Oral Answers to Questions

Nick Smith Excerpts

Thursday 12th December 2013 Commons Chamber

[Maria Miller]

I thank the hon. Lady for her question and commend her for that report. My officials are talking to the Equality and Human Rights Commission about the findings of the report, but I would say that the Government have no influence on the code. I am sure, however, that others who are listening will take note of her comments.

[Nick Smith (Blaenau Gwent) (Lab)]

2. What steps she is taking to prevent the resale of 2015 rugby world cup tickets by touts.

[The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mrs Helen Grant)]

We are in regular contact with the England rugby 2015 organising committee. We have provided advice on a range of options to manage the risk of ticket touting.

[Nick Smith]

Will the Minister look again at making the rugby world cup an event of national significance like the Olympics, which would mean that fans would be able to buy tickets at face value? If the Minister reconsiders, Labour would help to deliver the necessary legislation in the new year so that real fans do not get ripped off by ticket touts.

[Mrs Grant]

I believe the event will be of real national significance. It is a wonderful opportunity for people to take up rugby and to be inspired by sport. I have every confidence that tickets will be dealt with fairly and properly.

Oral Answers to Questions

Nick Smith Excerpts

Monday 2nd December 2013 Commons Chamber

[James Brokenshire]

My hon. Friend makes an important point on the need for specialist capabilities in the new national cybercrime unit, and indeed in the National Crime Agency. The NCA has established a specials programme to encourage people to volunteer to provide specialist knowledge. I do not know whether my hon. Friend, who has a strong background in IT, is making his case for being a special in the National Crime Agency, but that is certainly something that we are seeking to encourage.

[Nick Smith (Blaenau Gwent) (Lab)]

20. The Olympics were overseen by police Operation Podium to stop online criminal ticket touting. Will the Minister look into working with the Department for Culture, Media and Sport to make the rugby world cup an event of national significance, and to stop real fans being ripped off?

[James Brokenshire]

I think the hon. Gentleman will be aware that ticketing fraud has been looked at by colleagues in the Department for Culture, Media and Sport, and Operation Podium was a great success for the Metropolitan police. The economic crime unit in the National Crime Agency is very focused on combating all forms of fraud. Certainly, we will continue to reflect on the need to take firm action on all fraud, wherever it occurs.

Romanian and Bulgarian Accession

Nick Smith Excerpts

Wednesday 27th November 2013 Commons Chamber

[Mrs May]

I should make it clear to my hon. Friend that when he sees me here on Friday, it might have something to do with another private Members’ Bill that is being debated on that day. It is an important Bill that will put in place the legislation on the EU referendum, which we are clear that we should have.

[Nick Smith (Blaenau Gwent) (Lab)]

Which of the benefit changes that have been identified today will not be ready on 1 January?

[Mrs May]

I have indicated that the habitual residence test will be available from 1 January, and that the measures for those people who will be removed—[Interruption.] The hon. Gentleman asked which measures would not be ready. He can work it out for himself, because I have told him which one will be in place on 1 January.

Alcohol Strategy Consultation

Nick Smith Excerpts

Wednesday 17th July 2013 Commons Chamber

[Mr Browne]

I do not wholly agree with my hon. Friend’s conclusions. I will make three very brief points. First, I think that the measure will make a difference—I am not exaggerating its scale—by introducing VAT plus duty as the bottom threshold. Secondly, many supermarkets are taking voluntary action following the types of representations I have been talking about. Asda, for example, has removed alcohol promotions from the reception areas of its supermarkets, which some people thought were inappropriate. Thirdly, the Government reduced beer duty in the most recent statement from the Chancellor, which I hope will help pubs in my hon. Friend’s constituency and across the country.

[Nick Smith (Blaenau Gwent) (Lab)]

We know that domestic violence is often fuelled by alcohol. How will the Government’s craven climbdown on unit pricing help to keep women and children safe in their homes?

[Mr Browne]

I think that that is an offensive question. If not having a minimum unit price for alcohol meant that a Government were tacitly accepting that it was legitimate to be violent in the home, why did the previous Labour Government not introduce one? I just do not accept that. People have to make reasonable and rational decisions, and that is what we have done. We have not climbed down; we have put forward a package of measures that, as I have said, strikes the right balance between protecting people and reducing harm and protecting personal responsibility.

