Jenny Willott:
I have no idea whether the review will be published. I was commenting on the fact that the options on PIPs and DLA for the future should be
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consulted on. The Bill simply states that that will be decided in regulations, which is one reason I tabled an amendment requiring them to be subject to an affirmative resolution. The decisions will be made by regulations, which means that there is a further decision-making point. The Government will be able to publish their regulations and their intentions once they have done the information gathering and considered the funding situation across the board. At that point, I would like to see some broader involvement of people who are affected by these decisions. We will then have the information when we make a decision.
Jenny Willott: I will give way one more time.
Fiona O'Donnell: The hon. Lady is very generous in giving way. How will this review, report and gathering of information apply to the devolved Governments of the country? How can the Minister possibly influence social care policy and NHS policy in the devolved Governments?
Jenny Willott: I am afraid that I shall disappoint the hon. Lady, but that is an issue for the Minister. I do not know what discussions the Minister has had with the devolved Administrations. I am a Member of Parliament for a Welsh constituency, so the issue clearly affects my constituents, too. I am sure that some discussion is going on, but the hon. Lady can ask the Minister to respond to that question.
A number of other issues are covered by the amendments before the House and have already been raised by the hon. Member for Glasgow East (Margaret Curran), including how the Government handle fluctuating conditions and the assessment requirements for PIPs. We have had a number of debates about fluctuating conditions, not least in a Delegated Legislation Committee yesterday afternoon which was attended by many Members who are in the Chamber this afternoon. Fluctuating conditions are hard to manage in the benefits system. As has been mentioned, Professor Harrington is doing work on descriptors for the work capability assessment for fluctuating and mental health conditions and on how the assessments can be improved to take them into account. I hope that the Minister can reassure us that the Government are learning the lessons from the mistakes made in the work capability assessment and that we do not replicate them when the new PIP assessment is introduced.
Jeremy Corbyn: Will the hon. Lady give way?
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Jenny Willott: I am afraid that I will not, as I am aware that a lot of people want to speak.
I flagged up my concerns in Committee about whether there are some people for whom face-to-face assessments are not appropriate, and I was reassured by the Minister’s response, as she clearly accepted that they are not appropriate for everybody. She intends to allow Jobcentre Plus advisers discretion to consider individual cases and the Government seem to be thinking about taking the same approach to the need for ongoing face-to-face assessments. As long as there is discretion and an acceptance
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that such assessments are not appropriate for everybody, I hope that decisions will depend on the discretion and common sense of Jobcentre Plus advisers. Will the Minister reconfirm today that the Government are taking a slightly flexible approach?
The final issue that I want to flag up is that of sudden-onset conditions such as cancer, stroke or accidents, which the hon. Member for Glasgow East has mentioned. Such conditions are very different from conditions that gradually worsen. They do not give people time to adapt mentally, emotionally or financially to their new circumstances and in addition to the trauma of coping with diagnosis there are large up-front costs that start almost immediately. There might be a sudden loss of income and there is the cost of travel to and from hospital for regular treatments, as well as parking charges and new equipment that is needed. Such costs seem to be just the sort of thing that disability living allowance was designed to fund.
The change from three to six months before someone can apply for the new personal independence payment might hit those people the hardest, because they have to pay those costs so immediately up front. I understand that that group of people form a very small proportion of those who are currently on DLA—around 6%, I think—so it would not be expensive to treat them differently. There are knock-on implications for that group, as their carers will not be able to apply for carer’s allowance unless they have DLA, so both the claimant and the carer could lose income. I raised this issue in DWP questions on Monday and the Minister was kind enough to say that the Government are looking into the issue. I hope that they will look at what can be done to ameliorate the situation for that small and distinct group.
I welcome the Government’s moves to take into account concerns about the removal of the DLA mobility component, and although I welcome the decision not to push ahead with the original proposal to remove it entirely, I think the Bill leaves the door open for that to happen in future—perhaps not under this Government but under a future one—so I believe that any changes should pass through the House via affirmative resolution. I also believe that the situation needs to be monitored closely to ensure that we are protecting and enhancing the lives of some of the most vulnerable in society.
Dame Anne Begg: I suspect that many hon. Members will want to speak particularly about the removal of the higher-rate mobility allowance from residential care, so I shall not talk about that in any detail, but I think it is merely the top of a very pernicious iceberg, and the proposed amendments attempt to allay our concerns on that. This issue has captured the public imagination because it seems so grossly unfair and because people cannot understand what kind of Government would take away the independence of the, by definition, most disabled people in our community because they happen to live in a residential home or, for those whose families might lose access to an adapted vehicle, because they happen to go to a residential school.
I want to look more widely at the Government’s reasons for seeing fit to wipe away everything that was the DLA and bring in a new benefit called the personal independence payment. Let me address the Government’s analysis, or rather their argument—I should not have said analysis because part of the problem is that there
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has been no proper analysis and it is very difficult to get any data to suggest that some of what they have said is true; that might be the case for individual cases, but it is not widespread. The fact that the hon. Member for Cardiff Central (Jenny Willott) had to ask for some of those data may show that the Government lumbered into the whole area without knowing the details, and that their proposals were based on some perception of prejudice, or the need to save money, a point to which I shall return.
What were the criticisms that the Government laid at the door of DLA? They said there were no regular reassessments. That is easy to sort. We can put in regular reassessments for certain people. The Government said that too many people were getting DLA for life. Is that too much of a problem? If a person is quadriplegic after a cataclysmic accident, I am not sure they will get better. The reason many people who at present depend on DLA are so frightened by the changes is that they have an award for life; they do not have to worry about more reassessments. They have gone through assessments. They know they are profoundly disabled. Anybody looking at them can tell they are profoundly disabled, so why on earth do they yet again have to go through an assessment?
Another criticism of DLA was that some people were getting it automatically based on their condition. I challenge the Minister to tell us what it is about the condition of people who cannot feed themselves, cannot dress themselves, cannot move from one seated position to another, cannot walk or go to the toilet themselves that means they have to be assessed for their need for extra costs for care and mobility. I cannot think of a reason. Why should there not be an assumption that those individuals have their extra costs for care and mobility covered by DLA? That is what it was all about.
The Government’s main argument was that DLA was not well understood. That is not my experience from talking to people who receive DLA. It was one of the few benefits they did understand. DLA was for the extra mobility and care costs associated with disability. Compare that to the confusing rules for tax credits, or the in-work benefits or disability premiums associated with jobseeker’s allowance, employment and support allowance or incapacity benefit. We could look at contributory ESA as well. Those are confusing. The one benefit for disabled people that was clear—they knew what it was for—was disability living allowance. That is what they tell me and I am sure it is what they have told the Government. The vast majority of responses to the Government’s consultation made exactly that point: people valued DLA so greatly that they were frightened they might lose it.
Another criticism the Government have made of DLA is that the form was too long and complicated. That would be easy to sort. Make it shorter, make it less complicated and maybe put it online. There were solutions.
Those are the main criticisms of DLA that the Government have come up with, but none of them could not have been solved by some changes to the existing allowance. It did not require the sweeping away of DLA and its replacement with a new benefit, with new criteria. If the criteria were out of date, some of them could have been changed, but there was and is no need to change all of them. People who depend on DLA at present as a large part of their income are
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terrified, because they do not know what lies ahead. If the system is as bad as, according to the Government, it is at the moment, those people are worried that whatever the Government come up with will not be suitable for their needs. I have to tell the hon. Member for Cardiff Central that the previous Government did not collect data on double-funding mobility allowance in care homes, because they were not advocating the removal of DLA from that group of people.
The things that are particularly good but often forgotten about DLA include the fact that it is an in-work and out-of-work benefit. That element will become increasingly important as the Government proceed with their welfare reforms to put work obligations on people with profound disabilities. Anyone who is not assessed as being in the support group for ESA will have a work obligation. However, if those who end up in the work-related activity group find that they no longer qualify for DLA, it will be all the harder for them to find a job or to do the work-related activity that the Government expect them to do, because the extra financing to make that possible will have been removed.
The best thing about DLA was that we had for the first time in this country a benefit that followed the social model of disability, rather than the medical model. There is a worry that the clock will be turned back. The Government call their new benefit the personal independence payment, but DLA was a personal independence payment, so they did not need to change the benefit. DLA is personalised and represents what the Government say they want the benefit system to be because it is a dynamic benefit, which means that it helps people to lead an independent life by going out to work, visiting friends and doing all the things that everyone else takes for granted. Such independence includes the ability to live in the community, which can be achieved if a person can buy in care and get someone to come in to look after their care needs. All those things exist under DLA, so why is there a need to make a fundamental change to something that was not broken? Why fix something that was working reasonably well? No one would have complained if the Government had done a bit of tweaking, but such a fundamental change makes people especially worried.
The Red Book states that the Government want to cut 20% from the DLA budget. That means that the pot will be 20% smaller, but given the cost of reassessing everyone, about which we have heard today, the reduction in payments will be more than 20%, because some of the money that would have gone to disabled people so that they could live their lives will be invested into the private company that will carry out the reassessments. Given the difficulties of the ESA, there is suspicion about the accuracy of the reassessments. Even though Professor Harrington has made recommendations, there are still fears and worries about the way in which the work capability assessment is working, and disabled people’s experience of that assessment makes them especially worried about what will happen under PIP.
Fiona O'Donnell: Does my hon. Friend agree that anxiety is especially high among people with mental health problems? We have recently heard reports of a number of suicides, so we need to be able to offer people reassurance about the process.
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Dame Anne Begg: My hon. Friend is absolutely right. Perhaps I should now speak to amendments 76 and 77, which I tabled as an attempt to ensure that fluctuating conditions—mental health problems are often fluctuating conditions—are properly recognised.
Mental health organisations throughout the country are deeply concerned about clause 79, which makes provision about whether an individual will qualify for a personal independence payment. The Bill states that the question of qualification relates to whether during
“every time in the previous 6 months, it is likely that if the relevant ability had been assessed at that time that ability would have been determined to be limited”.
Mental health charities are worried that someone with a fluctuating condition would not qualify because they would have to be sufficiently ill for qualification at every point over those six months. Amendments 76 and 77 clarify that the condition would not have to be continuous throughout that time. The charities agree with the principle of monitoring a person’s condition over time rather than making a snapshot assessment—they have no problem with that. They say the latter would poorly serve individuals with fluctuating conditions. This has been especially apparent in the experience of people applying for employment and support allowance.
