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8.45 pm
Mr. Piara S. Khabra (Ealing, Southall): Because of the shortage of time, I shall be as brief as possible. I am grateful for the opportunity to say a few words in support of the Bill which proves that, given time, even this Government can produce legislative proposals worthy of support. I do, however, have one major criticism, and join the other hon. Members who have criticised the exclusion of people over the age of 65.
As someone who is over 65, I was disappointed to note that people over that age will be excluded from the Bill's provisions. Given that the majority of disabled people are over 65, this is blatant age discrimination by the Government, which I deplore. Age should not be a criterion for reducing payment to someone who needs to purchase care services. I hope that the Government will rethink their stance on this issue in Committee.
With the qualification about the age limit, I welcome the principle behind the Bill, as it is a significant extension of the rights of disabled persons which will enable them to exercise real control and choice in their lives. The first significant change which I predict will result from giving disabled people this economic power will be a change in the culture of the care service providers as their operation becomes more responsive to the user. That is to be welcomed, as it underlines the important principle that a disabled person can exercise his or her rights and is not merely the recipient of welfare, which, sadly, has been characteristic of some care services in the past.
As the Member of Parliament for Ealing, Southall,I represent a significant Asian population which has a different language and culture and many different needs compared to what in broad terms, is called the white population. I therefore suggest the need for care providers to be sensitive to the needs of that client group and for the councils that regulate the care providers to understand the cultural sensitivity of the population when they receive any complaints or any comments. That leads me to stress that, with the extension of what will become a market in the provision of care services, there must be strict regulation of the care service providers.
I press the Government to ensure that a properly funded regulatory system is put in place to avoid abuses by crooks or cowboy operators who are out to exploit vulnerable people. That system should be complemented by resources to enable local councils to produce information on the new arrangements so that people who are in need of community care services can choose to purchase those services, if they wish. The information should include the scope of the services available, details of the support services available to disabled persons to help them to use their new rights and details of the period in which applications are expected to be approved.
I make a plea for the guidelines to be drawn up in partnership and consultation with organisations for disabled people so that they are not produced purely by the councils, because some local authorities may be tempted to do that. When a person is unhappy about the help given by the council, there should be an appeals procedure which falls within the ambit of the existing appeal procedures and the ambit of the local government ombudsman on grounds of maladministration.
I turn now to the thorny issue of finance. The new system must not be used as a cover by the Government for a cut in the support that they give to local authorities. Any cost savings to local authorities due to user-operated commissioning procedures will be balanced, in my judgment, by the additional expenditure by local authorities on bureaucracy and support for service users, for which there is currently no financial provision.
Mrs. Maria Fyfe (Glasgow, Maryhill):
I pay tribute to the First centre for the disabled which serves the needs of men and women with disabilities in the constituency of my hon. Friend the Member for Glasgow, Springburn (Mr. Martin) and in my constituency. Both of us regularly attend the centre's annual general meeting and we assist by counting the votes in the elections for its office bearers, because we are the only people who attend who do not have a vote.
The First centre for the disabled is so called because it is the first of its kind in Scotland. If there are no such similar places in England, that is a great pity and I suggest that hon. Members visit the centre to see for themselves what excellent provision can be made. The point about the centre, and the reason why I have mentioned it in this debate, is not only that it provides a wealth of activities that may surprise anyone who does not know what can be opened up to the participation of people with disabilities, but that it was planned and campaigned for by people with disabilities in the north of Glasgow. Before they had the centre, they had nowhere to call their own. The centre is a first-class example of what people can do for themselves. It is an eye-opener and I recommend a visit to any hon. Member and a party of his or her disabled constituents. They would be made very welcome and would be inspired.
My hon. Friend the Member for Ealing, Southall(Mr. Khabra) raised the question of resources. I hope that the future of the centre is safe, because the City of Glasgow council is facing horrific cuts in its budget as a result of the Government's local government finance policies. For example, many community education centres are facing closure. It would be completely unacceptable if, after the long struggle to create the centre, there was any diminution in the services that it provides. That would be an absolute scandal, because the people whom the centre serves had so little until recently.
We should consider the general history of how this country has treated people with disabilities. For many years, needs were ignored. Then came a better period in which provision was treated as a kindness, and consideration for disabled people was the name of the game. In the past few decades, people with disabilities have campaigned for themselves and that has won dignity for them. Self-determination is the key, not only to the Bill but to any aspects of the lives of people with disabilities. The Bill should provide disabled people with wider choices--choices that we who do not have any disabilities take for granted.
In my constituency, there are a number of elderly Asians and Asians with disabilities. That creates especial difficulties for them which must be addressed by ensuring that they have access to services and that their views and needs are respected. They, too, should have the right of self-determination.
As drafted, the Bill would allow the Secretary of State to limit the groups of people who would be able to participate in the new direct payment services. The Government have stated that they do not intend to include people with learning disabilities at the start. I have read a briefing from Mencap on the subject, which rightly pointed out that it is important that people with learning disabilities have the same opportunities to benefit from the scheme as people with other disabilities. People with learning disabilities, however severe, are often capable of making choices about what they want and with whom they want to be. Obviously, they may need help to identify and manage their options, but unless people with learning disabilities are part of the process from the beginning, the potential problems, benefits and possible adjustments needed can only be guessed at.
Under the Bill, no direct payments will be made to anyone in long-term residential accommodation. That rule might seem sensible, but if it is applied inflexibly, it might inhibit the progress of young disabled people who have hopes of moving into the community and living more independently. They should be given transitional help.
The new system should not serve as a cheap or easy option for some local authorities, especially given their financial constraints, by allowing them to cut their services--particularly in remote areas. The measure should not become a means of passing responsibility for an underfunded, failing community care system to disabled people. They may be unable to manage their budgets due to inadequate funding, which could be extremely demoralising and threaten their independence.
If a disabled person wants to use direct payments to employ a care assistant, he or she should not have to assume responsibility as an employer for tax, national insurance and similar liabilities--but could be allowed to do so if he or she wished. When one considers that some
employers who undertake those responsibilities as a daily task experience difficulty, we should be cautious about imposing them on people who might otherwise never have them. Hon. Members who complete their tax returns will have some idea of the difficulties.
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