Tuesday 14th May 2013

(11 years, 6 months ago)

Lords Chamber
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Lord Lang of Monkton Portrait Lord Lang of Monkton
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That an humble Address be presented to Her Majesty as follows:

“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.

Lord Freud Portrait The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud)
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My Lords, it is a privilege to open this debate today, the fourth day of the debate on the gracious Speech.

I am delighted to welcome the noble Lord, Lord Berkeley of Knighton, the noble Viscount, Lord Ridley, and the right reverend Prelate the Bishop of Winchester to this debate. I am sure that the whole House looks forward to their maiden speeches today.

I am also pleased to welcome my noble friend Lord Howe, who will be responding to the many views, proposals and reflections that we will hear today.

The gracious Speech sets out the Government’s dedication to delivering positive change to the United Kingdom. We set out our commitment to landmark reform on social care and pensions, which will reward those who work hard. We look to improve services for vulnerable children and support strong families. The gracious Speech also covered the topics of culture, agriculture, and energy: we put the consumer first while taking decisive action to deliver economic growth.

This Government are committed to reforming the welfare system so that it is fair and affordable while ensuring that the most vulnerable get the support they need. With major reforms such as universal credit, the Work Programme and the personal independence payment already under way, we are helping people to find work, making sure that work pays and focusing support on those with the greatest need.

We now look to the Pensions Bill to apply the principles of modernisation to state pensions, providing a system fit for the 21st century. The Bill, introduced last week, contains provisions to set up the single-tier state pension—a simple flat-rate state pension for future pensioners that is set above the basic level of means-tested support. This will provide the clarity that is needed to help people to plan and save for their retirement. We will create a state pension system that reflects the lives and contributions of today’s working-age people.

Indeed, those who have historically done poorly in the current system—for example, people with caring responsibilities or those with broken work histories—will benefit. In the first 10 years, more than 700,000 women should receive, on average, £9 a week more in state pension through the single-tier valuation.

As life expectancy continues to increase, we are taking action to ensure that the state pension system remains sustainable over the long term. The Pensions Bill will bring forward the increase in state pension age to 67 by eight years, so that it gradually increases from 66 to 67 between 2026 and 2028. The Bill contains provision for a regular review of the state pension age, so that this issue is considered every Parliament. This will ensure that the state pension age remains sustainable and fair between the generations.

The Pensions Bill also contains a number of measures to strengthen private pensions. We estimate that the introduction of automatic enrolment into workplace pension schemes will result in between 6 million and 9 million people either saving for the first time or saving more into workplace pensions. However, without further reform, automatic enrolment will create more dormant pension pots as people move jobs. Therefore, we are legislating to introduce a system of automatic transfers of small pension pots. This will help consolidate pension savings into an individual’s current employer’s scheme, making it easier for people to keep track of their pensions saving, plan for retirement and secure a better retirement income. Finally, the Pensions Bill will make provision for the introduction of the bereavement support payment. This will simplify the current system by moving to a single benefit, with support focused on the period immediately following bereavement.

Continuing on the theme of support, the Government recognise that today’s care and support system often fails to live up to the expectations of those who rely on it. Many have good experiences, but the system can often be confusing, disempowering and not flexible enough to fit around individuals’ lives. The Care Bill takes forward our commitments to reform social care. This will make a reality of our vision for a modern system which promotes people’s well-being. Critically, the Bill will reform care and support funding by creating a cap on care costs, giving people peace of mind by protecting them from catastrophic costs. In providing a new right to deferred payment of care costs, it will also ensure that people do not have to sell their home in their lifetime to pay for residential care

We will refocus the law around the person, not the service, empowering people to take control over their care and support, and to understand their entitlements. We will strengthen the rights of carers to access support and we will introduce a new adult safeguarding framework. We will deliver a number of crucial elements in our response to the findings of the Francis inquiry, which identified failures across the health and care system that must never happen again. We will introduce a ratings system for hospitals and care homes, and a single failure regime, and we will make it a criminal offence for providers to provide false or misleading information.

Therefore, this Bill is vital in delivering our commitment to ensure that patients are,

“the first and foremost consideration of the system and everyone who works in it”.

I am pleased that public consultation and pre-legislative scrutiny has demonstrated widespread support for the principles and approach to law reform in adult care and support. Indeed, my noble friend Lord Howe and I are very grateful to those present who have already provided helpful and detailed scrutiny in draft through a Joint Committee of both Houses.

