Children: Child Protection

Baroness Howe of Idlicote Excerpts

Thursday 22nd November 2012 Lords Chamber

[Baroness Stowell of Beeston]

My Lords, perhaps the best way of responding to my noble friend is to refer to a very powerful speech that my right honourable friend the Secretary of State for Education, Michael Gove, made at the end of last week, in which he set out very clearly our great concern about child abuse. He said that although all Governments have tried hard to tackle it, the state is currently failing in its duty to protect children. He made various statements in order to provoke debate and discussion. One of the areas that he focused on was accountability, the structures that are in place and the different roles for different people. He did not refer specifically to the children’s commissioners, but I know that because he feels so strongly about this matter, as we all do, he is very open to proposals which would lead to a greater and more effective approach to dealing with child protection.

[Baroness Howe of Idlicote]

Does the Minister agree that the police are regarded as not being sufficiently effective in this area? Will she ensure that the new police and crime commissioners have this issue as a top priority?

[Baroness Stowell of Beeston]

As the noble Baroness may recall, when I recently answered a Question about the role of police and crime commissioners with regard to dealing with various different kinds of abuse, I had the opportunity to make the point that there is a clear statutory requirement on the police to ensure that they safeguard the welfare of children. This is a very important matter and a priority. Under the heading of child abuse—other noble Lords may wish to ask about this—there are things to do with child exploitation, which is a specific issue within child abuse. If that is what the noble Baroness is referring to, after the recent government review on this, CEOP has taken the lead in ensuring greater training of the police in the area of child sexual exploitation, and that is being rolled out in all police areas in the country.

Equality: EC Policies on Women on Corporate Boards

Baroness Howe of Idlicote Excerpts

Wednesday 17th October 2012 Lords Chamber

[Baroness Stowell of Beeston]

My noble friend is absolutely right. The case for women in senior positions, whether they are executive or non-executive, is clear. Women account for nearly half the workforce and women outperform men educationally at every level. We are also responsible for about 70% of household purchasing decisions so it makes sense to have women in positions of authority in the corporate world.

[Baroness Howe of Idlicote]

My Lords, does the noble Baroness agree that a great deal of credit should be given to all sides of the House for encouraging more women in executive positions? Would she also agree that encouraging more boards to make flexible arrangements for men to work will increase the numbers of women who also have family responsibilities and are likely to come through to top executive positions?

[Baroness Stowell of Beeston]

The noble Baroness makes an interesting point. The sooner employers think about the flexible arrangements to which she refers in the context of men as well as women, the more quickly women will be seen not as a special case but as what they rightly are—equal in terms of ability, and the type of people that we want in those positions.

Child Support Maintenance Calculation Regulations 2012

Baroness Howe of Idlicote Excerpts

Monday 15th October 2012 Grand Committee

[Baroness Howe of Idlicote]

My Lords, because the noble Lord, Lord Kirkwood, and the noble Baroness, Lady Sherlock, have covered almost all the points I was going to make, I shall be very brief. It is estimated that the new system will lose between £3 million and £4 million a month, which is very concerning. Where is that going to be taken from if it continues? We would be very grateful for some reassurances. Although the plan is behind in its full implementation and in the benefit savings that we expected, a little more reassurance on that point would be extremely welcome.

The other point I wanted to stress was this business of the non-resident parent receiving unearned income that was not part of the calculations on which his contribution was being assessed. I have to say that I found it slightly odd that it was now going to be left to the caring parent, the one doing the work, to go out and do the research for themselves—I should have thought that that was a little over the top—and then come back and have the situation looked at again by HMRC to see whether it could make any adjustments. Nevertheless, it would be useful to hear from the Minister that a rather more caring approach should be given to the people who are doing the real job of bringing up the children, and that these sorts of responsibilities should not in future be left to those people to justify action that the Government should be taking on their own account.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Tuesday 14th February 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I, too, would like to press the point about the neutrality of the cost that the noble Baroness, Lady Meacher, has stressed. If I may say so, I think that we all owe the noble Baroness, Lady Meacher, a huge debt for the way in which she has pursued these issues and, equally, for the way in which the Minister has responded. I hope very much that when he is considering again, he will bear in mind the number of women—and it is women, I am afraid—who are on their own left to cope with children in this situation. That is a particularly important point, I would argue.

[Lord Walton of Detchant]

My Lords, I had not intended to contribute to this debate, but I wish to speak briefly. As a neurologist with a long experience of caring for children with many forms of disability, I am fully aware of one important issue: that the nature of the disability may be relatively non-progressive—for example, in patients with cerebral palsy. The needs of children with cerebral palsy vary and change as they grow older. The problems faced by their carers—often a single parent, or both parents—become more demanding as the child grows older and is heavier and more difficult to manipulate.

As the noble Baroness, Lady Thomas, said, think again about patients with muscular dystrophy of the most severe kind. Boys with Duchenne muscular dystrophy, by the time they are seven, eight or nine years of age, are still mobile and still go to a normal school but walk with increasing difficulty. By the time they are 10 or 11, they are often confined to a wheelchair. In past years, many of those boys died in their teens. Nowadays, with vastly improved care, with improvement in their respiratory support and so on, they pass through that period of transition from childhood into adulthood, where their disability is greater and more demanding. Unless they are given proper support by carers and the support that they need in terms of respiratory support and suchlike, the demands on their parents become much greater. Furthermore, it is important to recognise that proper care and support in the home prevents a large number of emergency admissions to hospital, with major burdens on the National Health Service.

