9.45 pm
Mr Lidington: My hon. Friend is ingenious and teasing in his question, but I am here to represent the policies of the Government, not to account for what our party said a few years ago in opposition.
My fear is that the impact of the amendment could be the opposite of what my hon. Friends who support it hope for. My hon. Friend the Member for Stone and Professor Tomkins have warned of a new trend of judicial activism, and my hon. Friend argued that powerful elements in the judiciary were seeking as a matter of policy to challenge the principle of parliamentary sovereignty. I find unpersuasive the argument that to introduce the word “sovereignty” into the Bill would quell that ambition. The word lacks a clear definition—we have found about 30 statutes that include it, and they all refer to territorial sovereignty, not to constitutional authority. There is no existing accepted definition, and I fear that the lack of a clear definition would encourage the very judges against whom my hon. Friends warn me to interpret the substance, scope and limits of sovereignty through judicial activism.
David Morris (Morecambe and Lunesdale) (Con): I wish to pose a question. Let us say, for argument’s sake, that the nationalists in Scotland imposed the euro. What powers would we have to defend our sovereignty and economy without the amendment tabled by my hon. Friend the Member for Stone (Mr Cash)?
Mr Lidington: Parliament has the right, which the courts would be obliged to uphold, to repeal or amend the European Communities Act 1972 or any part of it. It also has the constitutional power to disapply a particular piece of EU law, although that would provoke the sort of political crisis in our relations with the EU that I alluded to earlier.
Mr Jenkin: I am incredulous about this argument about the word “sovereignty”. Is my right hon. Friend seriously suggesting that if Parliament put into statute the fact that it was sovereign, that would be a come-on to the judges to come and get it? I think if he reflects on that for a short time, he will realise that he has been given a lawyer’s excuse for rejecting the amendment, not a proper reason.
11 Jan 2011 : Column 250
Mr Lidington: If one follows the logic that my hon. Friend and others have adduced this evening about the ambitions and activism of certain members of the senior judiciary, and if one considers the arguments that would be made by counsel and parties on both sides if a case were pleaded before a court—they would inevitably draw attention to the absence of any definition of parliamentary sovereignty—one sees that my hon. Friend underestimates the risk that the amendment would encourage judicial activism rather than provide an antidote to it. The concerns about definition apply to other amendments and new clauses, as well.
I wish to say a brief word about the explanatory notes, which have been mentioned in a number of speeches. I note that the European Scrutiny Committee’s report recommended that they should reflect the balance of opinion on the matter. As my right hon. Friend the Foreign Secretary said on Second Reading, references to the common law are meant simply as a contradistinction to statute, given that the principle of parliamentary sovereignty is defined nowhere in statute. They are not meant to be determinative of the origin of the principle, which goes far beyond the scope of the Bill.
Although I do not believe that one phrase in seven substantial paragraphs of the explanatory notes bears the weight that some of my hon. Friends have placed upon it, I will respond to the concerns that have been addressed. The coalition will amend the explanatory notes before the Bill enters the Lords, to address satisfactorily the concerns that the European Scrutiny Committee has raised. That will in no sense change the effect of the clause, which is couched in terms of the status of EU law in the UK legal order, and does not refer explicitly to parliamentary sovereignty or take a position on the origins of that principle.
Mr David: Given that the Minister had clearly agreed to change the explanatory notes before the debate, would not it have been courteous to tell the Opposition about his decision?
Mr Lidington: I have had no private conversations with my hon. Friend the Chairman of the European Scrutiny Committee—the hon. Member who expressed concern. The hon. Gentleman is in his place. Like every other hon. Member, he has had the opportunity to hear about the proposed change.
New clause 1 deals with section 3(1) of the European Communities Act 1972. By virtue of that Act, jurisdiction has been conferred on our courts to determine and adjudicate on disputes arising under EU law. That jurisdiction does not arise from the treaties, nor have the courts conferred it on themselves. Courts here possess that power because Parliament has determined that it is appropriate for them to do so and has legislated accordingly.
Section 3(1) of the European Communities Act provides that, for the purposes of legal proceedings in the UK courts, any question about the meaning or effect of the treaties is to be treated as a matter of law and requires the UK courts to take judicial notice of the treaties, the Official Journal and any decision of the European Court of Justice. Together with section 2, it is a cornerstone of the European Communities Act and, like the rest of the measure, subject to appeal or amendment by Parliament if we choose.