I turn to legislation with which I am personally involved. I am delighted that the Mesothelioma Bill was introduced in this House last week. Diffuse mesothelioma is a cancer of the lining of the lungs or abdomen caused by exposure to asbestos. The Government will act in the interest of people with diffuse mesothelioma and will set up a payment scheme for eligible people who can show that they were negligently exposed to asbestos by their employer and cannot trace an employer and insurer. It will be funded via a levy imposed on insurers currently selling employers’ liability insurance.

I shall now refer to the remaining subjects to be covered in today’s debate on culture, agriculture, energy and education. The gracious Speech outlined measures that will contribute to the economic growth of the nation while also putting the consumer at the heart of what we do. I shall therefore begin with the water Bill. I am pleased that my noble friend Lord De Mauley will be taking this important matter through the House. The water Bill will help us to achieve a future where water is always available to supply households and businesses without damaging the environment. We seek reform that will offer choice and flexibility to customers and help to keep bills affordable. That is essential for our economy.

The water Bill will also contribute to economic growth by encouraging the water sector to become more efficient, creating employment for new entrants to the industry and driving innovation. All business customers will be able to switch their water supplier so that they can achieve the best service and tariff. We will make it easier for water companies to buy and sell water from and to each other. New businesses will find it easier to enter the water market to provide new sources of water or sewerage treatment services, known as “upstream” services. Developers will also find it easier to connect new developments to the water mains and sewerage systems. We believe that this Bill is also the best vehicle for taking measures to address the availability and affordability of flood insurance.

The Gambling (Licensing and Advertising) Bill will enhance protection for consumers. An estimated 80% of remote gambling activity by British consumers takes place with operators that the Gambling Commission does not regulate. The Bill will change this. All operators selling or advertising into the British market, whether from here or abroad, will be required to hold a UK Gambling Commission licence. Under the new regime, all remote gambling operators will be subject to the robust and consistent regulation required to support action against illegal activity and corruption in sport. They will be required to contribute to research, education and treatment in relation to British problem gambling and to comply with licence conditions that protect children and vulnerable adults.

I turn now to children and education. The Children and Families Bill will continue its journey through Parliament, taking forward the Government’s commitments to improve services for vulnerable children and support strong families. It takes forward critical reforms to our adoption, family justice and special educational needs systems. It will support improved educational attainment for looked-after children and strengthen the role of the Children’s Commissioner so that children have a strong and independent advocate for their rights. It introduces a new system of shared leave for new mothers and fathers and contains measures to encourage growth in the childcare sector. I am grateful to noble Lords on the Joint Committee on Human Rights and the Select Committee on Adoption Legislation for the important contribution they have already made during pre-legislative scrutiny of the Bill. It is currently receiving thorough scrutiny in the House of Commons and we look forward to many expert contributions from across this House when it reaches us.

In addition, I am pleased that paving legislation will be introduced through this Bill to enable HMRC to develop the new tax-free childcare scheme that was announced by the Prime Minister and the Deputy Prime Minister in March. This will provide up to £1,200 per child. A further £200 million will be made available for those receiving universal credit, which is equivalent to covering 85% of childcare costs for households qualifying for the universal credit childcare element where the lone parent or both earners in a couple pay income tax.

Lastly, the Energy Bill will also be carried into the 2013-14 Session. This Bill will generate the biggest change to the electricity market since privatisation. It will deliver secure, clean and affordable electricity and ensure that prices are fair. It will attract the £110 billion investment that we need in this decade alone to replace our ageing energy infrastructure with a more diverse and low-carbon energy mix and respond to an increased risk to security of electricity supplies as a large proportion of our existing capacity comes offline.

Investment in new low-carbon generation and reliable capacity will significantly boost economic growth, generating skills and expertise and supporting up to 250,000 jobs across the energy sector, while also helping us to meet our ambitious climate and renewable targets to build a cleaner energy future for Britain and the world. These reforms will work with the market and encourage competition to minimise costs to consumers and deliver the investment the UK needs. We are also using the Energy Bill to ensure that all households get the best deal for their gas and electricity, putting consumers in the driving seat, giving them clear choices, and incentivising companies to compete hard for their custom.

