Personal Independence Payments: Merseyside

Louise Ellman Excerpts

Tuesday 26th March 2019 Westminster Hall

[Dame Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Garston and Halewood (Maria Eagle) on securing this important debate, and I agree with all the comments that she made. The situations recounted by my hon. Friends who have spoken today echo the experience of my constituents.

My constituents’ experience of PIP is marked by gross unfairness and sometimes blatant deception. The assessment system itself is not fit for purpose, and there are too many examples of clear disregard for claimants. Sometimes, reports do not reflect the interviews that have taken place. I want to highlight the experience of my constituent, Mr A, a highly intelligent man who has undertaken skilled work over many years, despite a long-term and permanent disability caused by serious illness in early childhood. He has faced many operations. His Motability car makes it possible for him to work. It is his lifeline.

My constituent’s PIP assessment sought to remove his enhanced mobility benefit, which meant that his Motability car would be withdrawn, resulting in the loss of his employment. The decision was reached five years after his previous award, although he had been informed that it would not be revisited for 10 years, in view of the ongoing nature of his disability. He was distraught. At his mandatory reconsideration he was unsuccessful, and I supported him in pursuing his case to a tribunal. In preparing for that, my constituent uncovered evidence that the report submitted by Atos for the mandatory reconsideration was not an accurate record. Indeed, it was fabricated. It was simply an exercise in cutting and pasting from the earlier failed assessment. No separate examination had taken place.

Confronted with that clear evidence, the DWP withdrew its threat to remove Mr A’s car, reinstated his enhanced mobility award and restored the original commitment to a 10-year assessment period, in view of the ongoing permanent nature of his disability. The tribunal was cancelled. I was delighted with that result, but I was, and remain, appalled by my constituent’s experience and by the knowledge that he was put under such stress. I was outraged to hear that the report that was to decide about his future and his health was simply made up. It is disgraceful that that could have happened, and it was only my constituent’s diligence that unearthed it.

There are wider questions, however. How many similar injustices have taken place, and how many of those went unchallenged by people without the knowledge or resilience to pursue the matter? My experience suggests that there are many such instances. It is not good enough. The questions for PIP eligibility are not framed to elicit the correct information to describe the claimant’s condition effectively. Sometimes the reports that are drawn up do not reflect the assessments that were done, and sometimes, as in my constituent’s case, they are simply made up.

I see many constituents who make representations about the withdrawal of benefit. I see injustices too often, and I see too much suffering. Sometimes people pursue their claims to a tribunal and often they win, but as we have heard this afternoon it can take nine to 12 months for a tribunal to take place, and by that time many of my constituents have become destitute—and what of those who do not appeal? It is time that there was an investigation of the assessment procedure for PIP. That investigation should include the reliability of the assessors. The DWP appoints Atos and Capita, which act in its name. It is the Government who are ultimately responsible.

I know that the Minister will be concerned to hear the example that I have cited, and those given by my hon. Friends. I call on him to act, and to investigate the whole process. It is a matter of justice.

Universal Credit: Managed Migration

Louise Ellman Excerpts

Tuesday 8th January 2019 Commons Chamber

[Alok Sharma]

My hon. Friend raises an important point. During the test period, we will be testing a number of approaches to moving claimants on to universal credit safely and in the most effective way. This will include testing a non-mandatory approach, where claimants will be invited to go through the process. We will be testing claimants on all benefits and in a range of circumstances to make sure that we move all claimants on to universal credit safely.

[Dame Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

The reality for many people in my constituency is that universal credit is plunging them deeper into poverty. What specifically will the Minister do about this, and when?

[Alok Sharma]

I visited Liverpool last year and talked to colleagues in jobcentres who told me that universal credit was working well, that they supported it and that it enabled them to offer help. The hon. Lady talks about providing support for individuals. The best support we can provide is helping them to get into work, and that is what is happening under universal credit.

Poverty in Liverpool

Louise Ellman Excerpts

Wednesday 24th October 2018 Westminster Hall

[Dame Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Streeter. I congratulate my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger) on securing the debate and on her excellent and graphic description of the reality of poverty in Liverpool for far too many people.