11 Jan 2011 : Column 251
New clause 1 would restrict the exercise by the courts of their jurisdiction to interpret and address issues of EU law by ensuring that it does not extend to construction or interpretation by the courts of the nature or legal effect of parliamentary sovereignty.
Mr Redwood: Will the Minister tell the House that he wishes to assert parliamentary sovereignty and resist judicial incursions, even if he will not put that in the Bill?
Mr Lidington: Yes. I am an elected Member of Parliament. I did not campaign for many years to come here to hand over the powers and privileges of the House of Commons to unelected groups of any sort.
New clause 1 is ambiguous because the lack of a definition of parliamentary sovereignty may encourage the courts to intervene rather than discourage them from doing that. I also think that it is mistaken because the primacy of EU law in the UK legal system does not flow from section 3(1) but is addressed under section 2(4) of the European Communities Act. If the intention is to guard against any risk of our courts using European Court jurisprudence to undermine parliamentary sovereignty, I do not think that it would achieve its desired objective given its drafting.
New clause 4 refers to part 3, but its primary focus is clearly clause 18. In one sense, I support the new clause’s aim. We have made it clear that clause 18 is declaratory and does not alter the existing relationship between European and UK law, and that the rights and obligations assumed by this country on becoming a member of the EU remain intact. However, I am afraid that the Government cannot support the new clause, which implies that something in clause 18 could adversely affect the existing constitutional law on the sovereignty of Parliament in relation to European law. That is not the case. As hon. Members can imagine, we examined the matter carefully and took legal advice from the Foreign Office and elsewhere in Government. I therefore urge my hon. Friends not to press new clause 4.
Amendment 52, tabled by the official Opposition, need not detain us for too long. It is misleading because it implies that the ECJ has a role in determining how European law takes effect in this country. When the hon. Member for Caerphilly next refreshes his memory by reading the treaty, he might see that this is not a matter that falls within the ECJ’s jurisdiction. It is a matter for the UK courts, and no less a figure than Jean-Claude Piris, recently retired as head of the Council’s Legal Service, said in his evidence to the Committee that it is for each member state to determine the constitutional mechanisms through which it gives effect to the legal obligations arising from membership of the European Union.
The Government think that this amendment is not necessary. It is not necessary to take up additional parliamentary time through the process that the Opposition propose. In the event that there were to be a serious challenge to the authority and sovereignty of Parliament, I would expect that hon. Members, on both sides, would want an immediate statement from the Minister and an urgent debate, instead of waiting 12 months for an annual report, which is the only remedy that the hon. Gentleman proposes.
11 Jan 2011 : Column 252
In the coalition’s programme for government, we said that we would examine the case for a United Kingdom sovereignty Bill, to make it clear that in terms of European law ultimate authority remains with Parliament. Through clause 18, we are affirming and confirming that the status of European law in our legal order is dependent on a continuing statutory basis. That is a commitment that the Government believe it is right to put beyond any future speculation. The place where future UK law and future decisions about the authority of European law should be determined is in Parliament and nowhere else. I commend the clause to the House.
Mr Cash: I am very glad to see that the Prime Minister is in his place for these final moments. He and I have had some interesting correspondence. I thank all hon. Members who have participated in this debate, which included some brilliant speeches from my hon. Friends the Members for Harwich and North Essex (Mr Jenkin), for Hertsmere (Mr Clappison), for Aldridge-Brownhills (Mr Shepherd) and others.
In the brief time that I have left, I confirm that I will press amendment 41 and I would be astonished if anybody voted against it. However, I am certain that they will. The difficulty that they will then be in is that, although I will not move the other amendments because of a lack of time and because the issues have been encapsulated in the debate, I have demolished the argument put up against the amendment that the status clause should not be by virtue of a common law principle, both in respect of the academic arguments and of those that have been put forward by the Foreign Office in the explanatory notes. I have, I believe, demolished the argument relating to the question of parliamentary sovereignty, and I refer the Minister to the State Immunity Act 1978, which clearly deals with the question of the sovereign or other head of state in his public capacity. It is already in an Act of Parliament and, by the way, it is not defined, any more than “the rule of law” is defined in the Constitutional Reform Act 2005. It does not need definition: the statement and the principle stand.
