Police, Crime, Sentencing and Courts Bill

Baroness Stowell of Beeston Excerpts

Lords Hansard - part two & Committee stage
Monday 22nd November 2021 Lords Chamber

Moved by

[Baroness Stowell of Beeston]

292E: After Clause 170, insert the following new Clause—
“Crime scenes: religious rituals or prayer
In securing a crime scene where a person within that crime scene is severely injured, such that there is a strong likelihood that they might die, there is a presumption that the constable in charge will allow entry to the crime scene to a minister of religion in order to perform religious rituals or prayer associated with dying.”Member’s explanatory statement
This amendment is intended to probe expectations of police procedure.

[Baroness Stowell of Beeston (Con)]

My Lords, before I get to the amendment, I think I can speak for all of us in saying that our thoughts are with the Amess family this evening.

Noble Lords who were in the Chamber for the tributes to Sir David Amess after the horrific crime that led to his shocking death will recall that at the end of her contribution the noble Baroness, Lady Masham, asked a question. I will quote her directly:

“Could priests be allowed to attend a crime scene so that they can give the victim their last rites, especially when they are dying?”—[Official Report, 18/10/21; col. 26.]


She posed this question, because it was reported that Sir David’s local priest had been denied access by the police to attend him in person to administer the last rites. It should be stressed that the priest accepted the instructions of the police and said prayers beyond the perimeter of the crime scene. I am not going to rehearse the events of that tragic day. None of us were there. It is not for me or any of us to second-guess the police officers on duty. I believe that the police should have the discretion to make whatever operational decisions they judge to be right, depending on the situation they are dealing with at any given time.

However, like the noble Baroness, Lady Masham, and many others, I found the news that a local priest was not able to attend to a dying man surprising and, to my surprise, somewhat upsetting, especially because he was the victim of such an horrific crime. I do not believe that this is a matter for legislation. Others who participate in this debate might think differently, including those who have put their name to this amendment. But after the noble Baroness, Lady Masham, and I talked, we decided to table this probing amendment to explore whether the presumption could be that at a crime scene the police constable in charge would allow entry to a minister of religion to give the last rites or other prayers associated with dying.

Perhaps now is the moment to declare that I am not a Catholic, or, I have to say, particularly religious, but like most of us who are perhaps hatch, match and despatch types, agnostics or atheists, I respect and understand how important faith is to people who practise their religion and recognise that it can become important at times of grief and loss, irrespective of the extent of our convictions. Like most other people, I think it is right that the police and all public authorities respect all religious faith, but I do think it is reasonable to expect the main elements of the Christian faith to be understood or more familiar to the police than most religions, because while religious affiliation is in decline among today’s Britons, it is still safe to say that Christianity is the main religion in the UK. That complex picture of increasing diversity and a declining majority does not mean that we should not give the importance of Christianity a plug from time to time and should not take for granted that something such as a priest being given access to a dying man at the scene of a crime will happen just because we assume that the reason why it is important is widely known and understood.

Even though there is no evidence that this was anything other than an isolated incident, having learned that something so innocent yet important was prohibited, those of us who are public figures have a responsibility to say loud and clear that we would expect it to be possible unless there are good reasons otherwise, and that we do not want the myriad sensibilities which these days the police are required to take account of to be at the expense of timeless expectations, such as access of a religious minister to someone at their most desperate hour of need.

I am grateful to the Catholic Union, which has been in contact with me since I tabled this amendment. It has been at pains to emphasise that the Catholic Church is not looking for special treatment for priests; it believes it is important for all people of faith to have access to ministers of religion when they are sick or dying. I know that the Catholic Union and the Catholic Bishops’ Conference have requested a meeting with the Minister. Notwithstanding what my noble friend has already said at Oral Questions today—I was not in the Chamber for that, but I caught up with it and know that a working group has been set up off the back of a discussion between Cardinal Nichols and the Met Police Commissioner—I reinforce that request for a meeting, so that we can discuss the appropriate steps for the Government to communicate to the police the level of importance that Parliament has afforded this matter and to receive assurance from the police that they have understood our concerns.

If it is doable, my noble friend the Minister might also like to invite a ministerial colleague from the Department of Health and Social Care, as I understand that there is growing evidence of a lack of access for priests and ministers of all faiths to care homes, hospices and some hospitals. This too was raised during Oral Questions earlier today. I realise that this would have been difficult during Covid because of lockdown restrictions, but the fear is that social norms may have been permanently uprooted and replaced by new customs and practices which, while necessary during a pandemic, are here to stay because they are more convenient for the institutions concerned.

