Deaths in Custody (Black People)

Debate between Damian Green and Richard Fuller

Monday 2nd December 2013 Commons Chamber

[The Minister for Policing, Criminal Justice and Victims (Damian Green)]

I thank my hon. Friend the Member for Broxbourne (Mr Walker), the hon. Member for Hackney North and Stoke Newington (Ms Abbott) and, indeed, the right hon. Member for Tottenham (Mr Lammy) for their powerful speeches and remarks. They are powerful because every death in police custody—irrespective of race, ethnicity or nationality—is a tragedy that this Government take very seriously. Every effort should be made by the police to ensure that those they come into contact with are treated proportionately, humanely and lawfully, and that their personal well-being is of paramount importance when they are detained against their will in whatever custody setting.

This debate has focused particularly on the treatment of black people in police custody, and I would like to go through a number of important points that my hon. Friend made, starting with his remark that the number of black people of Afro-Caribbean origin dying in police custody is disproportionately high, when the overall population is taken into account. In that regard, we need to step back. Looking at custody populations as a whole, we see that there is an over-representation of black people. The reasons for this are complex and at this stage we do not fully understood them. Indeed, there appears to be an over-representation of black people across the whole of the criminal justice system. The Ministry of Justice is conducting work to look more closely at the reasons for this, identifying where there is real disproportionality in the system and seeking to develop an appropriate response to it. That is where the disproportionality lies; it is not necessarily, as in the most tragic cases, only the deaths of black people in police custody that are relevant.

There is no statistically significant difference among those who die in custody based on membership of any particular racial or ethnic group. The IPCC statistics for 2012-13 show that there were 15 deaths in or following police custody, of which 14 were white and one was mixed race. Looking further back at the 2011-12 period, there were also 15 deaths, of which one was a black person and one of mixed race. The 2011 IPCC report on long-term deaths in police custody concluded that the ethnic breakdown of deaths in custody appeared to be broadly in line with the make-up of detainees more generally. I entirely accept that there is disproportionality in the criminal justice system, but it does not occur only in the context of deaths in custody.

My hon. Friend the Member for Broxbourne rightly raised the issue of mental health and policing. I am aware that black people are one and a half times more likely to be detained under section 136 of the Mental Health Act 1983. In response to the fact that such a high proportion of people with mental health problems—and of all or any racial origins—are being dealt with by the police, we have introduced a series of measures to improve the way in which they are handled.

People with mental health problems deserve care, support and treatment, particularly if they have not committed a criminal act. They have a right to expect to be treated by the health service rather than finding themselves in the hands of the police, who will always go to help in an emergency, but who are clearly not trained as mental health professionals. The Home Office has been conferring closely with the Department of Health, and we will shortly publish a concordat agreed by nearly 30 national organisations, agencies and Departments. It will provide national leadership by setting out the standard of response that people suffering mental health crises and requiring urgent care should expect, and key principles on the basis of which local health and criminal justice partners should be organised. It will leave not just the health service but the criminal justice agencies in no doubt about what is expected of them. It is precisely because a disproportionate number of black people are finding themselves sectioned under mental health legislation that the coming improvements in mental health provision will have a particular impact on those people.

One of the standard—and perfectly correct—complaints is that too often the police are relied on to transport people who would be better transported by ambulance. The Association of Ambulance Chief Executives is drawing up a national protocol on the transport of people suffering mental health crises—section 136 detainees —which I hope and expect will act as a catalyst for wider change and improvements.

The underlying point made by my hon. Friend was that any death in custody is one too many. Of course there needs to be continuous scrutiny, and work of that nature is now overseen by the Ministerial Council on Deaths in Custody. The council was established in 2009, and was initially intended to exist for three years. However, we have demonstrated our commitment to this essential work by agreeing to fund it for a further three years.

[Richard Fuller (Bedford) (Con)]

My right hon. Friend has heard from my hon. Friend the Member for Broxbourne (Mr Walker) and from the hon. Member for Hackney North and Stoke Newington (Ms Abbott) about a long-term trend. He talks of changes happening, but, given that the trend has been continuing for a long time, can he give us an assurance that change will indeed come? Change is often promised, but it rarely comes into effect. I think that tonight’s debate is about change actually occurring, rather than being promised.

[Damian Green]

My hon. Friend has made a valid point. I hope to explain to him in a moment about the changes that are happening and those that have already happened, but let me first say a little more about the Ministerial Council on Deaths in Custody, because it is an extremely important institution. As well as a practitioner and stakeholder group, it has an independent advisory panel on deaths in custody. The panel has just created a two-year research project for the University of Greenwich, which will deal systematically with a number of the current problems. The university will conduct a review of the role of mental illness and deaths in all state custody, and an evaluation of the efficacy of information sharing between youth offending teams and the secure estate in relation to the assessment and management of the risk of self-harm and suicide among children and young people. Tonight’s debate, and other conversations in which I have taken part, suggest to me that I should consider whether the ethnicity of individuals who lose their lives in custody should also be included in that research project.