I was reassured at the beginning by what the Minister said. Can he assure us that the actual mechanisms of these three grades of support, and that important change from childhood into adulthood, are properly met by the provisions of this Bill? Will he also assure us that the recognition that disability is not static and that demands on the carers vary is fully taken account of in the decisions that are being made?

--- Later in debate ---

[Baroness Howe of Idlicote]

My Lords, I shall be even briefer in supporting my noble friend Lord Best. My noble friend Lord Wigley has pointed out the vulnerable groups that will suffer from this provision. My noble friend Lord Best has made an effort to concentrate on the groups that will suffer most. Therefore, I very much hope that these groups will be excepted by the Minister. Given the regional differences in the price of housing and all the other problems, without this sort of amelioration it is too worrying to think of the consequences of wanting to claim this sum of money from the people least able to pay it.

--- Later in debate ---

In saying that, and in conclusion, I would say that I have pressed my noble friend on the Front Bench to make absolutely clear, or as clear as he can, that this is not just going to be a set of regulations shoved in front of the House, with a yes or no answer at some point in a few months’ time. We need an assurance of a proper consultation. I have not sought to achieve this mechanistically by an amendment but by a proper consultation and a willingness to go back to a first draft of the regulations as a result of that consultation—something more elaborate and participative than we usually have with statutory instruments. That is important, and it would help me enormously if my noble friend could make it clear that that is the way he will proceed. Subject to that, I hope very much that the House will go along with my noble friend’s compromise amendment this evening.

[Baroness Howe of Idlicote]

My Lords, I am another of those who very much backed the amendment in the name of the noble and learned Lord, Lord Mackay. I was amazed and encouraged by the immense cross-party support for what he aimed to achieve. I remind noble Lords that the majority was, I think, 142 votes. However, I find this situation difficult. I certainly have been briefed again by Gingerbread and other organisations, which very much support the amendment in the name of my noble and learned friend Lady Butler-Sloss. She has told us that she will move the amendment on behalf of the noble and learned Lord, Lord Mackay.

Looking at the scene as it is now, the statutory maintenance scheme exists because it is in the interests of society that all children are properly supported by both parents, including when they separate. It is right to encourage and support parents to do the right thing and to make the arrangements, which of course we have all heard about, as a means of people sorting out their own affairs. It is equally right for the state to step in to secure maintenance for children—the emphasis is on the children—if the non-resident parent, despite being given every chance, still fails to pay of his own accord.

With something like 46 per cent of parents with care receiving less than £20 per week in maintenance—I find that figure slightly at odds with the enormous figures that the Minister has given us today on the amount that will go to children and single parents—the risk is that those likely to receive only modest amounts of child maintenance will look at the collection charges and decide that it is hardly worth all the hassle from the non-resident parent to insist that CMEC collects the maintenance. However, is it in the best interests of the taxpayer if such parents are priced out of the system or money for their children is reduced by collection charges? Making children poorer in this way surely will not benefit children or society in the long run. It is all likely to cost us more, as we probably all recognise.

I have had an indication from my noble and learned friend Lady Butler-Sloss that she is unlikely to press her amendment. I must admit that my concern, and the concern of most of us, is for those families who are on their own and where possibly, if not certainly in too large a number of cases, there has been violence at home and the family is perhaps living in dread of any form of contact with the father. However, they are still expected to pay—what is it?—a 7.5 per cent or 7 to 12 per cent continuous fee as long as the money is collected. I really do not like that situation.

I have to admit that if there was a Division, I would certainly vote for the amendment moved by the noble and learned Baroness, Lady Butler-Sloss, but if there is to be no vote, I cannot exercise my right to do that. I think that I have said enough.

[Lord Higgins]

My Lords, after almost 10 years on the opposition Front Bench as spokesman on social security, and despite the attractions of debating intellectually with the noble Baroness, Lady Hollis, who was the Minister throughout the period, I decided never to speak on the subject again, but I fear I am provoked. Like others who were involved with the then Child Support Agency, I bear quite a number of scars. On one occasion I invited all those who had written to me about it in a constituency to come to a meeting. I must say that I have rarely experienced such bitterness as was expressed by a second wife who was determined that the husband should not pay anything either to the former children or to the former wife. This, I am afraid, underlies much of the problem.

I want simply to say a word or two in the context of the statement made by the Leader of the House earlier today with regard to parliamentary privilege. I think that I agree with absolutely every single word he said, but none the less it left a degree of ambiguity because he pointed out that amendments in lieu to a Commons amendment should not be put forward if they are likely to invite the same response. The problem with that, if the privilege amendment is claimed in the other place, is that it is essentially about quantity and money—and here we really do not know. Clearly if the amendment in lieu costs even more than the previous amendment, it is not likely to be accepted and therefore is probably inappropriate. On the other hand, if the amendment costs somewhat less, we really do not know whether it would actually be regarded as invoking the same response. Basically, we are in that situation this evening.

