Friday Volume 550 14 September 2012 No. 44 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Friday 14 September 2012 £5·00 © Parliamentary Copyright House of Commons 2012 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 541 14 SEPTEMBER 2012 542 House of Commons Mental Health (Discrimination) (No. 2) Bill Friday 14 September 2012 Second Reading The House met at half-past Nine o’clock 9.45 am Gavin Barwell (Croydon Central) (Con): I beg to PRAYERS move, That the Bill be now read a Second time. I am presenting this Bill today because I was lucky enough to be drawn fourth in the private Members’ [MR SPEAKER in the Chair] ballot. As is often the case in this place, I discovered that not through any official communication but because Gavin Barwell (Croydon Central) (Con): I beg to move, my inbox was suddenly deluged with e-mails of That the House sit in private. congratulation and my mobile phone and landline started Question put forthwith (Standing Order No. 163). ringing at the same time. It is good that a reshuffle was The House divided: Ayes 0, Noes 58. not taking place at the time. Division No. 68] [9.34 am It is rare for a Back Bencher to have the opportunity to change the law of the country. I received hundreds of AYES good suggestions—some more realistic than others—and I took my time and thought long and hard before Tellers for the Ayes: making my choice. I chose mental health for three Mr Charles Walker and reasons, the first of which is that it affects so many Dr Thérèse Coffey people. One in four of us will experience a mental health condition in our lifetime, and three in four will NOES see a member of our immediate family experience such Alexander, Heidi Hughes, rh Simon a condition. Those numbers have been increasing, and Andrew, Stuart Jenkin, Mr Bernard will continue to do so, because although the physical Baker, Norman Jones, Mr Kevan conditions in which we live and work have improved Barclay, Stephen Khan, rh Sadiq our lives are busier and more stressful. The World Barker, rh Gregory Lee, Dr Phillip Health Organisation estimates that by 2030 more people Begg, Dame Anne Lewis, Dr Julian will be affected by depression than by any other health Benn, rh Hilary Long, Naomi condition. Berger, Luciana McLoughlin, rh Mr Patrick Blenkinsop, Tom McVey, Esther Secondly, beyond those headline figures I have seen Boles, Nick Mordaunt, Penny at first hand how people struggle with mental ill health, Bone, Mr Peter Nuttall, Mr David and how hard they often find discussing it, even with Brennan, Kevin Ottaway, Richard those to whom they are close. Two of my closest personal Buckland, Mr Robert Phillips, Stephen friends suffer from mental health conditions, as do two Carmichael, Neil Pugh, John former teachers with whom I have kept in touch. Sadly, Clark, rh Greg Rees-Mogg, Jacob both had to retire early, thereby depriving other young Colvile, Oliver Rudd, Amber people of their excellent tuition. My predecessor as Crabb, Stephen Smith, rh Mr Andrew Member of Parliament for Croydon Central, Andrew Creasy, Stella Smith, Miss Chloe Cunningham, Mr Jim Pelling, had to take leave of absence from this House in Soubry, Anna early 2008, although crucially in terms of what we are Davies, Philip Spellar, rh Mr John discussing he was able to return to work and do a good Duncan, rh Mr Alan Stewart, Iain job for his constituents. Fitzpatrick, Jim Tami, Mark Flynn, Paul Timpson, Mr Edward Since I became a Member of this House, numerous Francois, rh Mr Mark Vara, Mr Shailesh constituents with mental health conditions have come Goodman, Helen Wollaston, Dr Sarah to me for help—I imagine that all hon. Members currently Gyimah, Mr Sam Wright, Jeremy have constituents who are distressed and struggling Hands, Greg Young, rh Sir George with Atos work capability assessments. Two specific Harris, Mr Tom cases stick in my mind. The first was a man who came Heath, Mr David Tellers for the Noes: Hollobone, Mr Philip Anne Milton and to my surgery because he had lost his job and was at Howarth, Mr Gerald Nicky Morgan risk of losing his home. He broke down in tears in the middle of the appointment, and openly discussed committing suicide. The second was a resident of a Question accordingly negatived. south London YMCA property in my constituency who had witnessed someone committing suicide. He went to his GP for help and was effectively told to get over it. He then suffered a breakdown, lost his job and his marriage, and ended up sleeping on a park bench. Anything we can do—even in a small way—to help people suffering with such conditions must be