Policing and Crime Bill

Debate between Lord Beamish and Charles Walker

Monday 13th June 2016 Commons Chamber

[Mr Charles Walker]

The hon. Gentleman is making a fantastic speech. Is it not remarkable just how far this House has come in the past four years? In this debate, we are putting the interests of mental health patients at the centre of what we are discussing, and he should take great credit for that personally.

[Mr Jones]

I should not be the only one taking credit for that. The hon. Gentleman should do so as well, as should many other people in the House. To give credit to the Government, they have taken this issue seriously and both the Ministers who served on the Committee are committed to ensuring that we get the best outcomes for people in mental health crisis in the criminal justice system.

We should soon have a situation in which police cells will not be the first resort, as they have been in the past. I am not criticising the police for taking people to the cells; they were often the only places available. However, we need to monitor closely what happens to people when they are detained under sections 135 and 136 of the Act. I would not want keeping people at home to become the de facto position. That might be helpful for the statistics on keeping people out of police cells, but people’s homes might not be the best possible place for individuals in crisis. The hon. Member for Halesowen and Rowley Regis made the point that they do not necessarily have to be placed in a health facility. The hon. Member for Broxbourne has said on numerous occasions that this country needs a network of places of safety for individuals in mental health crisis. Those places could be run by health authorities, by charities or by others, but we need such a network because neither a police cell nor, in some cases, a hospital is the best place for certain people in crisis.

I am glad that the proposed changes to the Bill are being taken seriously by the Government. I pay tribute to the way in which both Ministers have addressed these matters in Committee. Even though some of the proposals are not going to be put in the Bill, I believe that the Ministers, working with colleagues in the Department of Health, will be able to achieve a situation in which people in mental health crisis do not end up in the criminal justice system. That should be our aim.

Policing and Crime Bill

Debate between Lord Beamish and Charles Walker

Monday 7th March 2016 Commons Chamber

[Mr Walker]

My hon. Friend is genuinely trying to be constructive and to find a way forward, but I just do not think that police stations are the right place to take ill people. It might be unavoidable in some circumstances, but we need to minimise those circumstances. All too often a police cell is used as a place of safety, but that is not right. However, I entirely accept the spirit in which he made his intervention.

[Mr Kevan Jones]

Does the hon. Gentleman agree that someone having a heart attack is in crisis and in a life-threatening situation, and that, likewise, someone who is in severe mental torture is experiencing a crisis and in a potentially life-threatening situation as well? Why does he think the two should be treated differently?

[Mr Walker]

My hon. Friend—for that is what I call him—knows that I do not think that the two should be treated differently, which is why he and I have joined forces on so many occasions in the past and will do so in the future to make sure that the reality changes. There is slow progress, but it is progress none the less. My hon. Friend the Member for Halesowen and Rowley Regis is helping us to make progress, but I do not disagree with my hon. Friend the Member for North Durham (Mr Jones).

As well as a lack of acute beds, the choice of health-based places of safety for an assessment in many places is incredibly limited. I will now draw on the excellent and concise briefing provided by the Royal College of Psychiatrists. According to the Care Quality Commission map, there are no health-based places of safety for under-16-year-olds in many local authority areas, including Devon, Norfolk, Lincolnshire, Bristol or Bath. That is not good and it is not sustainable.

It is not all doom and gloom. There is clear evidence that, where local areas have emphasised long-term preventive measures and put in place crisis outreach and triage teams, they have already improved their services, so they would easily be able to provide the care set out in the Bill. We have heard from the Home Secretary —it is worth repeating—that the crisis care concordat has been a great driver. She also knows that most Department of Health-funded schemes have managed to reduce significantly the number of people being detained under section 136 of the Mental Health Act 1983. For example, in areas where street triage is operating—this is not in the whole force area, but specific parts of a force’s area—pilots have delivered massive reductions in the use of section 136. I recall my hon. Friend the Member for Halesowen and Rowley Regis having an Adjournment debate on that very subject a year ago.

--- Later in debate ---

[Mr Jones]

I agree, and as has been mentioned, there is good practice in co-locating police officers and other emergency services with mental health professionals.

My other problem is with who takes such a decision. Clearly, if someone is in crisis and faced with a choice of being taken to a police cell or being allowed to stay at home, most people will stay at home even if that is not the safest place for them. Likewise, their relatives or carers may feel that they have no choice but to take the default position of keeping somebody at home. Perhaps when the Bill goes to Committee we should examine exactly how the measure would work in practice, because it could also lead to the problem being masked. Like the hon. Member for Broxbourne (Mr Walker), I think that we need a place of safety. That does not necessarily have to be a bed—I will come to that issue in a minute—but we need places where people can be taken and properly assessed. These statistics may suddenly disappear, and people might not be placed in that position—the local health commissioners might suddenly say that we do not need a place of safety, but that is not currently the case. We need clarification on what is deemed a place of safety.