Let me move on to the changes and the specifics. My hon. Friend the Member for Broxbourne had some harsh words to say about the IPCC, which must be notified of any death that occurs in police custody. Following the investigation into the death of Sean Rigg and the findings of the Home Affairs Committee inquiry into the IPCC, it is carrying out a review into how deaths in, or following, police custody are investigated. A progress report was published in September, and the final report is due to be published next year.

Changes are happening. The Anti-social Behaviour, Crime and Policing Bill includes new powers for the IPCC, which it has requested to strengthen its remit and functions. I agree with my hon. Friend that it has not been a perfect institution in the past. It has had failings, so we have strengthened its functions and we have increased its funding. The functions include powers to enable the IPCC to recommend and direct that a police force instigates unsatisfactory performance procedures in cases that involve death or serious injury. It will have extra resources from the police, too.

My hon. Friend mentioned the time it has taken for the deceased to be returned to their families as a result of inquests. Under the Coroners (Investigations) Regulations 2013, which came into force in July as part of a package of reforms, coroners must release the body of the deceased for burial or cremation as soon as possible. If the coroner cannot release the body within 28 days, he or she must notify the known next of kin or personal representative of the reasons for the delay. When there is a criminal investigation into the death, there may be more than one post-mortem examination, but the coroner will make every effort for the body to be released at the earliest opportunity.

I should also draw the House’s attention to the recent appointment of His Honour Judge Peter Thornton QC as the first chief coroner of England and Wales, who is playing a key part in setting new national standards in the coroner system. I hope that will have a direct effect on the important questions we are debating tonight.

My hon. Friend talked about the requirement for police officers to answer questions posed to them by the IPCC. In December last year the Government brought forward emergency legislation to ensure police officers were required to attend interviews when requested by the IPCC. If we went further, as my hon. Friend suggested, and compelled police officers to answer questions in criminal investigations, that would put them in a worse position than members of the public, who have to attend but are not required to answer questions. It would seem perverse to have fewer rights for police officers than for other members of the public.

My hon. Friend also talked about the end of face-down restraint. In health settings, this is obviously a matter for the Department of Health. I understand it plans to end its use in health settings, which I am sure will be extremely welcome to my hon. Friend.

My hon. Friend and the hon. Member for Hackney North and Stoke Newington talked about the practice of off-the-record briefings, which can often stain the reputation of someone in a way that persists even when it is unjustified. The Leveson inquiry reset and clarified the boundaries of the relationship between the police and the media and covered recommendations relating precisely to off-the-record briefings. The Government have accepted all the recommendations relating to the police and, together with partners, are continuing to implement them.

My hon. Friend also talked about equality of representation. I would simply say that inquests are not trials. Unlike other proceedings for which legal aid might be available, there are no parties in inquests, only interested persons, and witnesses are not expected to present legal arguments. Legal advice and assistance before the inquest hearing via the legal help scheme is available to interested persons. Legal help can be used, for example, to assist in the preparation of a list of written questions that they wish the coroner to explore with other witnesses.

My hon. Friend also talked about the independent investigation of deaths in NHS mental health settings, as opposed to police settings. NHS England is working to make the investigation of deaths in hospital settings more independent. The work will conclude shortly, and guidance to NHS commissioners will be published early in the new year. I hope that he can therefore see that, across the board in this sensitive and vital area, there is a significant amount of change.

I want to conclude by reassuring the House that the Government are working to ensure that people are treated proportionately and humanely when in police custody. The number of people losing their lives in police custody has fallen. In 1998-99, there were 49 deaths; last year there were 15, and there were the same number this year. However, there is still a lot of work to be done. I can absolutely assure the House that, through the Ministerial Council on Deaths in Custody, and through working with other Government Departments, campaign groups and, indeed, the families of the deceased, I will make sure that this issue remains high on the Government’s list of priorities.

Question put and agreed to.

Oral Answers to Questions

Debate between Damian Green and Richard Fuller

Monday 15th July 2013 Commons Chamber

[Damian Green]

I have heard these representations from various representative areas in Cardiff before, and as the hon. Gentleman will know, successive Governments have not thought that a particular grant should be made. I hope that he will join me in congratulating his police force in south Wales on the 5% fall in crime in the 12 months to December 2012.

[Richard Fuller (Bedford) (Con)]

May I commend again the Home Secretary’s announcement of a consultation on stop-and-search? Will she advise the House what steps she is taking to increase participation in that consultation, and whether she has drawn any early thoughts from the review by HMIC into stop-and-search as provided by police authorities throughout the country?

