UK Parliament / Open data

Mental Health Units (Use of Force) Bill

Debate on bills on Friday, 15 June 2018, in the House of Commons, led by Steve Reed. The answering member was Jackie Doyle-Price.
Motion that the House sit in private. Negatived on question. Report stage. New clause 1, discussed with new clause 2, Government amendments, and other amendments. New clauses 1 and 2 debated and withdrawn. Government amendments made to clause 4. Amendment to clause 5 negatived on division (8 to 47). Another amendment to clause 5 negatived on division (3 to 49). Government amendments made to clauses 7 and 13. Third reading. Debate adjourned. To be resumed 6 July. Bill, as amended on consideration, to be printed (Bill 228).

About these Parliamentary proceedings

Reference

642 cc1193-1268 

Session

2017-19

Legislative stage

Third reading and Report stage

Chamber / Committee

House of Commons chamber

Proceeding contributions

Steve Reed | 642 c1194 (Link to this contribution)

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

John Bercow | 642 cc1194-9 (Link to this contribution)

With this it will be convenient to discuss the following:

New clause 2—Independent investig...


Show all contributions (141)
Philip Davies | 642 cc1199-1200 (Link to this contribution)

On a point of order, Mr Speaker. I am sorry to interrupt the hon. Member for Croydon North (Mr Re...

John Bercow | 642 c1200 (Link to this contribution)

I am grateful to the hon. Gentleman for his point of order, which is a source of some concern to ...

Steve Reed | 642 cc1200-1 (Link to this contribution)

Thank you, Mr Speaker. I have sympathy for what the hon. Member for Shipley (Philip Davies) said,...

Jeremy Quin | 642 c1201 (Link to this contribution)

I congratulate the hon. Gentleman on the progress of the Bill, which I hasten to say that I suppo...

Steve Reed | 642 cc1201-2 (Link to this contribution)

The hon. Gentleman raises an important point, and I look forward to the comments of the Under-Sec...

Norman Lamb | 642 c1202 (Link to this contribution)

Does the hon. Gentleman share my view that whether the measure gets into the Bill or not, we need...

Steve Reed | 642 c1202 (Link to this contribution)

I absolutely agree. The Bill sets up a process and attempts to change the culture of the services...

Christopher Chope | 642 c1203 (Link to this contribution)

I am grateful to the hon. Gentleman for his indication of support for these amendments. When the ...

Steve Reed | 642 c1203 (Link to this contribution)

As the Minister is present, it is probably best to allow her to speak for herself, rather than fo...

Christopher Chope | 642 c1203 (Link to this contribution)

I tabled these amendments on the basis of a sad, current constituency case involving the parents ...

Steve Reed | 642 cc1203-4 (Link to this contribution)

I hear what the hon. Gentleman is saying, but the point remains: if we take measures to deal with...

Jeremy Quin | 642 c1204 (Link to this contribution)

I wonder whether the hon. Gentleman has any thoughts on amendment 113, which I do not think will ...

Steve Reed | 642 cc1204-6 (Link to this contribution)

I agree with the sentiment, but I do not think that the Bill should be too prescriptive. It is fo...

Philip Davies | 642 cc1206-7 (Link to this contribution)

May I start by commending the hon. Member for Croydon North (Mr Reed), who is an excellent Member...

Jackie Doyle-Price | 642 c1207 (Link to this contribution)

My hon. Friend is perhaps one of the most passionate Members about defending and championing the ...

Philip Davies | 642 c1207 (Link to this contribution)

I am sure we do, which is why I have consulted my local trust, Bradford District Care NHS Foundat...

Jackie Doyle-Price | 642 c1207 (Link to this contribution)

This is great fun. I come back to the point that this is a private Member’s Bill and the Governme...

Philip Davies | 642 cc1207-8 (Link to this contribution)

I am grateful to the Minister for that. I appreciate that we are in a strange situation in which ...

Christopher Chope | 642 c1208 (Link to this contribution)

I do not think that we are wasting our time when we table amendments. Contrary to what my hon. Fr...

Philip Davies | 642 cc1208-9 (Link to this contribution)

My hon. Friend is absolutely right, but he is being slightly naive in thinking that we will get s...

Norman Lamb | 642 c1209 (Link to this contribution)

I am grateful to the hon. Gentleman for giving way. In my experience both from my time as a Minis...

