International Aid Workers: Israel and the Occupied Palestinian Territories

Baroness Janke Excerpts

Tuesday 26th November 2024 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

The noble Baroness is right to highlight what has been happening to health workers and aid workers. Almost 1,000 health workers and around 300 aid workers have been killed since October 2023. It is important that what happens is documented and recorded for the future, as she says.

[Baroness Janke (LD)]

My Lords—

[Baroness Fox of Buckley (Non-Afl)]

My Lords—

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, we will hear from the Liberal Democrats Benches.

[Baroness Janke (LD)]

My Lords, in light of the findings of the ICC that there are reasonable grounds to believe that Netanyahu and his former Minister intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival—including food, water, medicine and medical supplies, as well as fuel and electricity—will the Government publish in full the legal advice they have received from their law officers regarding the situation in Gaza and the legality of UK export licensing of arms to Israel?

[Baroness Chapman of Darlington (Lab)]

My Lords, as we have discussed at length previously, we have a fairly well-established way of looking at arms licensing. I am confident that the decisions that have been made in regard to licensing, where we have restricted some items, have been completely and wholly in line with the UK legislation.

Foreign Affairs

Baroness Janke Excerpts

Tuesday 5th March 2024 Lords Chamber

[Baroness Janke (LD)]

My Lords, as the death toll in Gaza now tops 30,000, we reflect on the catastrophe that continues to unfold since the horrific Hamas attack on 7 October. I too pay tribute to the Ministers for their work and commitment to achieving a resolution, but the impact of their efforts may be less as a result of the unconditional support that they have given to Israel since the events of 7 October.

In Gaza, the death and destruction continue and have not resulted in the freeing of the hostages. At least 30,200 people have been killed in Gaza, including more than 12,300 children and 8,400 women. More than 71,300 have been injured, including at least 8,600 children and 6,300 women, with more than 8,000 missing.

In the Occupied West Bank, more than 500 Palestinians have been killed, including more than 108 children, with more than 4,600 injured. As the noble Baroness, Lady Morris, the president of Medical Aid for Palestinians, told us, a quarter of people are at risk of imminent famine and one in six children in the north is acutely malnourished. Gaza’s children are being starved at the fastest rate the world has ever seen. I am sure that she would testify that, unlike what was said earlier, in Gaza there are no places of safety for the protection of the civilian population, which is why the number of fatalities and injuries is so high. The executive director of UNICEF said last week:

“Horrific news out of Gaza that at least ten children have reportedly died of malnutrition and dehydration so far, while many more are on the brink … 1 in 6 children under the age of two in north Gaza are acutely malnourished … Over 500,000 Palestinians in Gaza are at starvation levels”.


Does the Foreign Secretary agree that starvation as a weapon of war is a war crime?

Infectious diseases are also spreading rapidly, and there is little access to medical care. No hospitals are fully functioning across the territory. At least 90% of children under five are affected by one or more infectious disease. Does the Foreign Secretary agree that an immediate permanent ceasefire is even more desperately needed now?

The UK Government have so far refused to halt arms exports to Israel, despite the risk that these weapons pose to civilians. Special rapporteurs, independent experts and working groups issued a statement on 23 February, warning that the transfer of weapons or ammunition to Israel to be used in Gaza is likely to violate international humanitarian law and must stop immediately. Further, the Dutch Court of Appeal order on 11 February required the Netherlands to halt its export of F35 fighter-jet parts to Israel, because of the clear risk that they might be used in the commission of serious violations of international humanitarian law in Gaza. The UK’s own arms criteria establish the very same obligation, yet the UK produces 15% of the parts of all F35s being used in Gaza.

The UK did suspend arms licences to Israel during the bombardment in Gaza in 2014, despite the very much lower numbers of deaths and injuries, when the Foreign Secretary was then Prime Minister. In the light of the potential complicity of the UK in war crimes, will he halt arms exports to Israel as he did in 2014? Is he aware that hand-wringing pleas for restraint while still supplying weapons seems rather hypocritical, whether they come from the UK or the United States?

