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Belfast Live
National
Lauren Harte

Co Down mum wants 'Daniel's Law' campaign on overturning burial rules rolled out across NI

A Co Down mum has welcomed plans by Ards and North Down Borough Council to introduce reduced burial costs for grieving families whose loved ones die overseas.

Maxine Porter from Donaghadee now hopes 'Daniel's Law' will be rolled out across every council area in Northern Ireland as a fitting tribute to her beloved son, who passed away suddenly last year just days before he was due to return home from Australia.

Daniel Ferguson, 33, was set to arrive back in his native Donaghadee from Sydney on December 15 2021.

Read more: Grieving Co Down mum campaigns for 'Daniel's Law' in bid to overturn burial rules

However, his family received a devastating phone call four days earlier informing them that he had died suddenly following a heart attack.

Daniel, affectionately known by the nickname Fergie, was a much-loved and well-known character in Donaghadee, with a close knit group of friends, both in Northern Ireland and Australia.

His visit home would have been his first time back in Northern Ireland in four years, after moving to Australia roughly six years earlier.

He had given up his flat in Australia, had a job lined up and to mark his first trip back in four years, family and friends had an exciting schedule of plans lined up to celebrate.

But as his heartbroken family prepared to bring him home for the last time, they had no idea of the difficulties they would face.

Daniel's remains were returned to his family with help from The Kevin Bell Repatriation Trust and it was planned that he would be laid to rest at Ballyvester Cemetery on Christmas Eve, where some of his grandparents and great-grandparents are also buried.

But his family were left stunned when informed that Daniel was classed as a "non-resident" by Ards and North Down Council as he was living outside the borough, which meant that they were faced with 50% higher burial costs.

His mum Maxine Porter, 62, described the news as "a slap in the face" at the time. She vowed to campaign for a change to council burial charging policy as a lasting memorial for her son and also to ensure that no other family faces similar "bureaucracy".

Maxine said the council's decision not to bury her son as a resident was "every parent's worst nightmare" and "really gobsmacking".

Following months of lobbying, the council has now agreed to reduce burial rates for people who die overseas, provided they meet a number of criteria.

Firstly families must provide evidence of Northern Ireland identification, such as a driving licence issued to them within the last three months and bearing an address within Ards and North Down.

They must also prove that their loved one's return to the borough was imminent, with flight tickets or other evidence of travel arrangements, and show that this return was intended to be permanent, such as a mortgage or tenancy arrangement.

Daniel was affectionately known by the nickname Fergie (Submitted)

Maxine is now campaigning for Daniel's Law to be rolled out province wide.

She told Belfast Live : "I was really heartened that Ards and North Down councillors did lend a compassionate ear and I'm sure many of them are parents themselves.

"They really did get behind the whole idea of bringing about change in the borough so this is an excellent outcome.

"While this move by the local council is welcome, it's just the first hurdle and needs to be rolled out across Northern Ireland's other boroughs.

"I'm definitely not finished with this campaign to ensure that no other family faces such an ordeal again.

"I am quite willing to meet with the other councils and draw on my own personal experience of how difficult a situation it can be when you're in the midst of grief."

Maxine added: "At the time all this happened, Daniel was very much a Donaghadee lad but he was being denied the basic right to be buried as a resident in his hometown.

"He was such a compassionate human being with lots of friends so he wouldn't have wanted any parent to go through this either. I think he would be very proud."

Maxine's campaign has been backed by UUP Councillor Mark Brooks, who also hopes that since the policy is now being amended in Ards and North Down, the same will happen in other ten councils across Northern Ireland.

He said: "I'm very happy that the council were so accommodating and the chief executive, Stephen Reid and director of community and wellbeing, Graham Bannister met with Maxine earlier this year.

"They have now agreed to amend the regulations so if there is another case of a similar nature to Daniel then there wouldn't be the cost or protocol that his family had to go through.

"What we would like to do now is write to all the councils in Northern Ireland to bring in a 'Daniel's Law' too."

A council spokesperson said: “At the Community and Wellbeing Committee Meeting on 15 June, it was recommended that the Council should amend its cemetery pricing policy. The amended policy will include a qualification for resident's discount for imminent residency.

"The proposal was approved and will be implemented immediately following the outcome of equality screening.

"Furthermore, Ards and North Down Borough Council will write to all other councils in Northern Ireland to encourage them to consider making similar amendments to their cemetery pricing policies.”

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