I believe that the measures I have discussed today make a real contribution to delivering positive change and boosting economic growth. I look forward to the balanced and informed debates that will take place over the coming months on this legislative programme, alongside the wisdom and experience that will be shared today. I welcome the contributions of all who are to take part in this debate.

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Earl Howe Portrait The Parliamentary Under-Secretary of State, Department of Health (Earl Howe)
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My Lords, it is one of the glories of the debate on the gracious Speech that it engenders a wealth of varied and expert contributions from all quarters of the House. Correspondingly, it falls to the lot of the responding Minister to try to do justice to those contributions. Because of the large number of speakers today and the limited time available to me, I hope that noble Lords will understand if the justice that I do is of a rather rougher nature than I would ideally like, but I undertake to respond in writing to those noble Lords whose questions I have been unable to cover.

I cannot, however, omit to compliment our three maiden speakers on their contributions, which so lit up this debate—the noble Lord, Lord Berkeley of Knighton, on the economic and wider societal benefits of music and the arts; my noble friend Lord Ridley on the importance of affordable energy to economic growth; and the right reverend Prelate the Bishop of Winchester on religious education and social well-being. The right reverend Prelate has asked me to say that he has been called back to his diocese on a very urgent matter. The House listened with admiration to all three, and we look forward to their participation in our proceedings in future.

It is perhaps natural for me to begin with the Care Bill. I was grateful for the welcome accorded to the Bill by a number of speakers. As those noble Lords have highlighted, the Care Bill is essential to achieve a modern, clear and fair legal framework for care and support. There are issues which we shall doubtless debate in Committee. The noble Lord, Lord Hunt, questioned why the cap on care costs in the Bill was set at £72,000. Of course, that is the equivalent of £60,000 in 2010-11 prices, when the Dilnot commission reported. Simply, the cap is set at that level to strike a balance between protecting social care users and public affordability. The same principle will apply to national minimum eligibility criteria, which were raised by several noble Lords, including the noble Lord, Lord Northbourne, and the noble Baroness, Lady Greengross, and which will be published in draft following the announcement of the spending review settlement on 26 June.

The noble Baroness, Lady Wheeler, raise the issue of overall funding of social care. I would like to believe that she does not begrudge what we have done. We have sought to prioritise adult care and support. This year, the NHS is transferring funds of £859 million to support adult social care services, which also have a health benefit. Alongside that, we have seen examples of local authorities redesigning services to find more efficient ways of using scarce resources.

A number of noble Lords, including my noble friend Lady Jolly and the noble Lord, Lord Hunt, raised the issue of young carers. Both departments—of health and for education—are working closely with carer organisations and young carers themselves to consider how they can best be supported through legislation and other means. We do not, however, believe that the adult statute is the right place to make provision for children. The boundary between legislation for children and for adults ensures an appropriate distinction between what is expected of adults and of children.

The noble Lord, Lord Patel, raised the issue of free social care at the end of life. I hope that he will understand if I say simply at this juncture that I note that that idea has merit, as the Joint Committee on pre-legislative scrutiny concluded. The noble Lord, Lord Morris of Handsworth, and the noble Baroness, Lady Pitkeathley, both raised the Ready for Ageing? report by the Select Committee on Public Service and Demographic Change. I thank the Select Committee for its thorough report, and the Government will respond in due course.

The Care Bill also sets out critical elements of the Government’s response to the findings of Robert Francis QC, which are vital to delivering our commitment to ensuring that patients are,

“the first and foremost consideration of the system and everyone who works in it”.

In that context, the noble Lord, Lord Hunt, questioned why we are not merging Monitor and the Care Quality Commission. The answer is that those bodies have different functions. The Care Quality Commission’s need to address quality and highlight features of care should not be conflated with Monitor’s responsibility to oversee the turnaround of failing NHS providers.

The criminal offence of providing false and misleading information was also raised. Perhaps I need to make clear that it applies to all care providers. However, as the Francis report identified that distortions to mortality rates are most significant, we plan to limit the application of the offence through regulations to provision of this kind of information.

On the issue of criminal sanctions for individuals, there are already existing routes for prosecution through the Health and Safety Executive, the corporate manslaughter Act and the laws of negligence. In future, when the new Chief Inspector of Hospitals identifies criminally negligent practice, they will refer the matter to the Health and Safety Executive to consider whether prosecution is necessary.

