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Stalking
Ms Janet Anderson accordingly presented a Bill to make provision for a new criminal offence of stalking and for a prohibitory order with criminal sanctions against stalking; and for related purposes: And the same was read the First time; and ordered to be read a Second time upon Friday 29 March and to be printed. [Bill 78.]
Orders of the Day
Community Care (Direct Payments) Bill [Lords]
Order for Second Reading read.
5.7 pm
The Parliamentary Under-Secretary of State for Health (Mr. John Bowis): I beg to move, That the Bill be now read a Second time.
I hope that the House will allow me first to speak as the hon. Member for Battersea and to pay tribute to my predecessor but one, whose death has been announced today. Douglas Jay, more recently known as Lord Jay, represented my constituency--or most of it--for almost 40 years. Tributes will no doubt be paid for his work in government on other occasions, but today I should like to represent my constituents in saying that I know that he was held in great affection and respect in my constituency, and we shall miss him.
One of the principal aims of community care is to enable people to cope with their problems of disability or frailty so that they can remain in their own homes whenever that is feasible and sensible, and they wish to do so. Making that possible is the challenge to families, informal and formal carers, local, private, voluntary and public organisations and agencies.
Today, we are taking a further significant step down the road of responding to people's wishes and enabling them to lead as normal a life as possible. Direct payments are a natural progression in community care towards that aim, giving users more control and more choice. They put the people who need community care services in the driving seat and allow them to make important decisions about how their needs are met. We are adding dignity, independence and choice to care and support, and I believe that we shall have the support of the whole House in speeding the measure towards the statute book.
In line with our policies, local authorities have increasingly been involving the people who use community care in the planning and development of their services. Experience shows that this approach leads to more flexible and more appropriate services. We have also been listening to people who have been asking us to go further. They want to have more control over the money that is spent meeting their needs. Time and again, I have heard from people who have a disability, but also hold down a job or voluntary work and whose working lives are obstructed by the rigidity of a council service rota; or people who do not like to complain, but would really like a different range of menus from the meal service; or people who have responsible jobs, but are treated by the care workers as if they were rather tiresome and untidy children. They have no real independence, no real choice and no real dignity.
The Bill will change that. Local authorities will be able to give people in defined categories cash instead of services. Those people will be able to choose within the available resources how and when the services that they need will be provided. They will be able to decide from whom to buy services, or whom to employ to assist them in leading more independent lives, and they will manage directly the services that they receive.
Members of both Houses do not need me to extol the virtues of direct payments. I pay particular tribute to my noble Friend Lord McColl, who introduced a Bill on this matter in another place, and of course to my hon. Friend the Member for Mid-Kent (Mr. Rowe), whose Disabled Persons (Service) Bill sought to take us down this road. He and our then hon. Friend the Member for Stratford-on-Avon (Mr. Howarth) have continued to press hard for such a measure, and I am sure that they will both be pleased that we have been able to stride forward for the benefit of disabled people.
Mr. William O'Brien (Normanton):
What guidance will the Minister offer to local authorities regarding people who are receiving social benefits to ensure that those benefits are not impinged upon by the provision of direct payments? Does he intend to introduce regulations that will offer guidance on what local authorities can offer with regard to the needs of those requesting community care? Will he offer assistance on the schemes that may be adopted by local authorities?
Mr. Bowis:
The hon. Gentleman tempts me to refer to a number of matters that I shall mention later. We will produce guidance for local authorities introducing the schemes and for the people who will be seeking to manage their own affairs through direct payments. He also mentioned the benefits system, and any necessary clarification on that will be forthcoming. Our intention is that direct payments should in no way change the situation of someone receiving direct services.
Sir Andrew Bowden (Brighton, Kemptown):
The House will welcome what my hon. Friend said about the right of independent living, dignity and choice. Can he assure the House that that will apply also to people aged over 65?
Mr. Bowis:
My hon. Friend may know that our consultation on the precise eligibility criteria has just finished. One of the matters that we looked at was whether the eligibility should, in the first instance, be limited to particular categories of people. In so doing, we shall certainly consider whether passing a particular age should exclude a person from the schemes--again, I must say, in the first instance. I shall return to that point, and my hon. Friend may get a clear response later.
I was referring to the twins of the House, my hon. Friend the Member for Mid-Kent and the hon. Member for Stratford-on-Avon, who were pressing similar measures upon us. They will understand if I add that, even more importantly, the introduction of direct payments has been warmly welcomed by the people who will be most directly affected--particularly by disabled people who may receive payments, and by local authorities that may make payments.
Representatives of both groups were involved in a technical advisory group that helped us think through the issues as we worked out the details of the Bill. We are very grateful for their contribution, and look forward to drawing on their expertise again as we work on the guidance that we intend to produce. I should also like to thank all those who have responded to the consultation
exercise on the matters to be covered in both regulations and guidance. It is very important that we get the framework for direct payments right, and we are now carefully considering the responses.
Clauses 1 to 3 apply to England and Wales, while clauses 4 and 5 make corresponding provision for Scotland by adding new sections to the Social Work (Scotland) Act 1968. Clause 6 allows for this legislation to be extended to Northern Ireland by Order in Council using the negative resolution procedure. When the Bill comes into force, its power will be available to local authorities throughout the United Kingdom.
The Bill starts from the local authority's assessment of someone's needs under the existing law on community care. If it appears to the authority that someone may need community care services--whether that is a person to provide care, an adaptation, special equipment or any other service that the authority might provide--it has a duty to assess that person's needs. If it concludes that services are needed, at present it can generally either provide those services itself or purchase them from another agency. Under the provisions of the Bill, the local authority will in certain circumstances also have the option to make a direct payment to enable the individual to buy his own services.
The Bill does not impose on local authorities a duty to offer anyone direct payments instead of services. Local authorities will still have to decide the most appropriate way of meeting an individual's needs, but they will now have a new alternative to offer. Equally, no one will be forced to accept direct payments. People will be free to choose to continue to receive services instead. They could also receive a mixture of both cash and services.
Clause 1 and the Scottish equivalent in clause 4 enable the Secretary of State to specify in regulations which groups of people may receive direct payments. It makes sense to restrict the initial size of the client group for this new and largely untested development. That will enable local authorities to identify and address any initial problems while making direct payments on a limited scale, and the Government will be able to see clearly any adjustments that may be needed to the national framework. The Government think that this approach will give direct payments the greatest chance of being implemented successfully.
Mr. Archy Kirkwood (Roxburgh and Berwickshire):
The Minister will be aware of the different circumstances that apply north of the border, which is why clauses4 and 5 are needed. He will also be aware that there are circumstances where, under the 1968 Act, Scottish local authorities can already apply some of the provisions in the Bill. Will he assure us that nothing in the Bill will further restrict the provisions that already apply north of the border?
Mr. Bowis:
I shall return to the Scottish measures in a moment.
Mr. David Hinchliffe (Wakefield):
I understand that physical disability will be the initial criterion used for eligibility. Bearing it in mind that disability does not come in neat packages, can the Minister tell us whether a person who may have learning difficulties in addition to a physical disability will qualify? Clearly, a number of people will not fit neatly into the definition that the Government appear to be offering.
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