Oral Answers to Questions

John Bercow Excerpts
Tuesday 23rd October 2018

(6 years, 1 month ago)

Commons Chamber
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Matt Hancock Portrait Matt Hancock
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Part of the purpose of having a cross-Government suicide prevention Minister is to bring together all these issues. I pay tribute to the work of James’ Place and its founder, Clare Milford Haven. We are spending £30 million of taxpayers’ money to increase the number of health-based places of safety for people experiencing a crisis, and I look forward to working with my hon. Friend on that.

John Bercow Portrait Mr Speaker
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I call Adam Afriyie.

Adam Afriyie Portrait Adam Afriyie
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Question 16, Mr Speaker.

John Bercow Portrait Mr Speaker
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No, the question has been grouped. The moment is now; the chance is here—let us hear from the hon. Gentleman.

Adam Afriyie Portrait Adam Afriyie
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Thank you, Mr Speaker, for the admonishment, or encouragement—

John Bercow Portrait Mr Speaker
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Encouragement.

Adam Afriyie Portrait Adam Afriyie
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Thank you very much.

It strikes me that every person in this Chamber, every one of our constituents and every household across the country will have been affected by the issue of suicide, whether among family, friends or colleagues. The causes of suicide are multi-faceted—there are so many, including mental health—so I welcome the new ministerial responsibility. Will my right hon. Friend clarify precisely what the role will entail in government?

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Steve Brine Portrait Steve Brine
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It is good to see the hon. Gentleman in his place and looking so well—I am glad we looked after him well. He is absolutely right that access to advanced radiotherapy treatments is critical, as is getting them against the key standard. I would be very pleased to meet his all-party group and discuss its manifesto for radiotherapy.

John Bercow Portrait Mr Speaker
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I call Vicky Ford.

John Bercow Portrait Mr Speaker
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The hon. Lady was standing. She has changed her mind. All right, never mind. We can always have another go later.

Emma Reynolds Portrait Emma Reynolds (Wolverhampton North East) (Lab)
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6. What assessment he has made of the effect of the planned closure of Telford Hospital’s A&E department on other A&E departments in the west midlands.

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John Bercow Portrait Mr Speaker
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No, no; Yorkshire is the most marvellous place, but it is a considerable distance from the narrow ambit of the question, from which the Minister did not stray. The ingenuity of those Members will be served later in our proceedings.

Luke Pollard Portrait Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
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9. What steps he is taking to support health and social care hubs.

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Tim Farron Portrait Tim Farron (Westmorland and Lonsdale) (LD)
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The Secretary of State is right to say that early diagnosis provides more opportunity to cure and treat cancers. Some 60% of those treated for cancer will receive radiotherapy, and nearly every radiotherapy centre in the country has linear accelerators that are enabled to provide the advanced SABR, or stereotactic ablative body radiotherapy, technology, but Government—NHS England—contracts mean that out of the 52 centres in England no more than 20 are contracted to actually use this technology. That means that either patients are not receiving the highest quality life-saving standard of treatment that they could be or that trusts are providing it anyway but are not being paid and valuable data on mistreatment are being completely lost. Will the right hon. Gentleman order NHS England to stop this recklessness, and frankly lethal, nonsense and agree to every—

John Bercow Portrait Mr Speaker
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Order. [Interruption.] Order. The thrust of the question is entirely clear. I was going to offer the hon. Gentleman an Adjournment debate on the subject until I realised that he had in fact just conducted it.

Matt Hancock Portrait Matt Hancock
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And also, Mr Speaker, the hon. Gentleman’s all-party group is meeting my Minister, the Under-Secretary of State for Health and Social Care, my hon. Friend the hon. Member for Winchester (Steve Brine), on this very matter. Since 2016 we have put £130 million of funding in to try to resolve the issue that the hon. Gentleman talks about: to make sure that all new equipment is capable of delivering advanced radiotherapy. Work on this is ongoing.

None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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In calling the hon. Member for Strangford (Jim Shannon) I promise to make no reference to the result of the match last night between Arsenal and Leicester City.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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Mr Speaker, you had a broader smile on your face this morning than my friend the hon. Member for Scunthorpe (Nic Dakin) and I. We still support Leicester and hope we will pay you back some day.

An important aspect of diagnosing cancer is to find the drugs that address it. What has been done to ensure the partnerships between universities and the NHS can continue, so that they can find new drugs and therefore address cancers at a very early stage?

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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As in the health service under successive Governments of both colours, demand exceeds supply and we cannot carry on indefinitely, but let us hear a few more questions.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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Last week, the Royal College of Paediatrics and Child Health revealed that there has been an increase in infant mortality for the first time in 100 years. Four in every 1,000 babies will not reach their first birthday, compared with 2.8 in every 1,000 babies in Europe. This was warned against as an effect of austerity. What assessment has the Health Secretary done on the effects of next week’s Budget on child health and the longevity of our children?

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Matt Hancock Portrait Matt Hancock
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If the hon. Gentleman is claiming that there were not enough flu jabs under Labour, I might agree with him, because there are now more flu jabs. More than 4 million flu jabs have already taken place. I am delighted that lots of people want flu jabs because everybody who needs one should get one. The arrival of the flu jab medicine is phased, because we have to ensure that we get the right flu jabs. If the hon. Gentleman could carry on promoting flu jabs for the elderly, I would be delighted.

John Bercow Portrait Mr Speaker
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Is the hon. Member for Bolsover (Mr Skinner) satisfied?

John Bercow Portrait Mr Speaker
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Nevertheless, the hon. Gentleman has had his say, and I feel sure that he will say it again as often as is necessary.

Kevin Barron Portrait Sir Kevin Barron (Rother Valley) (Lab)
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Will the Minister tell me whether the withdrawal of funding for the Healthy Futures programme in the north-west and Public Health Action in the south-west is likely to help or hinder us meeting the smoking cessation targets in the tobacco control programme?

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. There were 30 topical questions. Although there was scope for many more, I am afraid that we have to stop now. Thank you, colleagues.

Oral Answers to Questions

John Bercow Excerpts
Tuesday 24th July 2018

(6 years, 4 months ago)

Commons Chamber
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Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
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I welcome the Secretary of State to his new post, which is one of the toughest jobs in Parliament. Having worked with him on other things in the past, I am sure that his energy will come through in the Department.

I have a vested interest in the welfare of young children as we are expecting our 11th grandchild in October. Will the Secretary of State look closely at the relationship between obesity in later childhood and the diet of mothers during pregnancy? Early research shows that there is a link, so will he look at it carefully?

John Bercow Portrait Mr Speaker
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A veritable football team of Sheermans.

Matt Hancock Portrait Matt Hancock
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I am sure that they will grow into that, Mr Speaker.

I pay tribute to the work that the hon. Gentleman has done, which I have watched with admiration from elsewhere. I will certainly look at the point that he raises, which is very important, and we will take a fully evidence-based approach.