good. The third reason I chose mental health was that it has a particularly passionate advocate in the form of my hon. Friend the Member for Broxbourne (Mr Walker), 543 Mental Health (Discrimination) 14 SEPTEMBER 2012 Mental Health (Discrimination) 544 (No. 2) Bill (No. 2) Bill [Gavin Barwell] There is also a grave danger that the law will deter Members from admitting to having a mental health who is sitting in front of me. I hope that he will speak condition and from seeking treatment, which would be later in the debate so that hon. Members who have not a tragedy. Ludicrously, the law is harsher than that relating heard him discuss the issue will see that passion for to MPs who are sent to prison, which does not take themselves. effect unless an MP is sentenced to more than a year. My Bill’s purpose is simple: to tackle the last legal Finally, an MP who lacks mental capacity, as defined form of discrimination in our society. Over the course by the Mental Capacity Act 2005, can be detained for of my adult life we have made significant progress in up to 12 months and not lose their seat. The law is tackling racism, sexism and homophobia. Parliament therefore also a nonsense. It has never been used in its changed the law and sent a clear signal, and, although current form, but back in 1916, Dr Charles Leach MP things are still far from perfect, attitudes have changed. was removed from his seat using the provisions of To our shame, however, the law still discriminates against predecessor legislation, the Lunacy (Vacating Seats) those with a mental health condition. A Member of Act 1886. Parliament or company director can be removed from As you will know, Mr Speaker, in January 2010, the their job because of mental ill health, even if they go on Speaker’s Conference on parliamentary representation to make a full recovery, and many people who are recommended that the law should be changed. Clearly, perfectly capable of performing jury service are ineligible there is a debate to be had on what should happen if an to do so. As it stands, the law sends out a clear message MP is unable to perform their role for an extended that if someone has a mental health condition, their period. The Speaker’s Conference recommended that contribution to public life is not welcome, and that is an the House invite an appropriate Select Committee to affront to a decent, civilised society. undertake an inquiry. In the meantime, my contention The Labour party deserves credit for its legislation to is very simple: the current law is both discriminatory tackle other forms of discrimination: the Sex Discrimination and an ass, and we should put that right while we Act 1975, the Race Relations Act 1976 and the Civil consider the wider issue. Partnership Act 2004. The Conservative party initially No less an authority than “Parker’s Law and Conduct lagged behind on those issues, but it can be proud of the of Elections” says that, as well as statute, there is Disability Discrimination Act 1995, and I hope that the common law that coalition Government will pass legislation to tackle this “idiots are disqualified for election to Parliament”, remaining form of discrimination against those with which may come as news to some of our constituents. mental ill health. Nevertheless, to guard against the unlikely event that The belief that people should be treated as individuals the courts would interpret that as a reference to those and judged on their merits, and that they should not with mental health conditions, clause 1(2) of the Bill face stigma and discrimination, is common to all abolishes any such common law. mainstream parties. I believe that, if the Bill gains Royal The second aim of Lord Stevenson’s Bill was to Assent, we will look back in a few years’ time and be amend school governance regulations, so that people amazed that it took until 2012 to do it. detained under the Mental Health Acts would no longer be disqualified from holding office as school governors. The Bill is supported by the Royal College of Clearly, someone who is detained is unable to attend Psychiatrists, Mind and Rethink Mental Illness. I thank governors’ meetings, but that may be for only a short them, my assistant Mario Creatura and the Public Bill time, and there is no reason that they should not resume Office for all their help. The provisions were originally their role once they are able to do so. introduced in the other place by Lord Stevenson of Coddenham in the previous Session. He—not I—deserves The third aim was to amend the Juries Act 1974, the credit for raising the issue.