There is no doubt that the city of Liverpool has been transformed since the days when Margaret Thatcher’s Government planned what they called its managed decline, thanks to sustained investment by the European Union over nearly 30 years, at a time when Liverpool was abandoned by central Government. It has also been helped by support from the UK Government since 1997.

Liverpool, Riverside includes a thriving city centre, the iconic waterfront and world-class universities. It is a top tourist spot and the cruise liners have returned, yet too many people in local neighbourhoods struggle with poverty, which means struggling for their day-to-day existence. As my hon. Friend said, Liverpool is the fourth most deprived local authority in the United Kingdom. Three wards in Liverpool, Riverside—Kirkdale, Princes Park and Riverside—contain some of the poorest areas in the whole country.

There are two shameful statistics that epitomise some of the problems of poverty and deprivation experienced by people in Riverside. Only 67% of 16 to 24-year-olds are economically active—regarded fit and able for work—compared with 78% nationally. Such depths of deprivation are sometimes caused by ill health or long-term problems that people experience where the economic base is in fact very low. The second figure is that 40% of children in Liverpool, Riverside—6,500 young people—suffer poverty. That is a shameful figure. Many of those children are in working families. Those are just some indicators of the depths of poverty in some communities in Liverpool, Riverside, despite the great successes of the city of Liverpool and its positive developments over the last 20 years or so. What should be done to address this?

First, we must stop the cuts and fund public services. We must recognise the importance of the public sector, specifically local government and the national health service. Liverpool City Council provides a lifeline to people in need, as well as providing support to local communities and showing civic leadership for the whole city. There should be no more cuts to Liverpool City Council. It is vital that education and social care are funded properly, both to deal with immediate need and to equip young people with the abilities and the confidence to look forward to a more positive future.

Only yesterday in this House, I met young people leaving care who were very concerned about the lack of support given on leaving the care system and moving into adulthood. They were very positive young people who very firmly wanted to be successful citizens, but they were very concerned. That lack of support is not being addressed as local authorities face cut after cut. Liverpool City Council has already lost at least 50% of its central Government grant. As local government looks ahead to the planned removal of all central Government funding, it is staring into the financial abyss.

Secondly, the Government must stop the planned roll-out of universal credit in Liverpool. Without major alterations, it will simply cause more poverty. According to the Resolution Foundation, 3.2 million working families nationally will lose £48 per week on universal credit. We have already heard about the problems of people being forced to go to food banks to eat and the stress, as well as loss of income, that people on universal credit are forced to experience. I say very clearly to the Government that they should stop the planned roll-out of universal credit in Liverpool, Riverside. There are reports that it might be about to happen, and we deserve to know exactly what the position is.

We are often told that the route out of poverty is through people getting a job. Where that is possible, I certainly agree, but there are many people who are genuinely too ill to work and that has to be recognised. For many people, getting a job is the way out of poverty and I support that, which also means that I support investment in the local economy. Regional strategies are vital. There are opportunities for jobs in Liverpool’s key sectors, such as biotech, vehicle manufacturing, the creative arts—including the excellent Baltic Creative—the maritime sector and others, but there have to be specific initiatives that look at what is happening within local communities as well and help people to move from unemployment into work. Above all, there has to be the right level, type and quality of education and skills training for people to enable them to take up those new jobs. That means no more cuts to the City of Liverpool College, which is a vital provider of skills training and further education. As responsibility for skills training is transferred from central Government to Metro Mayor Steve Rotherham under the devolution agreement, it is very important that funding is not lost. Specifically, it is important that the millions of pounds of European Union funding that now go into skills training in Liverpool do not disappear. I ask the Minister for a specific assurance that that is being considered, because it is very important for the future.

I cannot end without mentioning the threats that withdrawal from the European Union will pose to employment and wellbeing in Liverpool. There is a threat to the economy as a whole, which means a threat to jobs and to public funds and finances, estimated by the Chancellor of the Exchequer to be as high as £80 billion in the event of no deal. With reduced public funds, there will be less money to pay for education, social services, policing and the whole range of other vital services provided by the public sector.

