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The Parliamentary Under-Secretary of State for Health (Dr. Stephen Ladyman): Over the past seven years, the Government have committed themselves to supporting carers—not just those who undertake the role full time, but those who, as well as caring, wish to work or engage in the activities that other people enjoy. I am delighted to have the opportunity today to add my
 
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support—and that of the Government—to the Bill. In introducing it, my hon. Friend the Member for Aberavon (Dr. Francis) has reinforced the importance of recognising caring and has done carers everywhere a great service. His guidance of the Bill through its various stages has been exemplary: he and his constituents can be proud of what he has done in bringing it before the House.

I also want to acknowledge the contribution of others. The hon. Member for Wycombe (Mr. Goodman) has been unflagging in his support for the principles of the Bill. In his contribution, he said that I had been able to persuade the Committee to make the necessary amendments. He knows that with private Members' Bills it is not possible for a Minister—even one with my great powers of persuasion—to persuade a Committee to change unless he is pushing at an open door. The hon. Gentleman and other members of the Committee were very much open to the suggestions that I put to them. Their contributions and their willingness to work with the Government helped to produce the amendments that have made the Bill acceptable to the Government.

The hon. Member for Sutton and Cheam (Mr. Burstow) offered similar support from the Liberal Democrats, and I am grateful for his suggestions.

I am also grateful for the support of the Ulster Unionists, and the words of the hon. Member for East Antrim (Mr. Beggs). I am grateful for the work of the whole Committee, and the approach that it took. My hon. Friend the Member for Monmouth (Mr. Edwards) was unflagging in his support, and my right hon. Friend the Member for Coatbridge and Chryston (Mr. Clarke) has been tireless in his work for carers. I was grateful to him for mentioning Lord Pendry of Stalybridge—Tom Pendry—as we are building on Tom's foundations. I thank Tom for all the work he did for carers when he was in this House. I have to be grateful to him, because he has invited me to his birthday party, which I am very much looking forward to.

Carers UK and other carers' organisations should be congratulated on their work and the support that they have given to my hon. Friend the Member for Aberavon, as well as their support for carers generally and their approach to working with the Government. Those who lobby for carers will criticise when necessary, but always constructively. They are always willing to work with us to find the best and most practical way forward.

There is a group of people that nobody has mentioned so far, but which has been essential to getting the Bill to this stage: the officials at the Department of Health. When my hon. Friend first presented the Bill and it was brought to me in my office, they explained it to me and, following our discussions, asked whether I wanted the Bill. I said yes, and since that moment they have worked tirelessly to ensure that the Bill was properly researched, the law was properly investigated and the amendments be crafted appropriately.

Mr. Edwards: I wonder whether, if a Member of Parliament or an official asked him, my hon. Friend would support a Bill called the Young Carers (Services and Recognition) Bill?

Dr. Ladyman: There are elements of this Bill that impact on young carers, I am glad to say, and were
 
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anyone to suggest such a Bill, I am sure, although I cannot give a commitment today, that the Government would welcome it and be co-operative, if at all possible. If my hon. Friend one day gets the opportunity to enter the select club referred to by the hon. Member for Wycombe, perhaps that is the Bill that will emerge. I hope that I will still be a Minister then, and in a position to help.

The Government recognise that caring can affect both the health and the financial status of carers and their families. Access to employment opportunities helps maintain both financial security and self-confidence. Training and education enable people to return to work when they want to, or to work flexibly, according to their needs. Access to leisure opportunities gives carers time to themselves, to recharge their batteries. They are as entitled to such benefits as anyone else. Put simply, they have earned them.

We appreciate, however, that though much has been achieved through legislation and our policy initiatives to date, there is more to be done. With that in mind, we worked closely with my hon. Friend the Member for Aberavon to ensure that his Bill is one that we can unequivocally support, not only on the merits of its intentions but as a viable piece of legislation that will make a difference to the lives of the 5.9 million carers in this country.

The House will recall that I was explicit in my concerns on Second Reading about the Bill as then drafted: principally, that it did not fulfil the fundamental requirements of any new legislation, in that it did not fit in the framework of the modernisation of public services; did not complement existing laws in its substance and approach; and was unlikely to deliver real and concrete changes for carers without placing disproportionate burdens on local councils.