The sovereignty of Parliament is inviolate, but requires to be reaffirmed, as the Prime Minister has repeatedly told us in the past, but unfortunately will not do through this Bill. With respect to the question about section 3, it eliminates the impact of the courts seeking to use the European Communities Act 1972 to achieve their objectives in relation to parliamentary sovereignty. The other provision in new clause 4 reaffirms the existing constitutional law on the sovereignty of the United Kingdom Parliament in relation to EU law, and I am glad that the Minister has said that he agrees with the sentiments, which I believe are justified.
Having said all that, I believe that we have had a thoroughly good debate, and that, above all else, we have proved our point. We know that we are not going to win the vote. The Labour party has completely reneged on its principles, as expressed by the leader of the party when he said that their rubbish amendment was a matter of principle in defending parliamentary sovereignty. He must be joking! The fact is that clause 18 does not defend parliamentary sovereignty either.
10 pm
Debate interrupted (Programme Order, 7 December ).
The Chair put forthwith the Question already proposed from the Chair (Standing Order No. 83D), That the amendment be made.
11 Jan 2011 : Column 253
The Committee divided:
Ayes 39, Noes 314.
[10.00 pm
AYES
Baker, Steve
Binley, Mr Brian
Bone, Mr Peter
Bridgen, Andrew
Campbell, Mr Gregory
Campbell, Mr Ronnie
Carswell, Mr Douglas
Chope, Mr Christopher
Clappison, Mr James
Cryer, John
Davidson, Mr Ian
Davis, rh Mr David
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Drax, Richard
Field, rh Mr Frank
Goldsmith, Zac
Henderson, Gordon
Hermon, Lady
Hollobone, Mr Philip
Hopkins, Kelvin
Kelly, Chris
Leigh, Mr Edward
Lewis, Dr Julian
McCartney, Jason
Nuttall, Mr David
Reckless, Mark
Redwood, rh Mr John
Shannon, Jim
Shepherd, Mr Richard
Skinner, Mr Dennis
Stanley, rh Sir John
Stringer, Graham
Tapsell, Sir Peter
Turner, Mr Andrew
Walker, Mr Charles
Whittingdale, Mr John
Wilson, Sammy
Wood, Mike
Tellers for the Ayes:
Mr William Cash and
Mr Bernard Jenkin
NOES
Adams, Nigel
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Bagshawe, Ms Louise
Baker, Norman
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
Barwell, Gavin
Bebb, Guto
Beith, rh Sir Alan
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bottomley, Sir Peter
Bradley, Karen
Brake, Tom
Bray, Angie
Brazier, Mr Julian
Brine, Mr Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Lorely
Byles, Dan
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Chishti, Rehman
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crouch, Tracey
Davey, Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Durkan, Mark
Edwards, Jonathan
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Farron, Tim
Featherstone, Lynne
Field, Mr Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mr Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Nick
Haselhurst, rh Sir Alan
Hayes, Mr John
Heald, Mr Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howell, John
Hughes, rh Simon
Huhne, rh Chris
Hunt, rh Mr Jeremy
Hunter, Mark
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kennedy, rh Mr Charles
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lancaster, Mark
Lansley, rh Mr Andrew
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Llwyd, Mr Elfyn
Long, Naomi
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Lumley, Karen
Macleod, Mary
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Karl
McDonnell, Dr Alasdair
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, Maria
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
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
Nokes, Caroline
Norman, Jesse
O'Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Opperman, Guy
Osborne, rh Mr George
Ottaway, Richard
Paice, rh Mr James
Parish, Neil
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Ritchie, Ms Margaret
Robathan, rh Mr Andrew
Robertson, Hugh
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
Shelbrooke, Alec
Simmonds, Mark
Skidmore, Chris
Smith, Miss Chloe
Smith, Julian
Smith, Sir Robert
Soames, Nicholas
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
Swayne, Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Teather, Sarah
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Wiggin, Bill
Willetts, rh Mr David
Williams, Hywel
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Norman Lamb and
Stephen Crabb
Question accordingly negatived.
11 Jan 2011 : Column 254
11 Jan 2011 : Column 255
The Chair then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83D).
Amendment proposed: 52, in clause 18, page 11, line 30, at end add—
‘(2) The Secretary of State shall prepare an annual report on the extent to which in the previous 12 months the provisions of subsection (1) have been challenged or questioned in the courts, including the European Court of Justice, identifying any challenge to the declaration contained in that subsection that the status of EU law is dependent on the continuing statutory basis provided by the European Communities Act 1972.