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Matt Hancock Portrait Matt Hancock
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I am delighted to see that the teamwork between my hon. Friend and I is going to continue. You might be surprised to know, Mr Speaker, that there are some things on which my hon. Friend and I agree. One is the importance of individuals taking responsibility—a critical part of public health and tackling obesity—supported by an enabling state.

John Bercow Portrait Mr Speaker
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The Secretary of State is working extremely hard. I hope that he will take it in the right spirit if I say that I do not think he has yet quite secured the Shipley vote.

Luke Pollard Portrait Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
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Sarah, who runs the Devonport Live café in Devonport, one of the poorest parts of the country, used to provide cookery classes for local young mums, but she cannot do that anymore because of a lack of funding to provide the support, facilities and food to help young mums—especially those on low incomes—to get the skills that they need to cook healthy meals for their children. What support can the Secretary of State give to young mums and to people such as Sarah who want to provide cookery lessons to support tackling childhood obesity?

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Steve Barclay Portrait Stephen Barclay
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As the hon. Lady will be aware, we accepted the amendment, and it is our intention to work as closely as possible on that as part of taking that forward—[Interruption.] To correct the—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. To be fair, it is a speedy correction.

Steve Barclay Portrait Stephen Barclay
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This is a near instantaneous correction, Mr Speaker, to recognise that what I should have clarified is that, following the vote in the House, it is our intention to work as closely as possible with that, and we recognise the point the hon. Lady makes.

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Jackie Doyle-Price Portrait Jackie Doyle-Price
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I agree with the hon. Lady. It is unacceptable that seven CCGs offer no IVF treatment at all, which is establishing a postcode lottery. We keep reminding NHS England and CCGs of the NICE guidelines and we expect them to follow them.

John Bercow Portrait Mr Speaker
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I call Bim Afolami. Not here. This is a rum state of affairs. I hope the fellow is all right. He was here earlier, but he has beetled out of the Chamber at a most inopportune moment. Well, there is nothing to be done, and the grouping breaks down, but I hope Bim’s okay. Reports would be welcome.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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16. What steps the Government are taking to ensure that the recommendations of the cancer strategy will be implemented by 2020.

Steve Brine Portrait The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)
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I, too, hope my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami) is okay.

Saying that gave me a crucial few seconds. [Interruption.]

John Bercow Portrait Mr Speaker
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It is very good of the hon. Member for Hitchin and Harpenden to drop back in on us. Unfortunately, he beetled out of the Chamber at a most inopportune moment, just before his question was reached. If he sits there, and if he is a good boy, we might get to him in due course. We have moved on now, which is most unfortunate.

Steve Brine Portrait Steve Brine
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We are very clear that achieving the 62-day standard is not a prerequisite for transformation funding, but the better the performance against the standard, the more funding alliances will receive. Most have now received 75% to 100% of the funding requested. This is taxpayers’ money, so we must ensure alliances are operationally strong and ready to achieve transformation.

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John Bercow Portrait Mr Speaker
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When we were at university together there was nothing, in my judgment, about the hon. Gentleman’s intelligence that was artificial.

Lord Austin of Dudley Portrait Ian Austin
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Thank you, Mr Speaker. It is not just artificial intelligence. The development of other life sciences and new technologies can have a massive effect on improving people’s healthcare, such as the development of treatments like Orkambi for people with cystic fibrosis. Will the Secretary of State make it an important priority to cut through the impasse between NHS England and the manufacturer, Vertex, so that people with cystic fibrosis can finally get access to the drugs they need?

John Bercow Portrait Mr Speaker
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As the Clerk advises—his is the intellectual copyright—the hon. Gentleman has used his intelligence artificially to shoehorn his preoccupation into a question to which it has no other relation. But he has got away with it on this occasion, as it is the last day and we are all in a summer mood.

Matt Hancock Portrait Matt Hancock
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I welcome the power of new technologies to bring new drugs to the table. NHS England has made a very generous final offer to the manufacturer of Orkambi. Having spoken to those involved again over the past couple of days, I understand that a meeting has been offered to the company but not taken up. The company can break this impasse by accepting the very generous offer on the table.

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Bim Afolami Portrait Bim Afolami (Hitchin and Harpenden) (Con)
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Thank you for calling me, Mr Speaker; news of my death has been greatly exaggerated, Sir.

I thank the Minister for her previous reply. She will be aware that there is considerable concern about certain images on social media, particularly those relating to self-harming, and the effect they have on young people’s mental health. Will she set out the Government’s response in dealing with this issue?

John Bercow Portrait Mr Speaker
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I know the hon. Gentleman, who has returned to the Chamber in rude health, is in fact deeply grateful to me for my generosity in accommodating him, notwithstanding his rather eccentric disappearance, and the fact that he did not mention it was a mere oversight.

Jackie Doyle-Price Portrait Jackie Doyle-Price
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I can confirm that the Government will be publishing their online harm White Paper by the end of this year to address the very subject my hon. Friend mentions.

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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I am sorry, but as in the national health service—under Governments of whichever colour—demand massively outstrips supply. I have tried to extend the envelope, but we must now move on. [Interruption.] I heard the shadow Chancellor’s observation from a sedentary position, which may well be recorded in the Official Report. We now move on to the urgent question.

Mental Health Units (Use of Force) Bill

John Bercow Excerpts
Christopher Chope Portrait Sir Christopher Chope
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I am grateful to my hon. Friend, and I hope that is the maximum timetable, rather than the minimum.

John Bercow Portrait Mr Speaker
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Has the hon. Gentleman completed his remarkably brief oration?

Christopher Chope Portrait Sir Christopher Chope
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I have indeed, Mr Speaker.

Transforming Care Programme

John Bercow Excerpts
Thursday 5th July 2018

(6 years, 5 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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We now come to the Back-Bench motion on the future of the transforming care programme. I am pleased to say that the Member who is due to move the motion is in the Chamber. This is not a laughing matter, but, sadly, not many Members wish to speak in the debate, so it could finish early. Alternatively, the sheer breadth and depth of the learning of the right hon. Member for North Norfolk (Norman Lamb), together with his capacity to expatiate with great eloquence on it, could lead to a very full debate.

Adult Social Care: Long-term Funding

John Bercow Excerpts
Thursday 28th June 2018

(6 years, 5 months ago)

Commons Chamber
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Housing, Communities and Local Government Committee
John Bercow Portrait Mr Speaker
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We now come to the first Select Committee statement. Mr Clive Betts will speak on the joint report of the Health and Social Care Committee and the Housing, Communities and Local Government Committee for up to 10 minutes, during which, I remind the House, no interventions may be taken. At the conclusion of his statement, the Chair will call Members to put questions on the subject of the statement and call Mr Clive Betts to respond to these in turn.

