Mental Health (Discrimination) (No. 2) Bill

Lord Beamish Excerpts

Friday 14th September 2012 Commons Chamber

[Mr Kevan Jones (North Durham) (Lab)]

It is a pleasure to follow the hon. Member for Broxbourne (Mr Walker). I shall start by declaring two interests. First, I am the president of the Chester-le-Street branch of Mind in my constituency. Secondly, I have suffered in the past from depression and still occasionally have what I call my “black dog” days, although I now know how to deal with them, thanks to the help that I have received over the years.

I congratulate the hon. Member for Croydon Central (Gavin Barwell) on introducing the Bill. I also congratulate—as did the hon. Member for Broxbourne—Lord Stevenson of Coddenham on his tireless work in this area. I look forward to the hon. Member for Croydon Central joining an exclusive club, of which I am a member, when the Bill becomes an Act. It is difficult for a Back-Bench Member to get a Bill enacted into law, and they need to do a great deal of work, not only on the Bill’s preparation but on ensuring that they are on top of all the issues. Back Benchers do not have an army of civil servants to help them. When I introduced my Bill, which became the Christmas Day (Trading) Act 2004, I would certainly have struggled without the help of my dedicated researcher.

Like the hon. Member for Broxbourne, I have had a very positive experience since I spoke on 14 June about my mental illness. I have received thousands of e-mails, letters and other communications from people I know and from complete strangers from all walks of life. I have found it quite a humbling experience. Actually, I suspected all along that I might get such a response.

In the lead-up to today’s debate, I have also received a lot of supportive letters and e-mails. I have also been urging other people to support this worthwhile Bill. Earlier in the week, however, I received a communication from—I shall try to use my language carefully—an ill-informed individual who asked, “Why does this matter? Aren’t you just trying to make an exception for MPs? Why should they be different?” As the hon. Member for Croydon Central and my hon. Friend the Member for Aberdeen South (Dame Anne Begg) have already pointed out, this is not just about Members of Parliament. This is about trying to lift the stigma that, unfortunately, even in 2012, still attaches to mental health, and about helping people to come forward to get the support that they need.

When I was thinking about what I was going to say today, I decided to look back at the history of the legislation on this issue. The thing that saddened me is that it has not changed a great deal in 126 years. The use of language might be different but what the legislation actually does has not changed since 1886. Earlier, in July 1849, the then Member for Thirsk, John Bell, was considered, in the language of the day, to be a lunatic. The House of Commons set up a body entitled the Commission of Lunacy, which concluded that he was, in its word, a “lunatic”. He was telling his constituents and friends that he was a bird, and that he could fly faster than a bird because he oiled his wings. The commission found him to be a lunatic, but could do nothing about it. Sadly, he died in 1851.

The Lunacy (Vacating of Seats) Act 1886 has already been mentioned. The very good House of Commons Library found me a copy of it, so that I could see how the law differed from the present legislation. Apart from the use of language, nothing very much has changed. If someone becomes aware of a Member of Parliament being of unsound mind, they are still required to report it to the Speaker. That is a legal obligation under the 1886 Act, whose provisions require magistrates or other persons in whose care the Member might be placed, including those in charge of lunatic asylums or other areas where a lunatic might reside, to certify the committal or detention of the Member to the Speaker.

There is some great language in the 1886 Act. In those days, the Speaker had to submit a certificate

“if the place of such reception, committal, or detention is in England, to the Commissioners in Lunacy in England; if such place is in Scotland, to the Board of Commissioners in Lunacy in Scotland; and if such place is in Ireland, to the Inspectors of Lunatic Asylums in Ireland.”

A report had to be drawn up on the condition of the Member of Parliament in question. If necessary, after six months another report had to be drawn up. If the individual was found, in the language of the day, still to be a lunatic, the Speaker would then make the seat vacant and issue a warrant for a by-election. There was no right of appeal.

I then looked at the Mental Health Act 1959, hoping that attitudes might have become a bit more progressive and that things might have changed. The basis of process was exactly the same, however. The only things that had changed were the language and the people who needed to commission the report. In the 1959 Act, the Member was to be visited and examined

“where the member is to be visited in England and Wales or in Northern Ireland, by the President of the Royal College of Physicians of London”—

and

“in Scotland, by the President of the Royal College of Physicians of Edinburgh and the President of the Royal College of Physicians and Surgeons of Glasgow, acting jointly”.

