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6.44 pm

Mr. Peter Luff (Worcester): I detect a certain enthusiasm on the Opposition Benches to move quickly to a Division, so I shall be briefer than I had originally intended.

The regulations are about choice--not necessarily a particularly easy one, I acknowledge. It comes as no surprise to me to discover that new Labour is not prepared to make such difficult choices. I freely admit that I would rather that we did not have to make such a choice, but it is right to do so and I admire the straightforwardness of my hon. Friend the Minister's approach. The Government and the House often have to choose. I have supported many such difficult choices, and am delighted to do so again.

Hon. Members often have to choose in a way that upsets individual special groups. Sometimes there is a genuine disagreement about objectives, sometimes there is simply a disagreement about the means, and sometimes, as under the regulations order, we have to make difficult decisions about using public money--that means taxpayers' money--wisely. My hon. Friend the Member for Harrow, West (Mr. Hughes) explained that very clearly.

We must acknowledge that the regulations reduce the incomes of some disabled people in hospital, but we should support them for four specific reasons. First, my hon. Friend the Minister made a powerful case for the logic of avoiding double provision. Every other benefit does that and I am not persuaded that we should make an exception for this particular aspect of the disability living allowance.

Secondly, the regulations will release resources for better use elsewhere in the system. We should always try to do that, as my hon. Friend the Member for Harrow, West explained. Thirdly, the regulations are is sensitive to the particular needs of individual groups--the terminally ill in hospices, long-term cases and those with motability agreements for their wheelchairs or cars. Of course, they apply only to those whose stay in hospital exceeds four weeks.

Fourthly, and most important, the Government's general record on disability means that even if we have doubts about the regulations we should give them the benefit of the doubt. Spending on long-term sick and disabled people has quadrupled under the Government to £22 billion--virtually a quarter of the social security

5 Dec 1996 : Column 1258

budget. That is a fine record of which the Government have every right to be proud. They should be proud of the success of the disability living allowance, which although it had teething problems when it was first introduced, was introduced rapidly--unlike its predecessor the mobility allowance, which was phased in over four years--to 60 times the number of previous claimants. To govern is to choose, and I believe that this choice is right.

6.46 pm

Dr. Norman A. Godman (Greenock and Port Glasgow): Despite his promise, the Minister failed to answer my question concerning the exclusion of the Mental Welfare Commission for Scotland from consultation. I have been given an indication that he will answer the question.

In a letter that all the Scots Members of Parliament received, Dr. Dyer, the director of the Mental Welfare Commission for Scotland, said about the regulations:


In another letter, Hugh Stewart, the depute director of the Scottish Society for the Mentally Handicapped, which does very fine work for people in Scotland who suffer from learning disabilities and other mental health problems, pointed out that the Scottish Office report--the Crosby report, which was published more than 10 years ago--encouraged hospitals to find ways of spending the benefits to improve the lives of their patients. In that sense, Scotland is different from England and Wales. The Department of Social Security typically failed to consult extensively throughout Scotland, and that is a matter for profound regret.

6.48 pm

Mr. Andrew Mitchell: If I do not answer all the points made by all hon. Members, I undertake to write to them after the debate to ensure that they have full answers.

The right hon. Member for Manchester, Wythenshawe (Mr. Morris), who has a very honourable mention on these occasions for the work that he has done for disabled people, should have recognised just how many strides the Government have made in helping the disabled people whom he has described over recent years. I make that point in all sincerity.

My right hon. Friend the Member for Tonbridge and Malling (Sir J. Stanley) made several detailed points. I should like to pick up on some of them. I apologise to him if I do not pick up on them all. To some extent, those in long-stay hospitals whom he mentioned get protection at the lower rate. As he knows, 92 per cent. of long-stay patients have been in hospital for more than one year and get protection.