No one is more determined than I am to cut the government deficit; I think that that is crucial. The argument that we are going too fast and doing too much is simply not the case. Many of the proposals for cutting expenditure have simply not happened yet. It was estimated the other day that only around 20 per cent have taken place, so that is very important indeed. Having said that, we have to beware of the Treasury going for cuts which are in fact not likely to affect the economic situation or, as was suggested the other night on a trivial amendment from the Front Bench, which would result in our borrowing costs in international markets going up. We need to assess things within a reasonable range on the basis of the quantities involved.

I would be grateful if my noble friend the Minister could say what the loss to the Revenue would be if the amendment put forward by my noble friend Lord Boswell were to be accepted. I get the impression that there would be no costs at all, in which case it would certainly be a legitimate amendment for us to make. It is more difficult on the other amendment, so it would be helpful to have some figures on that. But I suspect, as my noble friend Lord Newton has said, that in the present economic situation we are likely to find that this will come back yet again, and I am not sure whether that is something we ought to undertake. Given that it is a difficult situation, it would be helpful to have a factual statement from my noble friend on the actual quantities involved.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Tuesday 31st January 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, a Division on a similar amendment was lost by two votes. We must all remember that we have here a compromise that would mean that at least some of the huge number of children would not be as severely deprived of the many things that they need in their lives as otherwise. It is also a question, as we have heard graphically spelt out, of many single parents, mainly young mothers, coping on their own with all these additional burdens and the need to stretch the money in ways that your Lordships have read about day after day in the pleadings that come through to us all. I ask the Minister to give serious consideration to whether a compromise of some sort would do. Personally, I would prefer the amendment as it is to be passed in full; it is about the maximum that any reasonable, fair-minded person would be happy to receive.

The amendment tabled earlier by the noble and learned Lord, Lord Mackay of Clashfern, was passed. If the Minister cannot give us sufficient reassurance and this amendment is voted on and passed, the other place will have an opportunity to see just how widespread is the support for it across all Benches, as we saw with the noble and learned Lord’s amendment. Therefore, I hope that the Minister will think very hard about accepting this amendment, which was so brilliantly moved by my noble friend Lady Meacher.

[Baroness Finlay of Llandaff]

My Lords, it has been said that the mark of a civilised society is the way that it cares for its most vulnerable. I remind the Minister that the speech of the noble Baroness, Lady Browning, encapsulated the societal burden of a failure to demonstrate that we are a civilised society.

I wish to put some figures on the table which have not been mentioned in the debate to date. The Family Fund is a charity that provides grants to low-income families caring for severely disabled children. In 2010, it had to pay out to a range of families, 64 per cent of whom had a child who was not receiving the higher rate of DLA. Recent figures from the Social Fund found that 69 per cent of families with disabled children are worried about their financial situation, with 61 per cent of those struggling to pay monthly bills and three-quarters believing that the high costs of caring for a disabled child are the cause of their financial situation. Other children in the family will suffer as a result of that, probably disproportionately greatly, because the psychology of a parent caring for a disabled child often dictates that that child becomes a focus of disproportionate attention.

Research by CLIC Sargent found that on average parents spend about £367 on extra expenses a month following a child’s cancer diagnosis and treatment, resulting in an annual spend of about £4,400 for parents of a child with cancer. When these families, whether suddenly or gradually devastated by illness, do not have the money they need with which to pay not for luxuries but very basic things to enable them to provide care for the disabled child, the other children in the family, the health service and society as a whole end up paying a higher price in many domains.

The amendment was eloquently introduced by my noble friend Lady Meacher. I urge the Minister to accept it, thereby removing the need to test the opinion of the House.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Wednesday 25th January 2012 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I remember listening to the noble and learned Lord, Lord Mackay, upstairs in Grand Committee. I immediately saw the sense in what he said and backed him. Upstairs, the situation was limited. Here, one sees a fascinating cross-section of all sides of the House thinking that this is the right way forward, and that there is no way the charge should be levied when we all know the dangers that this group of women—I am thinking of what my noble friend Lady Howarth said—may find themselves in. As we have heard, some 97 per cent of those who go to the CSA are women. Many of them are suffering and none of us should be prepared to make them suffer further.

I was sent many letters at that time. I remember particularly an extract from one of them. I will repeat a tiny bit of it because it is also to do with the CSA, which we have heard being criticised and equally we have heard is doing a good job, even though it has had to be reformed several times. She wrote:

“When the payments finally started coming in via the CSA—you cannot imagine the weight that was lifted off my shoulders. I finally felt I could plan ahead for school trips, clothes and other essentials. The relief has been immense. The truth is that the proposals will only penalise the children the CSA is meant to help. Women generally only turn to the CSA when they have exhausted all other avenues. It's an act of desperation”.

She ended:

“My message to the government is this: you will be hurting the very people you are trying to help. And, I fear, partners who only receive a small payment will just give up altogether. It will be their children who suffer”.

I congratulate the Government on the efforts they have made and on the £20 million that they are going to be putting aside. I am not critical of that at all and I think that their intentions are in the right direction. However, a very interesting cross-section of the House still wishes to continue to support the amendment moved by the noble and learned Lord, Lord Mackay. That is not just a good example of what this House represents and of the wisdom and sense it represents, but it is also the right thing to be doing.