Oral Answers to Questions

Debate between Damian Green and Richard Fuller

Monday 9th July 2012 Commons Chamber

[The Minister for Immigration (Damian Green)]

Our immigration reforms will return migration to sustainable levels in the tens of thousands, reducing pressures on communities. Changes to family immigration rules will ensure that migrants are not a burden on the taxpayer but can speak English and pay their way, and a new “Life in the UK” test will have British history and culture at its heart. All of that will help ensure that migrants are better able to integrate in the UK.

[Richard Fuller]

I welcome the Minister’s comments. The cornerstone of successful integration in Bedford and Kempston for generations has been a clear focus on hard work and strong family values. Will the Minister assure me that he will continue to promote those values, rather than the pattern of welfare dependency that has emerged in recent years?

[Damian Green]

Absolutely. My hon. Friend makes an entirely valid point, because most immigrants come here to work and we should encourage them to do so. That is why our new “Life in the UK” test booklet will concentrate more on British history, British values and great people in British history and rather less than the previous Government’s version did on how to claim benefits.

Oral Answers to Questions

Debate between Damian Green and Richard Fuller

Monday 12th September 2011 Commons Chamber

[Richard Fuller (Bedford) (Con)]

T7. Given that so many people were left for years—sometimes for more than a decade—with uncertain immigration status, creating wrenching circumstances if their claims for status fail now, does the Minister consider that it was immoral of the previous Labour Government to lose control of the immigration system, and will he assure the House that he will not do likewise?

[The Minister for Immigration (Damian Green)]

Yes, my hon. Friend knows that one of the myriad problems we inherited on the immigration front was the remains of a backlog of half a million asylum cases that had simply disappeared inside a warehouse. We have now got to the end of that process, but he is right: it is absolutely essential not to let any similar-sized backlog build up again—not just for general confidence in the immigration system, but as part of our moral duty to treat anyone who comes to this country and applies for asylum with as much efficiency as we can. The system should work not just for them but for the taxpayer. It is a win-win if we get the asylum system to be more competent than it was.

Oral Answers to Questions

Debate between Damian Green and Richard Fuller

Monday 7th March 2011 Commons Chamber

[Richard Fuller (Bedford) (Con)]

12. If she will bring forward proposals to change immigration bail conditions to make them consistent with proposed conditions for control orders.

[The Minister for Immigration (Damian Green)]

The Government see no need to review the range of bail conditions that may be imposed in immigration cases. We will continue to seek bail conditions that enable us to manage the threat posed by the individual. These will vary from case to case.

[Richard Fuller]

I hear that answer, but how can it be right that the Special Immigration Appeals Commission is able to impose conditions on people, perhaps those who have been granted indefinite leave to remain, on charges that are not disclosed to them, that restrict their communications and movement and force relocation, conditions that the Government say are unacceptable in control orders? How can that be right for people in those circumstances?

[Damian Green]

SIAC deals primarily with cases where an individual poses a threat to national security, so we must take all the issues surrounding those individual cases extremely seriously. As such, SIAC sets bail conditions that it considers necessary to control any risk of absconding and the threat posed to national security, whether or not the individual absconds. I am sure that my hon. Friend will recognise that SIAC has enormous responsibilities and takes them very seriously in each individual case.

Oral Answers to Questions

Debate between Damian Green and Richard Fuller

Monday 28th June 2010 Commons Chamber

[Richard Fuller (Bedford) (Con)]

10. What recent progress the UK Border Agency has made on processing the backlog of outstanding asylum cases.

[The Minister for Immigration (Damian Green)]

Under the previous Government, the chief executive of the UK Border Agency wrote to the Home Affairs Select Committee periodically to update it on this issue. However, in the interests of transparency, I am happy to update right hon. and hon. Members in the House today. Until the end of May 2010 the UK Border Agency had concluded 277,000 cases.

[Richard Fuller]

I thank the Minister for that answer. As he is aware, Yarl’s Wood family detention centre is located outside Bedford. Does he agree that the Government’s determination to end the detention of children for asylum purposes will be most welcome to people as a measure of fairness? It will be regarded as something that is long overdue and that shamefully eluded the previous Government.

[Damian Green]

I am very grateful to my hon. Friend for making that point, which I regard as important. In a spirit of non-partisanship, I think it is regarded as important on both sides of the House. When we held a Westminster Hall debate on the subject last week, I was struck by the fact that there was universal approval of the new Government’s desire to end the detention of children—although the point was made that it might have been the last time as Minister for Immigration that I ever got universal approval for anything. However, we should welcome such steps forward while we have them.