I conclude by restating that Liverpool has outstanding strengths—its people are perhaps its greatest strength—and has made great strides in recent years. It has recovered from being a place that was described as a “wasteland”, when people were leaving the city—all that is well in the past. It is now a positive, creative force, and more people are coming to Liverpool. It is a place for the future, but the lives of too many people are blighted by poverty. It is indeed time to stop the cuts in public services and to support local communities.

Universal Credit

Louise Ellman Excerpts

Wednesday 17th October 2018 Commons Chamber

[Dame Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

Many speakers have highlighted the problems that universal credit is causing people on the ground day after day, yet the Government fail to recognise the reality and admit that universal credit is in serious trouble. I am extremely concerned at the prospect of the full roll-out of universal credit in Liverpool, Riverside. According to the House of Commons Library, 2,000 people in my constituency are in receipt of universal credit now, with 13,300 to go. What can they expect? The evidence suggests that they can expect “managed migration”, which is a curious term in this context. It means that when universal credit is introduced, there is no automatic transfer for people who are receiving existing benefits. They must make new applications, and 30% of applications are not completed because people have problems applying online.

Landlords in Liverpool are already approaching me and telling me that they do not want to let their properties to people on universal credit because they are concerned about mounting arrears and failure to pay. People face the prospect of increasing debt, increasing use of food banks, and increasing stress. Stress has not been mentioned much this afternoon, but it is an extremely important issue, not just for people with existing mental health problems, but for people who are struggling to survive as more and more pressures are imposed on them. People will be worse off: according to the Resolution Foundation, 3.2 million working families will lose £48 a week on universal credit.

The Government must stop pretending that all is well. They must halt this roll-out. There must be full disclosure of what is really happening. The Government must act now.

Oral Answers to Questions

Louise Ellman Excerpts

Monday 5th February 2018 Commons Chamber

The Secretary of State was asked—

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

1. What steps she is taking to ensure support for former Carillion employees whose pensions will not be covered by the Pension Protection Fund.

[The Secretary of State for Work and Pensions (Ms Esther McVey)]

Where all sponsoring employers of a defined-benefit pension scheme have declared insolvency, they will enter a Pension Protection Fund assessment period. The Pension Protection Fund will actively work with the scheme administrator to assess whether it is able to buy out the pensions at a higher level than the PPF benefits. Where a scheme cannot do this, PPF will provide compensation. Defined-contribution schemes do not need PPF help, because they do not promise a level of pension—the member keeps the pot they have built up.

[Mrs Ellman]

The Government have presided over a regulatory scheme where a deficit of about £1 billion has been allowed to build up in the pension fund at the same time as shareholders were receiving dividends. Can the Secretary of State guarantee that all former Carillion employees will receive in full their due pension?

[Ms McVey]

What the Government did successfully back in 2004 was set up the Pension Protection Fund, which is there to compensate people should their businesses become insolvent. This is what the fund will be doing: affording protection at 100% for those who have a pension. Those not yet on a pension will be getting 90%. The Government are ensuring that businesses are responsible to their employees and their pensions. We will be bringing in stronger corporate governance rules to make sure that boards, trustees, shareholders and stakeholders hold company executives to account.

Food Poverty: Merseyside

Louise Ellman Excerpts

Tuesday 16th January 2018 Westminster Hall

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Sir David. I congratulate my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) on securing this debate on such an important issue.

We should be clear that it is an absolute disgrace that there are so many people suffering from hunger and poor nutrition in this prosperous country in 2018. Food poverty is, of course, part of more general poverty. People in poverty juggle between providing for essential needs such as eating, keeping warm and keeping housed, and too many people face the impossible choice: heat or eat? How can it be just that so many people, including children, are going hungry?

Let us look at what is happening in Liverpool, where the city council has already lost 58% of its disposable income. That figure will reach a massive 68% by 2020. The Liverpool mayoral action group’s important and groundbreaking report shows the cumulative impact of 20 cuts made to benefits, including benefits for people in work, since 2010. My hon. Friend the Member for Liverpool, West Derby referred to that. Those cuts resulted in a loss of £157 million for Liverpool people by 2016. That means that 55,000 people have been affected by a reduction in their income, which was already too low to meet basic needs. The principal groups of people who have lost out are those who are long-term sick, disabled, in insecure jobs or in jobs with insecure and changing incomes and many families with children. Those problems will be exacerbated by the full roll-out of universal credit across Liverpool this year.