My right hon. Friend asked about the extent of consultation, as did the hon. Members for Rochdale (Ms Lynne) and for Greenock and Port Glasgow (Dr. Godman)--I apologise to him for not having answered his question in my opening remarks. My officials looked in detail at eight hospitals as part of

5 Dec 1996 : Column 1259

the fact-finding effort, including three in Scotland. In addition, the Department of Health and officials in the territorial Departments were consulted by Department of Social Security officials. The evidence from the Social Security Advisory Committee was consistent with the facts found by officials. Only the interpretation differed. I reiterate the point that I made in my opening remarks--this answers much of what my right hon. Friend the Member for Tonbridge and Malling said--that when mobility is part of care, recuperation and rehabilitation, it is the responsibility of the national health service.

The private agreements referred to by my hon. Friend the Member for North Thanet (Mr. Gale) and the excellent wheelchair scheme referred to by my right hon. Friend the Member for Tonbridge and Malling are being kept under careful review by my right hon. Friend the Secretary of State. He has heard what has been said tonight. The House has our undertaking on that matter. The hon. Member for Rochdale made a point about balances. Balances were an issue at one time, but, as I made clear in my answer to her, we accept that they are no longer an issue. To some extent hospitals and patients have become adept at dealing with that problem.

In a characteristically well-informed speech on a subject on which he has immense expertise, my hon. Friend the Member for Harrow, West (Mr. Hughes) paid tribute to our right hon. Friend the Member for Chelsea (Sir N. Scott). The whole House will agree with his comments.

The hon. Member for Nottingham, East (Mr. Heppell), who is a parliamentary neighbour of mine, if not quite an hon. Friend, said that this was a cost-cutting measure. I explained in some detail that that was not the case. Spending on the disability living allowance has increased enormously over the past five years. The hon. Gentleman will have noticed that those on the Opposition Front Bench were unwilling to give a commitment to replace the spending that we are discussing. If the Labour party is unwilling to make that commitment, what we have heard tonight is just political posturing and hot air.

I have visited Highbury hospital and have looked specifically at some of the cases that the hon. Member for Nottingham, East mentioned. On that visit, I heard nothing to undermine our conclusions. That is why I commend the regulations to the House.

Question put:--

The House divided: Ayes 225, Noes 233.

