Ben Spencer MP: speeches
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Speeches
- 25 Jun 2025 · Topical Questions · Hansard source
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Why are the Government ignoring the advice of the AI opportunities action plan to encourage the start-up and scaling of tech businesses in the UK and instead favouring market-dominant corporations from abroad over our own domestic businesses when awarding Government contracts?
- 23 Jun 2025 · Middle East · Hansard source
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I thank the Foreign Secretary and his Department for the work they are doing to protect British citizens here and abroad. What does he think needs to happen for Iran to abandon its ambitions to build and deploy a nuclear weapon?
- 23 Jun 2025 · UK Military Base Protection · Hansard source
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When an extremist minority spreads division and intimidation and now has even attacked our military, prioritising foreign regions and their interests above our own, it is an attack on our country. It is treason. The primary job of our Government is to protect the UK, so I welcome the announcement today that the Government are taking action to do just that. I was proud to celebrate Armed Forces Week at the flag raising ceremony in Runnymede this morning. Will the Minister join me in paying tribute to all our armed forces staff and the work they do for us all?
- 23 Jun 2025 · Pride Month · Hansard source
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I am proud to speak in today’s debate on Pride Month; it is the first time I have done so. I also enjoy the distinction of being the first straight man to become a member of LGBT Conservatives, which involved a special resolution to approve my membership. Hopefully that will be the first and last constitutional conundrum for which I am responsible in my political career. Today, I want to speak of my incredible pride that, more than 10 years ago, a Conservative coalition Government passed legislation to legalise same-sex marriage. Today, around 167,000 people are living in same-sex marriages, with all the happiness, challenges and life-enriching complexity that involves. I am proud of that because the Conservative party is the party of family, and the party of rights and duties, freedoms and responsibilities—the freedom for people to love whoever they choose, and the freedom to honour that love by making a lifelong commitment to another person, with all the responsibilities for mutual care, support and home building that entails. Children enjoy the best outcomes when they are raised in stable, loving homes. While marriage is not always a guarantee of stability, it is a good indicator and supporter of it. Data from the UK longitudinal household survey shows that cohabiting parents were 3.4 times more likely to split up during any given one-year period compared with married parents, across income groups. The benefits of making a commitment and raising a family are not just for the children of those families. Taking on family responsibilities gives people meaning and purpose, making them more productive as they work to put the people they have taken responsibility for ahead of themselves. In saying this, I want to acknowledge and pay tribute to the single parents and cohabiting couples, both same sex and heterosexual, who do a heroic job every day for their families. Quite frankly, as a married parent myself, I do not know how single parents manage it and I pay tribute to them. All parents should be acknowledged and appreciated for the daily acts of care and sacrifice that they make for their children—our future. Just because other models can and do work, we should not stop striving to support the institution of marriage as the foundational building block of our society. Society benefits from stable families where children can be supported to thrive and become citizens who contribute to not only their family lives, but their communities. I am pleased and proud to belong to a party that championed the rights of same-sex marriage and brought it into law. Our laws and policies should incentivise commitment to family life for all couples, regardless of sexuality. I am proud that because of decisions in this place, so many people can marry the person they love today.
- 20 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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rose —
- 20 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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It is often said that Parliament is the conscience of the nation, but I believe that it is also its safeguard. There are people who will benefit from physician-assisted suicide, as implemented in this Bill, but there are also people who will be harmed: those with mental illness, those in care homes, those who feel a burden, those who are made to feel a burden, and those who are abused. The Bill’s safeguards are inadequate. The Royal College of Psychiatrists, the Royal College of Physicians—of which I am a member—and the Royal College of Pathologists, and countless doctors, professionals and charities, have all been ignored in pursuit of absolutist principle above understanding. It is a facile interpretation of autonomy to give it no bounds or to ignore its prerequisites. We must hear the concerns and act accordingly today, for who are we if not the champions of the vulnerable and the voice of the voiceless? The question before us today is this: do we believe that this harm to the vulnerable is worth it? I say it is not. I say we vote down this Bill.
- 16 Jun 2025 · Child Sexual Exploitation: Casey Report · Hansard source
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I thank the Home Secretary for her statement, and for changing her mind on the need for a national inquiry. She has had the Casey report for the past 10 days. Could she lay out what evidence in that report was most persuasive in changing her mind, or, if she reached that conclusion independent of the report, which factors led her to do so?