Childhood Obesity Strategy: Chapter 2

John Bercow Excerpts
Monday 25th June 2018

(6 years, 5 months ago)

Commons Chamber
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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order It is unsurprising that there is significant interest in this matter, but in order to facilitate timely progress to the ministerial statement, and indeed to the subsequent debate which I can advise the House is heavily subscribed, there will need to be a premium on economy from Back and Front Benches alike, as will now be brilliantly exemplified by the Chair of the Select Committee on Health, Dr Sarah Wollaston.

Sarah Wollaston Portrait Dr Sarah Wollaston (Totnes) (Con)
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I warmly welcome the second chapter of the childhood obesity plan, which takes us so much further in a number of areas. Can my hon. Friend the Minister set out the timescale for these consultations and confirm that the responses will be considered in a timely manner, treating this with the urgency it deserves?

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John Bercow Portrait Mr Speaker
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The hon. Member for Witney (Robert Courts) is starting to resemble a runner who is literally itching to get out of the starting blocks.

Robert Courts Portrait Robert Courts
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As the father of a two-year-old, I am increasingly concerned about the sedentary lifestyles that children lead. Will the Minister join me in praising Middle Barton, Great Rollright, Queen Emma’s, Clanfield and Stanton Harcourt primary schools in West Oxfordshire, which have signed up to the Daily Mile programme? Will he encourage others to do the same?

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John Bercow Portrait Mr Speaker
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The Minister’s virtue is boundless; he is truly a person of the people. I am sure he is a very popular parent at the school—I have no reason to doubt it.

Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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On Friday, I met Councillor Hazel Malcolm, Wolverhampton’s cabinet member for public health. We discussed this challenge for the city, where, unfortunately and sadly, the child obesity problem is often worst in the lowest income wards. The Minister has mentioned the Daily Mile a few times during this statement. What can he do to make this more than something there are warm words about and to roll it out in schools so that children get the benefit?

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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I, too, want to welcome the Daily Mile initiative. We should not be arguing about who was first to introduce it; I know we are competitive, but this is competitive for the schools. Does the Minister agree that any sporting activity in schools should be encouraged? Does he also agree that the social prescribing of sporting activities could also play its part in tackling this obesity crisis?

John Bercow Portrait Mr Speaker
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Any sport, of course, but particularly tennis, I suggest to the Minister.

Steve Brine Portrait Steve Brine
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Especially tennis, Mr Speaker. I know my hon. Friend is keen on social prescribing, as am I. I recently signed an accord between National Parks England and Public Health England to use the brilliant natural resource of our national parks. They are clearly part of the social prescribing mix that we increasingly see across our country, and I want to see more of it. She is right to raise that.

Gosport Independent Panel: Publication of Report

John Bercow Excerpts
Wednesday 20th June 2018

(6 years, 6 months ago)

Commons Chamber
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Jeremy Hunt Portrait The Secretary of State for Health and Social Care (Mr Jeremy Hunt)
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This morning, the Gosport Independent Panel published its report on what happened at Gosport Memorial Hospital between 1987 and 2001. Its findings can only be described as truly shocking. The panel found that, over the period, the lives of more than 450 patients were shortened by clinically inappropriate use of opioid analgesics, with an additional 200 lives also likely to have been shortened if missing medical records are taken into account.

The first concerns were raised by brave nurse whistleblowers in 1991, but then systematically ignored. Families first raised concerns in 1998 and they, too, were ignored. In short, there was a catalogue of failings by the local NHS, Hampshire constabulary, the General Medical Council, the Nursing and Midwifery Council, the coroners and, as steward of the system, the Department of Health.

Nothing I say today will lessen the anguish and pain of families who have campaigned for 20 years for justice after the loss of a loved one. But I can at least, on behalf of the Government and the NHS, apologise for what happened and what they have been through. Had the establishment listened when junior NHS staff spoke out, and had the establishment listened when ordinary families raised concerns instead of treating them as “troublemakers”, many of those deaths would not have happened.

I pay tribute to those families for their courage and determination to find the truth. As Bishop James Jones, who led the panel, says in his introduction:

“what has to be recognised by those who head up our public institutions is how difficult it is for ordinary people to challenge the closing of ranks of those who hold power...it is a lonely place seeking answers that others wish you were not asking.”

I also thank Bishop Jones and his panel for their extremely thorough and often harrowing work. I particularly want to thank the right hon. Member for North Norfolk (Norman Lamb), who, as my Minister of State in 2013, came to me and asked me to overturn the official advice he had received that there should not be an independent panel. I accepted his advice and can say today that, without his campaigning in and out of office, justice would have been denied to hundreds of families.

In order to maintain trust with the families, the panel followed a “families first” approach in its work, which meant that the families were shown the report before it was presented to Parliament. I, too, saw it for the first time only this morning, so today is an initial response and the Government will bring forward a more considered response in the autumn.

That response will need to consider the answers to some very important questions. Why was the Baker report, completed in 2003, only able to be published 10 years later? The clear advice was given that it could not be published during police investigations and while inquests were being concluded, but can it be right for our system to have to wait 10 years before learning critically important lessons that could save the lives of other patients? Likewise, why did the GMC and NMC, the regulators with responsibility for keeping the public safe from rogue practice, take so long? The doctor principally involved was found guilty of serious professional misconduct in 2010, but why was there a 10-year delay before her actions were considered by a fitness to practise panel? While the incidents seemed to involve one doctor in particular, why was the practice not stopped by supervising consultants or nurses who would have known from their professional training that these doses were wrong?

Why did Hampshire constabulary conduct investigations that the report says were

“limited in their depth and range of offences pursued”,

and why did the Crown Prosecution Service not consider corporate liability and health and safety offences? Why did the coroner and assistant deputy coroner take nearly two years to proceed with inquests after the CPS had decided not to prosecute? Finally and more broadly, was there an institutional desire to blame the issues on one rogue doctor rather than to examine systemic failings that prevented issues from being picked up and dealt with quickly, driven, as the report suggests it may have been, by a desire to protect organisational reputations?

I want to reassure the public that important changes have taken place since these events that would make the catalogue of failures listed in the report less likely. These include the work of the Care Quality Commission as an independent inspectorate with a strong focus on patient safety, the introduction of the duty of candour and the learning from deaths programme, and the establishment of medical examiners across NHS hospitals from next April. But today’s report shows that we still need to ask ourselves searching questions as to whether we have got everything right. We will do that as thoroughly and quickly as possible when we come back to the House with our full response.

Families will want to know what happens next. I hope that they and hon. Members will understand the need to avoid making any statement that could prejudice the pursuit of justice. The police, working with the Crown Prosecution Service and clinicians as necessary, will now carefully examine the new material in the report before determining their next steps, in particular whether criminal charges should now be brought. In my own mind, I am clear that any further action by the relevant criminal justice and health authorities must be thorough, transparent and independent of any organisation that may have an institutional vested interest in the outcome. For that reason, Hampshire constabulary will want to consider carefully whether further police investigations should be undertaken by another police force.