Home Affairs

Nick Smith Excerpts

Thursday 9th May 2013 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

I am pleased to follow my hon. Friend the Member for Llanelli (Nia Griffith), who made a good contribution about the importance of community cohesion. I want to address the need for legislative changes to safeguard elderly people in the place they call home, and comment on a scandal in south Wales.

Whether they are looked after by a public or private provider, the law should ensure that elderly people’s care is excellent, and respect their dignity, individuality and choice. Care should be delivered with professionalism and compassion. Where care standards fall short, the elderly and their families should have confidence that there will be effective sanctions and redress.

This House has rightly scrutinised the shocking scandals in Stafford hospital and the Winterbourne View care home for adults with learning disabilities. I want to highlight the disgraceful treatment in care homes for the elderly in south Wales, the full details of which have yet to reach the public domain.

Gwent has recently seen a failure to secure justice for care home residents following the collapse of serious criminal charges, which has left the families of an alleged 103 victims feeling aggrieved and abandoned. An £11.6 million investigation known as Operation Jasmine began in 2005. It produced 10,500 pieces of evidence and led police to brand the negligence discovered as “death by indifference”. However, just two convictions have been secured for wilful negligence since the start of the inquiry in 2005. It took so long to bring charges against the director of the residential care homes who was investigated that, by the time his court case was scheduled in March, Dr Das had suffered an assault, leaving him unfit for trial.

I have been speaking to the families affected by the stymied Operation Jasmine, who are still grieving over this shameful crime—a crime without punishment. The neglect and indifference in these care homes continues to appal. There are little things, such as losing a mother’s false teeth for days on end or dressing her in a neighbour’s damp or dirty clothes, and big things—the stories that chill the blood—such as the dad who challenged his family on his return to a care home, “Why have you put me here?” The same father was left curled up like a dog for hour upon hour, slowly developing pressure sores that exposed the bone underneath.

How can we use that sorry experience to inform the reform of the law of wilful neglect, to extend corporate responsibility or to reform our social care legislation? First, I want a public inquiry so that we can understand how Dr Das was able to continue running care homes despite damning reports by the inspectorate, and so that lessons can be learned.

According to a former employee, Dr Das

“would pull up in his Rolls Royce and complain they were spending too much on incontinence pads”

at his care home in Ebbw Vale in my constituency. He failed to pay care home registration fees, and paid the outstanding tax and national insurance for his staff only on the eve of a hearing on HMRC’s petition to wind up his company. He settled his gas and electricity bills only when the energy companies threatened to cut off the gas to his care homes. He failed to ensure that all staff had proper Criminal Records Bureau checks and that sufficient numbers of trained staff were available for cover. Dr Das gave false evidence to the Care Standards Tribunal, both orally and in writing, with the intention to deceive. The tribunal found that:

“Dr Das has developed an extraordinary capacity for self-delusion”.

Given the weight of the evidence compiled by Operation Jasmine, I hope that the Welsh Government or the Older People’s Commissioner for Wales will agree to an inquiry.

Secondly, we must look at the law on wilful neglect. If a patient does not die from poor care and does not have a loss of capacity under the Mental Capacity Act 2005, the guidance of the Crown Prosecution Service says that a criminal offence is difficult to identify. The Prime Minister was therefore wrong when he told me on 1 May that the criminal law was already there to deal with care home abuse. It is not.

The deputy chief constable of Gwent police, Jeff Farrar, told me today:

“The depth and quality of evidence obtained in this inquiry and the engagement throughout with expert witnesses and the CPS was substantial. And it is not only frustrating, but difficult to see how if such cases occurred in the future (where the death of an elderly person in a care home was attributed to omissions as opposed to deliberate acts) the police could ever produce sufficient evidence to reach the threshold test for charging these offences.”

Others agree with that view. The Joint Committee that scrutinised the draft Care and Support Bill recommended that organisations—not just employees—that are found to have contributed to abuse or neglect in a care setting should be liable to criminal prosecution for breach of corporate responsibility. Age UK believes that neglect should be classified as abuse, whether wilful or not, because of the difficulty of proving intention. Therefore, if someone is abused or neglected as a result of incompetence or indifference, it should still be seen as abuse.