Israel is now pushing ahead with an additional 3,300 illegal settlements in the West Bank. Will the Foreign Secretary let us know the Government’s view of this and of further expansion of settlements, potentially into Gaza? Will they ensure the rights of the Palestinian people to return to their land, as is their right under international law?

The Foreign Secretary has spoken about the two-state solution. If he truly believes in this, then time is very short, and action must be taken now by making Hamas and Israel accountable, releasing the hostages and showing to all parties a commitment to a different vision of peace and justice with security for Israel and Palestine, starting with the recognition of the Palestinian state.

Situation in Israel and the Occupied Palestinian Territories

Baroness Janke Excerpts

Tuesday 30th January 2024 Lords Chamber

[Lord Benyon (Con)]

We are very concerned with the immediate days—hours, even—of this emerging saga. Whatever any Minister says at any Dispatch Box is very often out of date by the time he or she sits down. First of all, we absolutely accept that Israel has the right to defend itself against the vile terrorism that it suffered on 7 October. We have very strict rules in this country and fantastic oversight, in this place and beyond, of our arms trading arrangements. Any Government should apply those oversights to it, and we do. But it is absolutely vital that we concentrate on the immediate problem, which is getting those hostages released. I pay tribute to the Government of Qatar for their support and great expertise in achieving this. Those who have been involved in the Northern Ireland issue over the years know how galling it is when you see people that you know have done terrible things being swapped for victims of terrorism who have done no wrong. But it does require an enormous amount of courage and determination to make sure that we can get these hostages out and move forward to sustainable, lasting peace.

[Baroness Janke (LD)]

My Lords, I thank the Minister for his remarks. I also pay tribute to workers in Gaza, particularly, and in the West Bank, many of whom are risking their own lives to provide support and medical help for the victims of the bombardments. Does the Minister appreciate that UNRWA apparently does not have enough money to see it through February, to provide aid in Gaza and in the West Bank? Will he look into, or have the Government looked into, the fact that medical facilities for victims are being denied and systematically destroyed, according to the reports coming to us from Medical Aid for Palestinians? What are the Government going to do to ensure that all the victims have access to the medical support and the help that international law says they should?

[Lord Benyon (Con)]

It is crucial to get the right amount of medical aid and food, and all the other types of sustenance the people of Gaza require. That means more trucks, more ships and more material getting across borders. That is our priority, and there are a great many organisations that can assist with the delivery of that; I listed them earlier. But the noble Baroness is right; UNRWA employs 13,000 people in Gaza and has provided essential basic healthcare, education, protection and vital humanitarian assistance for hundreds of thousands of people in Gaza. Some 1.7 million Palestinians in Gaza are eligible for UNRWA support. In Gaza, it operates 183 schools and two primary healthcare facilities. We want to make sure that we can use this agency as quickly as possible, but that is not stopping the level of compassionate support that the British people are giving to the people of Gaza. We are getting that aid in as quickly as we can, but we need those border crossings to be more functional.

Israel and Gaza

Baroness Janke Excerpts

Tuesday 16th January 2024 Lords Chamber

Tabled by

[Baroness Janke]

To ask the Secretary of State for Foreign, Commonwealth and Development Affairs what steps he is taking to secure a lasting ceasefire arrangement between Israel and Gaza.

[Lord Purvis of Tweed (LD)]

My Lords, my noble friend Lady Janke is unwell. With her permission, and on her behalf, I beg leave to ask the Question standing in her name on the Order Paper.

Israel/Gaza

Baroness Janke Excerpts

Tuesday 24th October 2023 Lords Chamber

[Baroness Janke (LD)]

My Lords, it is a great privilege to follow the noble Baroness, Lady Warsi, and I thank the Minister for his measured introduction and constructive remarks.