My Department will provide support for families from today, as the panel’s work has now concluded, and I intend to meet as many of the families as I can before we give our detailed response in the autumn. I am also delighted that Bishop James Jones has agreed to continue to provide a link to the families, and to lead a meeting with them in October to allow them to understand progress on the agenda and any further processes that follow the report. I commend the role played by the current MP for the area, my hon. Friend the Member for Gosport (Caroline Dinenage), who campaigned tirelessly for an independent inquiry and is unable to be here today because she is with the affected families in Portsmouth.

For others who are reading about what happened and have concerns that it may also have affected their loved ones, we have put in place a helpline. The number is available on the Gosport Independent Panel website and the Department of Health and Social Care website. We are putting in place counselling provision for those affected by the tragic events and who would find it helpful.

Let me finish by quoting again from Bishop Jones’s foreword to the report. He talks powerfully about the sense of betrayal felt by families:

“Handing over a loved one to a hospital, to doctors and nurses, is an act of trust and you take for granted that they will always do that which is best for the one you love.”

Today’s report will shake that trust, but we should not allow it to cast a shadow over the remarkable dedication of the vast majority of people working incredibly hard on the NHS frontline. Working with those professionals, the Government will leave no stone unturned to restore that trust. I commend this statement to the House.

John Bercow Portrait Mr Speaker
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Just before I call the shadow Secretary of State—the Secretary of State made reference to this point in passing—I think that it is only fair to mention to the House that a number of colleagues whose constituencies have been affected by the events at Gosport Hospital are unable to speak in these exchanges because they serve either as Ministers or, in one case, as Parliamentary Private Secretary to the Prime Minister. It should be acknowledged and respected that a number of those affected individuals are present on the Front Bench. I am of course referring to the Minister for Care, the hon. Member for Gosport (Caroline Dinenage); the Secretary of State for International Development, the right hon. Member for Portsmouth North (Penny Mordaunt); the Under-Secretary of State for Exiting the European Union, the hon. Member for Fareham (Suella Braverman); and the hon. Member for Meon Valley (George Hollingbery).

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Stephen Lloyd Portrait Stephen Lloyd (Eastbourne) (LD)
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Ten years ago, a constituent came to see me called Mrs Gillian McKenzie. She told me a story that sounded so far-fetched that I struggled to believe it. In her opinion, her mother and many other elderly people had effectively been killed before their time at a hospital in Gosport. I found it staggering. I then read the hundreds of pages of documents that this amazing woman, Mrs McKenzie, had put together over the weekend, and I came to the harrowing conclusion that there could be a chance of a significant number of early deaths at the Gosport War Memorial Hospital.

I was a candidate then, not the MP. I contacted my good friend, my right hon. Friend the Member for North Norfolk (Norman Lamb), and I took Mrs McKenzie and relatives up to London to meet him. He agreed that this could be something wicked beyond compare. Over the next few years, there was continual campaigning and lobbying, and continual pushback. Finally—I pay tribute to my right hon. Friend—we got this commission off the ground. By the way, Mr Speaker, Mrs McKenzie is now 84. I saw her on Saturday evening, wished her luck and gave her a hug. Twenty years later, we are talking about the deaths of more than 450 and possibly 600 elderly people. The relatives today got the truth.

John Bercow Portrait Mr Speaker
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Order. I have the very highest respect for the hon. Gentleman and for his keen interest in and experience of this issue, and I am exercising some latitude for Back Benchers and for the Secretary of State on this extremely sober matter, but I hope that the hon. Gentleman is at least approaching something that has a question mark at the end of it.

Stephen Lloyd Portrait Stephen Lloyd
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I am, Mr Speaker. I appreciate the latitude.

This has been a 10-year battle. Today, the relatives got the truth. The relatives and I demand justice. I urge the House, the Government and the police to do everything necessary to ensure that the individuals named in the report are brought to justice.

Oral Answers to Questions

John Bercow Excerpts
Tuesday 19th June 2018

(6 years, 6 months ago)

Commons Chamber
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Mike Hill Portrait Mike Hill (Hartlepool) (Lab)
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21. Does the Secretary of State agree that the recent High Court decision on universal credit, which determined that one of my constituents with severe mental health issues was discriminated against financially for moving from one area to another, was correct? Does he agree that people with disabilities should not be penalised in such a way? Will he commit to increasing mental health budgets to ensure that such people get the support that they need in their communities post-Winterbourne?

John Bercow Portrait Mr Speaker
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Order. The question should relate to the workforce, which is the matter we are dealing with now, but never mind. I am sure that the hon. Gentleman is interested in hearing about the workforce situation.

Steve Barclay Portrait Stephen Barclay
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The two do go together because the mental health workforce is a key component of the NHS workforce. I am sure that the hon. Gentleman will welcome the extra £1 billion by 2020 that the Prime Minister announced yesterday, as well as the Government’s prioritisation of mental health, which for too long has been seen as a Cinderella service within the NHS.

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John Bercow Portrait Mr Speaker
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The hon. Lady’s second question will be a lot shorter, I am sure.

Philippa Whitford Portrait Dr Whitford
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As the Minister heard, the Scottish Government have just passed a law on staffing. With an ageing population, social care is critical to the function of the NHS, but the charity Independent Age says that we will be short of 700,000 care workers by 2037. With no extra funding for social care announced yesterday, how will the Secretary of State make caring a real profession? Would not it be good to start with a decent wage?

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
- Hansard - -

Order. It is of the utmost importance that we are ready for the one-minute silence, so I shall take a brief inquiry from Mr Nic Dakin, and a brief reply.

Nicholas Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
- Hansard - - - Excerpts

There are homeless people in the Scunthorpe area who present with mental health problems. What are the Government doing to ensure that proper mental health support is there for people who present as homeless?

Jackie Doyle-Price Portrait Jackie Doyle-Price
- Hansard - - - Excerpts

The hon. Gentleman is quite right. Mental health is both a symptom and a cause of homelessness, and we will tackle that as part of our work on rough sleepers.

John Bercow Portrait Mr Speaker
- Hansard - -

Does anyone else want to come in on this? Apparently not. I do not wish to proceed to the next question because of the unpredictability of the time that it will take. Colleagues will want to prepare themselves for the one-minute silence that we are about to observe. I think I can say with some confidence that everyone who is in the House today will wish to observe that one-minute silence. Perhaps they will think it appropriate to stand. That one-minute silence is going to start very soon. The next question is grouped, so it would be highly inconvenient to take it. Any moment now we shall observe the silence. [Interruption.] There is much merit in repetition in certain circumstances.

Order. We shall now observe silence for one minute to remember those who died or were affected by the attack outside Finsbury Park mosque, I remind colleagues, a year ago today.

