Dr Ben Spencer
MP for Runnymede and Weybridge · Conservative · United Kingdom
“However, her former partner requested that the DNA sample be taken at Woodlawn medical centre, a location that was not on Cellmark’s approved list of collection sites. Despite that, the testing kit was sent there.”
“Subsequent investigations by the Department for Work and Pensions and the police confirmed what had happened. An employee of Woodlawn medical centre, Robert Patel, had conspired with Mr Brown and tampered with the DNA testing process. Both Mr Brown and Mr Patel were subsequently convicted and sentenced to prison for fraud.”
“I would like to raise a deeply troubling case that highlights serious concerns about the integrity of DNA testing within the Child Maintenance Service and questions surrounding the existing safeguards in place to protect families.”
“Most importantly, what lessons have been learned to ensure that no other parent or child has to endure the same ordeal? People need to have confidence in paternity testing, whether in child maintenance or other forensic uses. The chain of evidence needs to be secure.”
“The A244 has always had too much traffic and too many heavy goods vehicles on it. It goes through Oxshott in my constituency, and following the roadworks on the M25 and A3, increasing numbers of cars and large vehicles are using it as a shortcut between the A3 and the M25. We need that to stop.”
“I start by thanking the Chair of the Science, Innovation and Technology Committee and its entire membership for the publication of a very interesting and timely report. Business, academia and the whole tech sector needs clarity, in some ways more than anything else.”
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“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.”
“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.”
“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.”
“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.”
“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.”
“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.”
“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.”