Philip Davies | 642 cc1209-1210 (Link to this contribution)

The right hon. Gentleman certainly knows more about this subject than I do, and probably more tha...

Kevin Foster | 642 c1210 (Link to this contribution)

I am listening with some interest to my hon. Friend’s speech. The purpose of his amendments, as h...

Philip Davies | 642 c1210 (Link to this contribution)

I understand the points that my hon. Friend makes, and I will come on to some of them later on, a...

Christopher Chope | 642 c1210 (Link to this contribution)

When one looks at the drafting of clause 1 (6), references to the use of force are to

“the ...

Philip Davies | 642 cc1210-2 (Link to this contribution)

My hon. Friend is absolutely right. He has made the point that I was literally just about to make...

Steve Reed | 642 c1212 (Link to this contribution)

Surely the point about an unconscious bias is that it is unconscious. If we do not collect the da...

Philip Davies | 642 c1212 (Link to this contribution)

I understand the hon. Gentleman’s point and I am not totally unsympathetic towards it. My fear is...

Steve Reed | 642 c1212 (Link to this contribution)

But nobody, in this Bill or elsewhere, is advocating proportionality in the way in which restrain...

Philip Davies | 642 c1212 (Link to this contribution)

The hon. Gentleman’s motives are entirely honourable and decent, and I support them 100%. My fear...

Christopher Chope | 642 c1213 (Link to this contribution)

My hon. Friend is making an excellent point. Is it not also the case that substance and drug abus...

Philip Davies | 642 cc1213-4 (Link to this contribution)

My hon. Friend is absolutely right to draw that comparison. It goes to show that well-meaning ini...

Matt Warman | 642 c1214 (Link to this contribution)

I too am obviously a great fan of Prince Philip. In talking about his fears, my hon. Friend is, w...

Philip Davies | 642 cc1214-5 (Link to this contribution)

I cannot accept that at all, Madam Deputy Speaker—it is a delight to see you in the Chair. My ame...

Christopher Chope | 642 c1215 (Link to this contribution)

As always, my hon. Friend is making an excellent point. In his extensive research, has he been ab...

Philip Davies | 642 c1215 (Link to this contribution)

I am afraid I cannot answer my hon. Friend’s question. I do not know. The Minister was absolutely...

Eddie Hughes | 642 c1215 (Link to this contribution)

My hon. Friend is making a fascinating speech that seems to be very well researched. Given that h...

Philip Davies | 642 cc1215-6 (Link to this contribution)

My hon. Friend may well be right; I do not know. I have not been able to find any evidence for th...

Christopher Chope | 642 c1216 (Link to this contribution)

My hon. Friend has referred to the definition of “ethics” and “ethical”. Paragraph (k), to which ...

Philip Davies | 642 cc1216-7 (Link to this contribution)

My hon. Friend makes a good point. I do not know the answer to that—who knows? It is a mystery to...

Norman Lamb | 642 c1217 (Link to this contribution)

I suspect that the hon. Gentleman and I agree that it is really important to protect the individu...

Philip Davies | 642 c1217 (Link to this contribution)

Absolutely I do—I am not sure that anyone would disagree with that. The issue is how we best ensu...

Jackie Doyle-Price | 642 c1217 (Link to this contribution)

I advise my hon. Friend that the guidance we will issue on the Bill will be subject to consultati...

Philip Davies | 642 cc1217-1225 (Link to this contribution)

I am grateful to the Minister. As I suggested, the Government have the authority to put these thi...

Christopher Chope | 642 c1225 (Link to this contribution)

I certainly agree with my hon. Friend about the necessity of putting the two amendments in the Bi...

Philip Davies | 642 c1225 (Link to this contribution)

I am grateful to my hon. Friend. If the Minister wishes to intervene, I will not stop her.

Jackie Doyle-Price | 642 c1225 (Link to this contribution)

I am happy to give some clarification on the Government’s position on this issue. When I discusse...

Philip Davies | 642 c1226 (Link to this contribution)

There you go, Madam Deputy Speaker. What can you say? The civil service script has been brandishe...

Christopher Chope | 642 c1226 (Link to this contribution)

Looking at the amendments on what should be in the training, has my hon. Friend had a chance to l...

Philip Davies | 642 cc1226-8 (Link to this contribution)

The answer to my hon. Friend’s question is yes—I have looked at his amendment and agree with it. ...

