Welfare Reform Bill

Debate between Baroness Hayter of Kentish Town and Lord McAvoy

Thursday 3rd November 2011 Grand Committee

[Baroness Hayter of Kentish Town]

My Lords, I support this amendment. As has been stated, the WCA is about deciding whether a claimant has limited capability, either for work or work-related activity. As the noble Baroness, Lady Howe, said, there is no definition in the Bill, nor indeed in regulation, about what is meant by “work”. This is particularly important for those with fluctuating conditions, who are, at different times, both fit for work and incapable of work within the same month. We already know that, apart from any assessment, people with unpredictable fluctuations find it difficult to obtain employment or to keep it. This is partly because of their previous work records, partly if any of these fluctuations occurred during a probation period, and partly if they are honest and open with a potential employer.

It goes without saying that we support the principle of helping all those who are able to work to do so, but I am concerned about the apparent drop-off in the number of new customers helped by the Access to Work scheme, which has gone down to 13,240 compared with 16,520 in the previous year—a fall of nearly a quarter. It would be interesting to know what is thought to be the reason behind that, because it is an important way of helping people into work.

The really important word in this amendment is “sustainable”. Sustainable employment is defined as 15 or 16 hours a week and on a basis probably of 26 weeks. This amendment is particularly important, as the Government are proposing that regulations about defining capability for work or work-related activity are to be subject only to negative resolution procedure and thus with no opportunity for debate.

We have had a note which states that the Government’s intention is that regulations made under subsection (3) will set out the detailed circumstances and descriptors used to determine limited capability for work and limited capability for work-related activity. These regulations will be based on the Employment and Support Allowance Regulations 2008 and the subsequent amendments contained in the Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-related Activity) (Amendment) Regulations 2011 and any other changes to the ESA provisions before the introduction of UC in 2013.

We understand that the Government are undertaking further work to develop a supplement to the assessment to accurately identify individuals with enduring health conditions that limit their long-term ability to fully provide for themselves through work. However, regulations under Clause 41, which are also subject to the negative resolution procedure, will define the meaning of “work”. Given that this is another area where we remain unclear of the Government’s plan, it will be particularly important to have assurances about how people with fluctuating conditions are to be protected.

[Lord McAvoy]

My Lords, as a former Member of the other House with experience of constituency cases and organisations, I could not sit silent during this debate. I fully support the point outlined by the noble Baronesses, Lady Howe, Lady Wilkins and Lady Grey-Thompson.

Not referring to a GP when there is a fluctuating illness results in Atos taking a hard line. As I have said before, I am not one of life’s social liberals, but the line taken by Atos on too many occasions has been unfair and there has often been a bit of bother in trying to sort it out. This causes fear and apprehension, not only among the less able bodied but also among the able bodied who are not particularly articulate when they face Atos and its people. I hope notice is taken of the circumstances illustrated by my colleagues today because it is wrong that there should be that fear.

I know that the media, as is their wont, take some cases, pile into them and get stuck into government and organisations such as Atos to highlight obvious unfairness, but there is enough experience in the department and among Ministers to counteract that. However, there is something in the amendment. The Minister can take it away, look at it, amend it or alter it, but I sincerely hope that he takes notice of it and does not dismiss it.

Parliamentary Voting System and Constituencies Bill

Debate between Baroness Hayter of Kentish Town and Lord McAvoy

Monday 6th December 2010 Lords Chamber

[Lord McAvoy]

My Lords, I support my noble friend’s amendment. It gives me, and others, another chance to state yet again that, apart from the occasional speech, I do not find any great resistance among the Labour ranks to the actual fact of holding a referendum. There will be people who are very principled against it and I respect that. However, it has to be judged against the majority. I do not think that my noble friend’s amendment is a destructive or wrecking amendment, designed to defeat the Bill and bring the Government into chaos—although it would not take much, right enough. However, that is another story. The timing of the Bill in relation to other matters this week might split this collaboration Government. Supporting this amendment does not necessarily mean being against the referendum. I would look forward to a referendum and would participate strongly against AV. That is everybody’s right if and when it happens. I make it clear again, especially for the benefit of the Liberal Benches, that I am not against the referendum. Let the people speak and I will do my best to influence them.