4.30 pm
The wording of the Bill suggests that people with fluctuating mental health problems or another fluctuating condition will not qualify if they are not consistently ill for the required length of time. Denying them support through PIP could have a detrimental effect on their health and their ability to manage their condition. This could affect the individual’s ability to stay in work if they are employed, or impede their recovery if they are not working. Also, it would not accurately capture the impact of the condition on an individual’s life. I do not intend to press my amendments to a Division—we probably have enough votes—but I want an assurance from the Minister that fluctuating conditions will be taken into account and will be recognised. That is a particular worry.
If the Government are hellbent on introducing PIP, it is important that we get it right. As I just mentioned with regard to people with mental health problems, the Government are putting new obligations on disabled people of working age. They will have work obligations. They will have to do work-related activity. If PIP is not there to act as an aid to help someone get into work, the barriers that exist for all disabled people—such as lack of access to transport, or the lack of the ability to buy in their own care that is flexible enough to allow them to go to work—become insurmountable barriers. That means that the Government will not be able to deliver on their stated aim of getting more and more disabled people into work.
It is particularly important that the right people and those with severe disabilities get PIP because, as we heard during Prime Minister’s questions today, the Government are proposing to limit contributory employment support allowance to a year. That will affect anyone who is not in the support group and who has cancer—that has been used as an example, but it could be someone in the early stages of multiple sclerosis or with a condition such as Crohn’s disease—and who is quite ill, but not terminally ill or ill enough to go into the support group, and not so disabled that anyone looking at them would say it was unfair to expect that person to work.
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Large numbers of people with conditions that are difficult to manage and make work difficult will be assessed as being able to look for work some time in the future and will therefore be in the work-related activity group. They will lose their contributory ESA after a year. I know that many such people in my constituency will not get any benefit afterwards because they will probably live in a household that has other income. That need not be a large income, but just enough to put them above income support level, which is not particularly high. There is much talk about caps on benefits, but if a household is living on income-related benefits, it does not get a lot of money. Those people do not get £26,000. They get an awful lot less than that. If somebody is earning more than £10,000, there is a good chance that they will not get any benefit.
In a constituency such as mine, which is reasonably affluent and wants people in work, there is a good chance that there will be a partner in the household who will be working. At the end of the year, the cancer patient or the person in the early stages of multiple sclerosis will lose their contributory ESA if their condition is not bad enough to put them into the support group. If that happened now, the one thing they would have is their DLA, but in future they may not have their PIP. They will have no independent income whatever. That is particularly worrying.
Even more worrying is the fact that the Government have set up an unfairness in that some people will be able to keep their contributory ESA and others will not. If someone has a cataclysmic accident and becomes quadriplegic, they will go straight into the support group. If they have worked all their life up to that point and paid their national insurance, they will get their contributory ESA, as far as I can gather, for life.
However, if someone falls out of work because they have just been diagnosed with MS that is quite far advanced but not far enough advanced to put them into the support group, they might be in the work group. Because they have MS, they might find it very difficult to get a job. That was why they fell out of their previous job and it would be difficult to get back into work. MS in its early stages can be a fluctuating condition. For the first year, that individual will receive contributory ESA, and the next year they will not because they have a working partner, but what will happen in year three or four when they are reassessed and go into the support group? Will they get their contributory ESA back? I do not think that they will, because they will not have made national insurance contributions for two years, having been out of work for that time. Perhaps the Minister could clarify that.
There is a danger in all this of setting up a two-tier system for contributory benefit, which would be particularly unfair on those with slowly degenerative diseases, who fall out of work some time before they are classified as severely disabled and before the work obligation is taken off their shoulders.
George Hollingbery: Perhaps I misunderstand the hon. Lady, but I think that I am right in saying that if those individuals are reassessed a year or two later and found to qualify for the support group, contributory ESA is no longer relevant as they will automatically be in the support group in any case. Is that right?
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Dame Anne Begg: That is exactly what I would like the Minister to clarify. I do not know whether there will be contributory ESA for those in the support group, whether it will be income related, or whether everyone will get it. If someone lives in a household with a working partner who earns £20,000 or £30,000 a year and then goes into the support group, having not worked before that and so having not made national insurance contributions in their own right, will they get any ESA? I am not sure they will, because ESA is an income replacement benefit, and of course to get such a benefit they need to have made national insurance contributions or have a low income.
Stephen Timms: My understanding is that, even though they are in the support group, if they have not met the contribution conditions they will not get the contributory benefit. Perhaps the Minister will confirm that when she responds.
Dame Anne Begg: That is my understanding also. There will be a group of people who will have paid the contributions in the two previous years and who will go straight into the support group and get to keep the benefit for life, but those with slowly degenerative diseases and those who come from better-off households will get nothing at all. It is that kind of unfairness and that sense of a two-tier system that frightens people.
Maria Miller: On a point of order, Mr Deputy Speaker. Although it is very interesting to hear about the ESA, it actually is relevant not to PIP, but to another section of the Bill.
Mr Deputy Speaker (Mr Lindsay Hoyle): I am sure that there will be a conclusion in which the two points join together. I am not taking that as a point of order.
Dame Anne Begg: My point is that if the Government take contributory ESA away from this group of people and then change the criteria so that they no longer qualify for DLA or the new PIP, those people will end up with no independent income at all. That is the connection. We cannot look at the Government’s proposals to remove DLA and introduce PIP in isolation, because they are putting disabled people under all sorts of other obligations. If we look at the benefits in isolation, we will get into trouble, and that is what leads to the fears of disabled people, because many of them, particularly those with more profound disabilities who are trying to live independently in the community, have complex funding packages that they have put together to make things work for them. They are dependent on the personal care element of DLA for their care and on housing benefit to pay for their rent; they are dependent on local government facility grants to adapt their houses; and they are dependent on the mobility element of DLA to provide them with transport or, for many of them, with cars through the Motability scheme. These are complex packages, and if the Government interfere with some of them the whole edifice could collapse. That helps to explain why there is so much fear among people with disabilities about what the Government are doing. They feel that the Government are not seeing the whole picture—that they are seeing different pieces of the jigsaw but not putting it together or looking at the impact that those pieces will have on individuals.
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Part of the problem with universal credit and with PIP is that we do not yet know the criteria, the payments or who will qualify for what, so it is impossible for individuals to sit down with all the new regulations, which nobody has seen because they have not been published, and work things out, saying, “Right, in my condition, I know I will get that, that and that, and I can add that together and that will then tell me whether I am going to be better off or worse off under the new proposals.” It is difficult to judge the situation, because we do not have that detail.
Mr Nigel Dodds (Belfast North) (DUP): The hon. Lady is doing the House a great service in teasing out the complexities, and in illustrating just exactly what is and is not known. Is not that at the root of many problems? How can we proceed with these measures when our constituents have so many unanswered questions? They have asked me, but I am unable to relay with any certainty what is going to happen to them, so surely the issues that have been raised deserve full clarification. Certainly, what has been illustrated as definitely going to happen demands that the amendments be carried.
Dame Anne Begg: Much of Monday’s debate was about the fact that the regulations for PIP, for housing benefit and for universal credit do not exist, so it is difficult to judge exactly what will happen to individuals.
There is also a fear among disabled people, because the Government sometimes take a simplistic view of what a disability might be. Disability living allowance was quite clear, because it was to cover the extra costs of disability, but one worry is that, under the PIP proposals, aids will be taken into consideration. The implication is that, if someone has an aid, they do not have the extra costs associated with their disability—that somehow the aid will miraculously take away those costs.
It has been said—the Minister did so in front of the Work and Pensions Committee—that, if a wheelchair-using Olympic athlete has a university degree, it is reasonable to place some work obligations on them. That might be the case, but being an Olympic athlete who needs a wheelchair does not take away the need for an adapted car. They still need the car, the wider parking space, to build the ramps to get into their house, the adapted shower that the local authority’s facilities grant often does not pay for, and the adapted bathroom.
In many cases, therefore, aids and adaptations do not take away the need for extra money. In fact, people with disabilities sometimes need the extra money to run some of those aids, such as an electric wheelchair and the extra costs that that entails, or an electric buggy that gets them around the shops. Rarely are such aids supplied by the NHS or, indeed, by the local authority, and DLA was such a good benefit because people could choose how they used it in order to fulfil their needs and lead an independent life.
If disabled people have work obligations placed on them, they will need extra money for travel costs. I could be as fit as possible and have the best super-duper wheelchair in the world, but with the best will in the world I am still not going to be able to get on the underground. It just will not happen, so we need to ensure that we get PIP right, and to ensure that it enables disabled people and does not hinder them.
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Disability living allowance, particularly the mobility element, acts not only as a passport but as a proxy for all sorts of other things. Local authorities and organisations such as railway companies and cinemas use an individual’s qualification for upper-rate mobility allowance as a proxy for the fact that they must be disabled and therefore qualify for a disabled railcard, a disabled cinema ticket or a blue badge—or, in my local authority, a green badge, for which we also have to pay 20 quid a year, so it is not as though we are getting it for nothing. That means that people do not have to be assessed time and again, which makes things much easier. For many people, the knowledge that they have been assessed and qualify for upper-rate mobility allowance is more valuable than the money. I would not say that the money is not important—of course it is—but access to a blue badge with reasonable ease is also incredibly valuable.
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I hope that the Government will look again at how they are introducing PIP. I will support my hon. Friends’ amendment on the withdrawal of the upper-rate mobility PIP from those in residential homes. I hope that the Minister can calm some of the fears that disabled people are experiencing. They fear that if the Government do not get this right, then instead of being able to get out of their homes and go to work, they will be stuck there and have a life that is not as fulfilling and worth while as it is at the moment.
Maria Miller: It is absolutely right that we have a serious, considered and detailed debate on the reform of one of the most important benefits that we have, not only in relation to disabled people but within the whole array of benefits. It also represents £12 billion of taxpayers’ money, so they would expect us to have a good and detailed debate.
I do not like to take issue with the hon. Member for Aberdeen South (Dame Anne Begg), not least because she is Chairman of the Select Committee—I had the pleasure of appearing before her this morning—but if it was easy to change the current system of DLA by simplifying the claim form, making it easier to understand and streamlining its administration, then I am rather surprised that the previous Government did not address those issues before. In fact, perhaps it is not I who take issue with the hon. Lady but Opposition Front Benchers, given their stated position. The right hon. Member for East Ham (Stephen Timms) has said:
“we recognise that it is right to reform the DLA and accept that it is perfectly sensible to use a medical test as the basis for assessment”.––[Official Report, Welfare Reform Public Bill Committee, 10 May 2011; c. 825.]