Inadequate income to meet basic needs leads inevitably to food deprivation. People are constantly juggling between having enough to eat, keeping warm and keeping a home. That is intolerable. My hon. Friends have referred to the work of food banks and the disgraceful situation of so many people needing to rely on emergency food supplies to survive. Between October 2016 and September 2017, 8,732 emergency food vouchers had been redeemed at one of the three Trussell Trust food banks in Liverpool, feeding 18,456 people. That is divided between 11,500 adults and 6,900 children. What a terrible situation in 2018. The main reason for this abominable situation is benefit cuts and people on low incomes, in unstable jobs and getting an irregular income.

The fact is that people are suffering. The situation is increasingly disturbing. The Liverpool public health report for 2016-17 makes alarming reading. It records that 27% of children in reception classes in Liverpool are obese, as are 38% of children in year 6. Obesity is closely linked with food deprivation and poor nutrition. That report records a disgraceful and horrendous figure—a significant rise in hospital admissions for malnutrition in women of childbearing age and young people. It is hardly believable that such a thing is happening in our day and age. The report also shows that, in 2016, provisional data demonstrate that there were 39 infant deaths in the city—the highest recorded figure since 2005. What a horrendous situation that, in 2018, in a prosperous country, more people are being admitted to hospital for malnutrition and there are more infant deaths. Those are things that nobody would believe unless they saw those figures in Liverpool’s public health annual report.

What is being done to address this woeful situation? Liverpool City Council must be commended for its efforts. My hon. Friends have referred to a number of steps that the council is taking. The city Mayor’s action group on fairness and tackling poverty has identified food poverty, together with deprivation in fuel, clothing and housing, as a key concern requiring investigation and action. It has implemented a series of practical measures, including issuing crisis financial awards for food and mitigating the impact of Government cuts on the income of vulnerable people by using discretionary funds—funds that are increasingly under pressure.

Many of the people receiving those funds because they are in an emergency and a desperate situation are in work. Let us do away once and for all with the myth that people who are suffering in poverty are in some way feckless or do not want to work. That is an outrageous untruth or, if I am allowed to use the word in Parliament, a lie. That is what that charge is.

Liverpool City Council has also instigated healthy living public health initiatives, which are very important. The basic cause of the problem is a lack of income. It is right that people are given the fullest possible information about how to make best use of an inadequate income and basic information about nutrition and how to access nutritious food. That work is important.

[Maria Eagle]

Does my hon. Friend accept that, no matter how much good work the Trussell Trust food banks do, the food that they hand out is tinned, dried, fatty and full of sugar and salt? That is not the best way to build a healthy diet. Those dependent on food bank usage are automatically getting poor-quality food, through no fault of the people who are helping to hand out that emergency support.

--- Later in debate ---

[Mrs Ellman]

My hon. Friend makes an extremely important point. The work of food banks is excellent and very much appreciated, but of course they depend on the food that is given to them, and she has pointed out some of the consequences.

Liverpool City Council has done a great deal, and I have referred to some of that work, but it cannot solve the problem that the Government have created. Although the invaluable work of the Churches and the voluntary sector is a crucial lifeline for many, that alone cannot remove poverty, hunger and poor nutrition. The Government have a responsibility to resolve the problems that they have created. I look forward to hearing the Minister’s proposals on how he will change this deplorable situation.

--- Later in debate ---

[Alok Sharma]

Perhaps I may make a little progress, and hopefully I will provide some of the answers that the hon. Lady is looking for.

We plan to further increase the tax-free personal allowance to £12,500 by the end of this Parliament. Working parents are now entitled to up to 30 hours of free childcare, saving them around £5,000 a year. I hope that, whatever our political differences, all Members of the House will welcome those measures. We have also frozen fuel duty, saving the average car driver £850 over the last eight years, compared with the pre-2010 fuel duty escalator.