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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I thank the hon. Member for his intervention. Of course, these are difficult things to disentangle. People will say, “You would say this, wouldn’t you, Ben?”, but we should get the person in front of a psychiatrist or a clinical nurse specialist working in psychiatry. This is what psychiatry does; this is what it is about. That is why I tabled amendments to ensure that the person is put in front of a psychiatrist as part of the process to deal with the blind spot. [ Interruption. ] Apologies, Madam Deputy Speaker; I will finish now. My amendment would ensure that the code of practice clarifies the interaction with services.
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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Will the hon. Lady give way on that point?
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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Before I come to the substantive part of my speech, I would like to pick up on the comments of the hon. Member for North Warwickshire and Bedworth (Rachel Taylor). I have signed the amendments tabled by my right hon. Friend the Member for Salisbury (John Glen). I support them because I think the panel needs strengthening. It is not the case that courts have to be adversarial. Tribunals are set up to be inquisitive. In fact, the mental health tribunal is set up to be inquisitive. That is why, in Committee, I tabled amendments to use a tribunal panel as the mechanism for scrutinising decision making. It has been a real pleasure to listen to the debate, particularly in relation to the prohibition of advertising, because the debate started to move to focus on the issue of suicide promotion and prevention. I have been quite concerned from the beginning that that has not been part of what we have been talking about. Duties to prevent suicide—whether they be doctors’ duties under article 2 of the European convention on human rights, the NHS’s clinical duties around suicide prevention, or duties relating to the Mental Health Act 1983—are a blind spot in the Bill. The reason why the issue has not been focused on until now is that the Bill has been framed as the assisted dying Bill, as opposed to the assisted suicide Bill. I blame myself in part for that, because I started by called it physician-assisted suicide, but then I started using the term “assisted dying” because it was in common parlance and it was what everyone was using. The problem is that it frames it as something else. It frames it as reducing the dying process as opposed to what it is, which is an act to end somebody’s life. That is why the Bill amends the Suicide Act, and it is why I have tabled similar amendments on how it is conceptualised.
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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I think I am pushing it. I tried to intervene on the hon. Member for Spen Valley (Kim Leadbeater) to ask what she thinks about that. She is welcome to intervene on me now if she has further points to add. Otherwise, I ask the Minister to address those points.
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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Will the hon. Lady give way?
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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Will the hon. Lady give way?
- 13 Jun 2025 · Terminally Ill Adults (End of Life) Bill · Hansard source
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I thank the hon. Member for her intervention. Of course there are situations in which a decision to end one’s life is perfectly understandable—indeed, rational. I spent my career looking after people, many of whom presented to me and to medical services with thoughts about wanting to end their life. Many of them had mental illness. Some had terminal illness. The fundamental problem with the Bill is that it has a complete blind spot for those people who are highly vulnerable. It is scandalous that we have got to this point and are still having a debate about the core concepts. The Bill should have been dealt with properly from the start with a royal commission or a review so that we did not get to the point where we are still debating core principles on Report.
- 11 Jun 2025 · Spending Review 2025 · Hansard source
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What is most interesting about the spending review is what is not mentioned: there is no mention of the River Thames scheme, no mention of our rivers, no mention of the Animal and Plant Health Agency in New Haw, and no mention of improvements to rail, despite the nationalisation of South Western Railway. In fact, there is almost no mention at all of the south-east, despite the Chancellor saying that this a spending review for the whole UK. However, she has effectively confirmed the third runway at Heathrow, despite there being no local engagement. May I invite the Chancellor to come to Runnymede and Weybridge to meet people and see if their priorities are indeed hers, as she claims?
- 10 Jun 2025 · Data (Use and Access) Bill [Lords] · Hansard source
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Thank you, Madam Deputy Speaker. As I said, this is clearly a tricky area to legislate—I have said that at the Dispatch Box and in Committee many times—but what is not helping is the uncertainty that has been created throughout the debate, whether it is the position of copyright law, preferred third options or the status of opt-out, which is how we got into this pickle in the first place.