I know from my private conversations with her that my noble friend the Minister cares deeply about this topic. In her response, I hope she is able to tell the Committee what action the Government have taken to assure themselves that, in all possible circumstances, the police will give access to a local priest or religious minister. I very much look forward to hearing what she has to say. Meanwhile, I am grateful to the noble Baroness, Lady Masham, for allowing me to work with her on this, and to all noble Lords who have put their name to this amendment. I beg to move.

[Baroness Masham of Ilton (CB)]

My Lords, I thank the noble Baroness, Lady Stowell of Beeston, for introducing this amendment. When I read about the terrible murder of Sir David Amess while he was attending his parliamentary surgery, I was very shocked and saddened. Later, I learned that his parish priest was denied entry by the police to the crime scene to administer the last rites. I was also shocked and surprised then. After the disgusting and tragic murder of Sarah Everard by a member of the police force, I hope they will show some contrition by understanding this sensitive amendment. We need kind, honest, well-trained police to undertake their vital work to keep everyone safe.

David Amess was an honourable, brave man. He will be remembered as an exemplary Member of Parliament. If someone else had been murdered instead of David, I feel that David would be bringing an amendment similar to this to Parliament.

The sacrament of the last rites, which is also known as extreme unction or anointing the sick, is for people who are gravely ill or close to death. It is the sacrament for the remission of sins, to strengthen and comfort the soul, and food for the journey. While not every Catholic will request the last rites to be administered by a priest, many do. It can be of utmost importance to some.

I would like to thank Alasdair Love from the Public Bills Office, who helped to put together this amendment. I am pleased that Cardinal Vincent Nichols and the Commissioner of the Metropolitan Police, Dame Cressida Dick, have agreed to establish a joint group to study these issues. I hope that training for police officers on this matter will be included. This gives some hope. I add that the coronavirus has made this sensitive and important matter even more complicated, but problems are for solving. I hope that providing the sacrament of healing to the dying who desire it will become more available. I look forward to the Minister’s reply and thank all who support this amendment.

--- Later in debate ---

Covid has put aside many norms, including, as my noble friend said, chaplains in care homes and maybe in hospitals, although I understand that chaplains are available 24 hours a day in hospitals. I am more than happy to meet my noble friend and the Catholic Union ahead of the next stage and to request a Health Minister. However, I hope that, in light of the discussions between the archbishop and the Metropolitan Police, and having had this opportunity to debate this difficult issue, my noble friend would be happy to withdraw her amendment.

[Baroness Stowell of Beeston (Con)]

My Lords, I am very grateful to my noble friend the Minister and to all noble Lords who have spoken today. First, in response to my noble friend’s last couple of points, of course I will withdraw this amendment, and I am grateful to her for agreeing to the meeting requested by the Catholic Union and for including in that meeting a Minister from the Department of Health and Social Care. Having been requested, it is important that that meeting goes ahead and provides an opportunity for a discussion on these issues from that single perspective. As she has already said, it is very encouraging that Cardinal Vincent Nichols and Dame Cressida Dick have initiated this working group to look at the issues arising from the events of that tragic day.

The debate this evening has been remarkable. I have found it quite moving. I was very unsure about tabling this amendment, if I am honest. I hesitated quite a bit about it, and then after I had tabled it, even with the support of the noble Baroness, Lady Masham, I kept thinking, “Oh God, is this the right thing to do?”, but I thought it was important that we had an opportunity to debate these matters. As I said earlier in my opening remarks, I genuinely felt that it was important for us to stand up and say, “This is important”, rather than just accept it as something that happened and move on.

The result of that seems to have been noble Lords expressing views and raising points that I had not even thought about and elevating the importance of this issue. In addition to what the Minister has already agreed to, it would be proper for her to give further thought to how we can explore its importance even more. I think it was the noble Lord, Lord Coaker, who suggested that the Government facilitate the dialogue between the various different religious faiths. As the right reverend Prelate, to whom I hope I did justice to at the beginning, said, this is not just about the Catholic faith but about how we address some of these bigger issues, which really do need to be considered. As a society, we have to make sure that the things that are really important to us as human beings and to our cohesiveness as communities are recognised and given the attention and weight that they deserve by those of us in positions of power to make these things happen.

Again, I am grateful to all noble Lords and I look forward to sitting down with the Minister and the representatives of the Catholic Union. Until then, I beg leave to withdraw the amendment.

Amendment 292E withdrawn.