Christopher Chope | 642 c1228 (Link to this contribution)

Is it not extraordinary that the list to which my hon. Friend refers makes no reference to whethe...

Philip Davies | 642 cc1228-1230 (Link to this contribution)

Again my hon. Friend is absolutely right. One could argue that that is important and should be lo...

Christopher Chope | 642 c1230 (Link to this contribution)

I think we have all encountered constituency cases in which people suffering from mental illnesse...

Philip Davies | 642 c1230 (Link to this contribution)

That is a very good point. I had not mentioned that people might be moved from one institution to...

Steve Reed | 642 c1230 (Link to this contribution)

I am sorry to intervene on the hon. Gentleman—I know that he is trying to be as brief and succinc...

Philip Davies | 642 c1231 (Link to this contribution)

As I said at the start, I genuinely appreciate the constructive way in which the hon. Gentleman h...

Christopher Chope | 642 c1231 (Link to this contribution)

My hon. Friend sets out the three options very clearly, and if we went for the last of them that ...

Philip Davies | 642 cc1232-5 (Link to this contribution)

My hon. Friend is right. The Minister is doing her best; she does not decide the Government’s bur...

Kevin Foster | 642 c1235 (Link to this contribution)

I thank my hon. Friend for giving way. It is always a pleasure to have an extended opportunity to...

Philip Davies | 642 c1235 (Link to this contribution)

I understand the point that my hon. Friend is making. Equally, I am not keen on unnecessarily cri...

Kevin Foster | 642 c1236 (Link to this contribution)

I thank my hon. Friend for giving way again. He gave the example of the pilot schemes, and body-w...

Philip Davies | 642 c1236 (Link to this contribution)

I made it clear that I support and encourage the use of such cameras, but there may be occasions ...

Jackie Doyle-Price | 642 c1236 (Link to this contribution)

I completely with agree with my hon. Friend’s points. It was precisely to address such concerns t...

Philip Davies | 642 c1236 (Link to this contribution)

I am grateful to the Minister for that, and I am sure that police officers will be grateful, too....

Christopher Chope | 642 c1236 (Link to this contribution)

Is there any evidence to suggest that the police will not want to protect themselves by taking bo...

Philip Davies | 642 cc1236-7 (Link to this contribution)

My hon. Friend makes a good point. The evidence is that police officers are the biggest supporter...

Steve Reed | 642 c1237 (Link to this contribution)

I look forward to hearing the Minister address that point because I believe that she has proposal...

Philip Davies | 642 c1237 (Link to this contribution)

I am very grateful for that intervention, and I also very much welcome them and salute them for e...

Norman Lamb | 642 c1237 (Link to this contribution)

I am conscious of the fact that the hon. Gentleman has been speaking for two hours. He is raising...

Philip Davies | 642 c1238 (Link to this contribution)

I hear what the right hon. Gentleman says, but clearly he has not heard what I have said. The Bil...

Steve Reed | 642 c1238 (Link to this contribution)

Although I agree with the hon. Gentleman that I would like to see changes, I am perfectly happy t...

Philip Davies | 642 c1238 (Link to this contribution)

We have been around that issue, so I do not intend to revisit it again. The fundamental amendment...

Christopher Chope | 642 c1238 (Link to this contribution)

My hon. Friend is absolutely right not to fall foul of the scaremongering, because we are fortuna...

Philip Davies | 642 c1238 (Link to this contribution)

The Bill will definitely conclude its Report stage at some point, but if it does not pass today, ...

Philip Davies | 642 c1239 (Link to this contribution)

I hope that the Minister is going to make us all happy.

Jackie Doyle-Price | 642 c1239 (Link to this contribution)

My hon. Friend is again mischaracterising the Government’s position. Our position is that the ame...

Philip Davies | 642 c1239 (Link to this contribution)

Perhaps when the Minister responds to the debate she can tell us which amendments the Government ...

Sarah Jones | 642 c1239 (Link to this contribution)

Members have had six months to table amendments, so perhaps the hon. Gentleman could have speeded...

Philip Davies | 642 c1239 (Link to this contribution)

I do not believe the hon. Lady has been present throughout the debate; had she been, she would ha...

Will Quince | 642 c1239 (Link to this contribution)

Are we not in danger of allowing the perfect to be the enemy of the good?