(3) The report made under subsection (2) shall be laid before Parliament for its approval.’.—(Mr David .)
Question put , That the amendment be made.
The Committee divided:
Ayes 217, Noes 330.
[10.17 pm
AYES
Abbott, Ms Diane
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Bayley, Hugh
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
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
Burden, Richard
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Gregory
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Crausby, Mr David
Creasy, Dr Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
David, Mr Wayne
Davidson, Mr Ian
Davies, Geraint
De Piero, Gloria
Denham, rh Mr John
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Evans, Chris
Field, rh Mr Frank
Fitzpatrick, Jim
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Griffith, Nia
Hain, rh Mr Peter
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hepburn, Mr Stephen
Hermon, Lady
Hillier, Meg
Hilling, Julie
Hodgson, Mrs Sharon
Hopkins, Kelvin
Hosie, Stewart
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Jowell, rh Tessa
Joyce, Eric
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Lloyd, Tony
Llwyd, Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCarthy, Kerry
McClymont, Gregg
McDonnell, Dr Alasdair
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Mr Alan
Mearns, Ian
Miliband, rh Edward
Miller, Andrew
Moon, Mrs Madeleine
Morden, Jessica
Morris, Grahame M.
(Easington)
Munn, Meg
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reeves, Rachel
Reynolds, Emma
Riordan, Mrs Linda
Ritchie, Ms Margaret
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruddock, rh Joan
Sarwar, Anas
Seabeck, Alison
Shannon, Jim
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Wicks, rh Malcolm
Williams, Hywel
Wilson, Phil
Wilson, Sammy
Winnick, Mr David
Winterton, rh Ms Rosie
Wood, Mike
Woodcock, John
Wright, David
Tellers for the Ayes:
Angela Smith and
Mr David Anderson
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Alexander, rh Danny
Amess, Mr David
Andrew, Stuart
Arbuthnot, rh Mr James
Bacon, Mr Richard
Bagshawe, Ms Louise
Baker, Norman
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barker, Gregory
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
Brake, Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Mr Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Lorely
Byles, Dan
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Chishti, Rehman
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crouch, Tracey
Davey, Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
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
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Farron, Tim
Featherstone, Lynne
Field, Mr Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mr Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gilbert, Stephen
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hancock, Mr Mike
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Nick
Haselhurst, rh Sir Alan
Hayes, Mr John
Heald, Mr Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Holloway, Mr Adam
Hopkins, Kris
Horwood, Martin
Howell, John
Hughes, rh Simon
Huhne, rh Chris
Hunt, rh Mr Jeremy
Hunter, Mark
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kennedy, rh Mr Charles
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lancaster, Mark
Lansley, rh Mr Andrew
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
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
Luff, Peter
Lumley, Karen
Macleod, Mary
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Miller, Maria
Milton, Anne
Mitchell, rh Mr Andrew
Moore, rh Michael
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
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Opperman, Guy
Osborne, rh Mr George
Ottaway, Richard
Paice, rh Mr James
Parish, Neil
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Hugh
Robinson, Mr Geoffrey
Rogerson, Dan
Rosindell, Andrew
Roy, Lindsay
Rudd, Amber
Ruffley, Mr David
Russell, Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Simmonds, Mark
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, Nicholas
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
Swayne, Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Tapsell, Sir Peter
Teather, Sarah
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Truss, Elizabeth
Turner, Mr Andrew
Turner, Karl
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Robin
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Stephen Crabb and
Norman Lamb
Question accordingly negatived.
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Clause 18 ordered to stand part of the Bill.
The occupant of the Chair left the Chair (Programme Order, 7 December).
The Deputy Speaker resumed the Chair.
Progress reported; Committee to sit again tomorrow.
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Business without debate
Delegated legislation
Motion made, and Question put forthwith (Standing Order No. 118(6)),
That the Export Control (Amendment) (No. 3) Order 2010 (S.I., 2010, No. 2843), dated 29 November 2010, a copy of which was laid before this House on 29 November, be approved.—(Mr Dunne.)
