Oral Answers to Questions

Baroness Keeley Excerpts

Monday 12th May 2014 Commons Chamber

[Anna Soubry]

My hon. Friend raises a good point. The Big Lottery Fund effectively provides the funding and has worked with the Royal British Legion to make sure that the money available will include, most notably, the high cost of insurance. If there is any difficulty, I am sure that my hon. Friend will come to see me about that, because it is imperative that there are no bars to our great veterans being able to attend these D-day commemorations.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

19. This 70th anniversary might be the last chance to celebrate with veterans what they did in fighting on D-day, given that there are fewer of them and it is harder for them to travel. As it is so vital to recognise the service and sacrifice given on D-day, can more be done to support veterans and their families in attending various events in this country? So many of them will find it hard to travel to Normandy.

[Anna Soubry]

I am absolutely assured that everything has been done with all the relevant authorities that one would expect to be done to ensure that our veterans can attend. The funding allows family members, carers and supporters, not just the veterans, to attend. That is presumably why 500 veterans have already told us that they are attending, with 4,000 of their carers and friends. There has been some publicity about a form that people have to fill in. They do have to fill in a form, of which I have seen a copy, and it is very sensible. It is not lengthy or complicated, and it will provide us with excellent information so that we can ensure that our veterans take a full part in the commemorations. Unfortunately, as we know, for many of them this may be their last opportunity.

--- Later in debate ---

[Paul Burstow]

Listening to the hon. Member for Copeland (Mr Reed), it struck me that the Care Bill could be described as a Bill that was full of ideas that were proposed by the Labour party when it was in government, but was a modest measure. In some ways, I find those two positions contradictory, unless of course the last Government were not the bold, revolutionary Administration whom they often told us they were when they were in office. If we are indeed in a zombie Parliament, that is characteristic of the languid nature of opposition offered by the Labour party.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

rose—

[Paul Burstow]

I hope the hon. Lady will forgive me, but I will make some progress, just as the hon. Gentleman did earlier.

Amendment 11B concerns the Human Rights Act, and I thank Ministers for keeping an open mind and for listening seriously to the concerns raised by Lord Low and others, and to me and other hon. Members who were concerned that an opportunity was being missed to close a gap. Legislation under the previous Government partially but not completely closed the gap, as a result of which those cared for in their own homes did not have the benefit of Human Rights Act protection. The amendment, which was agreed without a vote in the other place, gives that protection. It is the end of a story of seven years of dealing with a gap in the law that was opened by a court judgment. I am grateful that, notwithstanding the difficulties of our bicameral parliamentary process, it has worked at its best on this occasion, because it has meant that concerns raised through the Joint Committee that I chaired, through the Joint Human Rights Committee’s report and by Members in the other place, have now been comprehensively addressed.

Having said that, will the Minister confirm that a person who avails themselves of provisions in the Bill that allow them, as a self-funder, to ask their local authority to arrange their care at the point at which they start to benefit from the means-testing arrangements, and therefore have some support from the local authority, will then be covered by the Human Rights Act?

I would also like to thank the Minister for listening carefully to what has been said at each stage in the passage of the Bill, in both Houses, in respect of the trust special administration regime. It is important to emphasise that the approach set out by the previous Labour Government recognised that trust special administration was a last resort. Earl Howe has emphasised that in the other place. He was very clear that there are powers available to the Trust Development Authority and to Monitor to intervene as necessary in order to avoid trust special administration ever being triggered in the first place. I commend to Members the passage in House of Lords Hansard in which he sets out clearly all the steps that would need to be taken:

“Trust special administrators would be appointed—and I make this point emphatically—only when all other suitable processes to develop sustainable, good healthcare have been exhausted.”—[Official Report, House of Lords, 7 May 2014; Vol. 753, c. 1496.]

It is worth picking up on the point made by the hon. Member for Copeland. Having been given the opportunity to chair a committee looking at the guidance, I think that some of the points he made in his amendments today are exactly the sort that ought to be given proper consideration in the guidance. I hope that he, other Front Benchers, and indeed other hon. Members who have experience of the only two trust special administration processes that have taken place to date, will offer the committee their views and insights so that we can ensure that the advice we give the Government on guidance is as good and as clear as possible.

As was made very clear in the other place, we are not talking about a power that will effectively enable a wholesale reorganisation of the health economy. The Bill is very clear that this is about those matters that might require necessary and consequential changes. The amendments that were agreed in the other place, without a vote, make it clear that the essential services of trusts that find themselves drawn into a trust special administration process will be a proper consideration in the decision-making process.

It is curious that the Labour party now seems to want us to look at access in a different way from the way in which the trust special administration process that it put in place provided for. In other words, why was there no test on access with regard to the trust that was in special administration under its arrangements? Why did that not matter then but does matter now?

I think that the Government have listened very closely to what has been said and changed the Bill in a way that reflects the concerns that I described on Report. We will have the chance to comment further on the guidance—I hope that the hon. Member for Lewisham East (Heidi Alexander) and others will offer input into that—which will give us another opportunity to ensure that it is as tight and effective as possible on those very rare occasions when it is used.

I hope that consideration of the Bill will be concluded today and that it will make the difference to well-being, as a central principle, and to parity between those who receive care and those who give it. That is what the Bill does, and they are great things, and it is about time that they were on the statute book.