The lack of reference to minimum alcohol pricing and standardised tobacco packaging in the Care Bill has been mentioned by a number of noble Lords, including the noble Baronesses, Lady Jones of Whitchurch and Lady Morgan of Drefelin, and the noble Lords, Lord MacKenzie of Culkein and Lord Patel. Introducing either of these measures would be very significant. We are actively looking at them both but we are determined to take the time to consider all the available evidence, rather than rushing to legislate. I look forward to further debates on the issues covered by the Care Bill with the many noble Lords who are expert in these areas.

On other health issues, my noble friend Lord Colwyn raised dental foundation training. My figures are that in this year’s recruitment, only 33 out of 1,000 applicants failed to secure dental foundation training places. We are committed to improving the process but this is a competitive process open to others including, noticeably, EU graduates. The noble Lord, Lord Turnberg, raised the issue of early identification of dementia. The Government are introducing a new enhanced service as part of the GP contract for 2013-14, rewarding practices for early identification of dementia. My noble friend Lady Barker asked about social enterprises. The Department of Health’s Social Enterprise Investment Fund has invested almost £110 million in 650 organisations, while over 10% of community health services are now provided by social enterprises through the “right to provide” programme.

The noble Lord, Lord Patel of Bradford, spoke powerfully about mental health. We are investing over £400 million to give thousands of people, in all areas of the country, access to NICE-approved psychological therapies. The mandate to NHS England makes clear that “everyone who needs it” should have,

“timely access to evidence-based services. This will involve extending and ensuring more open access to the Improving Access to Psychological Therapies … programme, in particular for children and young people, and for those out of work”.

Finally on health, the issue of charges for migrants was raised by a number of noble Lords, including the noble Lord, Lord Hunt. Such charging was actually welcomed by the shadow Secretary of State for Health in yesterday’s debate in the other place. Our approach is simply to ensure that everyone who uses NHS services contributes. We are seeking to do that in a way that will be simple for services to be provided and will be consulting on the details in the summer.

Just as care and support needs reforming, so fundamental reform to state pensions is vital in order to have a system fit to meet future challenges. This is taken forward by the Pensions Bill. The single-tier pension will deliver simplicity, introducing a flat-rate state pension for future pensioners that is set above the basic means test to provide a clear foundation for retirement. I thank the noble Baronesses, Lady Hollis and Lady Drake, and my noble friend Lord Stoneham for their words of support for these crucial reforms. The noble Baroness, Lady Hollis, stressed the need to consider healthy life expectancy when looking at state pension age. The Pensions Bill introduces a regular review of the state pension age. The guiding principle of that review will be that individuals should spend a given proportion of their lives drawing a state pension but other factors are important. An independently-led body will consider and report on other relevant factors, which could include variations in healthy life expectancy and regional variations in life expectancy.

My noble friend Lord Stoneham remarked on the difficulty of the ending of contracting-out for defined benefit schemes as a consequence of these reforms. The Government recognise that this is the case; that is why the Pensions Bill contains a statutory override to help employers make any necessary changes. The noble Baroness, Lady Drake, spoke of the importance of the single-tier pension in a world where employees will be automatically enrolled into workplace pension schemes. She mentioned the importance of the single-tier pension retaining its value relative to earnings. The Pensions Bill includes provisions which mean that the single-tier pension will be annually uprated by at least earnings.

I shall turn briefly to the water Bill. The water industry has come a long way since privatisation, using private sector investment to deliver major improvements in infrastructure and the environment, but we are now facing unprecedented pressures on our water resources as a result of growing population and changing weather patterns. Doing nothing is not an option. The noble Lord, Lord Hunt, suggested that the water Bill fails to deal with public affordability. However, the Bill will increase resilience, efficiency and innovation in the water sector, which will keep customer bills affordable. My noble friend Lord Redesdale raised sustainability. Ofwat has had a statutory duty to contribute to the achievement of sustainable development since 2003. We are supplementing this by introducing a new primary duty to secure the long-term resilience of our water services.

On issues around culture and media, I agree with my noble friend Lord Clement-Jones regarding the importance of creative industries and the contribution of arts and culture to our society. The noble Lord, Lord Berkeley of Knighton, talked of the excellent returns of investment in the arts. The Government are committed to the creative industries as a vital part of our strategy for growth.