I hope that the Government will engage with voluntary organisations and MPs of all parties to improve the legislation. Prevention is the best option and inspection procedures must be robust and transparent, but when neglect occurs, those who are responsible must be brought to justice so that everyone knows that callous and degrading care will be punished. Finally, high standards of patient care must not be sacrificed to boost personal profit, as when Dr Das enjoyed his Rolls-Royce while penny pinching and cutting the supply of incontinence pads to the residents in his homes.

Operation Jasmine (Care Home Abuse)

Nick Smith Excerpts

Wednesday 13th March 2013 Westminster Hall

[Nick Smith (Blaenau Gwent) (Lab)]

I am grateful for the opportunity to raise this issue. I speak on behalf of the alleged victims of care home abuse in south Wales and their families. This debate is timely and of great concern. This matter deserves scrutiny for my constituents, the south Wales region and, indeed, UK colleagues.

We cannot underplay the significance of Operation Jasmine. Spanning seven years, it is the biggest investigation into care home abuse ever undertaken in the UK: 75 police officers and staff worked on the case; more than 4,000 statements were taken; 10,500 exhibits were collected; 12.5 metric tonnes of documents currently lie in a Pontypool warehouse; and it cost £11.6 million, including £500,000 for 11 experts to advise the police.

[Chris Evans (Islwyn) (Lab/Co-op)]

I commend my hon. Friend and parliamentary neighbour on his efforts in this campaign, and the work of Gwent police in putting together the investigation. Is he not concerned, as I am, that the case has taken seven years and cost £11.6 million, as he mentions? At a briefing, he and I saw harrowing photographic evidence of some of the alleged abuse. Is he not worried that that situation has caused more pain and anguish to the relatives, family and friends of those who suffered the abuse?

[Nick Smith]

I thank my hon. Friend for his point. That situation has caused much pain and anguish to relatives of the victims of the alleged abuse, which is why it is important to have this debate and seek more information about what occurred.

[Paul Flynn (Newport West) (Lab)]

Is my hon. Friend concerned that in Operation Jasmine, chlorpromazine was found in the hair of three of the victims? It is an antipsychotic neuroleptic drug that is meant to be used on the deeply psychotic. The misuse and over-use of drugs to turn patients into zombies and make the home cheaper to run is a significant feature of this disgraceful affair.

[Nick Smith]

My hon. Friend makes a powerful point. All the evidence collected by the police in this long-running case must be brought to the public’s attention, so that it is open and available for them and they can form their own views about what happened.

On 1 March, at Cardiff Crown court, the key prosecution collapsed, when the director of care home owners Puretruce was deemed unfit to stand trial. Relatives have been left angry and despondent. In the meantime, the human cost has been devastating: there are 103 alleged victims, 60 of whom have died since 2005. That cannot be the lasting legacy of the inquiry, or the legacy for those who died and their families.

In a former job, I was a National Society for the Prevention of Cruelty to Children campaigner, and I saw terrible images of child abuse. The pictures that I have seen from Operation Jasmine are no less terrible. I was shown graphic photos of pressure sores that proved fatal, and of sores that were so infected that the bone beneath was visible. They were sickening, and in the words of one expert, the worst that they had ever seen.

A senior employee in one home has told me that the director sought tight control of the business. If full-time staff were off, no agency staff were brought in. Budgets were squeezed across the board, and even food and incontinence pads did not escape budget cuts. Six Puretruce care homes were investigated for alleged neglect. In my view, there was a systemic failure across many of the homes, with residents’ care being compromised. It led to what police have called “death by indifference”.

In July 2007, the director was arrested on charges covering both neglect of residents and financial irregularities, but the charges of neglect faltered as the bar for conviction was said to be very high.

[Jessica Morden (Newport East) (Lab)]

I congratulate my hon. Friend on securing this debate for the families, the police and the Health and Safety Executive who have worked so tirelessly on this case for many years. The central issue here is that proving deliberate acts of harm is relatively straightforward, but proving deliberate neglect is hard, so does he agree that that is something the Minister should consider urgently?

[Nick Smith]

I agree with my hon. Friend, and it is one of the direct questions that I intend to ask the Minister.