[Lord Brooke of Sutton Mandeville]

My Lords, I was sitting next to my noble friend Lord Boswell of Aynho, who was the seconder of my noble and learned friend’s amendment, when my noble and learned friend moved his original amendment in Grand Committee. I rise to explain that the reason that we have not heard from my noble friend Lord Boswell is because he is on separate duty in the Council of Europe today.

I hope my noble and learned friend Lord Mackay of Clashfern will understand that I think that on our side we have an obligation to listen very carefully to what the Minister says, and I propose to do that, but the fact remains that a very powerful case has been made in the opposite direction.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Wednesday 25th January 2012 Lords Chamber

[Lord Winston]

My Lords, I, too, also promised the noble Lord, Lord Layard, that I would chip in briefly on this amendment. As has been said, he is in a very different place—and I think they are probably all mad there anyway in Davos.

This is actually a very serious issue and I feel very deeply about it. It is a very good example of where there needs to be some joined-up thinking between what happens with welfare and the Health and Social Care Bill. This is one of the concerns that we have: more and more people with various mental disturbances—and of course it is a vast range of disease, much of which will probably not be helped by conventional treatment—becoming a particular problem in the workplace.

I support this amendment on the basis that a great deal can be done for mentally ill people, particularly those with anxiety disorders who are not necessarily severely incapacitated. The right support in the community—particularly, living in the community—is of immense importance. There would be a good chance of saving money for the Government if attention is paid to this area. I do not think that we would wish to press this amendment today but it still requires support even at Report stage.

[Baroness Howe of Idlicote]

My Lords, I have listened to what has been said and there has been quite a lot of support for the amendment. Indeed, some of the figures are very alarming, including the amount that lack of provision costs the economy. My question concerns how much of what we are talking about in the amendment is available within a reasonable distance of where people with these conditions live. If there is not an adequate supply, which I have a sneaking suspicion may be the case, what are the Government’s plans to ensure a reasonable regional, at the very least, supply of this form of treatment?

[Lord Wigley]

My Lords, I support the amendment and I am very grateful to the noble Lord for bringing it forward. It is important that we do not allow this dimension not to have the necessary attention before this Bill completes its passage. Everyone accepts that mental illness is a widespread challenge and we all commit to the need for something to be done. Yet, decade after decade, we hear the same noises being made and we wonder whether progress has been achieved.

As has been said by a number of noble Lords tonight, it is not just for the benefit of the individual—clearly it is to the individual’s benefit if he or she can remain in work or get into work with the necessary intervention, help and support—as it is also clearly of benefit to society as a whole and to the economy.

Following on from the comments we have just heard about the regional dimension, I should like to add the rural dimension. It is difficult enough for those with mental illness problems in cities but it is sometimes even more difficult in rural areas where there are not the support networks within anything like reasonable distances. In any thinking that the Government may be doing on this, perhaps that also could be taken on board. Even though this proposal may not find its way into the Bill, I hope that the Minister is in a position to indicate to the House the thinking on the way that this dimension can be taken forward.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Monday 23rd January 2012 Lords Chamber

[Baroness Flather]

My Lords, this is a very strange juxtaposition of amendments, because your Lordships have just had your heartstrings pulled at over children and here is my amendment, which suggests that there should be fewer benefits for children for various reasons that I shall try to explain.

I should like to make two apologies, with qualifications. The first is to the noble Lord McKenzie of Luton, who said that he did not want to hear about this matter again in this Chamber. Well, I am sorry, but he will have to. I would also ask him, with respect, to look at what is going on in Luton, since it forms part of his territorial designation. There are a lot of things to be looked at in Luton and I hope that he will do so.

My other apology is to Pakistanis and Bangladeshis, because I mentioned only them in my Second Reading speech. I did not mention many white families or many single mothers; nor did I mention the Somalis. There are people in this country who have many children, and it is innocent to think that they would keep having those children were they not helped by the benefits system. They might not stop having children, but they would certainly not have as many if they were not sure of getting the money to look after them. It is extremely important that children are brought into this world because they are wanted and not because it is convenient, because you get a bigger house and because you get more money, which it is absolute nonsense to think is not happening. Your Lordships are kind but also very innocent if you do not know what is going on in this country.

One of the reasons why I moved this amendment is the support I have received from ordinary working people. I have had so much mail—e-mails and letters—asking me to suggest that benefits should stop after two children, not after the fourth. They say, “We cannot afford to have more than two children; we are working and can just about manage. We care for our children, we care about their education, we care about their future and it upsets us greatly to see others having seven or eight. Would these people continue to have so many children if the state did not provide for them?”. It is a matter that should be seriously considered. The cap will take care of some of that, and I am pleased to say that it is time that it did so. I know there are many noble Lords, especially on the opposition Benches, who are against the cap and believe that we are moving in the wrong direction, but we have made this a country of people who rely on handouts and it is about time we stopped.