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Steve Barclay Portrait Stephen Barclay
- Hansard - - - Excerpts

I am very happy to join my hon. Friend in congratulating Stuart McLellan, Ross Nelson and the volunteers that play such a key role. I know that my hon. Friend the Member for Brigg and Goole (Andrew Percy) also performs this service in his constituency. I have spoken to him about it and I know that it plays a very valuable role.

John Bercow Portrait Mr Speaker
- Hansard - -

Ah yes, in the frame, we now have a dame—I call Dame Cheryl Gillan.

Cheryl Gillan Portrait Dame Cheryl Gillan (Chesham and Amersham) (Con)
- Hansard - - - Excerpts

14. What recent assessment he has made of the potential merits of including autism in NICE guidance on epilepsy.

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Caroline Dinenage Portrait Caroline Dinenage
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At this stage, it is too early in the update process for NICE to say exactly what its guidance will cover. However, my right hon. Friend is chair of the all-party group on autism and vice-chair of the all-party group on epilepsy, and she was the driving force behind the Autism Act 2009. I think that NICE would do very well to heed her advice.

John Bercow Portrait Mr Speaker
- Hansard - -

And that advice will be proffered on a very large number of occasions in this Chamber until the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan) gets what she seeks—I think I can say that with not just confidence, but certainty.

Heidi Allen Portrait Heidi Allen (South Cambridgeshire) (Con)
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15. What steps his Department is taking to support NHS foundation trusts to tackle shortages in clinical staff.

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Steve Brine Portrait Steve Brine
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Having just dialled into the Secretary of State’s diary, I know that he is going right after these questions.

John Bercow Portrait Mr Speaker
- Hansard - -

That is very impressive, up-to-the-minute information from the hon. Gentleman.

Steve Brine Portrait Steve Brine
- Hansard - - - Excerpts

We keep all our arm’s length bodies, including the MHRA, under review to provide best value for taxpayers, and we are working closely with Lord O’Shaughnessy, who is the Minister responsible for this area.

John Bercow Portrait Mr Speaker
- Hansard - -

We have been so brief that we must now include Mr Hollinrake.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
- Hansard - - - Excerpts

Thank you, Mr Speaker. Probably the most important recommendation in the new O’Neill review into antimicrobial resistance was the requirement for diagnostics prior to the prescription of antibiotics by 2020. Will the Minister update the House on progress towards that goal, and will he agree to meet me and colleagues, including Lord O’Neill, to discuss the establishment of an antibiotic diagnostics fund?

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None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
- Hansard - -

Order. I am sorry, but we have run out of time. However, the person whom I think has been standing the longest is Rachael Maskell.

Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
- Hansard - - - Excerpts

Thank you, Mr Speaker. NHS Property Services intends to sell the Bootham Park Hospital site, but reinvesting in that site would make such a difference to the health needs of our city. Will the Minister ensure that that happens?

John Bercow Portrait Mr Speaker
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As I understand that the point of order flows from Health questions, I will take it if it is brief.

Jonathan Ashworth Portrait Jonathan Ashworth
- Hansard - - - Excerpts

Very brief, Mr Speaker. Yesterday, the Secretary of State for Health and Social Care said that he would place the details of the funding settlement in the Library, but the paper has not yet been deposited. Mr Speaker, given the implications for higher tax and spending, will you use your good offices to ensure that that paper is deposited as soon as possible?

John Bercow Portrait Mr Speaker
- Hansard - -

I dare say that it will be, but the Secretary of State has heard the hon. Gentleman and is nodding enthusiastically from his sedentary position, and I take the nod as an indication of good intent.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

I am happy to confirm that we will do that forthwith.

John Bercow Portrait Mr Speaker
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Forthwith. Splendid. The hon. Gentleman looks satisfied—at least for now.

We have an urgent question in a moment from Alison Thewliss. I advise the House that it is on an extremely important matter that warrants urgent treatment on the Floor of the House, but it does not warrant treatment at length. I do not intend to run it for any longer than 20 minutes, because there is other business to protect.

NHS Long-Term Plan

John Bercow Excerpts
Monday 18th June 2018

(6 years, 6 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

It was a valiant effort, but the hon. Gentleman could not get away from the truth in British politics: when it comes to the NHS, Labour writes the speeches, Conservatives write the cheques. He gamely managed to avoid smiling when he said that this settlement was not enough. He said the same thing on “Sunday Politics” yesterday. Let me remind him that at the last election his party was promising not the 3.4% annual increases that we are offering today, but 2.2%. What today he says was not enough he said in the election was enough to

“'restore the NHS to be the envy of the world”.

His leader said that it would

“give our NHS the resources it needs”.

What we are offering today is not 10% or 20% more than that, but 50% more. In five years’ time this Conservative Government will be giving the NHS £7 billion more every year than Labour was prepared to give. [Interruption.] It is funny, isn’t it, that Labour Members talk about funding the NHS but when we talk about it they try to talk it down? They do not want to hear the fact that under a Conservative Government there will be £7 billion more funding every year—that is 225,000 more nurses’ salaries under a Conservative Government. [Interruption.]

John Bercow Portrait Mr Speaker
- Hansard - -

Order. There is far too much noise in this Chamber. As is my usual practice, I was addressing Education Centre students via Skype this morning. They were from a primary school from Wythenshawe and Sale East. One of the youngsters said to me, “Is it not the case, Mr Speaker, that often Members speak very rudely to and at each other?” I could not dissent from that proposition. I think it would be helpful if Members calmed themselves. The Secretary of State is accustomed to delivering statements and responding to urgent questions in this place, and he knows, and will expect, that there will be plenty of opportunity for people to question him. As he gives his answers, it is only right that he be heard, as I want then to hear every Member.

Jeremy Hunt Portrait Mr Hunt
- Hansard - - - Excerpts

Thank you, Mr Speaker. The hon. Gentleman said just now that there is

“no such thing as a Brexit dividend”.

I have heard lots of other people say that from a sedentary position. But what did their leader say on 26 February? These were his exact words:

“and we will use the funds returned from Brussels after Brexit to invest in our public services and the jobs of the future”.

So who is right: is it the hon. Gentleman or his leader?

After paying the Brexit divorce bill this Conservative Government will use the contributions that would have gone to Brussels to fund our NHS—that is what the British people voted for. But the main reason we are able to announce today’s rise, one of the biggest ever single rises in the history of the NHS, is not the Brexit dividend but the deficit reduction dividend, the jobs dividend, the “putting the economy back on its feet” dividend, after the wreck left behind by the Labour party. Every measure we have taken to put the economy back on its feet has been opposed by the Labour party, but without those measures there would be no NHS dividend today; with the Conservatives you don’t just get a strong NHS, you get the strong economy to pay for it.