[Mrs Ellman]

The information the Minister provides is, of course, welcome, and we are familiar with those announcements. Does he agree that the people in Liverpool, and Merseyside generally, who are going hungry—the people to whom Labour Members are referring today—are those who are, in the words of the Prime Minister, “left out”? What is he going to do about it?

[Alok Sharma]

Let me come on to that—there is plenty of time left in the debate.

The basic state pension is now at one of its highest rates relative to earnings for over two decades, reversing the trend of decline that we saw between 1997 and 2010. Ultimately, however, work is the best route out of poverty.

Under-occupancy Penalty

Louise Ellman Excerpts

Thursday 28th January 2016 Commons Chamber

[Justin Tomlinson]

Absolutely, and that was of no help at all to the 241,000 families in overcrowded accommodation.

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

The Minister says that this is complex. Does he not accept that this is about straightforward suffering by people who are already struggling with hardship and have literally nowhere else to go?

[Justin Tomlinson]

Not at all, because these people have been given the money that shows that discretionary housing payment works.

Safety in Deep Sea Diving: Stephen O’Malley

Louise Ellman Excerpts

Wednesday 25th November 2015 Commons Chamber

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

In opening this Adjournment debate, I would like to pay tribute to my constituent Nicola Braniff, the partner of the late Stephen O’Malley, and her father Joe for their dedicated work in unearthing vital information about the circumstances surrounding the tragic death of Stephen and for their tireless campaign for justice.

On 3 May 2012, Stephen O’Malley, a UK citizen, was employed as a contracted commercial deep-sea diver for SubC Partner, based in Denmark. Servicing wind farm turbines in the North sea on the Alpha Ventus offshore wind farm in German waters, he was on a routine dive from the Blue Capella vessel. Stephen did not return from that fateful dive alive. There is documentation of what happened; I viewed with mounting horror the helmet camera recording of the unfolding tragedy.

Stephen’s first distress call came less than two minutes into the dive, as he complained that his neckdam was too tight. I have a neckdam with me here, and I think it is clear to see how it is designed to sit closely on the neck. If it fits too tightly, however, there can be horrendous consequences. I repeat that Stephen’s first distress call came less than two minutes into the dive, as he complained that his neckdam was too tight:

“I can’t breathe with the neckdam. It’s choking me. It’s restricting my breathing.”

After four minutes and 28 seconds into this horrendous video, Stephen is heard to cry:

“Get me up. I can’t breathe.”

The final call for help from Stephen came after 6 minutes and 25 seconds, yet it was nine minutes from the start of the dive before a rescue diver was sent down. He made valiant efforts, but Stephen became entangled in the umbilical air cord. There were also problems locating the C clip on his jacket, which was necessary for him to be hoisted up. It took 15 minutes from the start of the dive to bring him on deck—and I ask Members to remember that it was within two minutes of that dive that Stephen was heard on the video to call for help, very clearly. It took longer still to remove his helmet. Still more time passed before he was brought up, and more time passed before resuscitation began.

One hour later, a doctor was flown out from Germany and pronounced Stephen dead. There was no sense of urgency, and it is unclear whether the crew were made aware of what was happening. The company issued a statement that Stephen had died of a heart attack.

I am deeply disturbed both by the horrendous manner of Stephen’s untimely passing, and by the absence of any comprehensive health and safety investigation of what had taken place. Yes, there were post mortems in Denmark and in Liverpool, but there has been no comprehensive investigation. I have spoken to a number of people with knowledge of the sector and of this tragic event, and a great deal of very detailed work has been done by my constituent Nicola Braniff herself. There are grave concerns about the condition of the vessel, the absence of a basket to facilitate rescue, the tangled cord and the over-tight neckdam, and the management of the rescue attempt.

Had this calamity occurred under British jurisdiction, in British waters or within a British zone, the Health and Safety Executive would have been responsible for investigating, but as the vessel sailed under the Danish flag, in German waters, Denmark is held responsible. To date, the actions of the Danish authorities have been deficient. For reasons that I will identify later, they have declined to conduct an investigation.

