Welfare Reform Bill


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Mr. Harper: The Minister is shaking his head, but in the third sitting he said that
“there has been discussion with both Scotland and Wales. We think that it is right to pilot throughout the UK, rather than just in England”.
He then went on to say that
“clearly we do not want to pilot in a situation where there are substantial waiting lists for treatment. We need to work with colleagues over the next couple of years to get to a stage at which a pilot in a Welsh or Scottish context will have some meaning and the provision of treatment will be there.”——[Official Report, Welfare Reform Public Bill Committee, 12 February 2009; c. 87, Q155.]
It sounds as though we will be running pilots over the next two years in England. Given what I said about the waiting lists in Wales and what the Under-Secretary of State for Scotland and colleagues on both sides have said about the position in Scotland, a significant period of time will probably have to elapse before it is possible to run pilots in Scotland and Wales. That may be sensible, but it would be helpful to know if that is what the Department is currently planning.
Ann McKechin: The hon. Gentleman raises a very important point. I was about to turn to the issue of the roll-out of this programme in the devolved Administrations.
We are working very closely with the devolved Administration in Wales. We appreciate that they have issues of capacity, and as in England we do not want to burden health services in a way that causes additional stress. We are still hopeful that we will be in a position at some stage—not initially, but at a later stage—to introduce the programme in Wales.
We also continue to have discussions with the Scottish Government regarding their proposals. We were initially advised that they had severe problems of capacity. They then raised objections regarding what they say is unethical, but I will come to that later when I deal with the comments made by the hon. Member for Glasgow, East. At the present time, it is clear that they do not have capacity. They do not have an anti-drugs strategy. We do not have a time scale for when they might reduce the waiting times and we do not know what percentage of extra people would be needed to assist. Therefore, we have a problem with that particular point.
John Mason: Is it not the case that the Scottish Government have indicated that they hope to have much improved times within two years?
Ann McKechin: That might well be the case. I understand that the Scottish Government initially promised a 20 per cent. increase in their manifesto. According to their justice budget, their spending is only up 14 per cent. However, if we look at the number more closely, the apparent increase is only 1.9 per cent average in real terms over the next three years. They have also failed to set up the drugs commission, which they promised. There is no target in their strategy for increasing the number of people receiving drug misuse treatment, they have dropped the previous Administration’s target of increasing the numbers in treatment by 10 per cent. and there is no target for waiting times. Unfortunately, the story there is not very positive, but we continue to work with the Scottish Government. We are surprised that they now want us to wait until the pilots have been carried out in England because they are not slow to point out that there are always differences with the devolved Administrations, which is the very reason why we want the pilots—so that we can test the provisions against the different provisions and services that are available in Scotland. I hope that they will use the opportunity to reconsider that because it would be very much in the interests of their own constituents.
Let me return to the comments made by the hon. Member for Forest of Dean. He mentioned the issue of the jobcentre staff and the type of training with which they would be engaged. The role of the personal adviser will be to judge whether there are reasonable grounds for believing a person is a problem drug user. We will be issuing guidance to staff on how to assess whether there are such reasonable grounds. We are certainly not expecting them to make any medical judgments; that must be left to specialists and will be dealt with through our contacts with the NHS. Staff will be provided with guidance on how to spot the possible signs and behaviours linked with drug misuse and it will be drawn up in conjunction with the NTA. The new Jobcentre Plus drugs co-ordinators will also have a role in raising awareness among all staff about drug misuse, including the difficulties faced by drug users in dealing with the requirements of the benefit system. Sadly, Jobcentre Plus staff are not unused to dealing with drug misusers, so they already have knowledge of that particular client group, but we want to ensure that they work closely with the Department of Health regarding awareness.
6 pm
The hon. Gentleman mentioned data protection. Any provisions regarding the sharing of information will be subject to the Human Rights Act 1998 and data protection legislation. He also asked about treatment and what it involves. Treatment will be medically determined by specialists and will be part of the rehabilitation plan, but will not be the only part of it, because we are looking at giving advice on soft skills, debt, housing and skills training, all of which might form part of the rehabilitation package. We will not force people to take invasive treatments, and their consent will be required for such treatments. If methadone is prescribed as a potential treatment for their condition, their consent will be required in relation to the standard conditions of the NHS charter.
Mr. Harper: When he gave evidence to the Committee, the Minister for Employment and Welfare Reform made it clear that the priority, in the pilots, were heroin and crack cocaine users, of whom approximately 240,000 are on benefits. Does the Department have any idea, from its research and evidence, of the kind of treatment required to get someone to a position where their problem drug use is no longer a barrier to work? The point that I am driving at is one that I alluded to earlier: does the evidence suggest that, for most heroin or crack cocaine users, the barrier to working will be substantially reduced when they use a substitute such as methadone, or do they have to be completely off drugs to work? That is not clear to me, and I wonder whether the Department has a view on that.
Ann McKechin: We appreciate that coming out of drug use can take a long time. Our aim with rehabilitation plans is to stabilise people’s condition so that they are sufficiently able to engage with labour market activity. That might mean that they are still on methadone, or are coming off it gradually, because it can take some time to come off. We will work closely with employers, through local employment partnerships, to find job opportunities and give guaranteed interviews and work placements to people who have gone through that kind of rehabilitation plan, so that there will be an outcome for them at the end of the day. People will not necessarily be totally off drugs when they re-enter the standard JSA regime.