I have to take issue with the idea of a medical test, but the right hon. Gentleman obviously has his own reasons for saying that. The hon. Member for Glasgow East (Margaret Curran) has said:
“There is no doubt, and it has been plainly stated, that there is a case for reform. The Opposition and I are clear about that.”––[Official Report, Welfare Reform Public Bill Committee, 10 May 2011; c. 767.]
I think she said that when she was in the Scottish Parliament. [ Interruption. ] She said it recently as well. There is clearly a growing consensus on the need for reform.
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When DLA is not getting the right support to the right people and £600 million is being paid in overpayments, and there are £190 million of underpayments—hon. Members will be equally concerned about that—there is a clear need for some fundamental changes. I hope that Labour Members who are feeling shaky on the need for reform can remind themselves that their party has also called for it in the past. Perhaps the position has changed, but those on the Front Bench have certainly not indicated that today.
Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab): Will the Minister give way?
Maria Miller: I hope the right hon. Gentleman will forgive me if I do not take many interventions, because I am very conscious of the time and of the desire of Opposition Front Benchers to get through the selection list. Many questions have already been asked and I will deal with them as I go through my remarks.
Before I respond to the issues that have been raised, I will set out the three basic principles that are central to our reform. The personal independence payment will provide support for long-term needs. It is one of a wide range of benefits that are on offer. It will be based on an assessment of the impact of a health condition on an individual and their ability to lead an independent life, rather than just on the condition. Above all, it will be fair.
Amendment 43 seeks to exclude individuals from the face-to-face consultations in the new assessment process for PIP. DLA relies on a self-assessment form and I will not go through the details of why that does not work. One of my constituents had to take a four-hour course to learn how to fill out the DLA form, which shows its ineffectiveness. One of our key proposals to ensure that the benefit has a more consistent and transparent assessment is that most people will have a face-to-face consultation with a trained independent assessor. The consultation will allow the individual to play an active part in the process, rather than passively filling in a form, and put across their views on how their health condition or impairment affects their everyday life.
We recognise the importance of ensuring that the assessment process is sensitive and proportionate. The Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), has a great deal of expertise in that area from his work on the work capability assessment. Let me be absolutely clear that when it comes to PIP, some people will not be required to attend a face-to-face consultation. I was clear about that in Committee and I reiterate it now. For such people, the assessment will be carried out on the basis of evidence that has already been gathered. Such decisions will be at the discretion of the individual triaging the assessment as it goes through.
Amendment 43 would undermine one of the key principles of PIP. It would effectively label people by health condition or impairment, rather than treat them as individuals. The disability organisations with which I am working day in, day out on the development of the assessment and the overall benefit would feel that to be a step back, not a step forward. The impact of a condition can vary greatly. Under the amendment, somebody with a severe mental impairment would not
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have to have a face-to-face assessment. That is a broad category, which covers a wide range of conditions that affect people in many ways. Although we accept that not everybody who has a severe mental impairment will have to undergo a face-to-face consultation, for others it will make a great deal of sense. For that reason, I cannot accept the amendment.
I deal now with amendments 44 to 47, 76 and 77. I am grateful to the Opposition for agreeing that PIP is a long-term disability benefit, and that there should be an expectation that there will be limitations for a period of not less than 12 months. The proposed qualifying period will allow us carefully to assess someone’s ability to carry out a range of activities once their condition has settled down and potentially once the effects of treatment and rehabilitation have begun. PIP will be a valuable, universal, tax-free benefit—that is carried forward from DLA—and it will be paid irrespective of whether a person is in or out of work. I emphasise that point for the hon. Member for Islington North (Jeremy Corbyn), who conflated it with an out-of-work benefit. It is our view that the additional financial support that it brings should start only once other support mechanisms have played their part and once the financial burden becomes onerous for an individual over the long term, regardless of their income.
I can reassure Members that the Government have been listening to the arguments regarding the return to a three-month qualifying period, and we will continue to listen and talk regularly to disabled people and their representative organisations. We recognise that for some people there may be additional financial burdens at the outset, but we have to consider the matter within the ambit of the wide range of other support that is already available during the early months.
Sheila Gilmore: Will the Minister give way?
Maria Miller: Will the hon. Lady forgive me if I do not give way now? Perhaps if I do not cover her point, she can intervene on me later.
The hon. Member for Aberdeen South has tabled amendments 76 and 77, about how we treat fluctuating conditions. That is absolutely an important part of ensuring that we have a successful assessment. The use of the term “every time” in the Bill has caused some concern, I believe unnecessarily. I hope that I can allay her concerns about it.
Our approach will be to have two main components to the assessment. First, we will consider whether an individual is able to carry out an activity, and whether they are able to do so reliably, repeatedly, safely and in a timely manner. If they cannot, it will be considered that they cannot complete that activity at all.
Secondly, the assessment will not be a snapshot of any one day, as I am sure the hon. Lady would expect. It will consider an individual’s ability to carry out activities over a period of time—we suggest a year. It will consider impacts that apply for the majority of the time. We will determine whether somebody has met the required period condition by considering whether they would be likely to meet the requirements of the assessment if they were assessed at any point over the period in question, which will effectively create hypothetical assessments across that period. We envisage that the assessment will not consider the effects of a disability on just one day,
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because the same principle will apply across the whole period. That means that we will consider an extended period of time, and that we will still apply the “majority of time” test. I think she will be reassured by that. As such, individuals will be able to meet the required condition even if their disability fluctuates over the specified period. We intend to include the treatment of fluctuating conditions in the next iteration of the assessment regulations, which is due to be published in the autumn. I hope that provides some reassurance.
I turn to amendments 66, 41 and 42. We have already announced that we will not remove the mobility component of DLA from people in residential care from 2012, as originally planned. We have also said that we will re-examine its position within the personal independence payment, which is precisely what we are doing. When that work is complete we will make a final decision, in the context of the full reform of DLA and the introduction of PIP.
Maria Miller: Perhaps the hon. Lady can let me finish and see whether I have covered her point.
We will treat care home residents in exactly the same way as any other recipient of DLA. The views that have been expressed during, and in the lead-up to, today’s debate have been vigorous and made people’s positions clear. That is why we are not introducing the change in 2012 and are undertaking a review of the practical issues on the ground. We will not produce a review report, because we are not undertaking an official review. We are simply collecting information about the implementation of the policy at the moment, as I am sure Labour Members did when they were in government to inform their policy decisions.
Sheila Gilmore: Will the Minister give way?
Maria Miller: I will give way briefly.
Sheila Gilmore: It is very important that the Minister clarifies exactly what is intended. Does she still intend at some point, perhaps after a review or some information gathering, to treat the people affected as a group and decide whether they are entitled to the benefit, or will each individual case be assessed? If it is the latter, how will the information be gathered?
Maria Miller: If the hon. Lady will listen to my full remarks, I hope that she will be satisfied. We have made it clear that we want to remove overlaps, and that we do not ever want to limit severely disabled people’s ability to get out and about, so we will not do what she describes.
Maria Miller: Will the hon. Lady forgive me if I try to complete my remarks? I will give way if I have not answered any questions. I will ensure that when we introduce PIP from April 2013, disabled people are treated absolutely fairly, regardless of their place of residence. We do not intend to undertake what the hon. Member for Edinburgh East (Sheila Gilmore) was talking about.
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Cathy Jamieson: Given the concerns about the term “overlap”, will the Minister be absolutely specific about what she means by it? For example, is it overlap if a care home uses a minibus to transport residents?
Maria Miller: Obviously we are looking at whether an individual has access to support, not at whether a care home has access to it. I could not make it plainer than to say that we do not intend to remove somebody’s ability to get out and about. That is a plain and categorical statement, and the hon. Lady can interpret it as she chooses—I know that I interpret it as a plain and clear statement. Support for disabled individuals should be available in the social care packages that are available on the ground. If that support is not in place, there is no overlapping benefit.
Maria Miller: Will the hon. Lady forgive me for moving on and making some more comments?
Opposition Members will not be surprised to hear that I feel strongly that the Government have made our position clear on this matter.
Margaret Curran: I cannot understand this. If, as the Government say, they are not removing the DLA mobility component from people in residential care, why do they need the Bill to give them the power to do so?
Maria Miller: We are not doing that. We are reviewing the situation. As the hon. Lady will of course know, we need provisions in the Bill to take account of other areas of overlap within PIP—it was the same under the previous Administration—so that we do not pay certain elements of the benefit to people in various types of accommodation. Any change or refinement will be dealt with in regulations, which she will be able to view for herself.
Duncan Hames: I have heard very clearly the Minister’s assurances in her remarks so far, but I am at a loss as to why the Bill refers specifically to residence in a care home as a condition for clause 83(1)(b). I am encouraged by what she has said, but I do not understand why that provision remains in the Bill.
Maria Miller: My hon. Friend will know that we are looking at this matter in some detail, and at the evidence on the ground. If we do not feel that an overlap is in play, we will take the appropriate action. He can rest assured that any further action that we take in that regard will be defined in regulations and subject to further debate.
Amendment 73, to which my hon. Friend the Member for Cardiff Central (Jenny Willott) spoke, would require the Secretary of State to produce a report on the impact of regulations made under clause 83 within a year of their being laid. In the light of the explanation that I have just given, considering whether to produce a report on the impact of regulations made under the clause could be premature. I therefore hope that she does not press the amendment to a Division.
Similarly, on amendment 74, on regulations, I repeat my assurances that we take extremely seriously the concerns expressed earlier about care homes, and we are
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committed to responding to them in the right way. The House would expect the Government to look at the facts of how a policy would be implemented before they move forward with it, which is exactly what we are doing. The amendment would make regulations applying to the payment of the mobility component of PIP subject to the affirmative resolution in the first instance. We spoke at length about that in Committee, and I do not want to debate again whether a resolution should be affirmative or negative. We are subject to the scrutiny of Parliament in this. I would like to return to the commitment that I gave the hon. Member for Glasgow East in Committee when I said that I would reflect on whether other regulations should be subject to the affirmative procedure. I am happy to reiterate that, but at the moment I do not think that we need to go further.
Stephen Timms: The hon. Member for Cardiff Central (Jenny Willott) argued that when the review has been carried out and the Government have a proposal, it should at least be consulted on before it is put into effect. Will the Minister at least accept that point?
Maria Miller: We are not producing a report to consult on. What we will do is make our position clear, and then there will be the opportunity for people to give us their views on that.
Finally, I would like to speak to amendment 60. I believe that the intention of the amendment is to ensure that the new assessment for PIP is working effectively before it is used to reassess the existing disability living allowance caseload. I can reassure the hon. Member for Glasgow East that it is our intention to do that. But I can go further than that—the Government are committed to ensuring that the new assessment is working effectively before it is used for any individuals, new claimants or not.