So nothing had changed apart from the people who needed to draw up the reports. There was still no right of appeal against their decisions, and the Member could still be disqualified if they were found still to be of unsound mind after six months.

I felt sure that the situation would have radically changed by 1983, but the Mental Health Act of that year retains the basis of the 1886 legislation. The procedure still involves the need to report Members who are considered to be of unsound mind, as well as the production of a report, and a further report after six months. The only change is that, under section 141(3):

“The registered medical practitioners…shall be appointed by the President of the Royal College of Psychiatrists and shall be practitioners appearing to the President to have special experience in the diagnosis or treatment of mental disorders.”

We therefore still have on the statute book a law that dates back to 1886. The only change since that time relates to the people who draw up the reports for the Speaker on whether they consider the Member to be suffering from a mental disorder. There is still no right of appeal, although there would be in most tribunals. It is therefore important that this Bill should be passed through Parliament, and I welcome the support for it from the Government and those on the Opposition Front Bench.

The 1983 Act has never been used in relation to a Member of Parliament, but section 141 is still on the statute book. Other countries around the world, including former eastern bloc countries, use mental health to silence opposition. Sadly, in Russia and other parts of the former Soviet Union, that is still happening today. We have a piece of legislation on our statute book that could be used for that purpose and, if we are to set an example to the rest of the world, it is right that we should pass this Bill.

John Bell died before any legislation was introduced, and he therefore could not be disqualified. The 1886 Act has been used for this purpose only once. Charles Leach was elected to represent Colne Valley in West Yorkshire in 1910, and disqualified in 1916. Interestingly, in the 1910 election, he defeated Victor Grayson. Anyone who knows the history of that period will know that Victor Grayson disappeared, and some might argue that he was another individual who suffered from some type of mental illness.

From what I have read about this former Member for Colne Valley, he was a quite independent minded and progressive individual. He started as a member of the Independent Labour party, but his mental health deteriorated—obviously during a period in which the Liberals were in office—in 1910, and he then stood for Colne Valley. He was also a Methodist preacher and he was appointed as a chaplain to the armed forces. During the first world war, he had to visit in London hospitals those who had been injured on the western front. His mental health clearly deteriorated over time. He was not, of course, sectioned in those days, but he was a committed to what was the aptly named Northumberland house, which was a private lunatic asylum in north London, under the powers of the 1886 Act. Sadly, he died in 1919, aged 72. Some people say that if the legislation has been used only once, what is its purpose?

[Jason McCartney (Colne Valley) (Con)]

Speaking as the Member now representing Colne Valley, I want to praise my hon. Friend the Member for Croydon Central (Gavin Barwell). I also want to praise the hon. Member for North Durham (Mr Jones), too, for giving way and for the way in which both he and my hon. Friend the Member for Broxbourne (Mr Walker) have spoken so honestly about their own mental health issues. Today is the first day I have ever attended debates on private Members’ Bills; I have been inspired to do so on this important issue. Someone very close to me is tackling mental health issues, so it is an emotional day for me as well. Because the hon. Member for North Durham mentioned Colne Valley, I thought I would stand up to praise him and others who have talked so passionately and emotionally about this important issue.

[Mr Jones]

I am very grateful for the hon. Gentleman’s intervention. I would like to give a plug for my right hon. Friend Lord Clark of Windermere, who is another former Member for Colne Valley. If anyone wants to read a good book on Victor Grayson, I would recommend Lord Clark’s book—a very interesting read.

As to the need for changing the legislation if it has been used only once, as my hon. Friend the Member for Aberdeen South said, it is necessary because it stigmatises people suffering with their mental health. There is no such provision for people with physical disabilities. It is possible for an MP to have a stroke or to be in a coma, yet there is no mechanism for removing such an MP from this House. Some Members may recall the vote of confidence in 1979. If the stories that go around are to be believed, some individuals who voted in it were brought into Palace Yard when they were allegedly not compos mentis—and died shortly afterwards. Their alleged condition was no hindrance to them voting.

Is this important for MPs? Yes, it is. Over the last few months, I have received e-mails from young people. One moving one was from a Cambridge graduate who was going through a difficult depression. She said that she had always wanted to enter politics and be a local councillor—I have to say that I questioned her mental health because she was a Conservative—and that what the hon. Member for Broxbourne and I had said had given her some hope that people could still enter public life without any stigma over their mental health. What we are doing under current legislation is writing off an entire group of people who can make perfectly valid contributions to society in whatever role they play.