European Union Documents
Motion made, and Question put forthwith (Standing Order No. 119(11)),
That this House takes note of European Union Document No. 9231/10, Recommendation for a Council Recommendation on broad guidelines for the economic policies of the Member States and of the Union-Part I of the Europe 2020 Integrated Guidelines, and European Union Document No. 9233/10, Proposal for a Council Decision on guidelines for the employment policies of the Member States-Part II of the Europe 2020 Integrated Guidelines; and supports the Government’s engagement with the overall Europe 2020 Strategy which seeks to encourage the structural reforms needed to promote growth in Europe.—(Mr Dunne.)
Petition
Minimum Sentence for Murder
10.32 pm
Esther McVey (Wirral West) (Con): The petition has 833 signatures and states:
To the House of Commons,
The Petition of supporters of Families Fighting For Justice and others in Wirral, Cheshire, Merseyside,
Declares that the Petitioners are concerned about the wording of section 170 of the Ministry of Justice Green Paper, Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders, regarding the Schedule 21 of the Criminal Justice Act 2003, particularly the planned simplification to the minimum terms of life sentences which could result in changes to minimum sentencing.
The Petitioners therefore request that the House of Commons urges the Ministry of Justice to consider with severe caution any changes to Schedule 21 of the Criminal Justice Act 2003 to ensure that the length of minimum sentences for murder are not altered so as to reduce the term served.
And the Petitioners remain, etc.
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Benefit Entitlements (Joanna Cranfield)
Motion made, and Question proposed, That this House do now adjourn.—(Mr Dunne.)
10.34 pm
Mr David Amess (Southend West) (Con): In the Christmas Adjournment debate I raised the case of Joanna Cranfield and I asked the Deputy Leader of the House to bear in mind three specific issues concerning Miss Cranfield’s circumstances. I am delighted that during the period between my raising the case and tonight, one of those issues has already been dealt with satisfactorily.
Joanna Leigh Cranfield is a 17-year-old young lady who is an exceptional swimmer. She is an up-and-coming talent whom I very much hope will represent the United Kingdom in next year’s Paralympics. Joanna was born with her left lower arm and hand missing. Also, her left clavicle is short and twisted, which results in her having a dropped shoulder and a slight curvature of the upper spine. Despite all that, Joanna is, as one might expect, an extremely attractive and glamorous young lady. As a result of the challenges I have mentioned, Joanna suffers from repetitive strain syndrome in her remaining right hand and wrist from overuse. On top of those difficulties, she also suffers from a condition known as pump heel or foot spurs—an abnormal growth of the bone that in turn makes the tendon in her legs short and tight. For that condition, Miss Cranfield has had to undergo an operation to remove part of the deformed bone in her heel. Further to all those conditions, Joanna is under the care of Moorfields eye hospital for light-sensitive eyes and poor 3D vision, which results in her having trouble with depth perception and other abilities that healthy eyes grant, which most of us take for granted.
I am only too well aware that there are hundreds of everyday tasks that Joanna cannot do, but the things she can do she does exceptionally well. Her swimming ability is an example to every one of us and I repeat that I strongly hope she will represent us in next year’s Paralympics. She has achieved British records in the swimming pool at a number of different distances within the S9 category, including the 1,500 metres long course and short course, the 800 metres short course, the 400 metres short course and the 200 metres short course. She is a highly competitive swimmer in breast stroke, butterfly and back stroke. How anyone can do all that with one arm beggars belief, but Joanna can. She is a very talented swimmer, and I strongly hope that the Minister will intervene and have a word with our right hon. Friend the Secretary of State for Culture, Olympics, Media and Sport to see whether there is any way in which Joanna, with her particular talents, can be given some sort of funding. Also, if anyone out there has a little extra money in these challenging times and wants to help a Paralympian to achieve her goals, I hope they will help her.
Joanna has received numerous awards for sporting achievement. This year alone she was given the Paralympic hopeful award from the Essex Disability Sports Academy and was named the disability sports personality of the year 2010 in the Rochford district sports awards. Despite her remarkable sporting success, it is clear that Miss Cranfield has a disability that is a great hindrance to her everyday life. For the past five weeks, I have been
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able to use only one arm, which has presented all sorts of challenges that I had not anticipated. For a young lady such as Joanna, all sorts of tasks, such as grooming her hair and looking after her personal needs, will be jolly difficult. Having met Joanna and her mother on several occasions, the last thing that she wants to be perceived as is disabled. That said, if there is anything at all that can be done through my hon. Friend’s departmental responsibilities, Joanna and her family would be very grateful. I hope that our welfare system can help someone in Miss Cranfield’s position.