Division No. 28
[6.52 pm


AYES


Abbott, Ms Diane
Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Allen, Graham
Anderson, Ms Janet (Ros'dale)
Armstrong, Ms Hilary
Ashton, Joseph
Austin-Walker, John
Banks, Tony (Newham NW)
Barnes, Harry
Barron, Kevin
Battle, John
Bayley, Hugh
Bell, Stuart
Benn, Tony
Bennett, Andrew F
Benton, Joe
Bermingham, Gerald
Berry, Roger
Blunkett, David
Boateng, Paul
Bradley, Keith
Bray, Dr Jeremy
Burden, Richard
Byers, Stephen
Callaghan, Jim
Campbell, Mrs Anne (C'bridge)
Campbell, Menzies (Fife NE)
Campbell, Ronnie (Blyth V)
Campbell-Savours, D N
Canavan, Dennis
Cann, Jamie
Carlile, Alex (Montgomery)
Clapham, Michael
Clark, Dr David (S Shields)
Clelland, David
Clwyd, Mrs Ann
Cohen, Harry
Cook, Frank (Stockton N)
Corbyn, Jeremy
Corston, Ms Jean
Cousins, Jim
Cox, Tom
Cummings, John
Cunliffe, Lawrence
Cunningham, Jim (Cov'try SE)
Dafis, Cynog
Dalyell, Tam
Davies, Bryan (Oldham C)
Davies, Chris (Littleborough)
Davies, Denzil (Llanelli)
Davies, Ron (Caerphilly)
Davis, Terry (B'ham Hodge H)
Denham, John
Dixon, Don
Dobson, Frank
Dowd, Jim
Dunwoody, Mrs Gwyneth
Eastham, Ken
Etherington, Bill
Evans, John (St Helens N)
Ewing, Mrs Margaret
Faulds, Andrew
Field, Frank (Birkenhead)
Flynn, Paul
Foster, Derek
Foster, Don (Bath)
Fraser, John
Fyfe, Mrs Maria
Gapes, Mike
Garrett, John
George, Bruce
Gerrard, Neil
Gilbert, Dr John
Godman, Dr Norman A
Godsiff, Roger
Golding, Mrs Llin
Gordon, Ms Mildred
Grant, Bernie (Tottenham)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Gunnell, John
Hain, Peter
Hall, Mike
Hanson, David
Hardy, Peter
Harman, Ms Harriet
Harvey, Nick
Hattersley, Roy
Heppell, John
Hill, Keith (Streatham)
Hinchliffe, David
Hodge, Ms Margaret
Hoey, Miss Kate
Hoon, Geoffrey
Howarth, Alan (Stratf'd-on-A)
Howarth, George (Knowsley N)
Hoyle, Doug
Hughes, Kevin (Doncaster N)
Hughes, Robert (Ab'd'n N)
Hughes, Roy (Newport E)
Hughes, Simon (Southwark)
Hutton, John
Jackson, Ms Glenda (Hampst'd)
Jackson, Mrs Helen (Hillsborough)
Jamieson, David
Jenkins, Brian D (SE Staffs)
Jones, Barry (Alyn & D'side)
Jones, Jon Owen (Cardiff C)
Jones, Dr L (B'ham Selly Oak)
Jones, Martyn (Clwyd SW)
Jones, Nigel (Cheltenham)
Jowell, Ms Tessa
Kaufman, Gerald
Keen, Alan
Kennedy, Charles (Ross C & S)
Kennedy, Mrs Jane (Broadgreen)
Khabra, Piara S
Kilfoyle, Peter
Lestor, Miss Joan (Eccles)
Lewis, Terry
Litherland, Robert
Livingstone, Ken
Lloyd, Tony (Stretf'd)
Llwyd, Elfyn
Loyden, Eddie
Lynne, Ms Liz
McAllion, John
McKelvey, William
Mackinlay, Andrew
McLeish, Henry
Maclennan, Robert
McNamara, Kevin
MacShane, Denis
McWilliam, John
Madden, Max
Maddock, Mrs Diana
Mahon, Mrs Alice
Mandelson, Peter
Marek, Dr John
Marshall, David (Shettleston)
Marshall, Jim (Leicester S)
Martin, Michael J (Springburn)
Martlew, Eric
Meacher, Michael
Meale, Alan
Michie, Bill (Shef'ld Heeley)
Milburn, Alan
Miller, Andrew
Morgan, Rhodri
Morley, Elliot
Morris, Alfred (Wy'nshawe)
Morris, Ms Estelle (B'ham Yardley)
Morris, John (Aberavon)
Mudie, George
Mullin, Chris
Murphy, Paul
O'Brien, Mike (N Warks)
O'Hara, Edward
Olner, Bill
Orme, Stanley
Pickthall, Colin
Pike, Peter L
Pope, Greg
Powell, Sir Raymond (Ogmore)
Prentice, Mrs B (Lewisham E)
Prentice, Gordon (Pendle)
Prescott, John
Primarolo, Ms Dawn
Purchase, Ken
Quin, Ms Joyce
Randall, Stuart
Raynsford, Nick
Rendel, David
Robinson, Geoffrey (Cov'try NW)
Roche, Mrs Barbara
Rogers, Allan
Rooker, Jeff
Ross, William (E Lond'y)
Rowlands, Ted
Ruddock, Ms Joan
Salmond, Alex
Sedgemore, Brian
Sheerman, Barry
Sheldon, Robert
Shore, Peter
Short, Ms Clare
Simpson, Alan
Skinner, Dennis
Smith, Andrew (Oxford E)
Smith, Chris (Islington S)
Smith, Llew (Blaenau Gwent)
Snape, Peter
Soley, Clive
Spearing, Nigel
Spellar, John
Steel, Sir David
Steinberg, Gerry
Stevenson, George
Stott, Roger
Sutcliffe, Gerry
Taylor, Mrs Ann (Dewsbury)
Thompson, Jack (Wansbeck)
Thurnham, Peter
Timms, Stephen
Tipping, Paddy
Touhig, Don
Turner, Dennis
Tyler, Paul
Vaz, Keith
Walker, Sir Harold
Wallace, James
Walley, Ms Joan
Wardell, Gareth (Gower)
Wareing, Robert N
Welsh, Andrew
Wicks, Malcolm
Williams, Alan (Swansea W)
Williams, Alan W (Carmarthen)
Winnick, David
Wise, Mrs Audrey
Worthington, Tony
Wright, Dr Tony
Young, David (Bolton SE)