- 10 Jun 2025 · Data (Use and Access) Bill [Lords] · Hansard source
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It feels like we are going from “Groundhog Day” to “Lost in Translation” because the Government clearly are not getting the message. Today I will try something different and tell the House a story—the story of this debate: A story was read in the deep dark wood, AI saw the book, and the book looked good. “Where are you heading to, original tome? Come here with me, and I’ll give you a home.” “That’s awfully sweet of you, but no, I’m meeting my author, and they say where I go. Now I like you, and I don’t want to cause strife But they made me with love and words shaped by life. So if we’re to partner, please do ask them first, To not would be naughty,” he said with lips pursed. Perhaps I owe Julia Donaldson an apology, while also thanking her for the national treasure that is “The Gruffalo”—I look forward to the third book in the series. We did not use AI, which was useless, to draft it, just the skills of one of my team members Jacqui Gracey—human skill, talent and transparency over sources and work. Transparency is fundamental to protect creative endeavours. No one can doubt that the Minister has done his best to demonstrate the enduring nature of the creative spirit in the face of adversity and to avoid committing to a timescale and to legislating on transparency. This week, it is a new parliamentary working group. Last week, it was reviews. Next week, it may even be a citizens’ assembly, but the creative industries are not buying it. Our noble colleagues in the other place are not buying it. Members of Opposition parties, and indeed some Members on his own Benches, are not buying it. They are not buying it because the Government have lost the confidence of their stakeholders that they would bring forward legislation to enact effective and proportionate transparency requirements for AI models in the use of their creative content—AI companies need to buy it. It is this loss of confidence in the Government’s will to take decisive action that means that nothing short of a commitment to bring forward legislation will be enough to allay the fears of the creative industries.
- 10 Jun 2025 · Data (Use and Access) Bill [Lords] · Hansard source
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I thank the Chair of the Select Committee, who is also trying to break us out of the groundhog day that we seem to have found ourselves in. The Lords amendment does not fetter the Government’s policy options, nor does it prescribe how proportionate transparency should be achieved. It simply puts a line in the sand for the Government to act on this hugely important issue. To return to the AI and the Gruffalo, So on went the story through the deep dark wood To be loved by its readers, as a good book should. Yet the AI pondered, as it wanted it now. “I’ll simply just scrape it”, the AI did avow. When he was musing, he stumbled across The author reclining on a patch of green moss. They had glasses and notebooks and ideas galore. They had printed five books, but were working on more. Their eyes came to meet—they were in for a fight. Both wanted the story, but who was right? The answer is both, if reasonably sought For content, not stolen, but licensed or bought. Be clear what you’re taking, be transparent and true, And recognise the content and its real value. Then there’s no monster nor bad guy, just an allegorical rhyme And a plea to listen and take action in time.
- 10 Jun 2025 · Data (Use and Access) Bill [Lords] · Hansard source
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What the last Government did not do is release a consultation that had a ministerial foreword to say that the position of copyright was uncertain. What they did not do was say their preferred option was opt-out, which spooked the creative industry and caused all these problems in the first place. It is this Government’s ham-fisted approach that caused so many of the problems that they are now trying and failing to fix. The Government have played a large part in creating this problem.
- 3 Jun 2025 · Data (Use and Access) Bill [Lords] · Hansard source
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Back again, and it feels a bit like groundhog day. I must confess that I am a Bill Murray fan, and I think “Groundhog Day” is a great movie. However, I realise that some Members on both sides of the House may not have been born when it was released, which makes me feel a little old, so I will explain a little of the plot. A weatherman set in his ways is sent to a town in Pennsylvania to report on groundhog day, and finds himself in a time loop in which he lives the same day over and over again. In due course, that leads to despair, but eventually he learns that this gives him the opportunity to learn from his mistakes—the time loops can be seen as a blessing or an opportunity, not a curse—and through this he grows, develops and changes. He then breaks out of the time loop to live happily ever after. We will be stuck in groundhog day on this Bill until the Government realise that the Lords amendments are not a nuisance, but an opportunity, and that they need to listen to the concerns and change course. The noble Lords in the House in which this Bill started have made clear the risk to creatives from AI companies taking their data, and the importance of fairness and transparency. We on the Opposition Benches and Members on both sides of the House have raised similar concerns, but we do not have the numbers yet. In Parliament, it is not sufficient to win the vote; it is also necessary to win the argument, and the Government have lost this argument. Copyright law is a toothless instrument if the lack of transparency about the use of creative content in AI models continues. The lack of transparency renders the enforcement of rights elusive, and the Government are apparently happy for this to persist on an open-ended basis. While the Government’s direction of travel remains uncertain, everyone loses out. Creatives continue to lose out when their work is exploited without payment. Firms in the AI industry, especially smaller ones, cannot get out of the starting blocks, let alone play their part in turbocharging our tech economy. The Government continue to risk the confidence of both these key industries, with the chilling effect on investment that this entails. Of course, we are sensitive to the constitutional principles, and noble Lords were very mindful of that topic in their speeches in the other place. The Minister is right that it is almost unprecedented for the other place to return to a Bill so many times. However, rather than use this as a reason to try to push through the Bill, the Government need to listen to that evidence of the strength of feeling. We all know that the Government will have to respond to these concerns, and their position will have to change. I would love to end this speech with a literary quote suited to the substance of the debate, and I envy the Minister’s ability always to bring flair to our discussions across the Dispatch Box. Instead, I will fall back on a political one from the 38th American President, Gerald Ford: “Compromise is the oil that makes governments go.” The Government should meet the Lords on the compromise they have offered, put oil in the engines of our creative and AI industries, and bring an end to this groundhog day.