I commend the diligence and sensitivity of André Rebello, the Liverpool and Wirral coroner who conducted the UK inquest in Liverpool. I also thank Merseyside’s Detective Chief Inspector Griffiths for his hard and conscientious work. The British consultant forensic pathologist Dr Brian Rodgers conducted the Liverpool post mortem. In his report, he concluded:

“The problems with the neckdam ring and/or the dry suit were crucial in this man’s death and I would record the cause of death as compression of the neck by an overtight neckdam”.

André Rebello’s verdict rejected the Danish post-mortem conclusion that Stephen had probably died as a result of an undiagnosed heart condition as “fanciful in the extreme”. He found that

“on the balance of probabilities Mr O’Malley has suffered a cardiac arrest as a result of hypoxia caused by his respiratory function being impaired by him hyperventilating as a result of difficulty in breathing from the compression on his neck from the neck dam ring. There is no evidence of any previously undiagnosed cardiomyopathy having any role in his death.”

The coroner issued a regulation 28 report to SubC Partner, the company that had employed Stephen, to prevent future deaths. The report stated:

“The court has been advised that rescue of Mr O’Malley from the sea was delayed because the standby diver could not locate the c-clip on the back of his harness which was to facilitate hoisting him from the water. The Court has heard that checking this c-clip is free and accessible is not part of the standard checks before a dive. Should such a check be part of the pre-dive protocol checks?”

The company must reply to the coroner giving its views.

André Rebello wrote to me, after I had a detailed conversation with him, to say:

“I am restricted by law to what I can do and find. I am only permitted to determine who has died, when and where the death occurred and how the death occurred. I also have regard to the fact that the authorities overseas retain primacy and that they might revisit the circumstance of this tragic event”.

What is the situation concerning such a potential investigation by those overseas authorities, which, as André Rebello points out, apparently retain primacy? I have made representations to a wide range of organisations in this country and across Europe, including to Ministers in the Department for Transport and the Foreign and Commonwealth Office and to the Health and Safety Executive. They explained that they themselves were not in a position to investigate, but I thank Ministers and the HSE for their thoughtful responses. In particular, I thank the Secretary of State for Transport and the Under-Secretary of State for Transport, the hon. Member for Scarborough and Whitby (Mr Goodwill), for the care they took in responding to my queries and the consideration they took in acknowledging my concerns.

I would like to look now at the authorities overseas, including the authorities that the Liverpool and Wirral coroner stated have primacy and that we have to have regard to because they may wish to return to the issue. The Danish maritime investigation branch stated that the case was outside its jurisdiction as it considered that Stephen’s death was

“not directly in connection with the operations of the ship”,

which, it says, European directives require to be the case before it can investigate. The Danish maritime authority did not conduct a formal investigation because it believed that Stephen died of natural causes. Southern Denmark police have discontinued their investigation on the ground that

“it is not reasonable to presume that a criminal offence has been committed”.

The Danish maritime authority’s findings are illuminating. I quote from its report:

“the video footage shows it took too much time to get the people in distress out of the water but this is attributable to a combination of several unfortunate coinciding circumstances. That the rescue line was not immediately available, that the person in distress was entangled in the umbilical air supply line and that the hoist was slow and accordingly there are no grounds for establishing which regulations were violated.”

The maritime authority adds:

“the diverging medical information does not change the previous view of the maritime authority.”

I have read that report again and again, particularly the section that I have read out to the House. My conclusion is that those findings are precisely why there must be a comprehensive investigation. The combination of factors cited by the Danish maritime authority in relation to Stephen’s death suggests serious deficiencies in relation to both the equipment available to Stephen and the unsuccessful rescue attempt. Taken together, they were lethal.

Grave concerns about the implications of a “too tight neckdam” have already been identified. In this country, the HSE issued a special warning note in 2012 about neckdams following another fatal accident involving a deep-sea diver. I commend the HSE’s action in relation to that. The warning that the HSE issued to help to improve safety for deep sea divers—certainly those within British jurisdiction—reads as follows:

“A neck seal that is too small can cause severe breathing problems leading to unconsciousness and, if not acted on quickly, death.”