Tellers for the Ayes:


Ms Angela Eagle and
Mr. Clive Betts.


NOES


Ainsworth, Peter (E Surrey)
Alexander, Richard
Alison, Michael (Selby)
Allason, Rupert (Torbay)
Amess, David
Arbuthnot, James
Arnold, Jacques (Gravesham)
Ashby, David
Atkinson, David (Bour'mth E)
Atkinson, Peter (Hexham)
Batiste, Spencer
Bellingham, Henry
Beresford, Sir Paul
Biffen, John
Body, Sir Richard
Bonsor, Sir Nicholas
Booth, Hartley
Boswell, Tim
Bottomley, Peter (Eltham)
Bowden, Sir Andrew
Bowis, John
Boyson, Sir Rhodes
Brandreth, Gyles
Brazier, Julian
Brown, Michael (Brigg Cl'thorpes)
Browning, Mrs Angela
Bruce, Ian (S Dorset)
Burns, Simon
Burt, Alistair
Butler, Peter
Butterfill, John
Carlisle, John (Luton N)
Carrington, Matthew
Carttiss, Michael
Cash, William
Channon, Paul
Chapman, Sir Sydney
Clappison, James
Clarke, Kenneth (Rushcliffe)
Clifton-Brown, Geoffrey
Coe, Sebastian
Colvin, Michael
Congdon, David
Conway, Derek
Coombs, Anthony (Wyre F)
Coombs, Simon (Swindon)
Cope, Sir John
Couchman, James
Cran, James
Currie, Mrs Edwina
Curry, David
Davis, David (Boothferry)
Day, Stephen
Deva, Nirj Joseph
Devlin, Tim
Dicks, Terry
Dorrell, Stephen
Douglas-Hamilton, Lord James
Dover, Den
Dykes, Hugh
Emery, Sir Peter
Evans, David (Welwyn Hatf'ld)
Evans, Nigel (Ribble V)
Evans, Roger (Monmouth)
Evennett, David
Faber, David
Fabricant, Michael
Fenner, Dame Peggy
Field, Barry (Isle of Wight)
Fishburn, Dudley
Forman, Nigel
Forth, Eric
Fox, Dr Liam (Woodspring)
Fox, Sir Marcus (Shipley)
Freeman, Roger
French, Douglas
Fry, Sir Peter
Gale, Roger
Gallie, Phil
Gardiner, Sir George
Garnier, Edward
Gill, Christopher
Goodlad, Alastair
Goodson-Wickes, Dr Charles
Gorman, Mrs Teresa
Grant, Sir Anthony (SW Cambs)
Greenway, Harry (Ealing N)
Greenway, John (Ryedale)
Griffiths, Peter (Portsmouth N)
Grylls, Sir Michael
Gummer, John
Hague, William
Hamilton, Neil (Tatton)
Hampson, Dr Keith
Hanley, Jeremy
Hannam, Sir John
Hargreaves, Andrew
Haselhurst, Sir Alan
Hawkins, Nick
Hawksley, Warren
Hayes, Jerry
Heald, Oliver
Heathcoat-Amory, David
Hendry, Charles
Heseltine, Michael
Hicks, Sir Robert
Higgins, Sir Terence
Horam, John
Howell, Sir Ralph (N Norfolk)
Hughes, Robert G (Harrow W)
Hunt, Sir John (Ravensb'ne)
Hunter, Andrew
Jackson, Robert (Wantage)
Jessel, Toby
Johnson Smith, Sir Geoffrey
Jones, Gwilym (Cardiff N)
Jones, Robert B (W Herts)
