Mental Capacity (Amendment) Bill [Lords]

Debate between Helen Whately and Jim Shannon

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 18th December 2018 Commons Chamber

[Helen Whately (Faversham and Mid Kent) (Con)]

It is a pleasure to follow the right hon. Member for North Norfolk (Norman Lamb), who has such expertise in this area and brought such valuable content to this debate as well as a valuable tone, which was very good to hear. I want to say a few things, first, in support of the Bill. As the right hon. Gentleman said, it is very important that we take a moment to reflect on the significance of getting this right.

Depriving someone of their liberty is a very significant act. Liberty is a fundamental right and freedom. We must take it seriously, and we must get this right. It is clear that the current system is not working. The fact that between 100,000 and 200,000 people are waiting because of an applications backlog is clearly unacceptable and cannot continue, given the consequences for individuals who have been deprived of the safeguards to which they are entitled, and the impact on their families and on care homes in which they may be residing.

[Jim Shannon (Strangford) (DUP)]

Earlier today I had a chance to speak about this matter to the Minister and some of her officials. Is it the hon. Lady’s understanding that the issue of human rights has been included in legislation that has been endorsed by Age UK, the Law Commission and Simon Wessely? If that is the case, the action that the Minister and the Government are taking this year is right, because it brings everyone together and ensures that there is legislation that everyone in the House can support.

[Helen Whately]

The hon. Gentleman has made a good point about the support for the Bill. Some Opposition Members have suggested that there is not much support for it, but it is, in fact, widely supported. Yes, there are concerns, with which I shall deal shortly, but, as the hon. Gentleman has said, there is widespread support for improvements in the current system. Those improvements include simplification—less bureaucracy and fewer administrative burdens—and the critically important representation of individuals through the independent mental capacity advocates, which will give them a voice. The frequency of assessments will become more appropriate; as my hon. Friend the Member for Berwick-upon-Tweed (Anne-Marie Trevelyan) said earlier, timings can be inappropriate and excessively burdensome. There is a better choice of language: the Bill removes the term “unsound mind”, which is very stigmatising and completely unnecessary. I am also pleased that the Government have listened to the concerns expressed by some of my constituents about, for instance, potential conflicts of interests for care home owners when a financial interest may be involved.

However, I have three outstanding concerns. First, there is the question of how the amended Act will work for people with severe mental illnesses. The Bill clearly focuses on those who lack capacity because of, for instance, dementia, learning difficulties, autism or brain injuries, but, if I understand it correctly, it could be applied to people with severe mental illnesses. Figures suggest that the current Act is applied to a significant number of people in such circumstances. We know that such illnesses—bipolar disorders, for example—are likely to fluctuate, and that as a result people’s capacity may also fluctuate. That could cause them to be detained and deprived of their liberty when, in fact, they have regained capacity. The Minister in the Lords, Lord O’ Shaughnessy, gave a commitment that that would be addressed in the code of practice, but may I press this Minister to ensure that there are sufficient safeguards in the Bill?

Lorry Parking

Debate between Helen Whately and Jim Shannon

Tuesday 30th January 2018 Commons Chamber

[Helen Whately (Faversham and Mid Kent) (Con)]

A few weeks ago, in the early hours of the morning, a car carrying four men crashed into a parked lorry on the edge of the A2 just south of Faversham. Three of the men were killed; the other was seriously injured. We might never know exactly what happened, and I am absolutely not blaming the lorry driver, but that stretch of the A2 is a well-known spot for what we call lorry fly-parking. Fly-parking is when lorries park in lay-bys or on slip roads, hard shoulders, pavements or verges, often at the edge of busy roads such as the A2, the A20 and the A249 in my constituency. Sometimes they also park up quiet country lanes or in industrial estates and housing estates. In general, these are places where lorries should not be parked for more than the few minutes that might be needed for a delivery or an unexpected stop. Sometimes they park legally, and sometimes illegally. Sometimes they park perfectly safely, albeit inconveniently, but at other times, unfortunately, they park dangerously.

This was not the first fatality in my constituency involving a parked lorry. A 74-year-old woman died after crashing into a lorry parked on the hard shoulder at junction 7 of the M20 a couple of years ago. Whatever the cause of the latest crash, this horrific accident should focus our minds on the problem, focus our attention on the need for more lorry parking spaces, and focus our energies on ending lorry fly-parking. Lorry fly-parking is dangerous. There is a danger to other motorists from lorries lined up, bumper to bumper, in lay-bys, sometimes jutting precariously out into the road. There is a danger to the police officers who risk their lives walking along the hard shoulder at night with hundreds of cars speeding by as they move alongside illegally parked trucks. There is also a danger to the lorry drivers themselves when they are in charge of a heavy goods vehicle but have not had a proper rest. A busy roadside with traffic thundering past is hardly a good place to get a proper night’s sleep.

The haulage industry is, rightly, tightly regulated. Drivers must record their hours on a tachograph and take breaks every four and a half hours. When the time comes to stop, they have to stop, but the roadside is not only a bad place to sleep, but a pretty bad place to stop off in general for a driver, as it has no security, no facilities, no showers and not even toilets. That is hardly helpful for an industry that would like to attract more women. From the point of view of most of my constituents —those who are not lorry drivers—they see extra litter and pretty disgusting other stuff on the roadside, and anyone who needs to pull into a lay-by on a main road can forget it, because they are already full.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for allowing me to intervene. Northern Ireland is heavily reliant on cargo being freighted by ship and then by lorry, so this issue concerns us greatly. We must ensure that there are safe and secure areas for lorry drivers to park, not only to enable them to stay within their hours under EU legislation, but to keep them and those who come into contact with them safe. Does she agree that we should look into providing parking facilities so that those living in residential areas do not have to listen to idling lorries and so that those who drive the lorries can be safe?

[Helen Whately]

I completely agree that this is about making things better for residents and ensuring that lorry drivers have the facilities that they need. I thank the hon. Gentleman very much for bringing a Northern Ireland perspective to the debate.

Lorry parking is not a new problem, but it is growing worse and it is time to fix it. So what is the answer? Everyone we speak to, including the Road Haulage Association, the Freight Transport Association, Highways England, local councillors and our constituents, will give the same common-sense answer: we must build more lorry parks. That seems deceptively simple. We know that there is demand for more truck stops. For instance, Kent County Council’s surveys show that we have around 900 lorries a night parking inappropriately. Lorry parks in Kent are turning lorries away. Ashford lorry park turned away 252 trucks in a single night last year, so the demand is clearly there. Kent County Council has been taking action by identifying possible locations for new truck stops and talking to lorry park operators to gauge their interest. Indeed, the Ashford lorry park just yesterday submitted a planning application to expand from 390 to 600 places. Those extra places will be helpful, but the number still falls far short of the 900 extra places needed in Kent. As freight volumes continue to grow with the growing economy, one can predict that that shortfall will only increase.

However, that prompts a question: given that commercial operators run service stations and lorry parks in the UK, why have more truck stops not stepped up to serve the demand? What can we do to ensure that the shortfall in parking places is met, and quickly? What conversations has the Minister had with lorry park operators about what is stopping them expanding? What investigations has he made to determine how we can encourage planning applications for truck stops that can make their way successfully and speedily through the planning system? I recognise that fast-forwarding planning for lorry parks is difficult, given the experience in Kent with the Operation Stack holding area, but when we get that vital lorry holding area, will the Government ensure that it can also be used for overnight lorry parking? I want lorry parking to be included in all major road improvements—specifically the lower Thames crossing—not just in Kent, but across the country.