Dame Anne Begg: Related to that point, although it is slightly different, I wonder whether the Minister can allay the fears of people with Motability cars. Some of them could sign a new lease this month and be reassessed for PIP before the end of that lease, so they might lose the mobility element of DLA and therefore lose their car. What would happen in such cases?
Maria Miller: I had a meeting with Motability yesterday to talk about these issues, which was one of many meetings that I and officials have had with it. We will look at the issue in great detail. Motability provides a fabulous service to disabled people and we will ensure that the issues that the hon. Lady mentions are addressed.
Cathy Jamieson: Will the Minister give way?
Maria Miller: If the hon. Lady will forgive me, we are running very short of time.
Amendment 60 would have the unwelcome effect of allowing the automatic transfer of existing DLA claims on to PIP without any review of entitlement. PIP is a new benefit, with new entitlement criteria and a new assessment of individual need. To transfer people to PIP automatically without first determining whether they are eligible for the benefit would be inherently unfair and would perpetuate the failings of the current system. I cannot therefore accept that amendment.
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I hope that I have started to give hon. Members a flavour of the scale of work that is being undertaken by the Department in putting forward a new benefit of this scale. I hear the loud reiteration of many of the arguments that I have had with disabled people and disabled people’s organisations over the previous months in hon. Members’ comments today. I am sure they will be reassured that disabled people and disabled people’s organisations are at the heart of the development of our assessment, which is now fully available for people to look at and comment on online. Some of the amendments proposed today are wholly inconsistent with the principles that I have set out for our reform of PIP, while others are unnecessary. I hope therefore that the hon. Member for Glasgow East will withdraw the amendment.
Jeremy Corbyn: I will be brief because many other hon. Members wish to speak, and under the timetabling motion we have to conclude by 6 pm, which is very inadequate given the seriousness of the issues. I shall speak specifically to amendments 43, 76 and 77. Amendment 43 was tabled by my Front Bench colleagues and I am happy to support it. I have added my name to it and I hope that they have noted that. Amendments 76 and 77 were tabled by my hon. Friend the Member for Aberdeen South (Dame Anne Begg).
This morning, I was at a commendable place known as Centre 404 in Islington, which provides support and activity for those with physical disabilities and learning difficulties, as well as support for their carers and families. It has been going for 60 years and is a very successful and effective organisation. The large numbers of people there this morning were discussing the introduction of PIPs and the issues surrounding carers week. Before we go into the details of the amendments, we should think for a moment about the enormous amount of work done by carers, who are inadequately recompensed and save the economy vast sums of money. If they were they not doing this work and giving up their careers and lives to care for those who desperately need their help and support, that care would simply not be provided and the costs to the state would be far greater, so we should recognise the economic contribution they make in a decent and humane way.
The Minister said that I conflated the question of jobseeker’s allowance interviews with PIPs. In a sense I did, because I was drawing attention to how people were dragged in for interview. For example, a lady told me—she is a much respected member of the community active on these issues—that her doubly incontinent adult daughter, who has learning difficulties, was told to go to a jobcentre for a jobseeker’s allowance work interview. It is expensive, unpleasant, wasteful, stressful for everyone concerned and an utter waste of time, and considerable damage and humiliation is caused to the individual and their family. That is why amendment 43, which would exempt those with prescribed medical conditions, would be a sensible, important and useful change to the Bill.
The Disability Alliance described to me how PIPs are likely to come in and how the assessments will take place, and the word that kept recurring was “continual”—continual prompting, continual help, continual assistance, continual support—which is interesting, because a person with a sporadic mental health difficulty does not need
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absolutely continual help and support, yet they do need help and support on a continuing basis. Do they then lose out on PIPs?
Stephen Lloyd: Does the hon. Gentleman agree that that definition also perfectly describes people with multiple sclerosis, which is a fluctuating condition? Someone with multiple sclerosis might need very little support one day, but literally within 24 hours might require substantial support.
Jeremy Corbyn: Absolutely. My hon. Friend the Member for Aberdeen South pointed out that there are some conditions that although not terminal or immediately life threatening are nevertheless very debilitating. MS fluctuates in its intensity and the intensity of care and support needed.
People with a long-term, continual and severe disability should be exempt, and should not be forced to go through this interview process. In an intervention on my hon. Friend the Member for Glasgow East (Margaret Curran), who sits on the Front Bench, I raised concerns about the costs of taking people in for interview, refusing them and then putting them through an appeals process, only for them to end up, months later, exactly where they started—with lots of costs, lots of time, lots of humiliation and lots of waste at the end of it. Amendment 43 would make a pretty appalling Bill very slightly better by recognising that those with permanent and long-term conditions should not have to go through this process. I therefore hope that the House will recognise the amendment’s importance and be prepared to pass it today.
5.15 pm
Sir Peter Bottomley: Whether or not amendment 43 is needed, I am quite sure that the officials and others who do the assessments would not expect people with those conditions to be able to go to work. I do not think that this would be a great problem in practice; however, there is always a problem at the boundary.
When I was getting on the Jubilee line this lunchtime I met a young man in a wheelchair—in fact, he turned out not to be that young, because 20 years ago he was helping to build the Jubilee line. He said, “What do you do?” “I work at the House of Commons”, I replied. “Are there any jobs there?” he asked. “650”, I said. “They come up every five years.” He said, “I’m a cook.” “There’s no reason why a cook can’t be a Member of Parliament as well”, I said. I did not ask him whether he lived at home, in a hospital or in a residential care home, or whether his residence was in a home with others.
Earlier this afternoon, I spoke indirectly—I will now speak directly—about St Bridget’s in Rustington, the place mentioned in the first line of the second verse of “The Gnu Song” by Michael Flanders. For those with long memories, “The Gnu Song” comes when he is talking about someone parking a car across his dropped kurb with “GNU” on the registration plate. There are people in Rustington who live in their own homes, and others who also live in their own homes, but who share it with others. The definitional problem is just as great as it might be at the Princess Marina home—again in
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Rustington—which is a Royal Air Force benevolent fund home that is dual registered. Part of it counts as a hospital, part of it counts as a home and part of it counts as a residence. Incidentally, “residential homes” are not defined in the legislation; rather, it talks about “care homes”.
In Worthing, in the other part of my constituency, there is Gifford house—the Queen Alexandra hospital home—which is not just for former service personnel, but for many others. Although I have not had representations from them, I do not want to exclude them from consideration. I pay tribute to my hon. Friend the Minister for kindly coming to St Bridget’s—the Leonard Cheshire home—among her many visits. I pay tribute to the people who live there, their families and my hon. Friend the Minister, because it was one of the best meetings that I have seen for a long time.
I trust my right hon. Friend the Secretary of State, my hon. Friend the Minister and those working with them to come up with the right answer. My preference is for amendment 42 to be agreed to, and then for the Government to come forward with their solution to the problem after they have received the result of the review. They can then come back, either here or in another place, and make an adjustment if they choose to do so. At the moment, however, the way I read the Bill is that someone whose residence happens to be in, say, St Bridget’s—this is not exclusive to St Bridget’s or Leonard Cheshire homes generally—could easily be excluded.
I shall not make the sort of speech that I might make in opposition, about how the Henry VIII clause in clause 83(4)(e) allows
“such other services as may be prescribed”
to be covered, nor shall I go on about subsections (5) or (6), which would allow almost anybody to be divorced under their provisions. However, I believe that we can trust the Government and that they are setting about this in a way that is rational. However, unless the legislation is amended or we receive other assurances, this is not a Bill that this House ought to pass.
Dorothy Sayers, in her book “Unpopular Opinions”, distinguishes between the English—by which she meant the British—and, say, the French by saying that whereas they believe in equality, we believe in fairness. There are currently three issues where fairness concerns me, and this is one of them. Another is the question of those women born in the mid-1950s losing more than a year’s pension, and another is overseas pensioners in the old dominions or elsewhere who cannot get pension increases. We have to take those issues one by one. I believe that the Government will solve the problem of the extra unfairness for those women born in the 1950s. I want the Government to find the solution to the problem that we are discussing in this debate, and later we can come to the overseas pensioners.
On the subject of this debate, why should we necessarily risk solving the so-called overlap by taking away the higher-level mobility component, rather than taking away what the county council might otherwise provide, which is a far smaller amount? I met a woman in a wheelchair, like the man I met on the underground—he said that he was interested in politics, so I gave him yesterday’s Hansard to cheer him up—who wanted to go to her father’s birthday party and then attend a
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college course. Those two journeys by themselves, at the subsidised rate of the St Bridget’s minibus, would have exhausted her money if she had not had the mobility allowance.
Obviously people’s circumstances vary, but rather than make a long speech—we have heard rather too many of those this afternoon—let me end by saying that if amendment 42 comes to a vote, I shall vote for it. I trust that the Government will come back and make things plain in the Bill, rather than our having to rely on positive resolutions on statutory instruments or the results of the consultation or assessment that they are currently undertaking.
Mr Tom Clarke: I very much regret that the Minister did not give way to me on the one occasion that I asked her to do so, particularly because I had planned to ask her to make an apology. I also invite the Secretary of State—if he would just listen to the debate for a moment—to join in making that apology to the 80,000 people living in residential homes who have been threatened since the comprehensive spending review with the removal of the mobility element of their disability living allowance.
I first raised this matter in a debate in Westminster Hall on 30 November. The Minister responded to that debate, so she cannot claim that she did not know what the issues were. In a moment, I shall talk about the remarkable review that very few people know anything about. People living in residential homes, and their Members of Parliament, can tell her exactly what the situation is, even in the absence of a review. We do not like the idea that 80,000 people have been led up to the top of the hill and marched down again as a result of the various approaches of the coalition Government.
Jim Shannon: Does the right hon. Gentleman think that this review has a pre-determined conclusion? Is he as concerned as the majority of Members are that it is only paying lip service to the issues and that it will therefore not deliver what we want to see happening?
Mr Clarke: I hope to come to that point later. I welcome the fact that hon. Members from Northern Ireland have played such an excellent part in these debates, both on 30 November and since. The hon. Member for North Antrim (Ian Paisley) made an intervention on that occasion, and his arguments were as sound then as they are today. The Minister has virtually no support for her position. In a moment, I shall discuss the disability organisations.
Naomi Long: Does the right hon. Gentleman agree that one of the huge disappointments of the process is that, despite the fact that hon. Members as well as people outside the House and local charities initially supported the principle of welfare reform, they are still unable to support the Bill, even at this late stage, because of the lack of detail and assurance that it offers?
Mr Clarke: The hon. Lady makes a very good point.