Clause 59(5) states that the police must consult a health professional before using section 136 of the 1983 Act. It requires a police officer, where practicable, to consult a doctor, nurse, approved medical professional or another person as specified in the regulations—we have not seen those yet—before using their section powers. Again, I have some problem with that provision. I can see it working in practice in a situation such as those outlined where there is good triaging work, but it is a big call on a police officer in a difficult situation when somebody is in crisis—especially if they are threatening to take their own life—if practical steps have to been taken to consult a mental health professional. The thrust of the provision is right, but I am not sure how it would work in practice without a clear indication that local police forces have ready access to mental health professionals. I accept, however, that in some places great work is being done on that with joint working.

Clause 60 refers to the place of safety and police cells. Should a police cell be a place of safety for somebody with a mental health issue? It certainly should not. Subsection (6) prohibits the use of cells for those under 18, and I completely agree with that. The only problem is that if there are alternatives to the police cell, what will be the default position? People say that more beds are needed, and in some areas that is a problem. In other areas, however, we need places of safety to take people to. We cannot separate the crisis that faces housing in London, for example, and mental health issues. If we have proper supported housing and other projects for people to go to, that is the alternative. A bed is not always the answer to these problems. The Crisp report demonstrated that 500 people had to travel 50 km to access a mental health bed. However, because such statistics are not kept nationally, how will we know whether the targets are being met? At the moment, statistics are kept sporadically, and perhaps in Committee we should insert some provision for them to be kept nationally.

The thrust of the Bill is right, and clause 60 provides regulatory powers to the Secretary of State on the use of police cells as a place of safety for those aged 18 or over. The regulations will set out the circumstances in which a police cell may be appropriate for someone waiting for an assessment. I do not question for one minute the Government’s direction of travel in not wanting to place people with mental health issues in police cells, but some examination of what those regulations would mean is important. Clearly, if beds or places of safety are not available locally, people will wait a long time. I have spoken to police officers in my area and a police cell is the last place they want such people to be in.

Measures to reduce the maximum detention time from 72 hours to 24 hours are welcome. However, I would even question the 24-hour limit, which I think is linked to Police and Criminal Evidence Act 1984 regulations. These people are not criminals, so why do we have to use the same time limit? Guidance for commissioners from the Royal College of Psychiatrists on section 136 says an assessment should be made within three hours. In Committee, we should try to reduce the time limit down to a maximum of three hours. I am not criticising civil servants for drafting the provisions thinking they would fit in with the PACE regulations, but the inference of criminality stigmatises people who are clearly not criminals.

The chair of the Health Committee, the hon. Member for Totnes (Dr Wollaston) raised the issue of when the 24-hour period starts. Does it start from when the person is detained in a police van or police car, or does it start when they arrive at the place of safety? This could make a big difference if people are being transported long distances to a place of safety. These issues need to be considered.

The issue of health service advocacy is completely missing in the Bill and needs to be addressed. Under the Mental Health Act 1983, there is provision for independent advocates for people with mental health issues. There are some exceptions, however, one of which happens to be the place of safety under sections 135 and 136 of the 1983 Act. People need advocacy and I would like some provision in the Bill to allow access to it. People in crisis will not be in a position to argue for their rights or to ensure they make the right decisions. The idea that advocacy is an exception rather than mandatory under the Act again puts pressure on statutory services to take it seriously.

I do not want to be churlish. I recognise that the Government are trying to move forward and I welcome what is being proposed, but the practical implications perhaps need to be considered in Committee. Alongside that consideration, we need a debate about what is a place of safety. In some cases it will be a bed, but the hon. Member for Broxbourne has other examples of places of safety run by charities and others. Unless the provisions in the Bill are implemented alongside changes to the health service and the voluntary sector, the issue, which is perceived to be a problem, will be placed unfairly back on to the police. We need to ensure the two are linked up. I hear what the Government say about £15 million being made available, but that is a drop in the ocean compared with the problems we face. We need to ensure that local commissioners work with the emergency services and others when commissioning local services. This is not just about beds. I am coming around to what the hon. Member for Broxbourne said as perhaps more appropriate.

[Mr Charles Walker]

The hon. Gentleman is talking about short-term crisis houses, which tend to be run by the third sector. They are community based and people can go to them for between three and five days at that moment of crisis to be sorted out before they go back home or back into the community to stay with friends or relatives.

[Mr Jones]

Yes. It is time to consider that proposal irrespective of whether such houses are provided by the voluntary sector or the statutory sector. A network of that type of provision across the country would get away from the use of police cells. As the hon. Gentleman knows, they could be commissioned at a local level, and third sector development could provide very good value for money. I welcome the proposed changes, but they need to be amended in Committee.