I understand all the arguments about the fact that there has to be a cut-off point, but why, on Joanna’s 16th birthday, were almost all the benefits that she received relating to her disability suddenly stopped? I would hope—again, I understand that there has to be a cut-off point, and when someone is 16, they can get married, fight for their country and all those things—that if under the system that is in place, funding has to stop, there would be other sources of funding to help her with her needs.
I return to my opening point, on which success has been achieved. Joanna had been awarded a blue badge and, without wishing to delay tonight’s debate, for all sorts of reasons she lost it when she turned 16. I had a number of exchanges with the Minister in the Department for Transport, more or less to no avail, but I have received a letter, dated 4 January, from Southend-on-Sea council that says that it has looked carefully at the legislation and has found that there is some leeway. I am delighted that Joanna has been awarded a blue badge, at least for the next three years, which is a cause for celebration. May I tell colleagues in other parts of the House that if Southend can do it, regardless of party politics, I very much hope that other local authorities will use the same leeway.
Jim Shannon (Strangford) (DUP): I acknowledge Joanna’s courage, what she is doing, her energy, ability and drive. It is obvious, however, that Government Departments need to be flexible. Is it the opinion of the hon. Gentleman, and perhaps of the House, that that should be the case? Not everything is black and white—there are in-betweens and grey areas, and this is clearly such a case.
Mr Amess: I am a Government supporter, and the hon. Gentleman slightly challenges me. All I would say is that the two letters I received from the Minister in the Department for Transport stuck to a pretty heavy briefing. I will not enlarge on that any further. However, I challenged the local authority on it, and I am delighted that it found a way through. This is not the responsibility of the Minister responding to this debate, so it would be unfair for me to unload it on her, but I am sure that she will pass the message on to the Department for Transport, because it is utterly ridiculous that Joanna should have been denied a blue badge. I pay tribute to Southend-on-Sea council for finding a way through, and now it is up to all other local authorities, if they experience stonewalling from the Department for Transport, to find a way through the guidance.
Since Miss Cranfield was two years old, she had a blue badge, which was suddenly taken away from her at 16, but I am delighted that it has been restored. She also received disability living allowance at the middle rate, amounting to £47.10 a week; mobility allowance at
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the lower rate, amounting to £18.65; and carer’s allowance, amounting to £53.10 a week. Since she turned 16, all that has changed, and Miss Cranfield now receives only £18.65 a week. The reason given by the Department for Work and Pensions to Miss Cranfield’s mother was that as she was now an adult, she would have to learn to deal with her disability. I do not think for one moment that the Department meant that in an unpleasant way; I think it was saying that she had reached an age at which she basically had to get on with her disability and try to cope with it. It was argued that the condition would no longer be a factor. Her mother seemed to have got the impression that somehow the Department was saying that the disability would go away.
When the Minister replies, she will no doubt say that Joanna’s mother had misunderstood the point being made. However, I should tell my hon. Friend that in her last visit to my surgery, Joanna’s mother asked whether the Department was expecting her daughter’s arm to suddenly grow back; obviously, that would be a ridiculous proposition.
At a tribunal held in January 2010, Miss Cranfield, as was quite proper, was submitted to an intensive interview by a doctor, an occupational therapist and a judge. After the hearing, they decided that Miss Cranfield was not entitled to any further benefits aside from the £18.65 per week that she was already receiving. The main point of contention during the tribunal was that Miss Cranfield does not wear a prosthetic arm.
Joanna cannot have a functioning prosthetic arm as she retains part of an elbow—a floating, pea-sized piece of bone. As a result, doctors are unable to fashion a prosthetic arm with a working elbow. As such, Miss Cranfield can have only an inanimate prosthetic arm with no functioning capabilities. Her mother has brought the arm along to show me. I suppose it is like something that we would see at Madame Tussaud’s; it looks very good, with lovely finger nails and all the rest of it, but it literally does nothing at all.
Miss Cranfield has been advised that if she was prepared to have more of her arm amputated, a more functional prosthetic arm could be made for her. However, I understand that the risks are quite high, with the possibility of infection leading to major complications. The Minister will understand that Joanna wants to represent us at the Paralympic games, so she does not want to risk that sort of operation.