The people who know the most about DLA know that it is very difficult to secure. Claims have been made, if not by Members on the Government Benches then certainly by newspapers that support the Government, that the system is being abused, but the people who know about abuse are those who experience DLA for
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themselves. It is not a question of not dealing with that. As a result of the Government’s proposals, people who live in residential homes have experienced uncertainty, inconsistency and pledges being reneged on. Today, when we are being asked to make a specific decision on a Bill that will impact on those people, we have yet again heard a series of vague statements from the Minister that mean absolutely nothing.
To be fair to the Minister, she is not alone. The Secretary of State is equally culpable, as is the Prime Minister.
Charlie Elphicke (Dover) (Con): Will the right hon. Gentleman give way?
Mr Clarke: No, I will not. I should like to carry on.
The Prime Minister has given contradictory statements to the House on this issue. In January, he said that
“our intention is very clear: there should be a similar approach for people who are in hospital and for people who are in residential care homes. That is what we intend to do, and I will make sure that it happens.”—[Official Report, 12 January 2011; Vol. 521, c. 282.]
He has been questioned on the issue at Prime Minister’s Question Time on four or five times. On 23 March, when my right hon. Friend the Leader of the Opposition asked him whether there were plans to push through this proposal, he said:
“The short answer is that we are not.”—[Official Report, 23 March 2011; Vol. 525, c. 944.]
Despite that, and despite what we have heard again today—I repeat that I found it completely unconvincing—the intention remains in clause 83 of the Bill that we are being asked to support.
There is also the Red Book. Towards the end of the Budget debate—this has been going on for a long time, as I said earlier—I tried to intervene on the Chief Secretary to the Treasury. Why did he not give way? He did not, but there is at least consistency from Ministers in that respect when it comes to me. He did not give way.
Charlie Elphicke: Will the right hon. Gentleman give way?
Mr Clarke: I am talking about Ministers. The Chief Secretary did not give way, because I was going to ask him whether in the Budget vote we were being asked to support the page in the Red Book that took more than £470 million away from the people we are discussing today or a section that said we were going to have a review. Answer came there none. We have had statements; we have had a Budget; we have had the Prime Minister’s comments; and we have had the Bill that is being thrown at us today—yet 80,000 people still do not know what the future holds for them. That is wholly unacceptable.
As a result of the measures, 80,000 people will suffer. People on higher rate DLA mobility stand to lose out by £51.40 a week, which will impact on their ability to exercise independence and choice—things that we are told again and again by the Government they support when it comes to community care.
Charlie Elphicke: Will the right hon. Gentleman give way?
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Mr Clarke: No, I am not giving way, so the hon. Gentleman might just as well relax. If he had spoken to as many people in residential care as I have, he might not be so willing to defend the indefensible.
The denial of independence in this proposal means that people will not be able to pay for buses; they will not be able to go to bingo or to football matches. In my constituency, a couple will not even be able to meet each other, yet the Minister had the effrontery to use the word “fairness” in presenting her reply.
Despite what the Minister had to say, we know that disability organisations continue to express grave concerns about the proposals. Indeed, 40 organisations collaborated to compile the “Don’t limit mobility” and the “DLA mobility: sorting the facts from the fiction” reports, which not only outlined the negative impact of the measures on disabled people, but explained why the Government’s rationale behind them is simply incorrect.
On Monday, we heard the Minister refer again to organisations dealing with disability. Let us go through them: Mencap, RADAR, Scope, the United Kingdom Disabled People’s Council and People First. Again and again, those organisations have sought to highlight the failings of DLA—yes, they have said that. However, if the Minister is going to quote them to justify the Government’s actions—she is entitled to use these organisations’ views—she must also be willing to accept their view that they are utterly opposed to the proposals.
I wonder what the Government think of the Social Security Advisory Committee, which is an equally important organisation. Its view was known to the Minister at an early stage. We should remember that this is a very important, heavyweight viewpoint:
“We consider the proposal to remove the mobility component from people in residential care should not go ahead. This measure will substantially reduce the independence of disabled people who are being cared for in residential accommodation, which goes against the stated aim of the reform of DLA to support disabled people to lead independent and active lives.”
Why are the Government rejecting that crucial view?
What do we know about the Government’s plans? We are entitled to ask that question when we are being asked to support this Bill at what is virtually the twelfth hour. We know that they claim that there are overlaps in funding for mobility support for people in residential care, but we do not have the evidence to back up that claim. By seeking to remove the payment of the DLA mobility component to such individuals in order to avoid any possible overlap, the Government are shifting the burden of funding those mobility needs on to local authorities. As we have heard—some of us from Scotland heard it yesterday from representatives of the Convention of Scottish Local Authorities—local government simply does not have the resources. It is quite absurd to say that the Government will cut away this funding and that local councils will make up the gap, when they are telling us again and again that they simply do not have the resources.
5.30 pm
What is more, we do not know how these needs will be properly met if local authority resources are already too stretched to cope. Given that the cost of the Government’s proposal will shift to the social care budget, will the Minister tell us what discussions she has had with the Department of Health, for example? We
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have not even been told that in the context of this mysterious review. It is a dangerous precedent to replace benefits with social care provision, particularly when social care eligibility criteria have been tightened so that more and more people stand to slip through the net.
Let me turn now to the much-promised review. The Government announced that they would review the proposals and it was hoped that that would offer greater clarity. Such clarity did not emerge today. The review is internal, within a Department; it is not transparent; and it has no terms of reference. There will be no reports to this House of which I am aware about what it actually does. Regardless of the review, all that has happened is a six-month delay to the implementation of the proposal. No disabled people who stand to be affected have been consulted and the findings will not be made public. What sort of review is that? Is the House seriously expected to support that?
We are being asked to decide on an issue about which we do not have the full facts. Even when the Government come to a decision, there will be no scope for an informed discussion, because the details will not be in the public domain. Although the review of the reforms in the Health and Social Care Bill was far from perfect, at least it enabled scrutiny, public participation and transparency—something that is certainly not taking place in this review.
Given what we know, these proposals are in all candour absolutely cruel and stand to the disadvantage of tens of thousands of vulnerable people. No further clarity has emerged today to suggest otherwise and one reason I shall support amendments 41 and 42 is that the Government have been given so many opportunities—from the debate in November to the Budget debate and from questions in the House to this debate today—to make their position clear, but they have failed abysmally to do so. I am therefore obliged to reach the conclusion that these welfare reforms are not meant to take us forward, they are not part of a progressive society and they are not addressing the real problems of the millennium. They are taking us back to the ’20s and the ’30s. The expression “Out of sight, out of mind” came into my head again and again during today’s debate.
Mr Clarke: I shall give way to the hon. Gentleman, because he has shown an interest in these matters.
Mark Durkan: I thank my right hon. Friend for giving way and commend him for his contribution. Is not the situation he describes not even more grotesquely surreal when one considers that, whatever form the review takes, people in local government and those running care homes are being questioned by the Government not about the funding crisis undermining the financial certainty for those care homes, which has people suffocating with worry and dread about what will happen to them, to their relatives and to the staff, but in pursuit of a mythical notion that duplicate payments are being made in respect of the mobility component and contracts with care homes? Should not the Government be addressing the real crisis that is facing care homes and not the nonsense with which they have obsessed themselves?
Mr Clarke: As always, the hon. Gentleman has put his case beautifully.
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As we head for the Division Lobby tonight, we are asked to choose between the interests of people with disabilities, many of whom have been in residential care for more than 20 years, the concerns of their families and the support of their communities, and the Government’s wish to rush through legislation that in all candour is completely indefensible. Tonight is a real test for the House, and by that I also mean Members of the Liberal Democrat party. I understand that they did not take part in the vote on this in Committee, but they are free to do so tonight. If the Government do what they seek to do and interfere with the lives of the most vulnerable of our fellow citizens in the way that the Bill intends, they do not deserve support and, frankly, people outwith the House, including disability organisations, will be asking about the standing of this Parliament if we allow such a monstrosity to be endorsed in the Lobby. It does not deserve support and I hope that the House will support my hon. Friends’ amendment. I hope also that the Government will think again. I hope that they will think of the shame with which they have burdened themselves and try to redeem themselves from the situation in which they alone have placed themselves.
Peter Aldous (Waveney) (Con): I will be brief, Mr Deputy Speaker, as I know that others wish to catch your eye, and so I shall not take interventions. I am reassured by what the Minister said about the mobility component, but I should emphasise that its proposed withdrawal has caused a lot of worry and anxiety in my constituency. Residents of Shaftesbury Court residential home in Lowestoft are heavily reliant on the mobility component and if it had been simply withdrawn a number of disabled and vulnerable people would effectively have been confined to Shaftesbury Court. Visits to day centres and journeys to colleges would have been a thing of the past for them, and social outings to the cinema, bingo and local sports centres would no longer have been possible.
In addition, visits to the family home would have been increasingly difficult. Not all the residents of Shaftesbury Court come from the Lowestoft area. Some come from further afield, including Ipswich, which is 45 miles away, Canvey island, which is 103 miles away, and even Kent. Such home visits invariably take place only once or twice a year and are very important to the residents and their families, and the removal of the mobility component would have made it very difficult for them to continue. I have heard it said that the local authority or the care home operator would have stepped into the gap and taken on those responsibilities, but under the existing contract at Shaftesbury Court, there is no obligation on either party to do so. Suffolk county council does not have the funds to provide those services and Sanctuary Care, which runs the home, does not have the staff, resources or vehicles to take on the role.
A further issue that needs to be considered, which the Minister touched on, is how Motability would deal with any change for people who currently use their mobility component to purchase a vehicle. This is a complex area and I do not believe that the Government intend to penalise a particularly vulnerable group of people. I am reassured by what the Minister said and I look forward to learning the results of the review, but I urge her not to let down the residents, families and carers of those at Shaftesbury Court.
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Fiona O'Donnell: I am delighted to contribute to the debate. I want to speak in particular about the review and possible removal of the mobility component of DLA, or PIP as it has become, and the extension of the qualifying period for PIP from three to six months.
I listened carefully to the Minister during the whole debate. I also attended a debate in Westminster Hall where many of the issues that came up today were raised, yet it appears that we are no further on in finding an answer to our questions. The Minister seemed to think that she weakened the Opposition’s case by saying that we agreed with the need for reform of DLA, but the point Opposition Members and our Front-Bench team have consistently made is that, yes, reform is needed but the Government have got it wrong in the Bill. I often understand the rationale and politics in some of the Government’s decisions and proposals, but I really feel that the proposals in the Bill that the amendments address are actually cruel. I thought long and hard about those words.