- 3 Jun 2025 · Thames Water · Hansard source
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I thank the Secretary of State for his comments on continuity of service, which will provide some reassurance to my constituents. Thames Water has failed my constituents time and again; clearly, it needs investment. What is he doing to ensure that there is the confidence to invest in our water sector?
- 22 May 2025 · Data (Use and Access) Bill [Lords] · Hansard source
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As hon. Members know, the substance of this Bill began with the previous Government, in recognition of the need to streamline and harness the use of data to grow the economy and drive improvement in the delivery of public services. As I have said before, when the Bill started its life, most of us had no idea that it would become the vehicle for addressing some of the most important social and technological issues of our time. Although I welcome the huge benefits that the Bill will bring to the economy and public services when it comes into force, I fear that it will go down on the Government’s record as the Bill of missed opportunities. It is a missed opportunity to fix our flawed public data sets, which present a barrier to tracking and tackling inequalities in areas such as women’s health; a missed opportunity to commit to a review of protections for children in their use of social media platforms, and to taking action to increase those protections where the evidence shows there is good reason to do so; and a missed opportunity to provide much-needed certainty to two of our key growth industries, the creative and AI sectors, on how they can interact to promote their mutual growth and flourishing. It could be seen as somewhat dispiriting to be back at the Dispatch Box again, having the debate on copyright and AI with the Department’s ministerial team, but I see that there has been an upgrade since our last outing at the Dispatch Box. I pay tribute to the Secretary of State for his tone and his approach to this debate, particularly his recognition of previous mistakes made. As politicians, we do not say sorry often enough, or recognise mistakes or where we would have wanted things to go better. I appreciate the statements he has made from the Dispatch Box, but the fact that we are here is testament to the determination and sincere concern of Members of both Houses. Whatever Benches they sit on, they are deeply concerned that we must not miss this opportunity to find a solution to such a significant challenge. Our colleagues in the other place have spoken about their commitment to the primacy of this House, and their reticence to delay the passage of this Bill any further than is absolutely necessary. Their resolve demonstrates the importance of this issue to Members of both Houses and the stakeholders they represent. The Government have spoken repeatedly of their commitment to protecting the creative industries, but their actions are still yet to match their rhetoric. It appears that “reviews” have today been upgraded to “working groups.” Many excuses have been made for why the Government feel unable to act now. Baroness Kidron and other noble Lords have acted in good faith on the Government’s stated concerns, and have sought to address them in the latest iteration of their transparency amendment on copyright and AI. Lords amendment 49D would provide the Government with flexibility to put in place proportionate regulations on the transparency of AI enterprises by reference to their size. Importantly, it would allow a reasonable timeframe for the Government to complete their review of responses to their consultation, which concluded in February, before the Secretary of State is compelled to lay draft transparency regulations before Parliament. For the third time, an amendment on this topic received the overwhelming support of Members in the other place, and the debate at the last round showed that the strength of feeling is mirrored in this House. Amendment 49D is a balanced clause that would put in place a much-needed long-stop date to provide the certainty that creatives and the technology industries alike have been calling for. As the hon. Member for East Thanet (Ms Billington) suggested, it is a backstop. The Government have run out of excuses for failing to act. Today we have an opportunity to achieve something relatively rare in our political climate: creating effective, balanced legislation based on cross-party compromise. It is important to public confidence in Government to show that we can put sound principles above politics when the overwhelming need arises. The Government have another opportunity today; let us make sure that it is not another missed one.