At the tribunal, unfortunately, that point was focused on, with one interviewer—apparently; I was not there—accusing Miss Cranfield of not wanting to help herself as she does not wear a prosthetic arm. Her current prosthetic arm, which does not do anything, cost £2,500. It was also said at the tribunal that she should have the operation, but I am sure that the House will understand why my constituent does not want that.
Miss Cranfield has further problems in her efforts to learn to drive. As she has only one arm, it is essential that she drives an adapted vehicle while learning. That is very expensive and she comes from a humble family that does not have the money. Again, I say to my hon. Friend that this issue is all about aspiration, and here we have a 17-year-old who has great aspirations. She does not receive disability living allowance, and that means that the organisation Motability is unable to help
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her with the cost of buying an adapted car or to help her find a driving school that can meet her needs. Again, she has been clobbered doubly and her ambition has been frustrated.
It is vital that this young lady is given whatever help we can offer. She will, I hope, represent our country in the Paralympics next year and she deserves our full support because she is a very brave young lady. I ask my hon. Friend the Minister if she will review Joanna Leigh Cranfield’s case again to see if there is some sort of common-sense approach that could be taken—this is not a matter of special pleading—to ensure that Miss Cranfield receives the benefits to which she is rightly entitled. I also ask the Minister to look further at the guidelines, so that we can ensure that all people who have one missing limb are not forced to go through the degrading process that Joanna has experienced. If there are no further benefits to which my hon. Friend can direct Joanna, I would welcome her thoughts on other lines of funding that may be available to Miss Cranfield to help her live as normal a life as possible.
10.50 pm
The Parliamentary Under-Secretary of State for Work and Pensions (Maria Miller): I thank my hon. Friend the Member for Southend West (Mr Amess) for bringing to the attention of the House the achievements of his constituent Joanna Cranfield. By securing the debate, he has been able to shed light on her remarkable achievements as a role model for young people in this country through her work as a swimmer. I recognise many of the challenges that disabled people can face, and that is what makes Miss Cranfield a truly remarkable young lady. I am sure that all hon. Members will join me in wishing her every success as she aims to compete in the pool at the 2012 Paralympics. It seems that she has achieved such successes thanks not only to her talent but to the support of her family, and we should recognise that.
Margaret Curran (Glasgow East) (Lab): I should perhaps have intervened on the hon. Member for Southend West (Mr Amess). I am not sure whether his constituent Miss Cranfield will be representing England or Scotland. If it is England, may I say that Scotland also recognises her great achievements and truly wishes her well?
Maria Miller: I thank the hon. Lady for her intervention, which was well timed and well made.
However much we hope that Miss Cranfield will succeed in her sporting ambitions, I hope that hon. Members here this evening will understand that I cannot intervene to ask for any individual to be treated differently. Systems are in place to ensure that support is given fairly, and if an individual disagrees with a decision about the support they are awarded, they are given the opportunity to challenge it and ask for an independent appeal process to be undertaken.
The fact that this debate has been initiated illustrates a key concern about the disability living allowance and the widespread misunderstanding of how it is assessed. DLA is paid on the basis of the particular effects that a disability has on a person’s care or mobility needs in line with the Government’s very real commitment to the social model of disability. DLA is not paid because of a specific health condition. That approach enables decision
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makers who decide whether awards are made to take account of what can often be a complex set of health conditions that an individual may need to manage; my hon. Friend outlined the very complex set of conditions that his constituent faces.
I would like hon. Members to be aware that very important safeguards are in place to ensure that each case gets treated fairly on its merits. Such safeguards have been available to Miss Cranfield, although I am sure that hon. Members will understand that I cannot comment on the details of her case on the Floor of the House. When an award is made, people who are unhappy with a decision are fully entitled to have their assessment reconsidered by a different decision maker. That provides an opportunity for the case to be looked at afresh. If, after that review, an individual still feels that their case has not been treated in a satisfactory manner, they can ask for the decision to be considered by an independent appeal tribunal consisting of three members: a legally qualified chairman, a doctor and a person who has experience of the issues faced by disabled people, who may indeed themselves be disabled.
Jim Shannon: I think that everyone appreciates how DLA works, and the fact that it is based on the needs of the person and the need for help with all the everyday things in their life. Perhaps consideration needs to be given to the information given by the GP, the consultant and the families, which are key factors when it comes to making a decision. As I said earlier, this is not black and white: all the facts connected with an individual person have to be considered.