In the next few weeks, as Labour scrabbles around to raise its offer on the NHS, we will no doubt hear that it is offering more for the NHS, but when the Labour party comes forward with that offer, the British people will know that the only reason it has done so is that a Conservative Government shamed it into doing so with an offer far more generous than anything Labour was prepared to contemplate.

Another thing I have heard said about NHS funding is, “Whatever the Conservatives offer, we’ll match and do more,” but the trouble is that the opposite is true, because under this Government NHS spending in England is up 20% in the past five-year period, but in Wales it is up just 14%. That is to say that for every extra pound per head invested in England, in Wales it is just 84p, which is why people are 70% more likely to wait too long in A&Es in Wales. The right response to this statement would be for Labour to say that every additional penny though the Barnett formula will go into the NHS in Wales, but we did not hear that pledge.

The hon. Gentleman also talked about social care, and this matters. I fully agree with him that we need to have a strong plan for social care and that it needs to go side by side with the NHS plan, and we have made some important commitments to the social care sector today. But if he is going to criticise social care cuts, he might at least ask why austerity happened. It was not, as he continually suggests, because of an ideological mission to shrink the state, but to save our economy and create jobs so that we could reinvest in public services. The evidence for that is shown today, with the first ever five-year NHS funding plan, to go alongside a 10-year plan. This is a Conservative Government putting the NHS first and shooting to pieces his phoney arguments about Conservative values.

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John Bercow Portrait Mr Speaker
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I call Mr Afzal Khan.

Afzal Khan Portrait Afzal Khan
- Hansard - - - Excerpts

Will the Secretary of State clarify how this money will be divided between the regions? Children growing up in the north, in constituencies such as mine, have vastly different life chances from their counterparts in the south. We do not want this funding to reinforce the north-south divide.

John Bercow Portrait Mr Speaker
- Hansard - -

I apologise to the hon. Member for Boston and Skegness (Matt Warman), who was missed out just now, but he has the compensation of knowing that he has an adoring audience who now await his important question.

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

I would never accuse you of misleading the House, Mr Speaker.

I welcome this bold, ambitious and sufficient funding settlement. Does the Secretary of State agree that over this period we will be able to eliminate not just the funding inequalities but the workforce inequalities so that units such as paediatrics at Pilgrim Hospital no longer face the kind of challenges we have historically?

Mental Health Units (Use of Force) Bill

John Bercow Excerpts
Steve Reed Portrait Mr Steve Reed (Croydon North) (Lab/Co-op)
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

John Bercow Portrait Mr Speaker
- Hansard - -

With this it will be convenient to discuss the following:

New clause 2—Independent investigation of deaths: legal aid

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.

(2) After paragraph 41 (inquests) insert—

“41A  Investigation of deaths resulting from use of force in mental health units

(1) Civil legal services provided to an individual in relation to an investigation under section (independent investigations of deaths) of the Mental Health Units (Use of Force) Act 2018 (independent investigation of deaths) into the death of a member of the individual’s family.

(2) For the purposes of this paragraph an individual is a member of another individual’s family if—

(a) they are relatives (whether of the full blood or half blood or by marriage or civil partnership),

(b) they are cohabitants (as defined in Part 4 of the Family Law Act 1996), or

(c) one has parental responsibility for the other.”

Amendment 86, in clause 1, page 1, line 13, leave out sub-paragraph (ii).

Amendment 87, page 1, line 15, leave out subsection (4).

Amendment 44, page 2, line 3, leave out “force” and insert “restraint”.

Amendment 40, page 2, line 4, after “use” insert “or threat ”.

This amendment, together with Amendments 41 to 43, would extend the definition of the use of force for the provisions in the Bill to cover threats of the use of force and coercion.

Amendment 88, page 2, line 4, leave out “mechanical or chemical” and insert “or mechanical”.

Amendment 89, page 2, line 5, leave out paragraph (b).

Amendment 41, page 2, line 5, after “isolation” insert “or threat of isolation”.

See explanatory statement for Amendment 40.

Amendment 42, page 2, line 5, at end insert “or

(c) the coercion of a patient.”

See explanatory statement for Amendment 40.

Amendment 90, page 2, leave out lines 14 and 15.

Amendment 91, page 2, leave out lines 16 and 17.

Amendment 43, page 2, line 17, at end insert—

““Coercion” means the use or threat of force, with the intention of causing fear, alarm or distress to control a patient’s behaviour or elicit compliance with the application of a use of force.”

See explanatory statement for Amendment 40.

Amendment 92, in clause 2, page 2, line 20, leave out “a relevant” and insert “any”.

Amendment 93, page 2, line 23, leave out “relevant”.

Amendment 94, page 2, line 25, leave out “relevant”.

Amendment 45, page 2, line 30, clause 3, leave out “force” and insert “restraint”.

Amendment 95, page 2, line 32, leave out “relevant”.

Amendment 37, page 3, line 2, at end insert—

‘(6A) A policy published under this section must set out that the use of force will only be used without the sole intention of inflicting pain, suffering or humiliation, or subjecting patients to tortuous, inhumane or degrading treatment, or without inflicting punishment or intimidation.”

This amendment would prevent the use of force with the sole intention of causing suffering or harm to a patient, in line with the Mental Health Act code of practice and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Amendment 36, page 3, line 3, leave out from “out” to end of line 4 and insert—

“(a) a description of each of the methods of restraint that may be used in the mental health unit;

(b) what steps will be taken to reduce and minimise the use of force in the mental health unit by staff who work in the unit;

(c) a description of the techniques to be used for avoiding or reducing the use of force in the mental health unit by staff who work in the unit; and

(d) a commitment to reducing the overall use of force in the mental health unit.”

This amendment would require mental health units to commit to reducing the overall use of force, and increase transparency about how they intend to achieve this and what types of force they permit.

Amendment 46, page 3, line 4, leave out “force” and insert “restraint”.

Amendment 47, in clause 4, page 3, line 7, leave out “force” and insert “restraint”.

Amendment 38, page 3, line 8, at end insert—

‘(1A) Information under subsection (1) must include a patient’s right to advocacy and how to access an advocate.”

This amendment would ensure that people’s legal rights to advocacy, under existing provisions, are communicated to them in relation to the use of force.

Government amendment 1, page 3, line 16, at end insert—

“unless the patient (where paragraph (a) applies) or the other person (where paragraph (b) applies) refuses the information.”

This allows for cases where a person refuses the information provided, and supersedes subsections (9)(a) and (10)(a).

Government amendment 2, page 3, line 22, leave out subsection (5) and insert—

‘(5) The responsible person must take whatever steps are reasonably practicable to ensure that the patient is aware of the information and understands it.”

This expands the duty to provide information accessibly so that it requires the responsible person to take whatever steps are reasonably practicable to ensure the patient understands.

Government amendment 3, page 3, line 33, leave out subsections (9) and (10).

Subsections (9)(a) and (10)(a) are superseded by Amendment 1. Subsections (9)(b) and (10)(b) are unnecessary as the information will not be of a nature that would cause distress.