Another e-mail I received was from a lawyer. She said that she had suffered from depression in the past and was still on medication, yet she practised every week in courts in Leeds. As she said, under the present legislation, she can practise law, but she cannot be a juror. That makes complete nonsense of the law. As we see from examples like this, it is important to raise the wider issue of how we de-stigmatise mental health.

This is the second occasion in only a matter of months on which we have debated mental health in this Chamber. That is important because, as others have said, we are seen to be in touch with what is going on in the wider community. Since I spoke on 14 June—this applies to the hon. Member for Broxbourne, too—I have been surprised by the number of people I meet who say, on the quiet, that they or people close to them have suffered from mental illness. I said it on 14 June and I will say it again—there are no barriers to mental health issues; mental illness can affect anyone.

Following the debate on 14 June, three individuals—I will not mention them by name—contacted me, and reinforced the point about there being no barriers. The first was a senior chief executive of a large council in the north, who I have known for many years. She is a very strong individual, probably the last person anyone would think had suffered from mental illness. Perhaps the most remarkable was a retired general with whom I worked when I was the Minister for veterans in the Ministry of Defence. Again, he is the last person anyone would think had suffered from depression, but he had and, as he said, he still does in his retirement. Most of his peers would have been quite surprised if they knew this. The third individual is a very good friend of mine who is a senior executive in a well-known plc at board level. No one passing him on the street, watching him speak on television or reflecting on his competent manner in running his large international business would think that he had suffered from severe depression. Those examples show that there are no barriers to mental health problems; they can affect everyone.

The hon. Member for Croydon Central paid tribute to Rethink Mental Illness and the Time for Change campaign, which is making a real difference. The Royal College of Psychiatrists should also be mentioned as well as Mind, which has done much in recent work to raise awareness. The clear message that needs to go out is that this is something we need to talk about. It is no good thinking that these issues affect only a small percentage of the population; it affects many.

I welcome the well-known individuals who have spoken out about their own mental health. Alastair Campbell has been instrumental in the Time for Change campaign, along with Ruby Wax and Stephen Fry. It is important that they have spoken out; they are successful people, perhaps even role models, when it comes to talking about this issue. I congratulate Channel 4 on its season a few weeks ago, when an entire week featured programmes about mental health and people who suffered from mental illness. It showed again the variety of individuals who can suffer from it.

Another clear message I want to send out today is that mental illness is no barrier to making a productive contribution to life—whether it be in public life, family life or in the local community. The more we talk about the issue, the better. It will take time to erase the stigma that is still there around mental illness, but I think we are making great strides and that this Bill is an important step forward.

In closing, I say again that we should talk about this issue more—in this place and elsewhere. I am not going to say to individuals in this Chamber, or anywhere else, who have suffered from mental illness that they should speak about it if they do not feel comfortable doing so, as it is an entirely personal decision. I am not pointing fingers and saying that people should do this. I leave affected individuals out there today with this thought—one with which I know the hon. Member for Broxbourne agrees. Since I spoke out—it was not an easy thing to do; but, in hindsight, the right thing to do—I have been overwhelmed by the support I have received not just from colleagues throughout the House but from people elsewhere. To any people sitting at home watching today’s debate who are suffering from the loneliness, agonies and dark places to which depression takes them, I say that they are likely to be surprised at the response they would get—from colleagues, families and friends—if they opened up about their problems. I understand that this is difficult to do when people are in the depths of depression, which is a very private thing. As my hon. Friend the Member for Aberdeen South said, people often feel ashamed, but they should not be afraid and they should talk about it. If they opened up, I think they would be very surprised at the support they receive from a lot of people.

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[Mr Kevan Jones]

I welcome the hon. Lady to her position. I, too, welcome the report by the hon. Member for South West Wiltshire (Dr Murrison). Will the hon. Lady also recognise the work that I and my predecessors as Minister for veterans did in the last Labour Government to advance the cause of veterans’ mental health?

[Miss Smith]

The hon. Gentleman is correct and I certainly recognise that work. Today is a day for recognising the work of successive Governments in many spheres of policy and human sympathy.

Turning back to today’s debate, tackling stigma and discrimination is at the heart of the Government’s mental health strategy. I join all Members here today, who have said many times that it cannot be right in the 21st century for somebody to be automatically expelled from this place because they have had a mental health illness. That sends out entirely the wrong message: that if one has mental health problems, one’s contribution is not welcome in public life. That has applied not only to the House of Commons, but to juries and directorships. In February last year, the Government announced that section 141 of the Mental Health Act 1983 would be repealed when a suitable legislative vehicle became available. This Bill is that vehicle, and we are glad to see that issue linked to similar amendments on company directors and jurors.

