eccles)
Stuart, Ms Gisela
Sutcliffe, Gerry
Taylor, Ms Dari (Stockton S)
Thomas, Gareth R (Harrow W)
Todd, Mark
Tonge, Dr Jenny
Touhig, Don
Turner, Dennis (Wolverh'ton SE)
Twigg, Stephen (Enfield)
Vis, Dr Rudi
Wallace, James
Walley, Ms Joan
Ward, Ms Claire
White, Brian
Whitehead, Dr Alan
Wicks, Malcolm
Williams, Alan W (E Carmarthen)
Willis, Phil
Wood, Mike
Woolas, Phil
Wright, Anthony D (Gt Yarmouth)
Wright, Dr Tony (Cannock)
Mr. David Jamieson and
Janet Anderson.
NOES
Ainsworth, Peter (E Surrey)
Amess, David
Ancram, Rt Hon Michael
Arbuthnot, James
Atkinson, Peter (Hexham)
Baldry, Tony
Bercow, John
Blunt, Crispin
Brady, Graham
Brooke, Rt Hon Peter
Browning, Mrs Angela
Bruce, Ian (S Dorset)
Burns, Simon
Butterfill, John
Cash, William
Chapman, Sir Sydney
(Chipping Barnet)
Clifton-Brown, Geoffrey
Collins, Tim
Cran, James
Curry, Rt Hon David
Davies, Quentin (Grantham)
Day, Stephen
Duncan Smith, Iain
Faber, David
Fabricant, Michael
Flight, Howard
Fox, Dr Liam
Fraser, Christopher
Garnier, Edward
Gibb, Nick
Gill, Christopher
Gillan, Mrs Cheryl
Goodlad, Rt Hon Sir Alastair
Gray, James
Green, Damian
Greenway, John
Grieve, Dominic
Hamilton, Rt Hon Sir Archie
Hammond, Philip
Hawkins, Nick
Hayes, John
Horam, John
Howard, Rt Hon Michael
Howarth, Gerald (Aldershot)
Hunter, Andrew
Jack, Rt Hon Michael
Jackson, Robert (Wantage)
Jenkin, Bernard
Key, Robert
King, Rt Hon Tom (Bridgwater)
Kirkbride, Miss Julie
Laing, Mrs Eleanor
Lansley, Andrew
Leigh, Edward
Lewis, Dr Julian (New Forest E)
Lidington, David
Lilley, Rt Hon Peter
Loughton, Tim
Luff, Peter
MacGregor, Rt Hon John
McIntosh, Miss Anne
MacKay, Andrew
McLoughlin, Patrick
Madel, Sir David
Malins, Humfrey
Maples, John
Mawhinney, Rt Hon Sir Brian
Norman, Archie
Page, Richard
Paterson, Owen
Prior, David
Redwood, Rt Hon John
Robertson, Laurence (Tewk'b'ry)
Ruffley, David
St Aubyn, Nick
Sayeed, Jonathan
Shephard, Rt Hon Mrs Gillian
Soames, Nicholas
Spelman, Mrs Caroline
Spicer, Sir Michael
Streeter, Gary
Swayne, Desmond
Syms, Robert
Taylor, Sir Teddy
Townend, John
Tredinnick, David
Trend, Michael
Tyrie, Andrew
Viggers, Peter
Walter, Robert
Wardle, Charles
Waterson, Nigel
Wells, Bowen
Whitney, Sir Raymond
Whittingdale, John
Widdecombe, Rt Hon Miss Ann
Willetts, David
Wilshire, David
Woodward, Shaun
Yeo, Tim
Mr. John M. Taylor and
Mr. Oliver Heald.8.23 pm
"Cemetery contains 16 listed structures of which the 1830's Bath Road entrance lodges, gates and screen walls, 2 mortuary chapels of 1840 and retrospective commemoration of Raja Rammohun of 1843 are all listed Grade II* the Cemetery Road gates, 1914-18 war memorial, 1866 obelisk and five further memorials are listed Grade II. All these structures have been on the statutory list for at least 30 years."
On 19 May, the 1998 buildings-at-risk register listed the entrance lodge gates and mortuary chapel of Arnos Vale cemetery.
"Arnos owns and operates a 45-acre cemetery in Bristol less than half a mile from Temple Meads station. It has retained Hambros to advise it on developing up to 30 acres of the site. If negotiations over the new Bristol City development plan go well, Arnos calculates that up to 400 houses could be built on land where graves have been moved. Meanwhile it looks an attractive shell."
It is important to remember the case of the Westminster cemeteries. In January 1987, three were sold by Westminster borough council for 15p--or 5p each. The cemeteries--at Mill Hill, East Finchley and Hanwell--were outside the boundaries of Westminster borough, and so were thought to be a waste of Westminster ratepayers' money. According to Lady Porter, in an Evening Standard article on 8 March 1989, the cemeteries were offered to the appropriate local authorities for nothing and were refused, so it was decided to sell them to eliminate the £300,000 a year maintenance costs. Valuable land was also given away with the cemeteries--12 acres at Mill Hill. The purchaser, who paid 15p, sold them on for £1.25 million.
"An uncertain future for our famous Arnos Vale Cemetery now needs you to consider how best to continue your respect for your relatives and loved ones graves.
21 May 1998 : Column 1185
If the grave of your loved one or friend is in the top part stretching between the Cemetery Road gates and the Park where the distress and dereliction is at its greatest (and will be unaffected by Heritage funded improvements to the original Arcadian Gardens) you may wish to consider exhuming the remains for re-burial in the original Victorian Arcadian Gardens (which whatever happens must surely be preserved) near the chapels or for cremation with the ashes to be buried in a cremation plot in the same area, or to be scattered here, or if you wish, to be re-interred in another cemetery of your choice.
How has this come about?
One simple answer--No money.
Why not?
Two main reasons--competition for cremations from Council owned crematoria installed despite our company having sufficient capacity, at that time, for the whole of Bristol and the costs of compliance with environmental legislation."
The newsletter invites readers to apply for an
I immediately contacted the Home Office, and asked that no decision be taken on the granting of licences for exhumation.
"information pack on the future of Arnos Vale and how exhumations are arranged."
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