Maria Miller: I thank the hon. Gentleman for his intervention. He is absolutely right that those details need to be taken into consideration. Indeed, as part of the tribunal process an individual, and others, will have the opportunity to attend the tribunal and answer questions so that its members can hear first hand the real impact that a disability or a condition can have on that person’s day-to-day care and mobility needs—just the sort of thing that he outlines. If it is considered that the decision of the first-tier tribunal ignored any material facts, or that there was an error in law, the case can be referred to the upper tier for consideration.
Benefit rules are set out by legislation agreed by Parliament, and decision makers have to comply with legislation when considering an individual’s case. I am sure that Members will appreciate that it is entirely inappropriate for me, or indeed any other Minister or MP, to try to influence or intervene in cases going through those independent review processes.
My hon. Friend referred to the fact that Miss Cranfield was in receipt of DLA until she was 16, and then her case was reassessed. DLA benefit rules are different for children and adults, and the majority of DLA awards are reviewed at the age of 16, because as people move into adulthood they often learn to manage their disability differently. It is not unusual for a person’s care needs to change. Sometimes they significantly reduce, or they may increase, but they often change in some way and we need to take that into account. For children under 16 additional conditions must be met for DLA entitlement, so the conditions to which individuals are subject are different depending on whether they are below the age of 16 or above it. For children under 16, additional
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conditions will include the need for care, supervision or guidance when out of doors in unfamiliar places, which must be
“substantially in excess of the normal requirements of a child of the same age”,
“they have substantial requirements which would be expected of a younger child in normal health, but which wouldn't be expected in a child of their age”.
This case illustrates a number of drawbacks with the current DLA system. That is why we are so committed to reforming what we believe is an outdated benefit and replacing it with the personal independence payment, which is more clearly understood, more objective, and better focused on the disabled people who face the greatest challenges. We also propose to review entitlement more regularly so that disabled people can easily report changes that might affect their benefit entitlement. Currently, 140,000 people on DLA since 1992 have never had their claim looked at since being awarded the benefit. About 20% of all people on DLA have not had any contact with the Department in the past 10 years, during which their care or mobility needs could have changed significantly in either direction. We plan to introduce the new personal independence payment benefit in 2013-14. Crucially, the new scheme will include an objective assessment of individual needs, which is being developed in collaboration with independent health specialists, social care and disability experts, and of course, importantly, disabled people themselves.
My hon. Friend mentioned the blue badge. I am glad to hear that his local authority, which is responsible for assessing eligibility for the blue badge, has granted his constituent a blue badge at this stage, as it will be best placed to judge the local situation. I am pleased that at least that problem has been resolved.
The debate has highlighted a number of issues that affect disabled people, and I am grateful for the opportunity to focus on the positives, as well as the shortcomings, of the current system. The Government are committed to providing the support that disabled people, especially young adults, need to live active independent lives. I believe that we are putting the right support mechanisms in place to ensure that young adults can make a full contribution—not only through DLA reform but through other schemes such as the disabled students allowance, the disability employment adviser network in Jobcentre Plus, the disabled facilities grant, increased personalisation through right to control, and the access to work scheme. Also relevant to this case is the support provided to Paralympic athletes via UK Sport, which is investing nearly £10 million of public funds in Paralympic swimming for London 2012, from the national lottery and the Exchequer. The Government provide a network of assistance to young adults such as Miss Cranfield.
I have met colleagues across Government to ensure that we support disabled athletes as much as possible, particularly in the run-up to the Paralympics. I shall be happy to write, as my hon. Friend requested, to my counterpart at the Department for Culture, Media and Sport—although that is not the Secretary of State—to ensure that Miss Cranfield is aware of the full support available to athletes in her position. I hope that hon. Members will back the Government’s work to enhance the effectiveness of support for disabled people of all ages. Many of us feel strongly that Paralympians can be
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incredible role models for both disabled and non-disabled young people in our community. It is important that they receive the appropriate support to reach their potential and to do their best, not only in the Paralympics but in other events.
I conclude by wishing Miss Cranfield every success in the coming months leading up to the Paralympics, and by recognising the remarkable support that she has
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received from her family and the broader community in my hon. Friend’s constituency, which has helped her to achieve her goals. Above all, I hope that we will see her achieve her ambition of representing our country at the 2012 Paralympics. I wish her the best of luck.