This issue goes well beyond the business of government and opposition. Shifting public attitudes and behaviour requires a major and substantial social movement. The Government are doing their bit within that. February last year saw the publication of the Government’s strategy on mental health entitled, “No health without mental health”. The strategy recognised that mental health is central to our quality of life and to our economic success, individually and collectively. It is interdependent with the success that any Government might hope for in improving training, education and employment, and in tackling the persistent problems that scar our society, from homelessness through to violence, substance abuse and other forms of crime.

The title of the strategy, “No health without mental health”, captures our ambition to mainstream mental health in this country. That concept has been referred to many times today. The Government expect parity of esteem between physical and mental health services. I know, from the comments of the hon. Member for Hackney North and Stoke Newington, that the Opposition also want that.

[Miss Smith]

My hon. Friend is, once more, absolutely correct. In this arena, as in so many others, it is vital for the Government to work with the private sector, the voluntary sector and anybody in any capacity to achieve our aims. We are talking about broad-scale cultural change. We need the private sector, whether in a macho or non-macho environment, to stand up and say that it cares about mental health and wants people to be well supported. I want that to happen in all walks of life.

[Mr Kevan Jones]

I note what the Minister says about mental health being at the heart of Government policy. I know that she is new in her post, but I ask her to have urgent discussions with her colleagues in the Department for Work and Pensions about the tests by Atos that many of our constituents are facing. People who are affected by mental health issues, in particular, are having a very difficult time and there are some grave injustices that need to be put right.

[Miss Smith]

I recognise the subject that the hon. Gentleman raises, which he also mentioned earlier. I do not think that today is the right time for me to go into that matter in detail; the cross-party consensus might be affected if I did. We do need to get that process right, as we need to get right many processes of administration and welfare, in its broadest sense, across government. I am sure that my colleagues at the Department for Work and Pensions and the Department of Health will have heard his plea. As a member of the Government, I certainly want us to get that process right, and I will work with colleagues to achieve that.

To build on the point made by my hon. Friend the Member for Broxbourne, we need to work with partners on the mental health strategy. It is not possible for the Government to say, “It shall be so.” We need to ensure that the right outcomes are delivered locally and are driven by good evidence. We must cast the net wide to do that. The challenges are enormous and extremely difficult. That can be seen, on an individual level, when we have conversations on this matter in our constituency surgeries. However, the rewards of getting this right are vast. That is part of the point of today’s debate.

It is often quoted that at least one in four of us will experience mental health problems at some point in our life. What is less often quoted is that about half of people with a lifetime mental health problem experience their first symptoms by the age of 14. That is a startling statistic among the sea of statistics in this debate. By promoting good mental health across society and by intervening early, particularly in the crucial childhood and teenage years, we can help to prevent mental illness from developing and mitigate its effects when it does. Only a sustained approach across the course of life will equip us to meet the enormous social, economic and environmental challenges, and to deliver the benefits to the people who need them, which is why we are here today.

When mental health services work well, they work well with the public sector, the private sector and the voluntary sector, and they help people to overcome disadvantage and to fulfil their potential. Any action on mental health, from a Government or otherwise, is not only a mental health strategy but a social justice strategy. I know that that is what all of us here today stand for.

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[Miss Smith]

My hon. Friend’s attitude to the Whips Office is well documented and understood in the House. I pay tribute to him for his independence of spirit and his tenacity in pursuing not only mental health issues but a range of others, and for turning his face against the establishment whenever possible. If I may be so cheeky, I endorse his request for that particular member of the Whips Office to be on the Committee. It may be well without my powers to do so—I am sure that you, Mr Deputy Speaker, or powers greater than any of us, will advise me about that shortly. My hon. Friend the Member for Loughborough (Nicky Morgan) has campaigned tirelessly on the matter and deserves recognition for doing so.

[Mr Kevan Jones]

May I also request that when the Bill goes into Committee, we have a Health Minister dealing with it?

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[Gavin Barwell (Croydon Central) (Con)]

I would like to say a few words to sum up the debate. First, I welcome to the Chamber my hon. Friend the Member for Shipley (Philip Davies), who is a good friend. When he arrived, he told me that he had been following proceedings closely, and I asked whether he had also been following them with approval. As he correctly pointed out, if it had been with disapproval, he would have been here talking for two and a half hours.