I broadly welcome the Bill, but my right hon. Friend the Member for Leigh (Andy Burnham) is right to say that we cannot consider it in isolation away from the funding of our police forces or of our fire and rescue services. The hon. Member for Cannock Chase gave the impression that this is all about driving through efficiency locally, forgetting that more than £2 billion has been taken out of policing by her Government in the past six years. In addition, money has been taken out of local fire and rescue services. Before she claims that I am arguing for inefficiency, I stand proud to be the Member of Parliament for the most efficient police force in the UK—Durham. However, efficiency has been achieved at a cost. The central Government grant has been cut and 350 officers have had to go. She talks about precepts and making local government accountable. That is fine, but the system needs to change. An increase in the precept in Durham, on both the fire service and the police, will not fill the gap created by central Government cuts. In a perverse way, the Government seem to be moving money away from more deprived areas to the more affluent areas of the south.

On the relationship between the fire services and the police, I am not opposed to efficiencies relating to the back office or anything else, but the hon. Lady did say she did not want the police fighting fires and firefighters catching criminals. I agree. We need to be clear that there will be no merging of the frontline. I will support anything that can make the service better for people and more efficient. The firefighters and police officers that I know want that, too.

English Votes on English Laws

Debate between Lord Beamish and Charles Walker

Tuesday 7th July 2015 Commons Chamber

[Mr Walker]

Our Committee is very open minded and broad minded. We are a new Committee—I believe we are beginning to gather our members together—but of course all colleagues are welcome to make representations, and if they do, they will get a fair hearing.

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

The hon. Gentleman just said he wanted to keep out of the politics and talk only about the procedure. I noted earlier the Prime Minister’s Parliamentary Private Secretary bending his shell-like. Was he talking to him about politics or procedure?

[Mr Walker]

I can assure the hon. Gentleman, whom I know very well, that we were not talking about this proposal. I shall tell him what it was about outside the Chamber.

I want to make some progress because plenty of other people want to speak and I do not want to crowd them out. The Government will need to be careful in the language they use when introducing a Bill. It is right that an explanatory memorandum asserts the Government’s view about the scope of the Bill, but that assertion should not be made overtly or aggressively. We do not want a Bill introduced with the Government saying, “This is absolutely unquestionably relating to England only, and anyone who disagrees is a total and utter idiot”—that would be the subtext. They need to be careful in their language so as not to be seen to be putting undue pressure on the Chair—I dare suggest—to come up with a certification one way or another.

Mental Health (Discrimination) (No. 2) Bill

Debate between Lord Beamish and Charles Walker

Friday 30th November 2012 Commons Chamber

[Mr Charles Walker (Broxbourne) (Con)]

I beg to move amendment 1, page 1, line 9, leave out from beginning to ‘, for’ in line 10 and insert—

‘(1) In section 1 of the Juries Act 1974 (qualification for jury service)—

(a) in subsection (1), omit paragraph (c) (but not the “and” after it),

(b) omit subsection (2), and

(c) in subsection (3), for “Part 2 of the Schedule” substitute “Schedule 1”.

(2) In Schedule 1 to that Act (the title to which becomes “Persons Disqualified for Jury Service”, with the title to Part 1 becoming “Persons subject to the Mental Health Act 1983 or Mental Capacity Act 2005” and the title to Part 2 becoming “Other Persons Disqualified for Jury Service”)’.

My amendment would make a minor technical change to the amendments the Bill makes to the Juries Act 1974. It would remove the term “mentally disordered persons” from section 1 of the Act and tidy up the cross-referencing between section 1 and the list of those disqualified for jury service in schedule 1. The amendment is supported by my hon. Friend the Member for Croydon Central (Gavin Barwell).

Specifically, the references to “Mentally disordered persons” in section 1 of the 1974 Act will be removed and further provisions made in section 1 consequential to that. That will leave the section so worded as to provide that those persons listed in schedule 1 to the 1974 Act will be disqualified from jury service. The title of schedule 1 to that Act will be amended to read “Persons Disqualified for Jury Service”. The headings to parts I and II of schedule 1 are amended accordingly, from “Mentally disordered persons” to “Persons subject to the Mental Health Act 1983 or Mental Capacity Act 2005” and from “Persons disqualified” to “Other persons disqualified for jury service” respectively. The substantive change that the Bill makes to the 1974 Act, which is to remove the disqualification on service as a juror from those who voluntarily receive treatment in the community for a mental health disorder, remains the same.

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

I support the amendment. It will not change the Bill’s original wording to a great extent, but the language implications are very important. We must ensure that we deal with people who suffer from mental illness without the stigma of titles, so this small amendment is important. Clause 2 is also very important. Since we started discussing the Bill, I have received numerous e-mails and correspondence about it. A solicitor wrote to me to say that although she practises in court every day, she cannot be a juror because she is currently undergoing treatment for a mental health condition. The amendment would make a small change to the language, but I think it is important for the wider debate and for the wider implications of the Bill to ensure that we end discrimination against people who suffer from mental illness.