In 2011, the Health and Safety Executive became involved, too, in the hope that its additional evidence would be the final push over that bar. Sadly, that did not happen. Instead, the charges against the director, who had a GP practice and 26 care homes across south Wales—a profitable empire—will lie on file.

A small number of convictions have been secured in relation to the neglect of elderly people, but no one served a custodial sentence. We have to ask ourselves whether that sorry conclusion could have been avoided. MPs have been told that a change in the QC part way through the case brought a different perspective as to the likely success of the case. We know that the Crown Prosecution Service decides the charges and the standard of evidence it requires, but given the enormous quantity of evidence collected, it does beg questions about the evidence threshold, how Operation Jasmine progressed and the management of the operation. It is clear, as others have said, that local police worked very hard on this case, but the results do not match that fine effort. Was there a well founded and unified understanding between the CPS and the police about what evidence was needed?

Given that the case took seven years, did anything slow down the operation and how could such roadblocks be avoided in the future? What advice does the CPS give to the police and others investigating abuses in care, and does it have a plan for lowering the bar for prosecutions in the future? Were high-level project management tools brought to bear on this investigation from the start, and is the legal definition of “neglect” fit for purpose in cases such as this?

[Mr Andrew Smith (Oxford East) (Lab)]

I congratulate my hon. Friend and colleagues in Wales on pursuing this case on behalf of the victims and in the interests of higher standards in home care. Am I correct in my understanding that while the principal prosecution collapsed because the principal defendant was unfit to respond to the charges, the co-defendant is not in such a position and yet action is not being proceeded against him? Does my hon. Friend have anything to say about that, and would he like to put that point to the Minister and ask why that person cannot be prosecuted?

[Nick Smith]

My right hon. Friend makes a fair point. That is indeed the case, and it would be good to hear from the Minister why that prosecution was not taken forward.

I have written to the Director of Public Prosecutions to ask for some answers. He has now promised a substantive reply, but further action might be needed. We have a duty to those elderly people who have passed away, the families who are still fighting on their behalf and those with no family and with no voice. We must ensure that their story is put on the record.

The inquiry into poor care at Stafford hospital showed how important it is to record individual cases and to make the information public. I want the QC’s final opinion on the allegations in this case to be made public, and the Director of Public Prosecutions or the head of the CPS in Gwent to meet MPs and members of the victims’ action group. I want them to be joined by representatives from the police, the Health and Safety Executive and the Care and Social Services Inspectorate Wales, and I want key evidence collected for this trial to be made public.

There have been calls for a public inquiry. I need to know what criteria the Minister will bring to bear when considering such calls.

--- Later in debate ---

On resuming—

[Nick Smith]

Thank you, Mr Crausby, for allowing me to continue my speech.

There have been calls for a public inquiry. I need to know what criteria the Minister will bring to bear when considering such calls, given that this case is the biggest inquiry into care home abuse in the UK. There are 106 alleged victims, the evidence suggests that there was systemic failure and there has been no closure for the victims. These calls for a public inquiry become compelling.

The deputy chief constable of Gwent police has said:

“There is a likelihood that there are cases like this occurring every day of the week across the country”.

Staff and relatives must not be afraid to challenge care that they are worried about.

[Wayne David (Caerphilly) (Lab)]

On the issue of an inquiry, does my hon. Friend agree that one of the major problems now is that, because one of the accused is unwell and is deemed unable—at the moment—to go on trial, information cannot be provided for any kind of inquiry because there may be a trial in the future? What is absolutely essential is that we get definitive medical advice on whether or not that accused person is able to stand trial in the near future—yes or no.

[Nick Smith]

My hon. Friend makes a powerful point. We have to take this further, if we can.

[Paul Murphy (Torfaen) (Lab)]

Does my hon. Friend agree that, even if an inquiry cannot be held at this stage because of continuing investigations, the Welsh Government, who I suspect could be responsible for an inquiry, could in principle agree to one as soon as the judicial proceedings are over?

[Nick Smith]

My right hon. Friend and neighbour is an experienced parliamentarian. He may have found a route through this, so that we can get to the bottom of this issue. His point should be explored.

Staff in such cases must also be supported if they draw attention to care that does not meet agreed guidelines. A woman told me that her mother suffered pressure sores while in the care of a Puretruce home. Even though the family had visited mam every day, they were never told about these sores. They only found out when the police investigation came to their door. She said:

“Only the families now know what went on. People need to be told.”