The horrific events of recent weeks have shocked the world and I join others in condemning the violent attack on Israeli citizens and the taking of hostages. It is a savage violation of the right to protection of innocent civilians. I send my heartfelt sympathy to the families who have lost loved ones and to those who wait in an agony of anxiety, fearing for the fate of family and friends who are still hostages. I welcome today’s release of the two hostages and call for the immediate release of the remaining ones—and, as others have said, for an immediate ceasefire.

Israel of course deserves support and sympathy across the world in seeking to obtain the release of the hostages, but it must be asked how likely this is to be achieved by the bombardments and siege of Gaza. Is the killing of more than 5,000 Palestinians, and 15,000 casualties, likely to achieve this and the declared objective of destroying Hamas? The noble Lord, Lord Reid, was very graphic in his description of the potential consequences of escalation of this conflict. We need to bear those in mind.

The scenes of carnage as Israeli troops continue the deadly war in Gaza and drive its people from their homes—people who have no other refuge or escape—risk causing public sympathy to ebb away. The refusal of the British Government to condemn the killings of innocent civilians in Gaza and their reluctance to join in action with the humanitarian agencies in stopping this devastation are other decisions that will have widespread consequences in the region and worldwide.

How, we must ask, will mass retribution and collective punishment of civilians in Gaza provide any resolution to the issue of Israeli security? The five preceding bombardments since 2005 have manifestly failed to achieve this. Indeed, violence and oppression add fuel to the flames of conflict and bolster the positions of extremists on both sides. The present 2.3 million people who live in Gaza are civilians. Half of them are children. They have had no part in the fighting and are powerless to affect it, yet they have no way of escaping the bombardments. Deprived of food, shelter and water, families are gathering “to die together” and children are writing their names on their note pads “so that when they are killed, people will know who they are”—this is a result of the endless unidentified victims of the fighting. The threat of disease continues to grow through the withholding of clean water and resultant poor sanitation as bodies pile up in the streets and hospitals become morgues through the withholding of electricity. One child is dying in Gaza every 15 minutes.

Long before the events of 7 October, the humanitarian situation in Gaza was in crisis. Many agencies, including the UN, have been trying to draw the attention of the world to the desperate situation caused by the aggressive Israeli-Egyptian blockade of 16 years. Gaza is known as the largest open-air prison in the world. In 2012, the UN produced a report saying that Gaza would be unliveable by 2020 unless there was significant improvement to basic conditions. The reprisal bombardments are the sixth major war against Gaza since 2005. The impact has been traumatic, particularly on children, yet the world has stayed silent and nothing has been done to change this. A recent report found that four out of five children in Gaza had contemplated suicide. The agreed passage of lorries of aid through the Rafah crossing are a welcome sign but nothing like enough to save the people from a catastrophe. Before the crisis, 450 lorries per day were needed to support the needs of the population under blockade.

Sixteen years of forced containment of the citizens of Palestine under occupation have not achieved security for Israel. As many noble Lords today have said, justice is needed in place of oppression, and certainly the citizens of Gaza and the Occupied Territories must be part of any resolution plan. The forced evacuation of Gaza, the violent driving of people from their villages and the demolition of their homes and facilities in the Occupied Palestinian Territories by settlers with the support of the Government are not the way to peace. The circumstances are increasingly toxic and international leadership is needed to find a way forward as well as, as others have said, leadership from Palestinians and Israelis. It is heart-breaking to see the suffering and how little progress has been made in this deadly conflict over so many years. It is easy to see how many believe that the West has turned its back on the Palestinian people. I very much support the comments of the noble Baroness, Lady Morris, on the future needs to resolve this conflict.

I hope that our message today will be one, as the noble and right reverend Lord, Lord Harries of Pentregarth, said, to restore the will for peace and to call for a cease to the mass killings, bombardment and siege in Gaza, for the safe release of the hostages and for renewed leadership on all sides to restart the dialogue towards long-term justice, peace and security in the region.

