Judge rejects case of Northern Ireland businessman who wanted to start private crematorium - but says he raised 'important issue of public interest'

Oliver Hughes had intended to operate a crematorium in the Carrickmore area of rural mid-Tyrone, but had argued that the Province’s laws are “unreasonable and irrational” because they bar him from doing so.

For decades, Northern Ireland has had just a single crematorium, located at Belfast City Council’s Roselawn cemetery and set up in 1961.

It was designed for an estimated 700 cremations per year – but as of 2021 it was dealing with more than 3,500 (which, assuming the crematorium was running every single day of the year, would amount to an average of 9.6 per day).

The law surrounding crematoria in Northern Ireland has long been a source of confusion.

The England-based charity The Cremation Society describes the status quo as follows.

It says that while the 1985 act paved the way for councils other than just Belfast to establish crematoria, “until further legislative changes are introduced in Northern Ireland, the only recognised ‘Cremation Authority’ under the 1961 Regulations is Belfast City Council”.

The court was told that Mr Hughes had researched the idea of establishing a fixed and a mobile crematorium, and determined that he could make it into a “profitable business”.

However, not only has the existing law been interpreted as meaning only Belfast council can operate a crematorium, but he complained that the law makes no provision for the existence of private operators.

Mr Hughes argued that “it is not reasonable or rational to conclude that the public interest requires that the provision and maintenance of crematoria be restricted to councils, as many private companies successfully operate facilities in England, Scotland, Wales and the Republic of Ireland”.

He further argued that the law “has resulted in only one crematorium operating physically within the jurisdiction, in Belfast, which severely restricts those from outside the area in accessing a crematorium, and places significant demand on that facility”.

All this, he said, is “for no good reason”.

He had sought a judicial review into the matter.

And whilst Mr Justice Colton refused his application for one, he noted that Mr Hughes had raised a number of good points.

A written summary of the judgement handed down by the High Court today says “the applicant has raised an important issue which is of public interest and an issue of co ncern to several councils and the respondent”.

The document adds that, “not for the first time”, the court has been “confronted with a situation where it is acknowledged by a government department that change is required, but despite this, little progress appears to be made, whatever the intention of the relevant minister or department”.

The court had been assured "this matter is under appropriate review ”.

However, the summary judgement also said the court was “ disappointed to note that it does not appear that the regulations anticipated for December 2022 have materialised, presumably because of the absence of any minister”.

• Protocol latest: Donaldson tells News Letter his 'seven tests' remain the key as UK/EU deal mooted 'within weeks'