I shall conclude with remarks on two Bills carried over from the previous Session. The Children and Families Bill will transform the system for children and young people with special educational needs, reduce delay in the adoption system and reform childcare to ensure the system focuses on providing safe, high-quality care and early education for children. A number of noble Lords, including my noble friends Lady Barker, Lady Jolly and Lord McCall and the noble Baroness, Lady Massey, raised issues which demonstrate their real expertise in this area. The noble Earl, Lord Listowel, my noble friends Lord Storey and Lady Walmsley and other noble Lords raised the important issue of childcare. We strongly agree that we need to do more to encourage high-quality, better paid professionals in the sector. Our proposals will help to attract more talented people into the profession by making it easier for providers to pay better wages. I hope I can offer some reassurance. The Government’s proposed new ratios bring us into line with practice in countries such as France and the Netherlands, both of which operate with less restrictive ratios combined with better qualified and better paid professionals. We want to give providers in this country these same freedoms to improve the quality of staff. The new ratios will be available only to those providers who employ highly qualified staff. We have consulted on the qualification thresholds and are considering the responses. We will be publishing the response soon.

As the noble Lord, Lord Puttnam, so rightly said, nothing has more impact on children’s achievement than the quality of teaching they receive. My right honourable friend the Secretary of State for Education is raising the bar for new teachers, supporting existing teachers to improve and creating teaching schools which model and share outstanding practice. In response to the noble Lord, Lord Griffiths, I must stress that our ambitions and these critical improvements are for all children and all schools. The steady stream of applications to set up new free schools demonstrates the continuing demand from parents for a greater choice of schools within their communities. The success of the academies programme is something for which the Government do not apologise. We make no apology for our investment in a programme which is proven to drive up standards and make long-term school improvements. We want as many as possible to take advantage of the significant benefits that academy status brings.

The noble Baroness, Lady Billingham, and the noble Lord, Lord Hunt, spoke of the importance of the Olympic legacy in schools. We entirely agree that we must harness the sporting spirit of 2012 for all our young people. That is why the Department for Education is providing £150 million per year and reintroducing competitive sport into the heart of the curriculum. By doing that, we can achieve an Olympic legacy in our schools of which we can be proud.

A number of noble Lords spoke about the review of the national curriculum. The noble Lord, Lord Northbourne, and the noble Baroness, Lady Massey, are concerned that the breadth of education is important. The right reverend Prelate the Bishop of Winchester raised the importance of religious education in schools, my noble friend Lady Miller asked about the teaching of nutrition and my noble friend Lady Benjamin highlighted the importance of Shakespeare. The aim of the curriculum review is to enable a focus on the essential subject knowledge that all young people should acquire to be educated citizens while freeing up teachers to use their professional judgment about what to teach beyond that core and how to teach in a way that will inspire and challenge their pupils.

Finally, the Energy Bill seeks to reform the electricity market by ensuring security of supply, reducing our emissions by transition to low-carbon generation and doing all of this at the lowest cost to the consumer. I am grateful for the contributions of many noble Lords more expert than I in this area, including my noble friend Lord Jenkin of Roding. The noble Lord, Lord Oxburgh, and my noble friend Lord Crickhowell raised the slow progress of energy reforms. These reforms are complex and it takes time to work through them with stakeholders. Therefore I hope that the Energy Bill will progress quickly through your Lordships’ House.

The issue of shale gas was raised by a number of noble Lords, including my noble friend Lord Ridley. The Government have set up the Office for Unconventional Gas and Oil. In the Budget, the Chancellor announced plans to incentivise shale gas development in the UK.

The noble Lord, Lord Donoughue, questioned the scientific orthodoxy on climate change. The Government are committed to implementing the Climate Change Act 2008. This commits us to reducing greenhouse gas emissions by 80% by 2050. It also sets the long-term framework for planning about which my noble friend Lord Redesdale is rightly concerned.

It is a pity that I do not have time to respond to many of today’s excellent contributions, including those of my noble friend Lord Bridgeman, the noble Lord, Lord MacKenzie, on nursing, the noble Lord, Lord Touhig, on autism, the noble Lord, Lord Noon, on higher education, and the noble Lord, Lord Best, and my noble friend Lord Kirkwood on housing. I could name many more. However, in such a relatively short speech, it is challenging to do justice to a debate of this diversity and length. As I mentioned, where possible I will write in response to other questions that were put today. I look forward to future debates on all the measures announced in the gracious Speech and I commend the programme to the House.

The debate adjourned until Wednesday 15 May.