Friday Volume 642 15 June 2018 No. 154 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Friday 15 June 2018 © Parliamentary Copyright House of Commons 2018 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1193 15 JUNE 2018 MentalHealthUnits(UseofForce)Bill 1194 (9) The Secretary of State must publish the report as soon House of Commons as practicable upon the conclusion of the proceedings or investigation.”—(Mr Reed.) Brought up, and read the First time. Friday 15 June 2018 9.35 am The House met at half-past Nine o’clock Mr Steve Reed (Croydon North) (Lab/Co-op): I beg PRAYERS to move, That the clause be read a Second time. Mr Speaker: With this it will be convenient to discuss [MR SPEAKER in the Chair] the following: 9.34 am New clause 2—Independent investigation of deaths: legal aid— Mr Steve Reed (Croydon North) (Lab/Co-op): I beg ‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment to move, That the House sit in private. of Offenders Act 2012 (civil legal services) is amended as follows. Question put forthwith (Standing Order No. 163), and (2) After paragraph 41 (inquests) insert— negatived. “41A Investigation of deaths resulting from use of force Mental Health Units (Use of Force) Bill in mental health units (1) Civil legal services provided to an individual in relation to Consideration of Bill, as amended in the Public Bill an investigation under section (independent investigations of Committee deaths) of the Mental Health Units (Use of Force) Act 2018 (independent investigation of deaths) into the death of a member New Clause 1 of the individual’s family. (2) For the purposes of this paragraph an individual is a INDEPENDENT INVESTIGATION OF DEATHS member of another individual’s family if— “(1) A registered manager must within seven days of becoming (a) they are relatives (whether of the full blood or half aware of a death to which this section applies notify the blood or by marriage or civil partnership), Secretary of State in writing of that death. (b) they are cohabitants (as defined in Part 4 of the Family (2) This section applies to a death if— Law Act 1996), or (a) the death occurred during, or as a result of, the use of (c) one has parental responsibility for the other.” force on the deceased patient, and Amendment 86, in clause 1, page 1, line 13, leave out (b) the use of force occurred at a mental health unit sub-paragraph (ii). managed by the registered manager. Amendment 87, page 1, line 15, leave out subsection (4). (3) On being notified of a death, the Secretary of State must appoint an independent person— Amendment 44, page 2, line 3, leave out “force” and (a) to investigate the circumstances of the death, and insert “restraint”. (b) to prepare a report regarding that death. Amendment 40, page 2, line 4, after “use” insert “or threat ”. (4) A person appointed under this section must be independent of the NHS and of private providers of mental This amendment, together with Amendments 41 to 43, would health services. extend the definition of the use of force for the provisions in the Bill to cover threats of the use of force and coercion. (5) A person appointed under this section must provide a report within three months of that appointment. Amendment 88, page 2, line 4, leave out “mechanical (6) The Secretary of State must within 14 days of receiving the or chemical” and insert “or mechanical”. report publish— Amendment 89, page 2, line 5, leave out paragraph (b). (a) the report, or Amendment 41, page 2, line 5, after “isolation” insert (b) a statement that a report under this section has been “or threat of isolation”. received. See explanatory statement for Amendment 40. (7) The Secretary of State may only publish a statement under Amendment 42, page 2, line 5, at end insert “or subsection (6)(b) if satisfied that the publication of the report would be contrary to the public interest, which includes causing (c) the coercion of a patient.” prejudice to— See explanatory statement for Amendment 40. (a) any potential or ongoing court proceedings, Amendment 90, page 2, leave out lines 14 and 15. (b) the conduct of a senior coroner’s investigation under Part 1 of the Coroners and Justice Act 2009. Amendment 91, page 2, leave out lines 16 and 17. (8) A statement published under subsection (6)(b) must Amendment 43, page 2, line 17, at end insert— include— ““Coercion” means the use or threat of force, with the (a) the name and date of birth of the deceased, intention of causing fear, alarm or distress to control a patient’s behaviour or elicit compliance (b) the date and place of the death, with the application of a use of force.” (c) the place at which the use of force occurred, if different See explanatory statement for Amendment 40. from the place of the death, Amendment 92, in clause 2, page 2, line 20, leave out (d) the identity of the registered manager in relation to the mental health unit, and “a relevant” and insert “any”. (e) how the publication of the report would, in the opinion Amendment 93, page 2, line 23, leave out “relevant”. of the Secretary of State,be contrary to the public interest. Amendment 94, page 2, line 25, leave out “relevant”. 