My hon. Friend and I agreed to work together to fix those defects, and following consideration in Committee, and with the help of all parties, I am happy to say that the Bill has been amended to remove the aspects that caused the Government concern. The original Bill had wide-ranging scope, and although the goal of changing local authorities' attitudes to carers is compelling, it should be done only through clear legislation that is feasible to implement, and that is what the Bill now offers.

Furthermore, the original Bill would have meant that through community strategies central Government would have been dictating the form and content of local plans. We have ensured instead with the amended Bill that we continue to uphold the concept that local autonomy and decision making are key in enabling public services to respond to individual needs.

Much more importantly, however, I am pleased to say that the Bill was significantly amended in Committee to ensure that it provides real changes for carers. While fulfilling the majority of my hon. Friend's intentions, it now delivers in a manner that makes clear to councils what they are required to do and is not subject to misinterpretation.

Clause 1 now introduces new provisions to the Carers (Recognition and Services) Act 1995 and the Carers and Disabled Children Act 2000 requiring councils to inform carers that they may be entitled to an assessment. This will ensure that carers are getting information
 
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about their rights in a more consistent way and at an appropriate time. We know that assessments are the gateway for carers to access support and services. Despite the abundance of guidance and best practice information, some carers remain unaware of their rights. It seems appropriate, therefore, that this Bill should ensure that the minority who do not routinely inform carers of their rights will now have to follow the practice of the majority who do.

Clause 2 creates a specific duty, making it clear that when carrying out assessments under the existing legislation, councils must consider the wishes of a carer to work or undertake education, training or leisure activity. It will ensure that the assessment is undertaken in a manner that understands and explores the possibility that carers should be able to participate in life beyond their caring duties and think beyond what they need to continue to care.

The Bill amends existing legislation to ensure that no authority should have difficulty in understanding what it is they are to do. This should mean that carers' lives outside caring are properly taken into account by councils. We believe that this will encourage councils to consider and support carers in accessing opportunities to engage in work, education, training and leisure alongside those who are not carers.

Clause 3 makes provision for consideration of carers in the planning process as well as providing a specific duty to consider assistance in relation to individual carers. It will promote joint working by requiring bodies, including councils and the NHS, to give due consideration to requests for help from a local authority in relation to planning and the provision of services that might assist individual carers to care and to continue to care. This means that at a strategic level social services will have a lever to influence the priorities of their partners in health and the other council departments.

We have added an additional duty in respect of co-operation. The Government feel that it is important for councils to be able to engage not only at a planning level with their partners in health and social care but also at an individual level. This is not designed to place onerous burdens on other parts of local government or on health bodies, but it gives social services an opportunity to put their case, usually a strong one, about the benefits offered in individual circumstances—something that the House will recognise is not always easy.

With respect to clause 3, serious consideration was given to the suggestion made in Committee by the hon. Member for Tiverton and Honiton (Mrs. Browning)—sadly, she is not here today—that the National Probation Service and the police should be added to the list of authorities. I have carefully consulted my colleagues in the Home Office. Both probation and police services already work closely and co-operatively with local authorities and others in a range of local statutory and non-statutory forums, where the focus is on issues of public protection or prevention of harm to the public.

While both services are happy to continue to co-operate where it would add value, we do not believe that there is a clearly identifiable role for them to play in relation to the specific duties set out in the Bill. These
 
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duties instead focus on the main authorities that can be expected to be more closely involved in services for carers. In these circumstances, we see no merit in the addition of the police service or National Probation Service to the list of approved authorities.

There is one other issue that I must bring to the attention of the House, relating to the draft directions that I provided for members of the Committee. The intention was to establish a planning mechanism at primary care trust level to ensure that local bodies recognise that they have a role in supporting carers and delivering information to them. I announced in Committee my intention that the directions should go out to public consultation as soon as possible. However, since then, discussions with the NHS have shown that the directions do not provide the key to the change in practice that we seek. I now believe that they were flawed and would not have served the intended purpose, and I apologise to the House for having inadvertently misled Members. Evidence shows that a different approach is needed to pull carers up the agenda. The focus must be on the outcome, not the process. We can better deliver on the promise to ensure that PCTs will have to consult and take into account the health needs of carers through developmental support rather than through directing them through secondary legislation. I assure the House that although we will not proceed with the directions we will pursue alternatives, and I will keep my hon. Friend the Member for Aberavon and the House fully informed.

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