When I first saw this story, “Daughter who buried father in illegal woodland pagan funeral avoids jail”, my outrage-meter went off the scale at the apparent violation of religious freedom. Unnecessarily, it turned out. Eirys Brett was not in court for conducting a pagan funeral. She would still have been in court had the funeral service been the Order for The Burial of the Dead from the Book of Common Prayer. She was in court because she did not register her father’s death and because she buried him in a place not set aside for that purpose:
Merthyr Tydfil Crown Court heard that frail Mr Brett made last requests that he wanted to be buried in woods in a medieval non-Christian style near his farmhouse home, in Aberedw, near Builth Wells.
The judge was not without sympathy. He said,
“Everybody’s entitled to their beliefs and make no comment about yours. But you should have gone about it in a different way.
“You could have achieved the same objective by following the law and that is not simply where you think or where he thinks is appropriate but where you are permitted to bury him and to register the death – those were the two things you failed to do.”
It is not clear to me whether the woodland area where the late Mr Brett was buried was on his own land. If it was, I can see no reason why he should not be buried there. However, if the vaguely specified “woods” were not his woods, I do see a problem. If I found out that someone had buried their dead relative in my garden I would be disconcerted, however well they cleared up afterwards.
It is the second charge that interests me more. She failed to register his death. In the UK it is a criminal offence not to register a death.
Why?
As an inveterate reader of detective stories, I can think of some good reasons for this law. But as a libertarian, I feel obliged not to simply accept it because it is a law that goes back to the days when the State laid fewer burdens on us than it does now.
What do you think?