Mention has been made of Scotland. The noble Lord, Lord Tyler, yet again aggressively mentioned what happened in Scotland. Frankly, you would need to have been there to see the shambles. It has been indicated that this is a simple thing. There was a sly reference, suggesting that, by expressing doubt about the efficacy of the referendum, we are somehow casting aspersions on our own people. The Scots are pretty good at insulting other people; we are not too bad at insulting our own as well, but do not let anybody else insult us. One had to be there in May 2007. I spoke about this last week so I will not go into too much detail about it.

I find myself being tempted down the road of dealing with the Liberals again so I will spend just a minute on them. The noble Lord, Lord Tyler, uses the word “internal” about this debate. My God, this is only a very early stage. Last week, when we discussed the first group of amendments, the only Liberal who spoke was the noble Lord, Lord Rennard. The Liberal Benches were otherwise silent. There was no participation, scrutiny or involvement and there were no interventions—nothing. Is that what this House is here for? There might have been an occasional intervention but they were so fleeting that I do not remember them. I see the noble Lord, Lord Tyler, indicating disagreement. I did not hear or see much involvement from the Liberal Benches last week. I think there was one intervention from the Conservative Benches from the only noble Lord who happened to be there at the time—the noble Lord, Lord Hamilton. If this House is a revising Chamber, as I strongly believe it is, where was the participation? The Liberal Peers should look to their own house on that.

There was no consultation with the devolved Assemblies on holding the referendum on the same day. Before I am accused of repetition, that cannot be said often enough or sincerely enough to get across to the Government just how insulting that is held to be in Scotland. There was no consideration, no consultation and no involvement. Scotland was somehow tagged on as though it was a type of poodle at the end of Westminster. I say that although I am no Scot nat. It has been badly handled and it indicates what has been disregarded in the rush.

The noble Lord, Lord Fowler, made some points; frankly, they could be telling. I do not dismiss in any way what he said. They are relevant matters, worth discussing. However, they are made inoperable in this sense. I have here the business and minutes of proceedings for this House. The forward business for Monday 20 December of this year—not next year—says that it is expected that the Committee stage of the Parliamentary Voting System and Constituencies Bill will conclude. That is the rush to judgment, referred to by several of my noble friends, which we could all collectively regret, although I hope not. I do not want to cite the Dangerous Dogs Act, which many noble Lords will recall. However, in response to the noble Lord, Lord Fowler, the rush to judgment is dangerous and it should not continue.

My noble friend Lord Rooker has mentioned the lifeboat syndrome, and that is right, because this amendment would give the Government a chance to think again. I keep coming up against a brick wall in the sense that the logical, rational side of me cannot grasp why there is this rush to legislate—a 300-page Bill being rammed through the House of Lords in a matter of weeks. Then the politician in me asks, “Why? There’s got to be a reason”. And once again we come up against the reason: the reason is political expediency. The Conservative side of the collaboration Government are desperate to get their boundaries Bill, and the Liberal part of the collaboration Government are desperate to get a referendum Bill to save their party from destroying itself even more than it is going to do this week. That is political expediency and it is to be regretted. I hope there is a legitimate response to the amendment of my noble friend Lord Rooker.

[Baroness Hayter of Kentish Town]

My Lords, I would like briefly to follow up the wise words of the noble Baroness, Lady Oppenheim-Barnes, when she asked the question: how important is this? It seems to me that the time taken for debate is a reflection of how important we think this issue is—although I dare say she and I would have perhaps agreed a generation or two ago on behalf of the suffragettes, had our predecessors moved more quickly to give them the vote. It seems to me that, on this issue, we need a thorough discussion about systems of voting and a consideration of how important this is with regard, for example, to elected police commissioners. I am unsure exactly what—