Amendment 96, page 3, line 36, leave out “the responsible person considers that”.

Amendment 97, page 3, line 42, leave out “the responsible person considers that”.

Amendment 48, in clause 5, page 4, line 3, leave out “force” and insert “restraint”.

Amendment 79, page 4, line 3, at end insert—

‘(1A) The Secretary of State must publish quality standards for training provided under subsection (1).

(1B) The Secretary of State may delegate the publication of quality standards for training under subsection (2).”

This amendment would require training on the use of force to comply with quality standards.

Amendment 98, page 4, line 6, after “patients” insert “and their families”.

Amendment 9, page 4, line 9, leave out paragraph (c).

Amendment 49, page 4, line 11, leave out “force” and insert “restraint”.

Amendment 50, page 4, line 12, leave out “force” and insert “restraint”.

Amendment 80, page 4, line 13, at beginning insert “trauma-informed care, including”

This amendment, together with Amendment 81, would ensure that training requirements for staff include training on trauma-informed care.

Amendment 81, page 4, line 14, at end insert

“and the impact of the use of force on a patient who may have experienced violence and abuse.”

See explanatory statement for Amendment 80.

Amendment 51, page 4, line 15, leave out “force” and insert “restraint”.

Amendment 52, page 4, line 16, leave out “force” and insert “restraint”.

Amendment 99, page 4, line 18, leave out “the principal”.

Amendment 10, page 4, line 18, leave out “or ethical”.

Amendment 53, page 4, line 18, leave out “force” and insert “restraint”.

Amendment 11, page 4, line 18, at end insert—

“(l) the roles, responsibilities and procedure in the event of police involvement,”

Amendment 12, page 4, line 18, at end insert—

“(m) awareness of acute behavioural disturbance.”

Government amendment 4, page 4, line 30, leave out “meets the standards of” and insert

“is of an equivalent standard to”

This is a small drafting change that clarifies that training does not need to be provided under Clause 5 if training that was recently provided was of an equivalent standard to the training provided under that Clause.

Amendment 13, page 4, line 31, leave out subsections (5) and (6).

Amendment 100, page 5, line 8, clause 6, at end insert—

‘(7) Guidance under this Act shall be published no later than six months after this Act is passed.”

Government motion to transfer clause 6.

Amendment 101, in clause 7, page 5, line 11, after “any” insert “significant”.

Amendment 54, page 5, line 12, leave out “force” and insert “restraint”.

Amendment 39, page 5, line 13, leave out subsections (2) and (3).

This amendment would improve transparency and accountability about the use of force by ensuring consistency in the recording of all uses of force, not just those that are above a threshold to be set in statutory guidance.

Amendment 102, page 5, line 13, leave out subsection (2).

Amendment 55, page 5, line 13, leave out “force” and insert “restraint”.

Amendment 14, page 5, line 13, at end insert

“or does not involve physical contact”.

Amendment 103, page 5, line 14, leave out subsection (3).

Amendment 56, page 5, line 14, leave out “force” and insert “restraint”.

Amendment 104, page 5, line 17, leave out subsection (4).

Amendment 57, page 5, line 20, leave out “force” and insert “restraint”.

Amendment 58, page 5, line 21, leave out “force” and insert “restraint”.

Amendment 59, page 5, line 22, leave out “force” and insert “restraint”.

Amendment 60, page 5, line 23, leave out “force” and insert “restraint”.

Amendment 61, page 5, line 25, leave out “force” and insert “restraint”.

Amendment 62, page 5, line 26, leave out “force” and insert “restraint”.

Amendment 63, page 5, line 28, leave out “force” and insert “restraint”.

Amendment 64, page 5, line 31, leave out “force” and insert “restraint”.

Amendment 15, page 5, line 33, leave out paragraph (k).

Amendment 65, page 5, line 36, leave out “force” and insert “restraint”.

Amendment 66, page 5, line 38, leave out “force” and insert “restraint”.

Amendment 67, page 5, line 39, leave out “force” and insert “restraint”.

Amendment 68, page 5, line 40, leave out “force” and insert “restraint”.

Amendment 21, page 5, line 41, at end insert—

“(q) the relevant characteristics of the staff involved (if known)”

Amendment 16, page 5, line 43, at end insert—

‘(6A) Records must also be kept in the patient’s medical notes.”

Government amendment 5, page 6, line 5, leave out

“made by or under the Data Protection Act 1998”

and insert

“of the data protection legislation”

Amendments 5 and 6 are consequential on the Data Protection Act 2018.

Government amendment 6, page 6, line 6, at end insert—

‘( ) In subsection (8) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

Amendments 5 and 6 are consequential on the Data Protection Act 2018.

Amendment 17, page 6, line 7, leave out subsections (9) and (10).

Amendment 22, page 6, line 7, leave out from “(5)(k)” to “mean” and insert

“(5)(k) and (q) the ‘relevant characteristics’ in relation to a patient and member of staff”

Amendment 23, page 6, line 8, leave out “the patient’s” and insert “their”.

Amendment 24, page 6, line 9, leave out “the patient has” and insert “they have”.

Amendment 32, page 6, line 11, leave out paragraph (c).

Amendment 25, page 6, line 11, leave out “the patient’s” and insert “their”.

Amendment 26, page 6, line 12, leave out “the patient is” and insert “they are”.

Amendment 33, page 6, line 13, leave out paragraph (e).

Amendment 27, page 6, line 13, leave out “the patient’s” and insert “their”.

Amendment 34, page 6, line 14, leave out paragraph (f).

Amendment 28, page 6, line 14, leave out “the patient’s” and insert “their”.

Amendment 29, page 6, line 15, leave out “the patient’s” and insert “their”.

Amendment 35, page 6, line 16, leave out paragraph (h).

Amendment 30, page 6, line 16, leave out “the patient’s” and insert “their”.

Amendment 69, in clause 8, page 6, line 21, leave out “force” and insert “restraint”.

Amendment 70, page 6, line 22, leave out “force” and insert “restraint”.

Amendment 31, page 6, line 26, leave out “and (n)” and insert “(n) and (q)”.

Amendment 71, in clause 9, page 6, line 33, leave out “force” and insert “restraint”.

Amendment 72, page 6, line 35, leave out “force” and insert “restraint”.

Amendment 82, page 6, line 39, at end insert—

‘(2A) The report published under subsection (2) must make reference to the annual statistics published under section 8.”

This amendment, together with Amendments 83 to 85, would improve accountability and transparency in the progress towards reducing the overall use of force.

Amendment 83, page 6, line 39, at end insert—

‘(2B) The Secretary of State must make a statement to Parliament, as soon as practicable following the publication of report under subsection (2).”

See explanatory statement for Amendment 82.

Amendment 84, page 6, line 41, leave out “and”.

See explanatory statement for Amendment 82.