Constituents have contacted me from cancer, mental health and disability organisations, including the Disability Benefits Consortium, which represents 50 charities and thousands of people with disabilities and their families. Their mission is clear. The DBC document states that it is to use their combined knowledge, experience and direct contact with disabled individuals, people with long-term conditions and carers to ensure that Government policy reflects and meets the needs of all disabled people. But the Government simply are not listening. When so many people have come together, the Minister should take the time, as others in the Cabinet have done, to pause and reflect. We have seen in the movements to oppose some of the measures a unity and solidarity that has never been seen before. Is it not time to pause?
Cathy Jamieson: Does my hon. Friend agree that the organisations she has listed would have a great deal to contribute if there was a proper official review, instead of the behind-the-scenes unofficial review, or whatever it was that the Minister described?
Fiona O'Donnell: I agree and I thank my hon. Friend for her contribution. I listened with interest to the speech the hon. Member for Cardiff Central (Jenny Willott) made about her amendment. [ Interruption. ] She is thanking me now, but she may not thank me when I have made my comments, although I shall again try to be careful. It is extraordinary that a member of the Government should support legislation and an amendment, yet time and again blatantly admit that she did not know what the Government were proposing. The hon. Lady kept pointing us in the direction of the Minister, saying that she would answer our questions. She was not in the Chamber for the whole of the Minister’s speech, so I have to tell her that the Minister did not answer the questions.
Jenny Willott: I want to make it very clear that I was here for the whole of the Minister’s contribution. The questions I referred to the Minister were about what she was doing. Clearly, as a Back-Bench Government Member, I am not privy to that.
Fiona O'Donnell:
In that case, I suggest that the hon. Lady holds back her support for the Government until she knows what they are going to do. She spoke to us about the review, but when she looks at the record she
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will see that she thought it entirely appropriate for disabled people not to play a part in it. The Government ask us to have confidence in this information-gathering review, but its findings will be secret, disabled people will not be part of it and there will be no consultation on it. The hon. Lady thinks those are reasons for us to have confidence. I see Members on the Government Back Benches putting their heads into their hands, and well they may. These are the facts. What is being presented to the House is clearly unacceptable.
Charlie Elphicke: I thank the hon. Lady for her great courtesy and generosity in taking interventions, and for her old-fashioned charm in giving way—[ Interruption. ] Her modern charm.
The issue is not about taking things from people; it is about double-counting, so that we ensure that our scarce state resources are as well directed as possible. Surely that must be the right approach.
5.45 pm
Fiona O'Donnell: As someone who became a Member only recently, I would rather that I was not called old-fashioned just yet. The hon. Gentleman completely misses the point.
On how people will be affected by the change to the mobility component of DLA, there is a genuine and general lack of understanding of what residential care is about and the experiences of the people living in it. I was worried that the Minister used the word “overlap” again and again, because we do not know what that will be or how it will be defined. As my hon. Friend the Member for Edinburgh East (Sheila Gilmore) asked, will it be defined on a group basis or individually? We are asked to have confidence that people will have the same choice, flexibility, independence and dignity in their lives, but I do not think that I can do so on the basis of what I have heard from the Minister.
I worked for a number of years in a residential home in Perthshire called Upper Springland, which is owned and run by Capability Scotland. If hon. Members and the Minister in particular want information about what the reform will mean, I suggest they read a report that was commissioned by Capability Scotland and the Margaret Blackwood housing association called “How am I going to put flowers on my dad’s grave?”. I shall not apologise if I become a little sentimental in the next part of my speech because I want to talk about some of the people I met in that residential home.
I do not judge people for not really understanding what a residential home is about because when I arrived at Upper Springland, it was not what I expected. People had not only a front door through which staff could enter after knocking, but a back door. It was entirely appropriate that they came and went without us knowing their movements. Sometimes they did not come home at night, in the way that many of us might have done in our misspent youth, but accessing that kind of information was no business of ours. Many people—I was glad that the hon. Member for Waveney (Peter Aldous) raised this point—had come from as far away as Wales to live in Perth at Upper Springland because it was such a centre of excellence. This is the point at which I need to
15 Jun 2011 : Column 866
know what the Minister means by “overlap” because I remember how important it was to Fiona, that young woman from Wales, that she could attend her father’s funeral service.
Upper Springland had several adapted buses as well as individual cars that residents could use. There were regular trips to Perth so that people could access shops and occasional drivers were on duty at the weekend. However, it did not go as far as to provide a service to Fiona that would allow her to travel back to Wales to be at her father’s funeral. Would the Minister see the service at that residential home as duplication? Would she have removed Fiona’s mobility component, meaning that it would have been virtually impossible for her to attend her father’s funeral?
Stephen Lloyd: I hope the hon. Lady accepts that my determination and passion about, and commitment to, people with disabilities are perhaps equal even to hers. As I have listened to the debate, and especially to the previous few speakers, I have become frustrated by hon. Members’ assumptions that everything that the Government are doing is bad and for the worst reasons. She cites the example of a funeral as if to intimate that that would not be covered. I think that is scaremongering. I ask that she thinks carefully about the language she uses.
Fiona O'Donnell: I absolutely will not withdraw my comment. This is not scaremongering. I am setting out exactly the kind of concern that has been raised in a report commissioned by two of Scotland’s leading disability charities. If the hon. Gentleman thinks that those charities would be as irresponsible as to carry out scaremongering and to frighten the people who form part of their organisations—the people for whom they stand up—it is he who has something to answer for.
Mark Durkan: Does my hon. Friend agree that if people should be scared by anything, it should be not her question but the lack of the right answer from Ministers?
Fiona O'Donnell: I thank the hon. Gentleman for his support.
Let me talk about a few of the other people who lived at Upper Springland. David had no voluntary movement of his arms and legs, and a little movement of his head. He had no verbal communication. He was completely dependent but he had an incredibly active mind. He was able to communicate through an auxiliary voice and communication system. When he asked to have some swear words programmed into his computer, it caused some discomfort for the rather old-fashioned manager of the residential home as David wandered around the corridors telling everyone to “Eff off!”
David had come from Edinburgh to Upper Springland because of its excellent reputation. He would love to return home on visits to see his family. I personally accompanied David on his last visit to his father before his father died and also to the funeral. I have genuine concerns about that. The Secretary of State shakes his head, but unless we get a definition of what the overlap means, how can we have any confidence? The organisations out there representing people with disabilities do not have confidence in the proposal, so the Secretary of State has no reason to shake his head.
15 Jun 2011 : Column 867
There was another young woman called Joyce who was not only active—she played a sport called boccia and travelled around the world—but had a job for a few hours a week so that she did not lose her benefits, and volunteered in various organisations. To support her to do that, she needed the flexibility to be able to book her own taxi to go to work and to participate in the other activities. There was Maggie, who refused to travel in the transport available at the centre because there was a great big sign up the side of the vehicle which said “Capability Scotland” and she did not see why she should be branded, but going to church every Sunday was very important to Maggie.
These are people I cared about and people I cared for. I fear greatly for what will happen to them and what their future lives will be like if the House does not support the amendments.
I have been critical of the Minister and other Members on the Government Benches, saying that they do not understand what disability and residential care mean. I heard the Prime Minister in one session of Prime Minister’s questions talk about people in residential homes. Then, it was an anomaly between them and people in hospital. Now the Prime Minister seems to acknowledge that residential care is a social model, not a medical model. He has said that the DLA mobility component is not being removed, but the evidence in the Red Book is that it will disappear, so I am not reassured even by a six-month stay of execution.
We must ensure that people continue to have the same choices as people living outside residential care homes. I do not like to talk about people living in the community, because people who live in residential care homes are also part of our community. What evidence is there of an overlap there? Charitable organisations provide access to vehicles, so is the Minister going to assess whether there is an overlap there as well?
People in residential care make the same choices as we do. How many of us do not need a car? We could use public transport, but for those people to buy an outdoor electric wheelchair, which they would not be entitled to under the NHS assessment, makes all the difference to their lives. Why should they not have that choice? It is not just about Motability cars. It is also about people who have entered into contracts and loans to pay for those electric wheelchairs. All these months on from the Westminster Hall debate, we still do not have an answer from the Minister about what will happen to those people.
A further topic that the Minister has not addressed—the hon. Member for Cardiff Central had great hopes that she would talk about it today—is the situation in respect of the devolved Governments of the United Kingdom. If the Minister has any expectation that there will be regulation of residential care homes or a duty placed on them to provide a service to people with disabilities, if she thinks she can compel the NHS to start providing more mobility adaptations to people with disabilities, and if she believes in the universality of the benefit, how can she ensure that people in Scotland will always retain the same benefits as people in the rest of the United Kingdom? She did not clarify that, so I would like to give her the opportunity now to intervene and answer that question. [ Interruption. ] No?
Mr Reid: Will the hon. Lady give way?
15 Jun 2011 : Column 868
Fiona O'Donnell: All right; someone else will speak.
Mr Alan Reid (Argyll and Bute) (LD): Surely the hon. Lady, as a Scottish Member, knows that it is up to the Scottish Parliament to decide on devolved matters. That is what devolution is all about. It is up to the Scottish Parliament to decide whether it provides that benefit or not.
Fiona O'Donnell: I know that. I am questioning whether the Minister understands that that is the situation we find ourselves in and the impact it will have. Will the review include Scotland and the other devolved areas of the United Kingdom?
Maria Miller: Yes, we do talk with the devolved Administrations, but I say to the hon. Lady that the point everyone is making is that many other hon. Members would like to speak.
Fiona O'Donnell: I absolutely take heed of that and apologise if I have taken too much of the House’s time, but I feel passionately about this issue. I will bring my remarks to a close by saying that I hope hon. Members will walk through the Lobby with us to vote in favour of the amendments that my colleagues and hon. Friends on the Front Bench have tabled.
Mr Reid: I had wanted to speak tonight on my concerns about the proposal not to make any personal independence payment for the first six months, but I will speak about that later. Further to what the hon. Member for East Lothian (Fiona O'Donnell) has just said, my understanding of the Government’s position is that there is an overlap, and it is perfectly correct that where an overlap has been identified we ought to have a review. It is also important to stress that we are not abolishing the mobility component for people in care homes by voting against the amendment tonight; we will be voting to give the Government the power to make regulations.
Margaret Curran: Will the hon. Gentleman give way?
Mr Reid: I am sorry, but there is no time.
What concerns me about the Bill as it stands is that those regulations will be made by the negative procedure, which does not give Parliament the absolute right to scrutinise and vote on them. I have put my name to amendment 74, tabled by my hon. Friend the Member for Cardiff Central (Jenny Willott), which proposes that the regulations should be made by the affirmative procedure.