Jopling, Michael
Key, Robert
King, Tom
Kirkhope, Timothy
Knapman, Roger
Knight, Dame Jill (Edgbaston)
Kynoch, George
Lait, Mrs Jacqui
Lamont, Norman
Lang, Ian
Lawrence, Sir Ivan
Legg, Barry
Leigh, Edward
Lennox-Boyd, Sir Mark
Lester, Sir Jim (Broxtowe)
Lidington, David
Lilley, Peter
Lloyd, Sir Peter (Fareham)
Lord, Michael
Luff, Peter
Lyell, Sir Nicholas
MacGregor, John
MacKay, Andrew
Maclean, David
McLoughlin, Patrick
McNair-Wilson, Sir Patrick
Madel, Sir David
Major, John
Malone, Gerald
Mans, Keith
Marlow, Tony
Marshall, Sir Michael (Arundel)
Martin, David (Portsmouth S)
Merchant, Piers
Mills, Iain
Mitchell, Andrew (Gedling)
Moate, Sir Roger
Montgomery, Sir Fergus
Nelson, Anthony
Neubert, Sir Michael
Newton, Tony
Nicholls, Patrick
Nicholson, David (Taunton)
Norris, Steve
Oppenheim, Phillip
Ottaway, Richard
Page, Richard
Patnick, Sir Irvine
Patten, John
Pawsey, James
Peacock, Mrs Elizabeth
Porter, David
Portillo, Michael
Rathbone, Tim
Renton, Tim
Richards, Rod
Riddick, Graham
Rifkind, Malcolm
Robathan, Andrew
Roberts, Sir Wyn
Robinson, Mark (Somerton)
Roe, Mrs Marion
Rowe, Andrew
Rumbold, Dame Angela
Sackville, Tom
Sainsbury, Sir Timothy
Shaw, David (Dover)
Shephard, Mrs Gillian
Shepherd, Sir Colin (Heref'd)
Shersby, Sir Michael
Sims, Sir Roger
Skeet, Sir Trevor
Soames, Nicholas
Speed, Sir Keith
Spencer, Sir Derek
Spicer, Sir Jim (W Dorset)
Spicer, Sir Michael (S Worcs)
Spink, Dr Robert
Spring, Richard
Sproat, Iain
Stanley, Sir John
Steen, Anthony
Stephen, Michael
Stern, Michael
Stewart, Allan
Streeter, Gary
Sumberg, David
Sweeney, Walter
Sykes, John
Tapsell, Sir Peter
Taylor, Sir Teddy
Temple-Morris, Peter
Thomason, Roy
Thompson, Sir Donald (Calder V)
Townend, John (Bridlington)
Townsend, Cyril D (Bexl'yh'th)
Trend, Michael
Vaughan, Sir Gerard
Viggers, Peter
Waldegrave, William
Walden, George
Walker, Bill (N Tayside)
Waller, Gary
Wardle, Charles (Bexhill)
Waterson, Nigel
Watts, John
Whitney, Ray
Whittingdale, John
Wiggin, Sir Jerry
Willetts, David
Wilshire, David
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macclesf'ld)
Wolfson, Mark
Yeo, Tim
Young, Sir George

Tellers for the Noes:


Mr. Bowen Wells and
Mr. Timothy Wood.

Question accordingly negatived.

5 Dec 1996 : Column 1262

5 Dec 1996 : Column 1263


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