Amendment 85, page 6, line 41, at end insert

“and the statement under subsection (2B).”

See explanatory statement for Amendment 82.

Amendment 73, page 7, line 2, leave out “force” and insert “restraint”.

Amendment 18, in clause 12, page 7, line 38, leave out “must take” and insert “should consider taking”.

Amendment 19, page 8, line 2, leave out “must wear it and” and insert

“should wear it and try to”

Amendment 20, page 8, line 6, leave out subsections (4) and (5).

Government amendment 7, in clause 13, page 8, line 32, leave out

“has the meaning given by section 2”

and insert

“means a person appointed under section 2(1)”

This improves the drafting of the definition of “responsible person”.

Amendment 74, page 8, line 42, leave out “force” and insert “restraint”.

Amendment 75, page 8, line 43, leave out “force” and insert “restraint”.

Amendment 76, page 8, line 46, leave out “force” and insert “restraint”.

Government motion to transfer clause 15.

Amendment 77, in clause 17, page 9, line 24, leave out “Force” and insert “Restraint”.

Amendment 78, in title, line 2, leave out “force” and insert “restraint”.

Government amendment 8, line 2, leave out “and similar institutions”.

This removes from the long title a reference to “similar institutions” as these are not covered by the Bill.

Steve Reed Portrait Mr Reed
- Hansard - - - Excerpts

rose

Philip Davies Portrait Philip Davies (Shipley) (Con)
- Hansard - - - Excerpts

On a point of order, Mr Speaker. I am sorry to interrupt the hon. Member for Croydon North (Mr Reed), but I want to raise a matter of some importance. Also, I am sorry that I have not given you advance notice of this.

Mr Speaker, you are well regarded for your reputation of championing the rights of Back Benchers, but it has become apparent over the past few days that the rights of Back Benchers in this House are being massively curtailed. The deadline for tabling amendments for Fridays is Tuesday evening, which gives people the opportunity to consider the amendments that have been tabled. The timescale is the same for every Bill’s Report stage.

It has become apparent over the past day or so that the Government have a policy of saying that they will not agree to any amendments tabled unless they have at least eight days in which to consider them and to do a write-round of all Departments. That means that no Back Bencher has an opportunity to have any amendments that they table on Report accepted—the Government will automatically not accept those amendments because they have not had time to consider them. This means that the rights of Back Benchers are being massively curtailed, and also that laws will be passed that are not fit for purpose, because amendments that would otherwise have been accepted by the Government will not have been accepted. Will you look into this matter, Mr Speaker?

It seems to me that if Back Benchers are to have the opportunity to get their amendments accepted, we will need a new regime under which they will have to be tabled at least eight days before a Bill is considered; otherwise, we will have no chance. That would mean that the business of the House would have to be brought forward. Can you also confirm that, for anyone who has taken the time to table amendments to improve this Bill, the only way to have their amendments properly considered would be to ensure that we did not get to the end of our debate on these amendments today, meaning that proceedings would have to be rescheduled for a subsequent day, as that would give the Government time to consider whether to accept the amendments? Is that the only course of action open to a Back Bencher who has spent lots of time trying to improve the legislation?

John Bercow Portrait Mr Speaker
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I am grateful to the hon. Gentleman for his point of order, which is a source of some concern to me. Off the top of my head, it seems important to distinguish between two not altogether unrelated but, in important senses, separate matters. One is the question of the selection of amendments; the other is the question of the House’s treatment of them and the opportunity for treatment of them.

So far as selection is concerned, that is, as the hon. Gentleman knows, a matter for the Chair, and I will go about my duty in this matter the way that I have always done. I hope that I do this dispassionately but with a regard for Back Benchers. He and other colleagues will have discovered over the years that the views of the Government are not a matter of any particular interest or concern to me. If I think something should be selected, it will be selected.

Secondly, the hon. Gentleman will probably not be entirely surprised to know that I was not aware of any new intended arrangements being drawn up for the administrative convenience—I use that term non-pejoratively—of the Executive branch. That is not something of which a Whip has notified me. The Government might well think it most convenient to have rather longer, for the reasons that the hon. Gentleman has adduced, but it is not something of which I have been made aware. I think it would be useful to have knowledge of such a matter, but I do not think that anything can be done today. However, it would be a pity if Back Benchers were hampered in any way.

I would just add that in my limited experience—like the hon. Gentleman, I have never served in government, which I say as matter of some considerable pride—Governments are perfectly capable of operating quickly when it is convenient for them to do so, and of operating at a more leisurely pace when it is convenient for them to do so. If the hon. Gentleman is asking whether I have managed to discern the mindset of the Treasury Bench, I can say only two things. First, I have been here only 21 years, which is quite a short time in which to try to discern the mindset of those on the Treasury Bench. Secondly, if the hon. Gentleman were to think that I did understand fully the mindset of those on the Treasury Bench, he would be attributing to me an intellectual weight that I do not claim for myself.

If there are no further points of order for now, perhaps we can proceed with the oration of Mr Steve Reed.

Steve Reed Portrait Mr Reed
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Thank you, Mr Speaker. I have sympathy for what the hon. Member for Shipley (Philip Davies) said, but I hope that during today’s debate we will find ways of achieving the objectives of his constructive amendments.

The Bill is known as Seni’s law after Seni Lewis, a young man from Thornton Heath in my constituency who died in 2010 after a period of severe and prolonged face-down restraint. Seni is one of too many people who have suffered unnecessary and avoidable deaths in our mental health services, and that comes alongside any number of unnecessary and avoidable injuries. Following the inquest into Seni’s death, the coroner’s verdict was clear that, without change, what happened to Seni will happen again, and it has already happened to others. That change is this Bill, and I am grateful for support from Members on both sides of the House, the Minister and every single professional and patient advocacy group working in the sector.

New clause 1 is probing. It arises from the fact that Seni Lewis’s parents, having suffered the trauma of the loss of their child in completely avoidable circumstances in 2010, had to fight the state for seven years simply to obtain an inquest to find out how their previously healthy 21-year-old son ended up dead on the floor in hospital. The coroner pointed to severe failings by the mental health trust, the police and the Crown Prosecution Service that led to delays in that inquest opening. The root cause of the problem was the insufficiently independent investigation conducted by the mental health trust into its own failings. The answer is to ensure that any death in such circumstances automatically triggers a fully independent investigation into the circumstances and causes of that death, with legal aid provided to the families of the deceased persons so that there is a level playing field for all parties taking part in the inquest.

Currently there is a huge disparity between how investigations are conducted for deaths in mental health units and those in other forms of state detention. When somebody dies in police custody, an external investigation by an independent national body happens automatically, but the same does not happen in a mental health setting. If a patient dies, the trust or private provider investigates itself or appoints another trust or individual to do so. That lack of accountability means that reports can be delayed or kept quiet, and can lack the necessary independence and rigour.