Policing and Crime Bill

Debate between Ann Coffey and Mike Penning

Monday 13th June 2016 Commons Chamber

[Ann Coffey]

My hon. Friend is right. Many people across the country have experienced that kind of unnecessary distress and trauma.

Since the tabling of this amendment on 25 May, the Law Commission issued its interim statement, “Mental Capacity and Deprivation of Liberty”, which said that there is a compelling case for replacing DoLS and that the Coroners and Justice Act should be amended to remove the proposed new scheme from the definition of “state detention”. I quote:

“The current law—which requires an inquest where a person dies while under a DoLS even if the cause of their death was entirely natural—was seen to be causing unnecessary work for corners and upset to families. We received reports, for example, of police arriving at the deceased’s deathbed; one consultee reported their impression of a ‘crime scene’; another referred to issues over whether the deceased’s body should be taken to the official mortuary rather than by the family’s preferred funeral director.”

The Law Commission has therefore recommended that the Coroners and Justice Act be amended when the new system is introduced. I am proposing that we take the opportunity to amend it now, through this Bill. The Law Commission’s report is an interim one, so we will have to wait for the final report, and then for legislation to be drafted and enacted. That could take up to two years, during which many more families will continue to suffer distress.

We talk a lot about supporting carers. I know from my own personal experience how distressing it can be to watch a loved relative struggle to cope with dementia and their families struggle to support them. It is heartless then to put relatives who have cared to the limits of their emotional capacity through this further trauma at the time of the death of their loved one.

I am not going to press the amendment, but I hope that the Minister has heard what I have said and that he will talk to his colleagues in the Department of Health.

[Mike Penning]

That is exactly what we are doing. We are looking at this across Government, not only in the light of the Law Commission’s partial report. Work has already taken place. I thank the hon. Lady for saying that she will not press the amendment. It is a probing amendment, and she is probing in exactly the right direction.

[Ann Coffey]

I thank the Minister for that positive reply. When the Bill goes to the Lords, I look forward to seeing the Government’s response in amending it.