1195 MentalHealthUnits(UseofForce)Bill15 JUNE 2018 MentalHealthUnits(UseofForce)Bill 1196 Amendment 45, page 2, line 30, clause 3, leave out ‘(1A) The Secretary of State must publish quality standards “force” and insert “restraint”. for training provided under subsection (1). Amendment 95, page 2, line 32, leave out “relevant”. (1B) The Secretary of State may delegate the publication of quality standards for training under subsection (2).” Amendment 37, page 3, line 2, at end insert— This amendment would require training on the use of force to ‘(6A) A policy published under this section must set out that comply with quality standards. the use of force will only be used without the sole intention of inflicting pain, suffering or humiliation, or subjecting patients to Amendment 98, page 4, line 6, after “patients” insert tortuous, inhumane or degrading treatment, or without inflicting “and their families”. punishment or intimidation.” Amendment 9, page 4, line 9, leave out paragraph (c). This amendment would prevent the use of force with the sole Amendment 49, page 4, line 11, leave out “force” and intention of causing suffering or harm to a patient, in line with the insert “restraint”. Mental Health Act code of practice and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Amendment 50, page 4, line 12, leave out “force” and Treatment or Punishment. insert “restraint”. Amendment 36, page 3, line 3, leave out from “out” Amendment 80, page 4, line 13, at beginning insert to end of line 4 and insert— “trauma-informed care, including” “(a) a description of each of the methods of restraint that This amendment, together with Amendment 81, would ensure that may be used in the mental health unit; training requirements for staff include training on trauma-informed (b) what steps will be taken to reduce and minimise the use care. of force in the mental health unit by staff who work Amendment 81, page 4, line 14, at end insert in the unit; “and the impact of the use of force on a patient who may have (c) a description of the techniques to be used for avoiding experienced violence and abuse.” or reducing the use of force in the mental health unit by staff who work in the unit; and See explanatory statement for Amendment 80. (d) a commitment to reducing the overall use of force in Amendment 51, page 4, line 15, leave out “force” and the mental health unit.” insert “restraint”. This amendment would require mental health units to commit to Amendment 52, page 4, line 16, leave out “force” and reducing the overall use of force, and increase transparency about insert “restraint”. how they intend to achieve this and what types of force they permit. Amendment 99, page 4, line 18, leave out “the principal”. Amendment 46, page 3, line 4, leave out “force” and Amendment 10, page 4, line 18, leave out “or ethical”. insert “restraint”. Amendment 53, page 4, line 18, leave out “force” and Amendment 47, in clause 4, page 3, line 7, leave out insert “restraint”. “force” and insert “restraint”. Amendment 11, page 4, line 18, at end insert— Amendment 38, page 3, line 8, at end insert— “(l) the roles, responsibilities and procedure in the event of ‘(1A) Information under subsection (1) must include a police involvement,” patient’s right to advocacy and how to access an advocate.” Amendment 12, page 4, line 18, at end insert— This amendment would ensure that people’s legal rights to “(m) awareness of acute behavioural disturbance.” advocacy, under existing provisions, are communicated to them in relation to the use of force. Government amendment 4, page 4, line 30, leave out Government amendment 1, page 3, line 16, at end “meets the standards of” and insert insert— “is of an equivalent standard to” “unless the patient (where paragraph (a) applies) or the other This is a small drafting change that clarifies that training does not person (where paragraph (b) applies) refuses the information.” need to be provided under Clause 5 if training that was recently provided was of an equivalent standard to the training provided This allows for cases where a person refuses the information under that Clause.