I was very pleased to hear the noble Lord, Lord Freud, talk about role models. There are no role models in families where there are six or seven children. There is no one who has worked and no one is expected to work. A lot of those parents do not even know which school their children go to; they do not know what they are doing at school. We have large numbers of young unskilled people, especially in places such as Yorkshire and Lancashire, and especially the boys. It is the boys we need to worry about; they need to be skilled and to attend courses that will teach them basic skills such as plumbing, electrics or carpentry; they must become skilled at something. They are neither educated nor skilled and they have no future. They will not work, their children will not work either, and it is very important that the cycle is broken at some stage. If we are to listen to people in this country, the sooner this happens the better it will be. Working people are fed up with the way some people manage to live on benefits.

In my Second Reading speech, I pointed to one other area that is not in this amendment: people being given money to pay for their drugs. That is disastrous. If you give money to people for drugs, why would they want to work? They are disabled because they use drugs, but they get money to buy their drugs, so why would they ever want to get off them and return to work? We are talking about getting people into work and I think we should look carefully at every area.

There is also a huge rise in polygamy in some Pakistani families. I was interviewed about this amendment on the radio and during the broadcast one man said that he had three wives. The interviewer asked him how he managed and he said, “On a rota basis”. I am afraid that a lot of men have more than one wife. The latest fashion is to go to southern Spain, cross over to Morocco and bring back girls. They marry according to Sharia law and the wives live as single mothers in homes of their own. We need to look at what we are doing to this country. How do they get away with it? They have three or four wives and they presumably visit them—as this man said—on a rota basis. This should not be happening. We do not need this kind of behaviour in this country.

Some people seem to think they have no choice when having children: that they just have them. Children are a choice and a responsibility. They need to be looked after and they need to be brought up. Not only that, there has to be fairness between those who work and those who live off taxes. This drastic situation calls for action. I hope the Government will take action and discourage people from having large families unless they are in a position to look after them.

I was privileged to receive a letter from the Prime Minister two days ago. I wish it had arrived earlier. It states that this issue will be looked at under the provisions of the cap. I knew the cap was coming but I did not know exactly what was likely to happen. I wrote to the Secretary of State for Work and Pensions but he did not reply. However, I sent a copy to the Prime Minister and he did reply—I felt very privileged by that—and he has put my mind at rest about the issues that are important to the people of this country.

The sooner we tackle this kind of disadvantage—and it is a disadvantage for these children—the better. If you have five children, and even if you get benefits you do not look after them and do not give them education, they are disadvantaged all the way through and they will never work.

I leave your Lordships with two comments that you might like to think about. First, the recent British social attitudes survey is very much against the benefits system. There has never been so much disquiet about the benefits system as there is this time. Secondly, the last time the children being born in this country were counted, 50 per cent were born to mothers born overseas. We need to think about that very seriously if we do not want this country to change totally in its attitudes. I beg to move.

[Baroness Howe of Idlicote]

My Lords, we are back again to groupings and, like the noble Lord, Lord Newton, I am very much in favour of them. Sadly, in this case it has meant that my amendment has been somewhat delayed. If it had been in the first group of amendments it would have been well and truly dealt with by now. However, I am pleased now to be in a group.

I listened with interest to what my noble friend Lady Flather has said and, although I cannot say that my sympathies are in the same direction, nevertheless it is her view that if you are paid less for the more children you have that will lead to a happier lifestyle. She may be right, but I do not agree with that approach.

[Baroness Flather]

I did not say that. I said that if people know that they will not continuously keep receiving benefits they might decide not to have so many children, and that if the benefit cap was to come, it would not come as a retrospective.

[Baroness Howe of Idlicote]

I am grateful for being put right. However, I still have differences of opinion with my noble friend Lady Flather.

However, my amendment was very much part, alas, of all the other amendments that have been debated. I have listened very carefully and, having had the benefit of being in the Chamber the entire time, I have been fully appraised before deciding which amendment to support and which not. The general impression that I have got from these debates is that there is a great feeling about families and about doing the best for children whatever household they are in. It is for that reason that I was happy to table the amendment for London—London Councils kindly provided me with the material—because London is such an obvious area where you have extremes of very expensive accommodation and fairly poor areas where it is not as easy to survive if you are living on benefits and are among some of the more disadvantaged and disabled.

All three of my amendments relate to the same issue which is why it is better to address them all together. If the Government want a benefit cap that fairly reflects average earnings, it would be logical and just for the cap to reflect geographical variations, not only in wages but in other important living costs such as those related to accommodation and childcare. The amendments would require the Secretary of State to take account of these variations: the average weekly cost of private rented accommodation, the average weekly cost of childcare and average weekly earnings.

By way of background, the most recent evidence regarding these factors shows that, as regards accommodation, London has the highest average private sector rents in the country at £222 per week. That is more than 36 per cent higher than the national average. Childcare in London and the south-east is at least 20 per cent higher than the national average. For example, a nursery place for a child costs an average of £113 per week in London and the south-east compared with the national average of £94 per week. Earnings in London are £31,935 compared with £26,133, a 20 per cent difference.