Violence in the West Bank

Baroness Janke Excerpts

Thursday 6th July 2023 Lords Chamber

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Ahmad of Wimbledon)]

My Lords, I thank the noble Lord. He almost called me his noble friend. Perhaps that is a reflection of the time we are spending together on various aspects of the House’s business today. I share his concern, and we have all been again shocked by the cycle of violence that continues to occur across the West Bank in particular but also in Gaza. I share the same sentiments and principles that the noble Lord has articulated in relation to Israel’s security concerns; however, as it seeks to address those particular concerns, it should do so by respecting and minimising civilian casualties, demonstrating restraint and adherence to principles of international humanitarian law, and ensuring that civilians are protected.

On the steps that the United Kingdom is taking, as the Minister responsible for the Middle East, I can assure the noble Lord that, first and foremost, we are engaging directly with both sides. Over the past 48 hours or so I have spoken to the Israeli representative to the United Kingdom at length and to the Israeli chargé d’affaires. My right honourable friend the Foreign Secretary has spoken to Foreign Minister Cohen of Israel as well as the Prime Minister of the Palestinian Authority, Mohammad Shtayyeh, again emphasising: first, the importance of de-escalation; secondly, the importance of ensuring a minimisation of any further violence that may take place; and, thirdly, the need to ensure, particularly on the Israeli side, now the Jenin operation has ended, that full access is given to allow full medical attention for those injured during the crisis. Tragically, people have died on both sides. There has also been a further attack in Tel Aviv with a car ramming. It shows the challenge that we all face regarding the ever-growing circle of violence. I agree with the noble Lord and assure him of my best offices in addressing the issue of the immediate cessation of violence. It should be the foundation for direct negotiations between Israel and the Palestinians.

[Baroness Janke (LD)]

My Lords, I, too, have visited the Occupied Territories in the West Bank in recent times and echo the concerns already raised. I pay particular tribute to the NGOs and voluntary organisations within the Occupied Territories that are giving support in the current circumstances. I am particularly concerned, again, about settler violence and increasing attacks, and the incitement from the extreme Government of Israel for settlers to erode and take away the rights of the resident population there. I am concerned to hear from Medical Aid for Palestinians that medical aid is proving inaccessible for many civilians under the violent conditions within the West Bank and that they are prevented from having access to medical support. I should like to hear the Government say something about that. The UK Government now have the presidency of the UN Security Council. Will they take a leadership role to ensure the protection of human rights for the Palestinian people in the illegally Occupied Territories of the West Bank?

[Lord Ahmad of Wimbledon (Con)]

My Lords, on the noble Baroness’s first point, I have directly met some of the NGOs, including Medical Aid for Palestinians, in my office in the last 48 hours and we discussed specific measures. Engagement with NGOs is a key part of my priorities. We will be convening a session tomorrow on this issue at the UN Security Council. It is a closed session but will be followed later in our presidency with a more extensive debate on the Middle East peace process. I share all the relevant concerns expressed by the noble Baroness about the need for negotiation and for peace to prevail.

Occupied Palestinian Territories

Baroness Janke Excerpts

Monday 27th March 2023 Lords Chamber

Asked by

[Baroness Janke]

To ask His Majesty’s Government what assessment they have made of (1) the recent transfer of governance powers in parts of the Occupied Palestinian Territories from Israeli military authorities to Israeli civilian ministries, and (2) the implications of this transfer for securing a lasting peace in the region.

[The Minister of State, Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)]

My Lords, as the occupying power in the West Bank, Israel’s presence is governed by the provisions of the Geneva convention, and we call on Israel to abide by its obligations under international law. We are still examining the consequences of the recent transfer of some governance powers in the Israeli Ministry of Defense related to the occupation. The UK remains of the belief that there is no better alternative than a two-state solution for peace and for realising the national aspirations of both the Palestinians and Israelis.