Again, I am holding up a neck seal.

The current impasse relating to Stephen O’Malley’s sad passing is totally unacceptable, and I ask the Minister to pursue my request for a full investigation into his death with the relevant Danish authorities, possibly on a joint basis with the UK. This is what my constituent Nicola Braniff, her father Joe and many others are seeking. I ask the Minister for an assurance that he will pursue this matter. In doing so, I draw his attention to the United Nations convention on the law of the sea, which states that the flag state—in this case, Denmark—and the other state, the UK, should co-operate in cases such as these. I quote from the convention:

“Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals of another State or serious damage to ships or installations of another State or to the marine environment. The flag State and the other State shall cooperate in the conduct of any inquiry held by that other State into any marine casualty or incident of navigation.”

The National Union of Rail, Maritime and Transport Workers and the Divers Association are acutely aware of the importance of safety in deep-sea diving, and I thank both organisations for their work and support. They have pointed out at least two other instances of the deaths of deep-sea divers employed in the sector, in disturbing circumstances in which full inquiries have not been held.

Deep-sea divers are contract workers who may be reluctant to pursue individual safety issues because of concern that this could jeopardise their future employment. This places the onus firmly on official bodies. Stephen was a British national. Had he been working in British waters, the Health and Safety Executive would have investigated his death. It is because he was working in German waters under a Danish flag that this impasse has arisen. Other commercial deep-sea divers will continue to work in similar circumstances, and I ask the Minister to pursue my request as a matter of urgency. We owe that to Stephen O’Malley as well as to the commercial deep-sea divers of the present and of the future.

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[Justin Tomlinson]

I would here like to acknowledge the hon. Lady’s keen interest throughout the coroner’s investigation and inquest. I know she was deeply involved at every stage. I would also like to pay tribute to Stephen’s partner Nicola and his brother Andrew, who I understand showed considerable dignity throughout the coroner’s investigation and inquest despite their recent grief at their sad loss. At the end of the inquest hearing, the senior Liverpool and Wirral coroner sent a report to Stephen’s Danish employer, SubCPartner, suggesting action it might take to prevent further deaths. I understand that SubCPartner has now responded.

On seeking to re-open the case into the death, the UK Government do not have the power to request the Danish authorities to re-open an investigation. I will go into that further, but I hope that at the very least a copy of this debate is raised directly with them. The hon. Lady mentioned the United Nations convention on the law of the sea. My officials have sought legal advice on this specific point and consulted the Maritime and Coastguard Agency. They have concluded that the UK does not have jurisdiction in this case. This is frustrating and I wish it were otherwise.

The advice centres on the definition of a “marine casualty” in the convention. Stephen was diving from a ship that was acting as a diving platform for a diving project not related to the ship. If Stephen had been working on a marine activity directly connected with the ship, for example working on the deck or diving on the ship’s hull, the convention would apply.

[Mrs Ellman]

Does the Minister accept that the manner in which Stephen died, shown graphically on the horrendous video, suggests that this situation cannot be left like this and further action must be taken?

[Justin Tomlinson]

I absolutely agree. At this point, we are looking at whether it is us, the Government, who can lead on that. That is why we sought legal advice on whether we had jurisdiction, whether through the Health and Safety Executive, which I am representing tonight, or the Government as a whole. There are options, however. The family could pursue this matter privately through the proper channels in Denmark. I understand that the Foreign and Commonwealth Office has provided a list of English-speaking Danish lawyers who may be able to do that on their behalf with the appropriate authorities through the proper Danish legal channels.

I will take a moment to explain the regulations for diving at work in the UK and why the Health and Safety Executive cannot investigate this case even jointly with the Danish authorities. In Great Britain, the Health and Safety Executive, under the Health and Safety at Work etc. Act 1974, is responsible for investigating diving accidents in Great Britain and UK territorial waters. In Great Britain, the 1974 Act applies to all work activities within Great Britain—separate, parallel legislation applies in Northern Ireland. This is extended to the territorial waters and designated areas of the continental shelf by the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013.