- 19 May 2025 · Mental Health Bill [Lords] · Hansard source
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I thank the hon. Lady for her intervention. Sensory over-stimulation can be a particular issue for those with autistic spectrum disorders. I have been concerned when I have looked after patients, and I have thought carefully about the challenges, particularly in general adult wards, of catering to the needs of people with autistic spectrum disorders or a learning disability. I would argue that that would apply broadly to anyone in a general adult hospital, irrespective of diagnosis—everyone has particular needs and sensitivities and we need to be mindful of that. I suspect this is something that the hon. Lady and I will disagree on, but I would consider an autistic spectrum disorder and a learning disability to be a mental disorder. It certainly is under the ICD-10 classification of mental and behavioural disorders. One problem with how this issue is framed in the Bill is, for example, where Rett disorder, which is also a pervasive developmental disorder, would come into it. Does it come under the term “autistic”? Where does a not otherwise specified pervasive developmental disorder come into it? I am not sure whether how the terms in the Bill will operate in real life has been thought through. I do not understand why we are not pushing for such a provision for every disorder and condition that people have when they come into hospital. That is why we are not focused on something like a treatability test, or otherwise. This has a specific real-life fall-out. If people need to be in hospital after 28 days and there is a deprivation of liberty, that is going to happen. It will not stop happening; with the best will in the world, and even with this Bill, it will keep on happening. People will either be detained under liberty protection safeguards, or they will end up being detained with anxiety related to their ASD or learning disability, which would place them within scope of the Mental Health Act. A further challenge and disparity in the Bill is that it does not affect forensic provisions. People could be keener to pursue a criminal prosecution of people with ASD or an LD because that would enable a longer stay in detention than 28 days. That is why in the pre-legislative scrutiny we suggested that there should be an option to get a pre-authorisation for detention beyond 28 days by going to a tribunal, which we thought might deal with some of the concerns raised. Personally, I like the idea of pre-authorisation in general beyond 28 days, and it is something that Professor Richardson spoke about in her review back in the late ’90s. The Government recognise that there are challenges with this area, which is why these changes are in the schedules. There is a recognition that, frankly, this is not workable, and we will see as the Bill progresses that there are broader concerns about how it operates. Another area of concern is nominated persons and parental responsibility. The Bill changes “nearest relative” to a “nominated person”, which means that people can choose who performs that important role under the 1983 Act. The nearest relative or nominated person can discharge someone from the powers of the Act, which would inevitably mean that they would be discharged from hospital—there are powers to bar people, but it is quite a high threshold. This measure is important because it will allow someone under the age of 18 to choose someone who is not their parent to have that important statutory power. We raised this issue in the pre-legislative scrutiny Committee. We could have a situation in which a 16-year-old with competence who is detained under the 1983 Act in hospital chooses their mate, or somebody else—not their parent or someone with parental responsibility—to have the power to discharge them from measures under the Act, which would inevitably mean them leaving hospital. The parent, who in such situations is often responsible in some way for the after care, would lose that power. I am concerned, as were the Lords, about the impact of that measure on the Children Act 1989. I think there is a serious problem in changing this area of law—we do not have this in physical health—and introducing the ability to give a statutory power to a non-parent. I know the Minister will look into that in the Bill Committee, but I think the Government will have to row back on that. They could easily amend the Bill to say that if someone is under the age of 16, the nominated person must have parental responsibility unless there is a good reason for them not to have it. Sixteen and 17-year-olds are a bit different, especially when people start getting close to 18 and there are other children’s rights, but I cannot see why we should legislate to let someone under 16 choose someone who does not have parental responsibility to have that important power. The third problem is that the Bill is silent on deprivations of liberty in A&E, which are ongoing. It has been a while since I worked in A&E, but there has always been the challenge of what to do with someone who turns up to A&E if the doctor thinks that they will probably need detaining under the Mental Health Act because they are suicidal or very unwell, and wants to keep them there while the assessment takes place. We can get through it using the Mental Capacity Act 2005, but it is messy. It would be a lot clearer for everybody if we said, for example, that section 5(2) of the 1983 Act, which allows for temporary detention, could apply to an A&E setting. There is a bunch of technical stuff about the interaction between deprivation of liberty and the Mental Capacity Act, but I suspect you will start giving me the evil eye, Madam Deputy Speaker, and telling me to move on if I start— [ Interruption. ] Madam Deputy Speaker says no, but I suspect that Members across the House might start doing that, so I will move on. Let me flag two things in the Bill. It allows for a discharge from hospital under supervised conditional discharge to a deprivation of liberty. That is in response to the case of Secretary of State for Justice v. MM, which involves a problem with how the law