Maria Miller: Given the strength of feeling on this matter, from my hon. Friend and others, I am happy to give a firm undertaking that the regulations will be made under the affirmative procedure to ensure that we get the debate that I know the House wants on the matter.
Mr Reid: I am extremely grateful to the Minister for that—I wish that every time I spoke for a minute I could bring about a change in Government policy.
In the few minutes remaining, I want to talk about the proposal not to pay any PIP for the first six months. What concerns me is that that will impact severely on people who have a sudden onset of a very disabling
15 Jun 2011 : Column 869
condition, such as a stroke, cancer or the loss of a limb. Thankfully, that happens only to a relatively small number of people of working age, which means that any savings the Government would make would be very small. However, for someone in that unfortunate position the first six months is often when the costs are greatest. They and their families have to adjust to the sudden reality of coping with a disability. During those months, people are often faced with extra costs such as special aids, adaptations to their homes or frequent trips to a specialist hospital that might be far from where they live. Adaptations to the home are up-front costs that need to be paid within the first six months. Depending on their condition, those people might face many other costs.
Another relevant issue is that until PIP is awarded, other benefits such as carer’s allowance are not available. Therefore, I urge the Government to look carefully at ways of taking those circumstances into account and see whether they can find a way to make financial help available for people in that position so that they can cope with the extra costs they face in the six months after the onset of the condition.
Sheila Gilmore: I want to speak briefly to the question of three and six months, because the Government have said that people will be able to find other forms of assistance. What they mean by that is means-tested assistance, but many people will not qualify for it, because their partner might earn as little as £7,500 a year or have—
6 pm
Debate interrupted (Programme Order, 13 June).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the amendment be made.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
Amendment proposed: 44, page 56, line 45, leave out ‘6’ and insert ‘3’.—(Margaret Curran.)
Question put, That the amendment be made.
The House divided:
Ayes 239, Noes 294.
[6 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jon
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Bell, Sir Stuart
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, rh Mr Gordon
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Edwards, Jonathan
Efford, Clive
Ellman, Mrs Louise
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hermon, Lady
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hood, Mr Jim
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Jowell, rh Tessa
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Lloyd, Tony
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
MacShane, rh Mr Denis
Mactaggart, Fiona
Mahmood, Mr Khalid
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCarthy, Kerry
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Michael, rh Alun
Miliband, rh David
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Mulholland, Greg
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Paisley, Ian
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Lindsay
Ruane, Chris
Ruddock, rh Joan
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Wicks, rh Malcolm
Williams, Hywel
Williamson, Chris
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Phil Wilson and
Mark Hendrick
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, Tom
Bray, Angie
Bridgen, Andrew
Brine, Mr Steve
Brokenshire, James
Brooke, Annette
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burrowes, Mr David
Byles, Dan
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Chishti, Rehman
Chope, Mr Christopher
Clark, rh Greg
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Ellis, Michael
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Field, Mr Mark
Foster, rh Mr Don
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Gale, Mr Roger
Garnier, Mr Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Graham, Richard
Grant, Mrs Helen
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harper, Mr Mark
Harris, Rebecca
Harvey, Nick
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Mr Gerald
Howell, John
Hughes, rh Simon
Huhne, rh Chris
Hunter, Mark
Huppert, Dr Julian
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leech, Mr John
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Mensch, Mrs Louise
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Patel, Priti
Pawsey, Mark
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Julian
Smith, Sir Robert
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Stunell, Andrew
Sturdy, Julian
Swales, Ian
Swayne, Mr Desmond
Swinson, Jo
Syms, Mr Robert
Tapsell, Sir Peter
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Ward, Mr David
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mr Shailesh Vara and
Jeremy Wright
Question accordingly negatived.
15 Jun 2011 : Column 870
15 Jun 2011 : Column 871
15 Jun 2011 : Column 872
15 Jun 2011 : Column 873
Amendment proposed: 42, page 58, line 40, at beginning insert—
‘(3) The condition is that the person is an in-patient of a hospital.
Question put, That the amendment be made.
The House divided:
Ayes 239, Noes 295.
[6.16 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Anderson, Mr David
Ashworth, Jon
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Beckett, rh Margaret
Begg, Dame Anne
Bell, Sir Stuart
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blomfield, Paul
Blunkett, rh Mr David
Bottomley, Sir Peter
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, rh Mr Gordon
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burnham, rh Andy
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clarke, rh Mr Tom
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Edwards, Jonathan
Efford, Clive
Ellman, Mrs Louise
Esterson, Bill
Evans, Chris
Farrelly, Paul
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Hood, Mr Jim
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Jowell, rh Tessa
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Lloyd, Tony
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Mr Khalid
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCarthy, Kerry
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Michael, rh Alun
Miliband, rh David
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Paisley, Ian
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Lindsay
Ruane, Chris
Ruddock, rh Joan
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Wicks, rh Malcolm
Williams, Hywel
Williamson, Chris
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Phil Wilson and
Mark Hendrick
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bradley, Karen
Brady, Mr Graham
Brake, Tom
Bray, Angie
Bridgen, Andrew
Brine, Mr Steve
Brokenshire, James
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, Paul
Byles, Dan
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Chishti, Rehman
Chope, Mr Christopher
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
Davis, rh Mr David
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Ellis, Michael
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Field, Mr Mark
Foster, rh Mr Don
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Gale, Mr Roger
Garnier, Mr Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gilbert, Stephen
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Graham, Richard
Grant, Mrs Helen
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harper, Mr Mark
Harris, Rebecca
Harvey, Nick
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howarth, Mr Gerald
Howell, John
Hughes, rh Simon
Huhne, rh Chris
Huppert, Dr Julian
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leech, Mr John
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Mensch, Mrs Louise
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, Maria
Mills, Nigel
Milton, Anne
Mitchell, rh Mr Andrew
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mulholland, Greg
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Patel, Priti
Pawsey, Mark
Penrose, John
Percy, Andrew
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reevell, Simon
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Julian
Smith, Sir Robert
Soames, Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Stunell, Andrew
Sturdy, Julian
Swales, Ian
Swayne, Mr Desmond
Swinson, Jo
Syms, Mr Robert
Tapsell, Sir Peter
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Walker, Mr Robin
Wallace, Mr Ben
Ward, Mr David
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Mr Mark
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mr Shailesh Vara and
Mark Hunter
Question accordingly negatived.
15 Jun 2011 : Column 874
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Amendments made: 20, page 165, leave out line 25 and insert—
‘In section 37(1)—(a) in paragraph (a)(i), “6, 7”; (b) paragraph (ab).’
Amendment 21, page 165, line 35, at end insert ‘and (1A)’.—(Chris Grayling.)
Ed Balls (Morley and Outwood) (Lab/Co-op):
On a point of order, Mr Deputy Speaker. In the last hour, the BBC has announced that the Chancellor will tell the
15 Jun 2011 : Column 878
City of London at the Mansion House dinner tonight that he has decided to sell off Northern Rock, currently in state ownership, and has rejected the options of flotation or selling it as a mutual. Instead it will be sold in a private sale. Has there been any indication that the Chancellor will make a statement in this House before the speech in the City of London? Do you agree that Parliament and the public should hear about this first, before the City of London Mansion House dinner?
Mr Deputy Speaker (Mr Lindsay Hoyle): I have been given no indication by the Treasury Bench or any Department that there is to be a statement this evening. I am sure that the Treasury Bench will have heard the right hon. Gentleman’s concerns.
John McDonnell: On a point of order, Mr Deputy Speaker. We have just finished the Report stage of the Welfare Reform Bill, but we have failed yet again to reach major parts of the Bill, particularly amendments on the cap on benefits, which I totally oppose and think are a disturbing element of the Bill. As the Leader of the House is here, may I say to him through you, Mr Deputy Speaker, that we are exhibiting to the general public that the House is not working if we are not reaching major parts of such an important Bill. I would hope that the Government would consider pausing, as they did with the NHS Bill, and thinking again in the light of today’s debate.
Mr Deputy Speaker: The programme motion—
The Secretary of State for Work and Pensions (Mr Iain Duncan Smith) rose—
Mr Deputy Speaker: I call Mr Duncan Smith.
Mr Duncan Smith: Further to that point of order, Mr Deputy Speaker. It might be of assistance to the House to remind those who were not in the Committee that every single clause was debated there, and we have also had two days on Report, which is almost unprecedented.
Mr Deputy Speaker: This seems to be a continuation of the debate on the programme motion, which was decided on Monday. It was agreed by the House so this is not a matter for the Chair. Let us now move on, in the short time we have, to Third Reading.
6.30 pm
Mr Duncan Smith: I beg to move, That the Bill be now read the Third time.
I am conscious that we have only half an hour, so I will try to make some progress. A great deal has been debated, but I am happy to take a couple of interventions. I recognise that some others on the Back Benches would like to say something because they did not get in earlier, and I think we ought to leave them some time.
The Bill allows us to start dealing once and for all with the welfare dependency we inherited. Just the other week we learned from the Office for National Statistics that there are now nearly twice as many households in the UK where no one has ever worked as there were in 1997, and today there are nearly 2 million children
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growing up in workless households—children with no positive role models who can teach them the benefits of work. This entrenched worklessness is the issue, and is the product of a broken welfare system that takes away up to 96p in every pound earned as people increase their hours in work. It is a system that shunts people from employment programme to employment programme, never looking at them as individuals but as collective groups. It is a system that provides disabled people with outdated and complex support that often fails them when they most need it. By the end of Labour’s term in office, that system left us with income inequality at its highest level since records began, despite the billions Labour spent. The backdrop to this social breakdown was the inheritance of an economy that was absolutely on its knees when we came into government.
Sarah Newton (Truro and Falmouth) (Con): Given the shameless scaremongering in the Chamber today at Prime Minister’s Question Time and during this debate, can the Secretary of State assure us that people recovering from cancer will not have their benefits taken away from them?
Mr Duncan Smith: I was not going to pick up on that, but given that my hon. Friend has asked me, I will say that the reality, which is clear, is that the Government inherited the employment and support allowance reform from the previous Government. It was this Government who exempted cancer patients on chemotherapy in hospitals; they were not exempted by the previous Government. Our record on this is therefore quite good. As for the exchange at Prime Minister’s Question Time, it is also important to say that if somebody cannot take work, they will remain on the support group or be moved to the support group, where they will continue to receive full support indefinitely—and it will not be income-related.
Mr Duncan Smith: One moment, one moment. Let me finish, all right?