What would be the impact of the Government’s proposals on the benefit cap? Independent research by Navigant Consulting, commissioned by London Councils—I should emphasise that London Councils is a cross-party organisation speaking on behalf of all London boroughs and the City of London—has estimated that the impact on London of the proposed universal credit cap would be as follows. A total of 73,000 workless households would experience a shortfall in their benefits against living and housing costs. In aggregate, the cap would produce a loss of £8.2 million per week for workless households and more than £427 million per annum across London. There would be a significant impact on families with children and on larger families in particular. While less than 3 per cent of households without children will find their accommodation unaffordable, that rises to more than 30 per cent for families with children. The average weekly loss across London for households affected by the cap is £105.

The majority of the London boroughs are already reporting that a significant number of households are having to move home as a result of changes to housing benefit caps. That has led to an increase in the number of homeless households placed by boroughs in bed-and-breakfast temporary accommodation. The use of temporary accommodation recently reached a three-year high after 25 quarters of reduction since 2003. Now almost 1,500 families are living in bed-and-breakfast accommodation in London. That effect will be replicated elsewhere and will undermine efforts to retain and build sustainable mixed communities, a point that has been made very effectively by others in other debates. There is a genuine concern that reductions in benefit entitlements for workless households may lead to an increase in child poverty and safeguarding issues. With children and young people's services already stretched, the fear is that vulnerable children might slip through the net.

The Government have argued that they need to cap household benefit entitlement in order to reduce the £20 billion deficit bill and to return fairness to the welfare state. Of course, both of those objectives are laudable and entirely understandable. However, simply fixing a national limit and attempting to apply it across all households, regardless of variation in individual circumstances, is not only unfair but it is also likely to usher in a host of unintended consequences. We have heard about many of them in previous debates so I shall not go into the detail of those.

The cost of life's essentials varies from place to place and family to family. One does not expect to pay the same to rent a two-bedroomed home as a four-bedroomed home. One does not expect to pay the same to rent a home in the south-east as one might in the north-west. If the welfare system is genuinely to support people and households, surely it is only fair that any support matches, in so far as it is possible, the scale of the challenges facing households, which, so often, through no fault of their own, find themselves in high-cost areas. I hope that the Government will agree to these very reasonable amendments.

I would like to stress that I hope that the Minister will agree to meet London Councils and go through some of its real concerns about this issue. That would reflect on whether I might wish to bring this matter back at Third Reading

[Baroness Tyler of Enfield]

My Lords, I would like to add some of my concerns about the impact of the benefit cap in London. The noble Baroness, Lady Howe of Idlicote, has set out very clearly and eloquently all the facts and figures and I certainly do not wish to repeat them. I shall pick out one which is particularly relevant to me.

The level of rents in London means that families with just two children will be subject to the cap in many parts of inner London and also in some parts of outer London, including Newham, Haringey, where I live, and Hounslow. I am concerned about the impact of this on mixed communities, or looking at it the other way, one might refer to social segregation as poorer families are moved out of expensive areas. This is a very particular issue in London in terms of social cohesion. It also puts pressure on public services. I think that London Boroughs is right to be worried. The migration and concentrations of workless households in some areas will potentially have significant implications for the full range of local authority services. Boroughs with an inward migration of households are likely to face significantly increased service pressures very quickly and with very little time to plan for them in relation to unemployment, poverty, housing and so on. On the other side of the coin, boroughs that experience reduced demand for such services—again very quickly and without time for planning to adjust—will certainly face challenges and costs in adapting to different, if reduced, demands.

Families, particularly larger families, will be very much affected. In London it will also affect families with two children. I share the concerns that have already been voiced by the noble Baroness opposite. I also hope that there will be an opportunity to meet the Minister and London Councils to discuss further the sort of measures that could be put in place to mitigate some of the harsher implications that I have just set out.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Tuesday 17th January 2012 Lords Chamber

[Lord Wigley]

My Lords, before the Minister gets up—I am sorry I did not get in before the noble Lord on the Opposition Front Bench, who beat me to it—I want to say a few words in support of Amendment 50ZGB moved by the noble Baroness, Lady Grey-Thompson. It provides a basic rate of daily-living payment to minimise the number of disabled people who might otherwise be totally deprived of such focused help. Listening to Radio 4 this morning and hearing the Minister from the House of Commons acknowledging that 500,000 people could be hit by these changes really brought home to everyone the significance of what we are talking about. The ending of lower-rate DLA will leave people with needs arising from their disability but without the means to pay for them.

The point was made earlier by the Minister—and I understand his point—that the day-to-day costs of living are covered separately from the additional costs of disability. The implication is that people who would be in the lower group do not have additional costs of disability, but we all know from experience that they do and they are going to be losing out as a direct result. If the Government’s intention is that so many people who have previously been recognised and acknowledged as having needs will no longer be helped to meet those needs, let them say so. I think it is a very retrograde step.

[Baroness Howe of Idlicote]

My Lords, I had also meant to rise to speak a bit earlier. I, too, very much support what has been said about those amendments. We have all been absolutely flooded with e-mails about the situation of many of the people with disabilities we are talking about, who are fearful about their future and about how they are going to be affected. What has really impressed me is the details they give of their own lives and just what they need the extra money for—things that you and I would not even think about. It is not just support to get out of the house and to get to the shops or extra money for a car because there is no other way of getting about, but support for very basic extra things to make it possible to use saucepans and things like that.

