Police, Crime, Sentencing and Courts Bill

Lord Paddick Excerpts

Lords Hansard - part one & Committee stage
Monday 25th October 2021 Lords Chamber

[Lord Paddick (LD)]

My Lords, I thought there was no such thing as disorderly interventions in Committee. Everyone is free to speak as many times as they wish at any point in the debate, so I am very pleased that the noble Lord used that opportunity.

In this group we return to the issue, which I raised last Wednesday, of what the new legal duty is really about—a police-led enforcement approach to preventing and tackling serious violence rather than a public health approach. Many and various specified authorities come under this new legal duty, and there are various reasons why these authorities should not be forced to divulge personal information to the police, of which the pre-eminent, and perhaps most readily understood example, is patient confidentiality.

In addition to the excellent points made by my noble friend Lady Brinton and the noble Lords, Lord Patel and Lord Kakkar, I should also mention the joint briefing that noble Lords will have received from mental health professionals represented by the British Psychological Society, the representative body for psychology and psychologists, and the British Association for Counselling and Psychotherapy. They believe that the Bill as drafted allows the police to override the duty of medical confidentiality, eroding trust and confidence in clinical psychologists, counsellors and psychotherapists with the associated threat to public health, as we have heard from the noble Lord, Lord Patel, who also believes that it will undermine the relationship between him as a doctor and his patients.

Like medical doctors, these health professionals are able to share confidential information on public-interest grounds already, on a case-by-case basis, if that is necessary for the prevention, detection or prosecution of serious crime or where there is an imminent risk of serious harm to an individual. There is already a system in place, as the noble Baroness, Lady Fox of Buckley, has said. As the noble Lord, Lord Kakkar, has said, we support what the amendments seek to achieve, which is to prevent the Bill undermining patient confidentiality.

Whether we are talking about doctors in general practice or psychiatrists, psychologists or counsellors, there are already well-established, well-understood policies and procedures, practices and protocols to deal with the balance between patient confidentiality and the police being able to access confidential information in the exceptional circumstances where it is necessary for public safety. Perhaps the duty of confidentiality for those in other fields is less well established and accepted, and we will come to those in another group, but, at least when it comes to patients’ and clients’ health and well-being, surely there can be little argument that the existing provisions are adequate, work well and should not be overridden.

Having said that, I listened carefully to the noble Lord, Lord Carlile of Berriew, who pointed out that there is a balance to be achieved and that in the past medical practitioners have got that balance wrong where they perhaps should have passed information to the police. Surely, however, that is an argument for enhancing or reviewing the current system rather than arguably going much too far in the other direction and making it a legal duty that doctors breach medical confidentiality.

We on these Benches say that what the Bill tries to do in terms of compelling health professionals, in this case, to divulge information to the police goes too far. What needs to be done is simply going back and looking at any examples that the Government can give, as the noble Lord, Lord Carlile, has done, where current practice does not work effectively.

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[Lord Paddick (LD)]

My Lords, I am very grateful to the Minister for her explanations and for the promise of further meetings. It might help those further meetings if I raise the issues I have now. I am concerned at her saying that approaches cannot be made directly to medical practitioners but only through these other bodies. If the result was the same—that confidential medical information about individuals was divulged—that is not much of a reassurance. I am grateful for the information that officials met with the GMC and that it agreed to help with statutory guidance. Perhaps the Minister can meet with the GMC and it can help with amending the Bill.

The Minister said that the issue with some of the amendments is that they weaken the duties in the Bill. That is the whole purpose of the amendments. Regarding the draft guidance and its emphasis on a public health approach, that is not what is on the face of the Bill. The perception of all those I have spoken to—we will come to this issue when considering further groups—is that this is all about providing information to the police. To be fair, the Minister said so in her response. The belief among many authorities is that this is all about providing information to the police and is not a two-way process.

The Minister talked about the Care Act and said that there is already a duty to pass over confidential medical information if there is an overriding public interest. Where in the Bill does it say that there must be an overriding public interest before information is passed over?

[Baroness Williams of Trafford (Con)]

The detection and prevention of serious violence would be the relevant part, which also reads across to the Care Act 2014. There would have to be a public interest assessment and as I said, there is no mandation. But the body or doctor in question would, as the noble Lord, Lord Carlile, said, have to balance the importance of the prevention, detection, and reduction of serious violence with the disclosure of that information.

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[Lord Bach (Lab)]

My Lords, I support these amendments absolutely; they are practical and in the real world. From my experience as a police and crime commissioner over five years, it is quite clear that serious violence has a huge amount to do with place and a lot to do with housing in those places. If we are to have the partnership that is presumably behind the Government’s proposals on serious violence, it is absolutely essential that housing and those who control it have a vital role; without them, all sorts of disasters will occur.

When I was a police and crime commissioner, I would hear from police officers or citizens day by day about the problems in areas where they lived and the mismatch, sometimes, between those responsible for housing and their ability to talk to the police and get things done, on either side, as quickly as possible. These are very important amendments, and I hope that the Government will listen carefully to them.

[Lord Paddick (LD)]

My Lords, we support these amendments. It is not just victims of domestic violence who need help and support from housing authorities in escaping serious violence. Young people groomed and exploited by criminal gangs also need and deserve to be urgently rehoused in certain circumstances, as the noble Lord, Lord Young of Cookham, so clearly set out.

Again, this needs to be a truly multiagency approach to reducing serious violence and not a police-led enforcement approach. The police need to provide information to housing authorities where they believe that someone is being coerced into criminal activity and is threatened with serious violence if they do not comply, and that taking that person out of that scenario by rehousing them can reduce the risk of serious violence.

I repeat that option 2 of the Government’s consultation on the serious violence duty is the best option and the one preferred by the greatest proportion of respondents to the Government’s own consultation—that of enhancing existing crime and disorder partnerships. These are the existing and well-established mechanism, where local authorities and police forces work together to prevent and tackle crime and disorder and where the local police chief and the local authority chief executive are equal partners in doing whatever each partner and others can do to reduce crime and disorder.

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Therefore, for ensuring that the statutory guidance on the serious violence duty will work in tandem with the homelessness code of guidance, I think there is already sufficient guidance in place for housing authorities to protect this cohort and adapt their service delivery models as necessary. I do not want to duplicate by adding another code of practice, which may lead to confusion. So I hope that, in the light of the assurances I have given in relation to the guidance and the relevant existing legislation on the matter, my noble friend will be happy to withdraw his amendment.

[Lord Paddick (LD)]

My Lords, can I ask the Minister to clarify something? I think the noble Baroness said that this additional duty was not necessary, as it was with domestic violence, because the violence does not happen in the home. In the example I gave, where a drug dealer owed money harasses and threatens a family to get their money back, surely you could say that that violence is happening on the doorstep, or perhaps inside the home if the drug dealer breaks the door down. Surely there is a need in those circumstances for that family to be rehoused to reduce serious violence and get them out of the way in a similar way to a victim of domestic violence.

[Baroness Williams of Trafford (Con)]

I think what I said to the House was that households containing dependent children have a priority need and that a person may be assessed as having priority need if they were considered to be significantly more vulnerable than an ordinary person would be if they became homeless as a result of ceasing to occupy accommodation by reason of violence from another person or threats of violence that are likely to be carried out. In terms of domestic abuse, it is widely acknowledged that domestic abuse crimes are committed inside the home, out of the view of the public, by household members. The changes made to the Domestic Abuse Act to extend priority need to people who are homeless as a result of being a victim of domestic abuse reflected that.