Policing and Crime Bill

Andrew Gwynne Excerpts

Monday 13th June 2016 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

New clause 12, which stands in my name, would amend section 1 of the Coroners and Justice Act 2009. It would scrap the distressing rules that provide that dementia sufferers who die in care homes while subject to a deprivation of liberty safeguard are classed as being in state detention.

I first took this issue up after being contacted by families who told me of their distress at having to wait to bury their loved ones because inquests are required into the deaths of dementia sufferers who are subject to a DoLS, irrespective of the circumstances of their death.

Councils were inundated with DoLS applications from care homes after a Supreme Court ruling in 2014, which effectively lowered the threshold for what constitutes deprivation of liberty in care. Guidance issued by the Chief Coroner to local coroners following the Supreme Court judgment said that all persons who died subject to a DoLS order must be the subject of a coroner’s investigation, whether or not their death was from natural causes, because such persons are deemed for the purposes of the 2009 Act to be in state detention.

The new clause was suggested by the Chief Coroner himself in response to, and in recognition of, the distress caused to relatives. The Chief Coroner indicated to the Law Commission and the Government that a simple amendment to the 2009 Act might solve the problem of unnecessary cases being reported to the coroner, at least in the short term. The amendment proposed by the Chief Coroner said:

“For the purposes of this Act, a person who dies while subject to an authorisation granted under Schedule A1 to the Mental Capacity Act 2005 depriving that person of his or her liberty and detaining him or her in a hospital or care home does not die while in custody or otherwise in state detention.”

Constituents have contacted me, including one woman who wrote after her mother died in a nursing home. She told me:

“My mum suffered from dementia and other health problems and we sat with her for four days and nights before she passed away. Within one hour of her death, uniformed police arrived and we were asked to leave the room.”

[Andrew Gwynne (Denton and Reddish) (Lab)]

I have had a very similar case of a constituent whose mother was in a nursing home and died. Almost immediately, the police came, and for 10 days had hold of her body. Does that not cause great distress to people at a time of mourning, and is it not why we really need to tighten up the rules regarding deprivation of liberty?

--- Later in debate ---

New clause 10 and Government amendment 56 both relate to the licensing of taxis and private hire vehicles. From the experience of child sexual exploitation in Rotherham, I know the importance having a robust taxi licensing scheme for protecting passengers and drivers. Both the Jay and Casey independent reports on the disaster in Rotherham recognised the vulnerability of a weak taxi licensing system and what it means for child protection.

[Andrew Gwynne]

I am grateful to my hon. Friend for raising this important issue. On 4 May I held an Adjournment debate on taxi licensing, because we in Greater Manchester have the problem that a neighbouring local authority in Lancashire is effectively handing out taxi licences like sweeties. They are often given to people who have been legitimately refused them by the 10 Greater Manchester authorities, yet they are operating private hire cabs on the streets of Greater Manchester. Not only should that worry the public, but the law needs strengthening to prevent it from happening.

[Sarah Champion]

I am grateful to my hon. Friend for bringing up that issue. My deep frustration is that we in Rotherham work really hard to get the legislation right. We have really robust legislation to protect children, but within six weeks of its being implemented, the Government’s Deregulation Act 2015 meant that it was not worth the paper that it was written on. He is right that people from other areas could then be subcontracted and come in and pick up fares, and none of the safeguards that our local authority tried to put in place had any effect whatever. I thank him for raising the issue, which the Government need to look at.

To create the system in Rotherham, there was much consultation not only with taxi drivers but with the survivors of child abuse. Rotherham Borough Council has now implemented a new licensing system, which is one of the points covered in new clause 10. Two years after the horror that we discovered in Rotherham, the Government have failed to take action to make the taxi profession safer across the UK for all vulnerable people in our society. They must learn lessons when such things go catastrophically wrong. In Committee, Labour pushed the Government to place taxi and private vehicle licensing authorities under a statutory obligation to prevent child sexual exploitation.

Taxi drivers are in a position of considerable trust. The overwhelming majority of taxi drivers live up to the responsibility that their role creates for them, but unfortunately a minority do not. Better regulation is needed urgently to improve the training and awareness of drivers, so that they can play a part in keeping vulnerable children safe from harm and so that they know how to report abuse if they see it. All local authorities must ensure that checks are carried out to prevent perpetrators or potential perpetrators from being licensed. Monitoring must be in place, complaints must be investigated and passengers must feel confident.

I am delighted to see that the Government have listened to Labour and have responded to our new clause by tabling one of their own, which would empower the Secretary of State to issue statutory guidance to licensing authorities. However, can the Minister give us an assurance that Government new clause 56 would have the same effect as our new clause 10? I notice that the Government’s new clause will empower but not require the Secretary of State to issue statutory guidance. Can the Minister confirm that the Secretary of State does intend to issue guidance, and to do so without delay? I would appreciate an indication of the timeline involved, both on the roll-out of the consultation and on when the guidance will take effect.

[Andrew Gwynne]

Although I support much of what my hon. Friend says may be included in the Government’s new clause, is not part of the problem that the local authority that issues the licence receives the funding for that licence to be processed, but if the taxi driver is operating in another part of the country, a local authority very distant from the issuing authority might have the cost of enforcing and investigating them? Do we not need parity of funding according to where a taxi driver is operating?