The hon. Member for Rochdale was concerned about sharing information with the police force and probation service. Those details are still being discussed with our colleagues in the Home Office and Ministry of Justice, but the regulations will provide for information sharing that is proportionate to our aims. Many people who suffer from heroin and cocaine use will have been through the criminal justice and prison systems, and might already be in a rehabilitation programme as part of their probation programme. It is important that we have relevant and correct information from the criminal justice system to ensure that we are co-ordinated and are aware of what is happening under both the DWP and criminal justice systems.
Information from the probation service will include details of individuals who are subject to rehabilitation requirements as part of a community sentence. Such people will already be receiving drug treatment, and we will want to ensure that they are included in the programme. Information from the police is likely to include details of people who have tested positive for drug use when arrested, have been charged with offences or have been referred for a required assessment. Information from prisons will include details of people who have recently left prison. The regulations will be subject to the affirmative procedure, so Parliament will have the opportunity to consider and approve regulations before they are put in place.
Mr. Harper: On prisons, may I make a helpful point? This issue came up when I visited the progress2work operation run by Turning Point in Cardiff. Rather than simply have information about people who have recently left prison, it might help if the Department got that information in advance. One thing that has come through very clearly to me is that if there is no arrangement in place for someone’s housing and work situation as they are leaving prison, but preferably before they leave, and if they go back to where they used to live, they end up associating with the same people and quickly getting back on to drugs. That not only spoils their employment opportunities but, if they have been off drugs in prison, it can lead to their dying or becoming seriously ill. Notwithstanding concerns about information sharing, it would be better to have information from prisons before or as soon as those people leave. That would join them up with this type of programme so that they do not fall through that gap.
Ann McKechin: The hon. Gentleman raises an excellent point. It is important that people coming out of prison—particularly after a substantial period and if they have already been in a drugs programme—do not start to take the drugs available on the street, or they could be in risk of their lives. It is important that we have a system that manages to catch people so that they do not fall into holes. We need co-ordination between prison and probation services, health services, and housing agencies in terms of debt advice, because one or two issues in that package can mean the difference between someone managing to cope and someone falling through.
In terms of drug treatment, the figures show that 83 per cent. of those in treatment are recorded receiving effective treatment that has a long-term positive impact. In addition, 93 per cent. of those assessed as requiring drug treatment are able to access it within three weeks. That is critical because the scientific evidence is clear that putting people into treatment is the best possible way out of drug misuse.
The hon. Member for Rochdale involved himself in an argument that I found difficult to follow about why, if we put a piece of legislation into a health Bill, it would be different in essence—although the terminology might be the same—from one that we put into a Bill on welfare reform. He creates artificial barriers, which we are trying to take down. When someone leaves prison or hospital after taking a drug overdose, they do not necessarily distinguish between a health Bill and a welfare reform Bill; they need help, and that is what the Bill intends to provide. It is not about a punitive regime: it is about a regime that takes people off JSA standard conditions and puts them on to a treatment programme that is far more appropriate for the condition in which they are in. I hope the hon. Gentleman would welcome that.
The hon. Member for Glasgow, East mentioned the question of working with the Scottish Government. I have said that we are more than happy to work constructively with them. I bring to his attention one scheme on which we could agree. That was mentioned in yesterday’s Herald and it suggests that the Scottish Government have used the example that we are trying to use, but in the criminal justice system; it is called the persistent offenders programme.
“We then monitor how well people are doing. It is not a get-out-of-jail-free card. It’s about getting people at the right time—in that wee window when they’re ready to accept help.”
One of the applicants on the scheme said:
“Within half an hour they had sorted me out with a methadone programme and I got a worker who would come out to see me every week.”
I think members of the Committee may be somewhat perplexed that if someone has a continuous criminal record and is a drug misuser, that person has an entitlement to instant treatment. However, if someone has the misfortune of being a drug user but does not have a serial criminal record in Scotland, that person might wait up to 52 weeks for treatment care.
John Robertson (Glasgow, North-West) (Lab): When my hon. Friend next talks with her counterparts north of the border, could they look at the case she has mentioned and see if we can roll it out as another trial in England? It sounds excellent, and in a city like Glasgow we need all the help we can get.
Ann McKechin: I can confirm to my hon. Friend that I am happy to speak to the Scottish Government at any point about this particular scheme. I very much welcome that pragmatic, sensible and caring approach. That is exactly what we are trying to replicate in the welfare reform system.
John Mason: I also read the article as I came down on the train yesterday. I think it highlights this balance between compulsion and encouragement; would the hon. Lady agree? It does seem from the words she read out that there was very much an element of choice and an element of people wanting to go into these things. That is very much the emphasis. I am a wee bit disappointed by her tone; it seems combative with the Scottish Government. Would it be possible, while not throwing away the principles that the UK Government hold, that there might be a willingness to tweak things a bit in order to get on with the Scottish Government?
Finally, does the hon. Lady also agree that the point is made that people have been taken off crime—I am sure we would all agree that this is a good thing—but the danger of cutting benefits for such drug users is that we end up pushing people back into crime?
Ann McKechin: I do not know what the hon. Gentleman’s experience of police is in Glasgow, but when you get a knock at the door saying you are going to be targeted or else you will enter the rehabilitation programme, I would say that it is a strong stick, and fairly stark. However, it is clearly one that has worked.
 
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