The Diving at Work Regulations 1997 also apply to all diving projects at work in Great Britain and UK territorial waters, and also to diving projects conducted in UK-designated areas of the continental shelf associated with offshore installations and energy structures, including wind farms. The regulations place duties on diving contractors, divers, clients and others whose acts or omissions could adversely affect the health and safety of those engaged in a diving project. The law is supported by five approved codes of practice, detailed guidance documents and industry safety forums, which ensure a high standard of safety for deep-sea divers working in Great Britain. The detailed guidance requires the diving contractor to plan and prepare for reasonably foreseeable emergencies, including the need to recover an unconscious diver from the water and a diving supervisor to ensure that the dive is conducted safely.

In 2013, in response to concerns raised during discussions with industry, HSE also issued a safety notice about the dangers of tight neck seals. That was widely distributed and discussed with representatives from all diving-at-work industry sectors, including diver training schools. On the specific point about whether HSE has rules in place regarding neck dam tightness, diver training is regulated, and the fitting of the neck dams is on the training syllabus. The helmet operating instructions also stress that the correct fitting of the seal is critical, and we check awareness of this during HSE inspections. A safety alert on this subject has also just been released.

Investigating diving fatalities in the UK is an important area. Since agreeing to take this debate, I have spoken directly to my officials in HSE and I am assured that if such an accident occurred in the UK, we have processes and procedures in place to fully investigate the incident. The first stage of any fatal accident is undertaken by the police, supported by HSE. The police must decide whether the death resulted from a manslaughter offence. If that is likely, they will continue to investigate, supported by HSE. If the police conclude that manslaughter is not an issue, they will hand the investigation over to HSE. These investigations will include taking breathing gas samples, removing equipment for testing, and examining qualifications, medical records and dive project records. If appropriate, HSE will alert the pathologist to the need for a diving pathologist or diving expertise for the post-mortem. The evidence will then be drawn together in an investigation report, which makes recommendations for any further action, including enforcement.

As for European regulations, there is no EU directive covering diving at work, and the UK’s Diving at Work Regulations 1997 are solely national regulations. There is a wide variation in the standards of regulation of commercial diving across the EU, although countries with an established offshore oil and gas industry generally have more developed regulations for diving. However, the UK is a member of the European Diving Technology Committee, which promotes safe diving practice in Europe. The UK diving industry and HSE play a key role in this European committee to improve safe diving practice here in the UK and in Europe. I will ask HSE, through its membership of the EDTC, to ensure that lessons are learnt from this tragic case, not just here, but across Europe.

As I have said, I know that the family have asked whether HSE can investigate Stephen’s death, but because Stephen died working abroad, outside UK territorial waters and outside the area where HSE has enforcement powers, unfortunately HSE has no powers to directly investigate Stephen’s death.

[Mrs Ellman]

I appreciate the Minister’s comments and the care he has clearly taken in preparing for this debate, but would he or the relevant Minister make further representations to the appropriate authorities, which I assume are the Danish authorities, to reopen this case? I am making my own representations, my constituent is making her representations, and it would certainly be helpful to us if the appropriate Minister could assist by doing that.

[Justin Tomlinson]

I am happy to do that. As I said, I hope that these authorities will see this debate—we will make sure a copy is sent through to them—and I will raise that and ask them. I cannot make them do something—I make that qualification. From the tragic circumstances, from the way this has been described and from what we have seen, I can say that if it had occurred in this country, that is the very least we would be expecting to do.

Again, I wish to commend the work that the hon. Lady has done right from the beginning in providing that support at these incredibly difficult times, even more so because this did not happen here in the UK. Commercial diving is clearly a hazardous occupation, but we know that when risks are controlled by complying with regulations and industry best practice, such incidents can be prevented. I am, or HSE officials are, happy to meet her if she would like to know more about the safety regime in the UK. In the UK, I am confident that the diving industry is well regulated and, as mentioned, I will ask HSE, through its membership of the EDTC, to ensure that lessons are learnt from this tragic case. I have genuinely taken a real personal interest in this case. The circumstances were awful. We will do what we can. I am as frustrated as she is about the legal position, but we can act directly only where we have jurisdiction.

Question put and agreed to.