In reality, therefore, people on the work-related activity group will already have been seen to be able to do some work with some assistance—that is the key—and of course, as has long been the case, those benefits are income-related. It is also important to note that the figure that Macmillan produced today—of 7,000 people losing everything—is not altogether accurate, because—[Interruption.] No, no, because 60% of the people it was talking about will continue to receive some form of support; they will not be losing all their money. We will not be moving those on chemo. We are looking to review the situation under Professor Harrington to see how much further we can go, but the fact is that if someone is not capable of work and is too ill, they will be on the support group.
Stephen Timms: Can the Secretary of State confirm, however, that people receiving oral chemotherapy and oral radiotherapy are in the work-related activity group, and that if they are halfway through their treatment and it gets to a year, they will lose all their contributory benefit?
Mr Duncan Smith:
Not if they are on income-related benefit. Of course they will absolutely continue to get the income-related support. The point is that this—
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[
Interruption.
]
Wait a minute. The right hon. Gentleman knows very well—he should stop playing silly games—that we have asked—
[
Interruption.
]
No, no—
[
Interruption.
]
Grow up, for God’s sake! He has to recognise that we have asked Professor Harrington to review that, because that is a later form of chemotherapy, and he will report back. Whatever his recommendations are, we have said that we will accept that. The right hon. Gentleman knows that, and I suspect that he should have said it when he got up at the Dispatch Box.
[
Interruption.
]
I think I have done that; I just wish that the Opposition would not play politics with people’s fears and concerns. They made no arrangements at all for cancer patients on ESA, so we will take no lessons whatever from them.
We are now paying as a result of Labour’s mismanagement of the economy, which is causing all the problems and which is why, even in this Bill, we are having to find savings, with an eye-watering £120 million a day going to pay off the interest alone on the debt that the last Government left us. It is because of the deficit reduction plan that Britain has put in place that we have managed to keep our borrowing costs low and comparable to Germany’s rather than to those faced by Portugal, Ireland or Greece. These need to be seen in context, but I want to—
Frank Dobson (Holborn and St Pancras) (Lab): On a point of order, Mr Speaker. To remain in order on Third Reading, is it not necessary to talk only about the content of the Bill, not things external to it?
Mr Speaker: That is correct. On Third Reading, all speakers must focus on what is in the Bill, not what is excluded from or outside it.
Mr Duncan Smith: I agree, Mr Speaker, which is why I have done nothing but refer to the reasons for the Bill, the rationale behind it and what is in it, hence the cancer point that we have talked about.
Let me proceed to the issue of the benefit cap, which I do not think the Opposition ever wanted to get to. Our reforms are fundamentally about fairness: fairness to recipients, but also—and too often forgotten—fairness to the hard-pressed taxpayers who have to pay for those on benefits. Across a range of areas, we have made changes designed to ensure that people on benefits cannot live a lifestyle that is unattainable to those who are in work. Let us take the benefit cap—an issue on which the Opposition have got themselves in a bit of a mess. Just two days ago, the right hon. Member for Birmingham, Hodge Hill (Mr Byrne), who is now in his place, told the House:
“The cap on overall benefits…is an important part of the legislation”.—[Official Report, 13 June 2011; Vol. 529, c. 491.]
However, it is now clear that his own party is completely divided on the matter. Even late last night, the Opposition tabled an amendment that they knew they would not be allowed to vote on—a starred amendment—just so that they could posture and appease their Back Benchers, who are on the wrong side of the debate entirely. [
Interruption.
] No, no, the Opposition know very well that they had days to table that amendment, but they did not bother—I suppose that the right hon. Gentleman will say that he did know that there was a time limit on tabling amendments. The reality is that the Opposition
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are opposed to the cap. They should be honest and say that they do not want it. Indeed, even their amendment would have knocked out the entire effect of the cap.
Let me turn to conditionality, another issue in the Bill.
Simon Hughes: Before the Secretary of State leaves the benefit cap, let me say that I understand the reason for a national benefit cap. Does he accept, however, that colleagues across the House are concerned that in London, because of the cost of housing, there is a special issue that deserves further debate? I wonder whether he would be willing to meet colleagues from all parties, local government, the Mayor, housing providers and the Housing Minister so that we can get the problem sorted for all those with an interest in London.
Mr Duncan Smith: I have always said that the door is open to everybody to discuss the effects and how some of them can be ameliorated—or not, depending on what the issues are. The answer is therefore yes—as a London MP, I should join that delegation too—although I still believe that we have the right policy, because it is about balancing fairness for those hard-working people who pay their taxes who often feel that those beyond work are not working themselves.
Sheila Gilmore: Will the Secretary of State give way?
Steve Baker (Wycombe) (Con): Will the Secretary of State give way?
Mr Duncan Smith: I will give way only once or twice more, and I give way now to my hon. Friend.
Steve Baker: I am most grateful to the Secretary of State. Will he join me in reminding the House that, by dint of great effort, in 2011-12—[ Interruption ]—I assure the hon. Member for Glasgow East (Margaret Curran) that this comes from the HMRC website, not the Whips—the pay-as-you-earn tax threshold will be just £7,475 a year? Will he also remind the House that the people paying tax—that is, paying tax to pay the benefits that others are in receipt of—are actually poorly paid and that a year’s pay on the national minimum wage is just £12,300? Will he join me in recognising that it is an issue of social justice that we should introduce the benefits cap?
Mr Speaker: Order. May I just remind Members that interventions should be brief? I know that the Secretary of State and others will be conscious that other people want to speak in the debate.
Mr Duncan Smith: I agree with my hon. Friend. That point is also powerfully made by the fact that nearly half of all those who are working and paying taxes fall below the level of the cap. It is important to achieve a balance of fairness. I recognise that there are issues, and we have looked at ways in which the process of change in housing benefit can be done more carefully, for example. This is not about punishing people; it is about establishing a principle that fairness runs through the whole of the benefit system.
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Sheila Gilmore: The Secretary of State wishes to present the Bill as being about people who are workless or feckless, but hard-working taxpayers who suddenly fall ill and are unable to claim the personal independence payment for six months could well be excluded from benefits because they have been savers. Is that fair?
Mr Duncan Smith: If the hon. Lady had looked at what the cap covers, she would know that those on tax credit will be exempt, as will those on DLA, widows and others who are in difficulties. The cap is about those who we believe should be able to go to work but are not doing so. Of course, this would just be all stick if it were not for the fact that the Minister of State, Department for Work and Pensions, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling) had recently introduced the biggest back-to-work programme this country has ever seen, to support those in greatest difficulty. Universal credit is about helping to improve people’s incomes when we get them back into work with a bigger incentive. We are striking a fair balance by doing all that while also placing some expectations on those who are waiting to go to work.
That is also the point of the next bit, which is about conditionality and sanctions. The Bill places a level of responsibility back into the system by strengthening our conditionality and sanctions regime and requiring all claimants to accept a claimant commitment setting out their individual responsibilities—a sort of contract that will enable them to understand that they have certain obligations and that there are certain things that we are obligated to do for them. That is fair. Many claimants I have spoken to out there are completely confused about what they should or should not be doing.
When those responsibilities are not met, we will have the power to apply a robust set of sanctions, which will be made clear to the claimant at the beginning. Opposition Front Bench who were in the previous Government will know from going round jobcentres that claimants often still profess, even at the last moment, to having no knowledge of the fact that they will face sanctions if they do not comply. So we are going to let them know early exactly what the sanctions will be. As with universal credit, they will then have a clearer understanding of what they are meant to be doing.
The next area, which we have dealt with in some detail, involves the personal independence payment. We are bringing more responsibility to the system, but I believe that we are also improving support for those who are able to work and for those who are not. Disability support is an issue. The Bill makes critical changes to the system, and the Under-Secretary of State for Work and Pensions, my hon. Friend the Member for Basingstoke (Maria Miller) made a sterling effort to explain them in Committee and on Report.
The changes to the current system of disability support will ensure that disability living allowance is no longer awarded on the basis of subjective and inconsistent decisions. I hope that all hon. Members will recognise that this is a bold attempt to bring this area of benefit up to date and to ensure that those who are not getting what they should will do so, and that those, however many there are, who are getting too much or not the right amount will get that adjusted as well. The truth is that this will be based on their ability to live their lives.
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I agree with my hon. Friend the Minister about the checks involved. The DLA will be replaced in total by a personal independence payment, which will be based, for the first time, on regular and objective assessments of need.
This brings me to perhaps the biggest thing in the Bill: universal credit. This lies at the heart of all our reforms. It involves the principle that it should no longer be possible for people to be better off on benefits than in work, or for people to fear moving into work. I say “fear” because people are often concerned because they simply cannot tell whether they will be better off or worse off in work. No longer are we going to try to pick the number of hours that somebody should be working; rather, we will say to them, “You must make that choice, in line with work, relevant to your caring responsibilities and all the other issues that affect you.” This is a bold reform to help people to improve their chances and give them the assistance they need. That goes alongside the Work programme, as I said earlier, which will support all those people who are trying desperately to make the best of their difficult conditions and get back to work.
Frank Dobson: In view of the complexities encompassed in the universal credit, does the Secretary of State seriously believe that the Government are capable of producing a computer system that will work properly from the start?
Mr Duncan Smith: The right hon. Gentleman refers to complexities—he and I have discussed many issues before—and this present system is so complex that if he were in the situation of many of the people in his constituency, he would find it incredibly difficult to know whether or not they are better off. The principle behind the Bill is that we must try to achieve that. If he wants to know my honest opinion, I believe that we will be able to make it happen. We are working hard to make sure that this medium-level change to IT works out. I recognise it as such a change. I have had conversations about it with his Front-Bench colleague, the right hon. Member for East Ham (Stephen Timms). Our views may differ slightly, but the reality is that the process has to happen; IT development is part of the process. I give the right hon. Gentleman as much of a guarantee as I can that we will deliver it—right and on time.
Some 2.7 million households will be better off as a result of the universal credit and almost 85% of the gains—I hope that Opposition Members will support this aspect—will go ultimately to the bottom 40% of people in the income distribution. I would have thought that they wanted to support that. My concern throughout the debates—I now want to bring my comments rapidly to a conclusion—has been that it is not at all clear what exactly the Opposition support and what they do not support. By their actions and by what they say, there is no commonality.
The Opposition tabled more than 200 amendments in Committee, but voted on them only 16 times. They have complained that we did not allow enough time for consideration of issues on Report and then, on the day before yesterday, they proceeded to talk for more than an hour on amendments that they did not even push to a vote. If they had not done that, they would easily have had a chance to debate some of these other areas.