I appreciate the actions that have already been taken, but I hope that serious thought will be given to those half a million people who will still suffer as a result. I am sure that the Minister will do everything he can to ensure that those in real need are approached with a flexible mind, but, nevertheless, some will fall between the new systems that are being devised, so I support the amendment and hope that serious consideration will be given to it.

--- Later in debate ---

[The Countess of Mar]

My Lords, I, too, support the noble Baroness, Lady Grey-Thompson, in her amendment. I read the whole of the information sent to us yesterday and I was pleased to see that ME/CFS, in which I am interested, was raised in two examples, and that the difference between the two conditions was shown. I am concerned not just for people with ME but for those who can almost function normally and will not meet the criteria for getting DLA. For example, there are those who, because they have an endocrine problem, cannot cope with the cold. They need extra heating and clothes. If they are working, they are probably on a minimum salary because they are not very well. Therefore, they need extra money. They might also need extra clothing.

If they are incontinent, they may need to be able to change their clothing regularly. They may need incontinence pads, which—as everyone knows from questions in the House—are extremely difficult to get from the National Health Service. My mother-in-law, who died a few years ago, could not go out of the house because she was worried about wetting herself in public. If she could have afforded incontinence pads, she would have been fine. She was not going to tell her children or her daughter-in-law about her problem and we had to extricate the information from her to find out why she was not going out. Such people get confined to their homes and become desocialised, and it is very difficult to get them back into society. We must take all these things into consideration—not just whether they can cook or wash themselves—when we think about what they need to keep functioning on a relatively normal basis.

[Baroness Howe of Idlicote]

My Lords, I shall speak briefly on this amendment. The comments of the noble Baroness, Lady Browning, about her personal experience of the whole range of autism reminded me just how this range has developed over the years. When I first got involved with the autistic movement many years ago, it really was just one thing; but since then, many different branches and forms of behaviour have been identified. The fact that all these extra aspects have to be borne in mind re-emphasises the whole question of whether the clause is fit for purpose. In particular, the Asperger’s syndrome comment was very apt. I hope the Minister will be able to persuade us that there will be a thorough method of assessment by people who understand the range of problems that we are talking about as well as—as my noble friend Lady Mar said—the detailed and different ways in which extra help is used and needed for such people to have a basic ability to lead a normal life.

[Lord Freud]

My Lords, let me start by referring to the moving speech made by my noble friend Lady Browning. I confess to a real concern about autism generally and I am very proud that my maiden speech was on the Autism Bill. I have undertaken a number of initiatives in the autism area because we do not look after people with autism and Asperger’s properly. I also strongly believe that it would not take a huge effort to make sure that we look after those people much better. As my noble friend knows, there is currently a major initiative to try to ramp up the number of such people who have and keep jobs. Currently only around 15 per cent have jobs, which is ludicrous, and I am determined to double that figure.

As part of that concern for this particular group, we wish to make sure that this assessment takes people with autism and with Asperger’s properly into account. I am hopeful that PIP will do a better job than DLA, and, furthermore, that we will make sure that we have the right processes in place to look after this group. As we refine processes during the next consultation period, which we are running until the end of April, one of the things that I want to make absolutely sure of is that we have the right measures in place for autism. I know that everyone in this Chamber feels similarly on this issue, and feels very strongly that we should get this right for that particular group.

I shall now turn to the more technical aspects of this issue—that is, looking at what we are doing with the PIP and its assessment. Is it a medical assessment, as the noble Baroness suggested? It absolutely is not. In fact, as I said in Committee, our approach is—and this is rather a mouthful—akin to the biopsychosocial model. I shall try to draw this out a bit—I do not mean in time: I shall try to draw the themes out. A medical assessment would be something like the industrial injuries disablement benefit, where there is a direct correlation between the injury sustained and its severity and the amount of benefit or compensation received. Nor will the PIP assessment focus on the functional limitations of the individual in the way that the work capability assessment does. Instead, it will assess how the individual’s health condition or impairment impacts on his or her everyday life by looking at their ability to carry out a series of key and holistic activities, all of which are essential for participation and independent living. In such an approach, the type of condition or impairment an individual has is of limited relevance.

It is not, however, a full social model assessment. I accept that. That is something that many noble Lords and disability organisations would like, but I have to point out that it was not our intention to develop it in this way. As a department, we do support the social model. As the noble Baroness, Lady Wilkins, said, we are on record as supporting it. While we want to ensure that the PIP assessment better reflects it than previous assessments, that does not mean that the full social model is relevant for assessment, although it is relevant for some things. I sent round a rather interesting piece of analysis to many noble Lords in the Committee, called Models of Sickness and Disability, which showed the differences between the models, explaining the medical model, the reaction of the social model against the pure medical model and the synthesis of the biopsychosocial model. The summary of the biopsychosocial model in the analysis is that:

“Sickness and disability are best overcome by an appropriate combination of healthcare, rehabilitation, personal effort and social/work adjustments”.

There is a coherent theory behind this assessment.