Philip Davies | 642 c1239 (Link to this contribution)

On that basis, my hon. Friend is basically saying, “Let’s get a Bill with a nice title, with any ...

Steve Reed | 642 c1240 (Link to this contribution)

If the hon. Gentleman were generous enough to draw his remarks to a close within a reasonably sho...

Philip Davies | 642 c1240 (Link to this contribution)

Yes, that point has been raised. Basically, we are going to cover everything that is not in the B...

Jackie Doyle-Price | 642 c1240 (Link to this contribution)

Again, I would have appreciated sight of the amendments earlier, not least because we could have ...

Philip Davies | 642 c1240 (Link to this contribution)

Well, the only problem with that is that we will end up in the same game in which I table an amen...

Jackie Doyle-Price | 642 c1240 (Link to this contribution)

My hon. Friend has been a Member of Parliament for a lot longer than I have, so he will be aware ...

Philip Davies | 642 c1241 (Link to this contribution)

But we do not know what will be in this guidance. I am making the case that it is absolutely esse...

Christopher Chope | 642 c1241 (Link to this contribution)

The Government’s line seems to be that this legislation is an urgent measure. If it is so urgent,...

Baroness Winterton of Doncaster | 642 c1241 (Link to this contribution)

Order. The hon. Gentleman is making an intervention on the hon. Member for Shipley (Philip Davies...

Christopher Chope | 642 c1241 (Link to this contribution)

I invite my hon. Friend the Member for Shipley (Philip Davies) to ask the Minister whether she ag...

Philip Davies | 642 cc1241-2 (Link to this contribution)

Absolutely. It appears, to me at any rate—I do not know about anyone else—that the Government are...

Christopher Chope | 642 c1242 (Link to this contribution)

And, of course, every threat of the use of force would have to be recorded, would it not? The thr...

Philip Davies | 642 cc1242-4 (Link to this contribution)

I agree. The same applies to amendment 41 —also in the name of the right hon. Member for North No...

Christopher Chope | 642 c1244 (Link to this contribution)

It all depends on when the draft guidance is produced. My amendment is referring to the guidance ...

Philip Davies | 642 c1244 (Link to this contribution)

My hon. Friend is on to something with that, and I certainly agree. It is quite extraordinary tha...

Christopher Chope | 642 c1244 (Link to this contribution)

At the moment, clause 7(2) states that subsection (1) does not apply to cases where the use of fo...

Philip Davies | 642 cc1244-5 (Link to this contribution)

I hope that my hon. Friend will expand on that later. He makes a good point, and I am broadly sym...

Christopher Chope | 642 c1245 (Link to this contribution)

Some people looking at today’s proceedings may say that my hon. Friend has been speaking for a lo...

Lindsay Hoyle | 642 c1245 (Link to this contribution)

Order. May I just say that we do not need to be reminded of how long the hon. Member for Shipley ...

Philip Davies | 642 c1245 (Link to this contribution)

My hon. Friend the Member for Christchurch will have noticed that at no point did anybody in the ...

Norman Lamb | 642 cc1245-8 (Link to this contribution)

In speaking today, including about the amendments I have tabled, I take a different view from tha...

Jackie Doyle-Price | 642 cc1248-1251 (Link to this contribution)

First, I thank and congratulate the hon. Member for Croydon North (Mr Reed) on his tireless work ...

Michelle Donelan | 642 c1251 (Link to this contribution)

Does my hon. Friend agree that this Bill is vital and it is a testament to the work of Seni Lewis...

Jackie Doyle-Price | 642 c1251 (Link to this contribution)

This is an important reform that will considerably alter the balance of the scales of justice in ...

Christopher Chope | 642 cc1251-2 (Link to this contribution)

Will my hon. Friend expand a little more on the timescale within which an independent forensic pa...

Jackie Doyle-Price | 642 cc1252-3 (Link to this contribution)

I am grateful to my hon. Friend for making that point. As he says, the longer the answers take, t...

Kevin Foster | 642 c1253 (Link to this contribution)

The Minister is making some interesting points about the legal aid review. Will she confirm what ...

Jackie Doyle-Price | 642 cc1253-4 (Link to this contribution)

I thank my hon. Friend for that intervention. I hope that we will continue to consider everything...

Norman Lamb | 642 c1254 (Link to this contribution)

Will the Minister look at whether the guidance will be clear about the importance of staff not in...