I thank all hon. Members who have spoken, including the hon. Members for Aberdeen South (Dame Anne Begg) and for North Durham (Mr Jones), and my hon. Friends the Members for Broxbourne (Mr Walker) and for Totnes (Dr Wollaston). My hon. Friend the Member for Bury North (Mr Nuttall) made an encouragingly brief speech, at least from my point of view. If my right hon. Friend the Chief Whip has been following proceedings—I am sure the duty Whip will have noted this—he will be aware that my hon. Friend the Member for Bury North cannot find his way into the Chamber without his contact lenses. I thank the hon. Member for Southport (John Pugh) and my hon. Friends the Members for South Swindon (Mr Buckland) and for Plymouth, Sutton and Devonport (Oliver Colvile) for their contributions. All the speeches were excellent, and I believe that today’s debate has shown the House at its best.

Due to the changes in the rules and proceedings of the House, not only have I listened to the speeches, but I have followed the reaction to our debate on social media. What has happened in the Chamber means a lot to a great many people and I may well get in touch with hon. Members who have spoken to ask whether they would like to serve on the Committee.

I thank the two Front-Bench speakers, and in particular I echo the point raised by the hon. Member for Hackney North and Stoke Newington (Ms Abbott) about dementia. I lost my father to Alzheimer’s disease, and although Governments of both colours have made real strides in recent years, we still need to do a lot more to tackle that issue. My hon. Friend the Minister is new to her brief, but she showed a good grasp of all the issues the debate covers. To reassure the hon. Member for North Durham, it was good to see a Health Minister and a Justice Minister on the Front Bench earlier in the debate.

[Mr Kevan Jones]

My only concern is that the Cabinet Office Minister said that the Bill has the full support of the Deputy Prime Minister, and his recent track record of getting legislation through is not very good.

[Gavin Barwell]

The hon. Gentleman tempts me into the debate on House of Lords reform, on which not necessarily all my colleagues agree with my views, but I will not return to it.

I should like to emphasise a few points from the debate. First, there is a consensus in the House that changing the law in and of itself does not change society overnight, but it does send a clear signal. Such changes have happened in my adult lifetime. When I was a child, an Asian family tried to buy a house in our road—they would have been the first Asian family to do so. Disgustingly, some of the people on our road tried to persuade the family who were considering selling the house not to sell to an Asian family. When that barrier was broken and that first Asian family moved into the road, people found that they were normal, decent people, and the problem went away overnight. Attitudes on race have changed a great deal, although not enough.

I also recall with great shame my teenage attitudes on sexuality—attitudes of which I am not proud. Attitudes in society to sexuality have also changed a great deal, and we need to change attitudes to mental health. When I was growing up, my perception was that mental health problems affected very few people. As I said, two of my close personal friends over the past 20 years have been affected by mental health conditions. I now see how many people are affected by it, because that includes their friends and family. It is not a case of people either having a mental condition or being perfectly healthy; there is a continuum.

Secondly, the hon. Member for North Durham paid tribute to a number of public figures who have been open about their conditions. He mentioned Alastair Campbell, the former Prime Minister’s press secretary, who has spoken out repeatedly—he is very brave to have done so given the high profile role he had. I should like to mention a sporting figure, Marcus Trescothick, who has shown incredible courage. I have read his autobiography, which is an extremely moving account of his experiences. We have debates on mental health in the House, but it also means a great deal when those who have a high profile in other spheres of public life take the decision to talk openly and honestly about their experiences.

Thirdly, as the hon. Gentleman said, people need to tell those close to them about their condition, but the reaction they get might not be what they expect. I have been on a variety of TV and radio shows to talk about and promote the Bill. I will never forget a phone-in on Iain Dale’s show on London’s Biggest Conversation. A number of calls we took were from people suffering from profound depression and other mental health conditions. One caller could not believe that any of the people in his life would want anything more to do with him if he explained to them how he was feeling. My message, as the friend of two people who have mental health conditions, was that friends will want to know and to provide care and support. If they do not want to do so, they are not proper friends. I therefore conclude, as the hon. Gentleman did, by saying that people who are suffering should know that those who care enough will want to know and to provide help and support.

I thank all hon. Members who have spoken in the debate and those who have listened to our proceedings. I very much hope the House gives the Bill a Second Reading.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).