Policing and Crime Bill (Third sitting)

Jack Dromey Excerpts

Tuesday 22nd March 2016 Public Bill Committees

[The Minister for Policing, Fire, Criminal Justice and Victims (Mike Penning)]

On a point of order, Mr Howarth. I am sure colleagues are aware that there is an ongoing terrorist incident in Brussels, and I would like to put on record that our thoughts and prayers are with not only the victims but the emergency services, which yet again will be going in the opposite direction to everybody else. I am sure that Her Majesty’s Government are giving all assistance possible to the services in Belgium and the rest of Europe. It is important to put that on the record, as we are debating such an important Bill on the emergency services.

[Jack Dromey (Birmingham, Erdington) (Lab)]

Further to that point of order, Mr Howarth. May I strongly support what the Policing Minister said? We stand united in opposition to terrorists, whether in our country or on the continent of Europe. We are facing a uniquely awful threat, and the last thing we should be is divided. We are not divided; we are united. I am with the Minister in giving 101% support to the emergency services and the police, which are at the sharp end in what must be the most difficult of circumstances.

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

It is a pleasure to serve under your chairmanship, Mr Howarth. Amendment 156 is a probing amendment; I will not divide the Committee on it. As I said on Second Reading, I welcome what the Government are doing through the Bill to amend the Mental Health Act 1983, in particular ensuring that people in mental health crisis do not end up in police cells. I have a little bit of sympathy for the police in terms of how they deal with such individuals. The police are not the appropriate people to deal with those in mental health crisis, but sadly they are sometimes the only ones available. The dedication of our policemen and women is such that they will not turn away people in that type of crisis. The purpose of my amendment is to probe whether we can get more collaboration between the police, the health service and other agencies, including local government.

In February 2014, the mental health concordat was agreed between the third sector, the police, local authorities and the NHS. It is important to read the joint statement, which states:

“We commit to work together to improve the system of care and support so people in crisis because of a mental health condition are kept safe and helped to find the support they need—whatever the circumstances in which they first need help—and from whichever service they turn to first.

We will work together, and with local organisations, to prevent crises happening whenever possible through prevention and early intervention. We will make sure we meet the needs of vulnerable people in urgent situations. We will strive to make sure that all relevant public services support someone who appears to have a mental health problem to move towards Recovery.

Jointly, we hold ourselves accountable for enabling this commitment to be delivered across England.”

I accept that there is no statutory basis for the concordat, which is a problem, but I think it is important to draw the Committee’s attention to the final sentence of the joint statement:

“Jointly, we hold ourselves accountable for enabling this commitment to be delivered across England.”

Well, currently there is no mechanism by which those organisations—I am not criticising any individual—are held accountable for delivering what they promised in the concordat. There is a desperate need for that.

The concordat’s aims are very good. I have seen some very good examples of joint working between all services, including the police, fire service, ambulance service, NHS and local authorities up and down the country. There are examples of mental health professionals being co-located with police officers and triage teams, and that is certainly working very well. In my local NHS trust, community psychiatric nurses are appointed in A&E because, unfortunately, A&E is one of the places to which people in mental health crisis turn because they are unable to get help elsewhere—even though, as everyone knows, that is the last place they need to be. Having a mental health professional has clearly helped in my local hospital by ensuring that people in mental health crisis do not sit around for hours on end getting no form of treatment.

I accept that this is not necessarily just a police problem; it cuts across other Departments including Health. The amendment questions whether we can use the Bill to put the concordat on to some type of statutory basis and to provide for a presumption that local authorities and others should work together locally to deliver the concordat’s aims, to which most people would sign up. Is the amendment about money? No, it is not. Properly implemented, it could save money. Time that the police spend dealing with people in mental health crisis is time that they are not spending doing other things that they are perhaps better qualified to do. Perhaps the Minister could look at this issue and talk to his colleagues in the Department of Health, so that on Report we can have an indication of how this operation could be enforceable. I do not think that it should fall solely on the shoulders of the police.

[Jack Dromey]

My hon. Friend speaks with great authority on this crucial issue. He makes the point about police time. The Oleaster centre in Birmingham, a collaborative venture between the NHS, the police and the local authority, has seen the average police time spent on a section 136 incident reduced from 14 hours to five hours. Does my hon. Friend agree that there is a powerful argument, regarding not just appropriate treatment of those suffering from mental illness, but the efficient use of police time, for having such facilities nationwide? What he proposes would be very helpful towards that end.

[Mr Kevan Jones]

I do. The example to which my hon. Friend refers is replicated in other parts of the country where the police have in many cases taken the lead, working jointly with the NHS to set up those facilities. They make the experience better for those individuals who are in crisis. As he rightly says, they provide a more efficient way to deal with police time. Without a provision to enable this, I fear we will do all the work in the Bill on changes to the Mental Health Act 1983, which I welcome, but end up saying, “This is what we want to happen but will it happen in practice?” The example in his constituency shows that where there is a will and local drive, this can happen. My fear is that we will get a patchwork quilt of provision across the country. It would be helpful if we could make co-operation to deal with these issues statutory. I will come to another point later when we talk to amendments relating to the Mental Health Act.

I commend the Government’s aim to prevent people in mental health crisis from going to police cells. However, unless there is alternative provision in place, that will not happen. The need to monitor what happens to individuals should be recognised. If we reach the point, which we all want, of having no one in police cells, but without the people concerned getting adequate care elsewhere, we will have failed them. I will address that point later. I am now interested to hear what the Minister has to say.

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[Lyn Brown]

It is not an FBU line, and I really, really resent that suggestion. In previous discussions, the Minister and I have managed to be courteous to each other. I urge him not to diminish my political concerns by telling me that they come from someone else. They do not; they come from my being a local councillor for 18 years and my belief that local councillors and local democracy matter. The Minister has done the Committee no favours at all with his very short answers in response to the comments and concerns that my hon. Friends and I have expressed. Perhaps he would like to take some time and do it again.

[Jack Dromey]

Like my hon. Friend, I am disappointed that, a powerful case having been made, there should be such a cursory reply. The point was made earlier that PCCs are elected. Yes, they are, but so too are local authority representatives on fire authorities—they are elected, and they are accountable. Why is it that a PCC, with the support of the Home Secretary, could take over responsibility for the fire service against the will of locally elected representatives? That cannot be localism by any description.

[Lyn Brown]

I totally and utterly agree with my hon. Friend. I think the Minister has done this Committee a disservice by not answering our questions properly. I urge him to get back on his feet and give us a much more reasonable and considered answer to the points that we have made.

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[The Chair]

Order.

[Jack Dromey]

On a point of order, Mr Howarth. This part of the Bill is too important to rush, so I propose to the Government that we take this afternoon to deal properly with legitimate concerns. I also ask that the Minister gives a considered response this afternoon to the powerful points that the shadow Fire Minister is making.

[The Chair]

The timing of debate on this part of the Bill is a matter for the usual channels. I am sure that the Opposition Whip will make that point to his opposite number, but that is a matter for them. Whether the Minister chooses to speak is a matter for him, not for the Chair, but I am sure he has heard what the hon. Gentleman has said.