Jackie Doyle-Price | 642 cc1254-5 (Link to this contribution)

The right hon. Gentleman is right about that, so let me go through the provisions we think are in...

Christopher Chope | 642 c1255 (Link to this contribution)

Will the Minister make a statement on which products would be covered by the Bill and which would...

Jackie Doyle-Price | 642 c1255 (Link to this contribution)

I will commit to writing to my hon. Friend with details of the products licensed by the National ...

Christopher Chope | 642 c1255 (Link to this contribution)

Would the Bill cover situations in which the NHS is paying for private services in mental health ...

Jackie Doyle-Price | 642 cc1255-6 (Link to this contribution)

It would; indeed, to be more explicit, any service with which the NHS commissions mental health s...

Christopher Chope | 642 c1256 (Link to this contribution)

My hon. Friend is being very generous. Will she tell us the current state of the guidance? Can it...

Jackie Doyle-Price | 642 cc1256-7 (Link to this contribution)

We will undertake it speedily and it will be made public, but, as my hon. Friend will appreciate,...

Norman Lamb | 642 c1257 (Link to this contribution)

This is my very final point. Even if this is not in the Bill, does the Minister agree that it wou...

Jackie Doyle-Price | 642 c1257 (Link to this contribution)

That issue did come up in Committee. Although I appreciate the spirit with which the right hon. G...

Justin Madders | 642 cc1257-8 (Link to this contribution)

May I start by congratulating my hon. Friend the Member for Croydon North (Mr Reed) on progressin...

Lord Benyon | 642 c1258 (Link to this contribution)

On a point of order, Mr Deputy Speaker. I seek your advice, because I have heard conflicting view...

Lindsay Hoyle | 642 c1258 (Link to this contribution)

If it goes wrong, it is obviously going to come back on me. In the end the right hon. Gentleman m...

Christopher Chope | 642 c1258 (Link to this contribution)

There is only a bare hour left, Mr Deputy Speaker.

Lindsay Hoyle | 642 cc1258-9 (Link to this contribution)

Twenty-five minutes will do you, then. Come on, Sir Christopher!

1.30 pm

Christopher Chope | 642 c1259 (Link to this contribution)

It is a pleasure to follow the Opposition spokesman. He was right to pay tribute to the work of t...

Jackie Doyle-Price | 642 c1260 (Link to this contribution)

My hon. Friend, as a good small state Conservative, will appreciate my desire not to put burden o...

Christopher Chope | 642 c1260 (Link to this contribution)

Will it apply to private patients in private institutions as well?

Jackie Doyle-Price | 642 c1260 (Link to this contribution)

Where that institution provides services to the NHS, it will, because we will only commission ser...

Christopher Chope | 642 c1260 (Link to this contribution)

Okay. That is very helpful. As my hon. Friend says, I am keen to avoid unnecessary burdens and re...

Jackie Doyle-Price | 642 c1260 (Link to this contribution)

My hon. Friend is right, it can, but that should be a clinical judgment. We are trying to tackle ...

Christopher Chope | 642 cc1260-1 (Link to this contribution)

I am grateful to my hon. Friend for that clarification.

I tabled amendments 92 to 95 becaus...

Jackie Doyle-Price | 642 c1261 (Link to this contribution)

The Government most certainly do. I mentioned earlier that we are currently undertaking a review ...

Christopher Chope | 642 c1262 (Link to this contribution)

I am grateful to the Minister, and to you for your indulgence, Mr Deputy Speaker. It shows your f...

Steve Reed | 642 cc1262-3 (Link to this contribution)

I am grateful to right hon. and hon. Members across the Chamber for the constructive way in which...

Lindsay Hoyle | 642 c1264 (Link to this contribution)

I ask the Serjeant at Arms to investigate the delay in the Aye Lobby.

Steve Reed | 642 cc1266-7 (Link to this contribution)

I beg to move, That the Bill be now read the Third time.

Given that we have only nine minut...

Jackie Doyle-Price | 642 c1267 (Link to this contribution)

I cannot pay tribute enough to the hon. Member for Croydon North (Mr Reed) for his incredible lea...

Christopher Chope | 642 cc1267-8 (Link to this contribution)

I, too, pay tribute to the hon. Member for Croydon North (Mr Reed) for bringing forward this Bill...

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