currently operates. As far as I know, in mental health law we have never had a situation where deprivations of liberty in the community were authorised under the Mental Health Act—someone had to be in a registered hospital. That is a big Rubicon to cross. I see why the Government need to tidy up this area of law, but I am not convinced that we have realised what a big Rubicon this is to cross. The operation of the Mental Health Act has always meant that someone was detained in hospital, but when they are in the community they are in the community. Someone might have certain restrictions placed on them by a community treatment order, or otherwise, but they are not deprived of their liberty in their home or in some other community setting that is not a registered medical hospital. I think that measure needs a bit more reflection. I believe that the majority of those who will undergo compulsory treatment under detention, certainly for a long period of time, under this legislation will be people with psychosis, such as schizophrenic forms of psychosis, schizophrenia and bipolar affective disorder, but lot of the debate and focus has been on non-psychotic illnesses. That is not to say that those illnesses are less important—they are certainly not less important, especially for those who experience them—but I am concerned that people with schizophrenia always get a raw deal. They are often marginalised by society and in terms of the amount of advocacy they have. In fact, a lot of the evidence that we reviewed in the pre-legislative scrutiny Committee focused on non-psychotic disorders, perhaps because sadly people often turn their backs on people with psychotic illnesses. Sometimes those people find themselves in a situation where their illness is so debilitating that they cannot advocate for themselves, so there tends to be a bias towards disorders such as dementia, ASD and LD, where there is someone to advocate, such as CAMHS or families who might push a little bit more. I am not saying that any condition is more important—I really want to stress that—but as parliamentarians, we do not necessarily understand that the bulk of the conditions that the Bill focuses on concern psychosis. Finally, I have spoken a lot about how psychosis can lead to people being detained in hospital and about the impact of that. Psychosis is a pretty terrible disease but it does not need to be: lots of people get better and it is one of the most treatable diseases. The Bill will help people to get better and we cannot lose sight of that.
- 19 May 2025 · Mental Health Bill [Lords] · Hansard source
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I appreciate the hon. Member giving way. There is a logical inconsistency, which is that people with autism and learning disability are looked after under mental health services for autism and learning disability. If the argument is, “Well, those conditions should not be within the scope of Mental Health Act”, one could make an argument that they should not be within scope of mental health services full stop.
- 19 May 2025 · Mental Health Bill [Lords] · Hansard source
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The hon. Member is of course very knowledgeable given his background as a mental health nurse. I would like to see in the Bill a provision setting out that, in order to detain someone for the purposes of health or safety, they must lack decision-making capacity for the detention to be authorised. For the prevention of harm to others, there are reasons to overcome autonomy in decision-making capacity, but I would like to see an additional component specifying that if the detention for assessment and treatment in hospital is purely based on health and safety and not on risk of harm to others, the patient must also lack capacity. Otherwise, people who have full and intact decision-making capacity can nevertheless come into the scope of the powers. The liberty protection safeguards are a bit of a mess, quite frankly, and the DoLS were clearly a substantial mess. It is interesting that the legislative scrutiny of the Bill points out that it is a missed opportunity not to tidy up some of the interface between the Mental Health Act and the Mental Capacity Act—a point that I will come to a little later in my speech. In terms of parity of esteem, bringing forward fusion law and gelling the Acts closer together needs to be the direction of travel. I hope that we do not have to waste another 20 years until we get the opportunity something like that. There is something else that we need to reflect on. It comes to my other points about the focus in the Bill, but I will reiterate it. The core focus of the Bill is on reducing detentions of people from black and minority ethnic groups, who are over-represented in detention. One of the key focuses in fixing that must be on socioeconomic deprivation—where we see socioeconomic deprivation, we see severe mental disorder following—but I worry that the Bill is a missed opportunity and will not do what is required to deal with those disparities. There are three problems with the Bill, and two things that I wish to flag. I am sensitive to the concerns that have been raised about people with autistic spectrum disorders and learning disabilities, and the advocacy regarding such people being in hospital. Being in a general adult ward is a challenging environment as it is, and it is particularly challenging for someone with an ASD or a learning disability. People can get stuck in hospital not really going anywhere. That concern applies to most disorders—I do not think it is unique, given the lack of community support services. I disagree, however, with the focus on ASD and LD above all other conditions. If we want to talk about non-progressive conditions, I do not understand why a brain injury, or Korsakoff’s dementia for example, are not within the scope of this measure. I do not understand why, rather than using the Bill to take people out of section 3 of the Mental Health Act, something like a bolstered treatability test is not used, which is what was in the Act before it was modified in 2007.
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