Welfare Reform Bill

Baroness Howe of Idlicote Excerpts

Tuesday 17th January 2012 Lords Chamber

[Baroness Hollins]

My Lords, the amendments would place the new arrangements announced by the Minister in Committee in the Bill to reflect existing provision for carer’s allowance passporting in primary legislation. In the discussions around the Bill, Peers, including the Minister, have demonstrated their understanding and appreciation of the huge contribution made by the 6.4 million carers in the UK, often at considerable personal sacrifice.

Despite its rather low level, carer’s allowance is a vital benefit which provides an essential independent income for families providing care. As a result, it is crucial that the prominence of carer’s allowance is maintained, as now, in primary legislation, preserving the strength and importance of these crucial rights for carers. Amendment 54D would establish this crucial link between carer’s allowance and personal independence payment in the Bill but allow the Government to prescribe the rates in regulations. However, the clear preference of Carers UK and other charities—I agree with them—is for the maintenance of the strength of existing rights by also setting out the rates in primary legislation.

Amendment 54E would establish the passporting link and that both rates of the daily living component would act as gateways, fully reflecting existing provision for disability living allowance and the details announced by the Minister in December. I remind the House that in December the Minister said:

“It has always been our intention that personal independence payment will provide a gateway through to receipt of carer’s allowance in the way that DLA currently does”.

The briefing paper went on to say:

“It is our intention that both rates of the daily living component will be used as a criterion in connection with entitlement to carer’s allowance”.

Carers UK hopes that the Minister will feel able to support the amendment, to cement in primary legislation this announcement made before Christmas and to send out the clear message that the Government do indeed value carers and that their rights and entitlements are valued correspondingly in primary legislation. Having made such a positive announcement, I can see no reason why the Government would not wish to establish these details in the Bill.

In addition to establishing the provisions announced by the Minister in the Bill, the amendment also provides the opportunity to express ongoing additional concerns about the impact of the personal independence payment reforms on carers, which were not addressed by the announcement around passporting. Carers UK and other organisations are still deeply concerned that the 20 per cent reduction in spending on these benefits as the personal independence payment is introduced will lead to the loss of carer’s allowance for a number of carers, on top of substantial numbers of disabled people losing their benefits.

Having looked at the consultation issued yesterday and other documents which I have received, I cannot see an assessment of the impact on carers of the changes. I may have missed it. We know from the statistics the impact on the relevant groups of disabled people—those in receipt of middle or higher rates of the care component of DLA, the gateways to carer’s allowance—and that these groups will be reduced by 80,000. Many, of course, will not have carers, but it is likely that some of those 80,000 will have someone currently in receipt of carer’s allowance caring for them, and when the disabled person loses his or her benefit the carer will lose eligibility for carer’s allowance.

I understand everything that has been said about the emphasis being on supporting people with greater need and that some people may receive more and that some people currently receiving the lower rate may move into the new standard rate, but concern has been expressed. So, if there has been no impact assessment, is the Minister now able to inform the House how many carers are likely to be affected by these changes? I look forward to hearing the Minister’s response to the two amendments. I beg to move.

[Baroness Howe of Idlicote]

My Lords, my name is also on this amendment and I fully support what my noble friend Lady Hollins has said. As we have heard, there are approximately 6.5 million carers. Of course, we all need to remind ourselves just how important they are and how much money they save the state in the work that they do on behalf of their families and, indeed, friends, because quite a number of carers are not necessarily directly related. Perhaps the Minister would agree that that is a very good reason for putting this proposal in the Bill. It would certainly reassure all those who, as has been said, do so much for the nation in terms of finance and for individuals with whom they have personal caring relationships.

I hope that it will be possible for the Minister to accept this amendment. Otherwise, perhaps he will give us an assurance on the questions that have been asked. That would be helpful and useful. I look forward to hearing his reply.

[Baroness Pitkeathley]

My Lords, I, too, speak in support of these amendments. We are talking about essential rights for carers. When carers give up work in order to care, it is crucial that they are able to access financial support, which provides them with an independent income. I hope that your Lordships will forgive me for a brief trip down memory lane about an independent income for carers. In the 1960s, an independent income for carers was at the very heart of what started the carers’ movement. That independent income was achieved in the 1970s and went on to be extended in the 1980s. I should like to acknowledge the very active part that the noble Lord, Lord Newton, who is not in his place, played in extending those rights under—perhaps I may remind your Lordships—a Conservative Government.

Given the importance of carers, which has been acknowledged time and again, it is disappointing that the Government have not brought forward an amendment to place these rights in the Bill. If the gateway for PIP payments is left to regulations, different groups of carers will have their rights to carer’s allowance set out in different ways. Those caring for disabled children will continue to receive DLA and will not be moved on to PIP, and carers looking after an older person in receipt of attendance allowance, which is also unaffected by these reforms, will continue to have their right to carer’s allowance clearly set out under the Social Security Contributions and Benefits Act. Yet those who are caring for disabled people of working age who are being moved on to PIP would have their rights set out only in secondary legislation, which would make for a confused picture.

I know that Carers UK, other Peers in your Lordships’ House and the Disability Benefits Consortium very much welcomed the Minister’s decision to bring forward their decision about both levels of PIP in December. But to give carers full confidence in their rights and clarity in the legislation, it is crucial for the decision to be written in the Bill.