We must not ignore the lessons of this sorry tale. We all have a responsibility to see that residents are well fed and that rooms are clean. If not, we should be asking why and those concerns should be acted on.

Many people can expect to live for nearly 80 years. As we live with conditions such as dementia for longer, many of us will see a partner or loved one, or ourselves, in a care home at some time. Across the country, hundreds of thousands of people are well cared for: their care homes will be spick and span, and their health will be a priority. But we must ensure that a gold standard of care is there for everybody. Lessons must be learned. But with all the evidence Operation Jasmine has collected, there is no doubt much more for us to learn. We must keep the spotlight on residential care, to stop further abuse behind closed doors.

Oral Answers to Questions

Nick Smith Excerpts

Monday 11th February 2013 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

T3. Mephedrone offences have increased significantly in Wales since October 2011. More girls are using it than any drug in the past, and dealing is more open than ever before. What are the Government doing to promote cross-border action between England and Wales to tackle the supply of this dangerous drug?

[The Minister of State, Home Department (Mr Jeremy Browne)]

I am extremely sorry to hear about the experiences in the hon. Gentleman’s constituency. Drug consumption overall in England and Wales is falling, and there is a lot of different statistical evidence that all points in that direction. However, I take his point that there are differing threats, and that some drugs do not fall in line with other types of drugs. I am happy to meet him if he would like to discuss what more we can do to improve the situation in his constituency.

Child Abuse Allegations (North Wales)

Nick Smith Excerpts

Tuesday 6th November 2012 Commons Chamber

[Mrs May]

The hon. Lady raises a wide issue about the way in which we treat children and young people who are in care and are the responsibility of the state. Sadly, this country has an appalling and shameful record on the way in which we have dealt with young people in care, across a range of issues. Obviously, the points that she has made will be noted by my right hon. Friend the Secretary of State for Education, under whose remit this primarily comes.

[Nick Smith (Blaenau Gwent) (Lab)]

Will the Home Secretary tell us more about the terms of reference for the appointee who is looking into whether the Waterhouse inquiry did its job? Surely these must be as wide as possible, given this dreadful case.

[Mrs May]

I am not able to give the terms of reference at this stage. Wide discussions are being held, including, as I understand it, with the Opposition, about what those terms of reference should be.

Olympics (Security)

Nick Smith Excerpts

Monday 16th July 2012 Commons Chamber

[Mrs May]

My hon. Friend, with her knowledge of the armed forces, makes a very important point. It is in the interest of our armed forces for us to give them sufficient notice of contingency arrangements. We have had to move on the 3,500 extra troops because of the lateness of the point at which G4S admitted to us that it was unable to meet its personnel needs. On the various other requirements, we have been able to give the notice to which she refers.

[Nick Smith (Blaenau Gwent) (Lab)]

What is the precise number of security personnel that G4S will now deliver for the Olympics?

[Mrs May]

We are continuing to accredit personnel for G4S and it continues to schedule personnel for the Olympic games. The precise balance of the numbers it will provide will become clear over the next few days—[Interruption.] I suggest that Opposition Members should actually look at G4S’s statements on how it is dealing with the issue and on what the problem is. The suggestion that this is a problem for the Government is not the case.

Oral Answers to Questions

Nick Smith Excerpts

Monday 21st May 2012 Commons Chamber

[Nick Herbert]

I will happily join my hon. Friend in congratulating Staffordshire police on that achievement. They, like many other forces, have seen an overall fall in crime—in their case, of 7%—despite having to make savings, and the chief constable has made a particular commitment to protect neighbourhood policing.

[Nick Smith (Blaenau Gwent) (Lab)]

Binge drinking by young people is a serious public health issue. “Men in Black 3” will be on our screens soon, and cinemas are important channels for alcohol marketing, so will the Home Secretary take the lead on more effective controls on advertising in cinemas?

[Mrs May]

The hon. Gentleman makes a very interesting point. I am not quite sure why he felt that “Men in Black 3” had to be promoted in his question, good though the first two films were. We have looked at the issue of alcohol advertising in relation to the alcohol strategy, but I will certainly take on board his point about cinemas.