[Baroness Janke (LD)]

I thank the Minister for his response. However, in the negotiation of the recent trade deal with Israel, which, according to the Prime Minister, was based on the common values of democracy, what assurances did the UK Government seek from the Netanyahu Government over compliance with international law in the Occupied Palestinian Territories and the avowed intent of the Netanyahu Government to remove democratic safeguards by emasculating the judiciary, in the face of massive opposition from Israeli citizens? What assurances did they receive?

[Lord Goldsmith of Richmond Park (Con)]

As noble Lords will know, our Prime Minister spoke to Mr Netanyahu just a few days ago as part of the development of the road map. The road map does not in any way change our support for a two-state solution. Our position on the settlements is clear: they are illegal under international law, they present an obstacle to peace and they threaten the physical viability of a two-state solution. Our position is reflected in our continued support for UN Security Council Resolution 2334.

Israel and Palestine

Baroness Janke Excerpts

Tuesday 7th March 2023 Lords Chamber

[Baroness Janke (LD)]

My Lords, having read the extensive coverage in the newspapers over the weekend, I feel that it is important to point out that Israel today has the most extreme Government in its history. Haaretz calls it a “Government of darkness”, as right-wing politicians from parties that are overtly Jewish supremacist, anti-Arab, anti-women and homophobic dominate it. I was impressed by the accounts given in the Guardian on Friday by Simon Schama and Margaret Hodge, documenting some of the things happening under the new Israeli Government. These extremist Ministers now have major powers over the Occupied Territories, as authority has been transferred from military to civilian rule, contravening international law on occupation. I hope that the Minister will enlighten us with the Government’s view on that.

A Haaretz editorial also states:

“In light of the fact that there is no intention of granting civil rights to the millions of Palestinians living in the West Bank, the result of the agreement is a formal, full-fledged apartheid regime.”


Some of us from Parliament went on a recent visit—not so recent now, it was actually in November. I have to say that I was impressed by those on both sides who were working together for solutions and peace. For example, there were the heroic doctors working in the underresourced Palestinian hospital in Jerusalem. There was the courage of relief and grass-roots support agencies, many of which are now banned organisations—and many of them actually Israeli—which were also working for peace. I pay tribute to all of them for the work that they do and the risks they take with their own well-being and that of their families. There was the determination of a family in the Hebron hills living in a cave, their previous homes having been demolished so many times that they believed that that was the only way they could remain living in their current home.

But in spite of this, a massive expansion of settlements is planned, even though there is increased settler violence, which we were told has certainly been ignored by the authorities. In the Observer on Sunday there was an article about an olive farmer. It was headlined:

“They ransack our village for sport.”


That is one farmer’s story of settler violence. Palestinian homes have been demolished and when we were there a primary school funded by foreign aid was demolished to accommodate the settlers’ demands for more land. There is a huge sense of injustice as families have who lived there for generations are evicted to give more land to incoming settlers who rampage their villages.

I agree with the noble and right reverend Lord, Lord Harries, that hope is very much lacking at present, certainly in the Occupied Territories. I hope that we here can promote action by our own Government that can work to support change. Humanitarian support and medical supplies are urgently needed. Funding for the relief agencies and grass-roots organisations which deliver the aid and support is also needed. I hope that the example of Simon Schama and Margaret Hodge will mean that supporters of Israel who want to see it prosper will see that what is being done at the moment is counter to that. The noble Lord, Lord Leigh of Hurley, talked earlier about the work that goes on in Jerusalem. I know much good work of this kind that goes on, but it is ruined when we get the provocative statements and the ambitions, particularly of the Ministers, Gvir and Smotrich.

As I said, I hope that the Government will lead diplomatic pressure where violations of human rights and international law are taking place on both sides and that we can, as the noble and right reverend Lord, Lord Harries, said, find some leader to reinitiate the peace process and work for a just and lasting peace.

Occupational Pension Schemes (Governance and Registration) (Amendment) Regulations 2022

Baroness Janke Excerpts

Tuesday 12th July 2022 Grand Committee

[Baroness Stedman-Scott (Con)]

The CMA found among pension schemes that there was a low level of engagement by trustees and a lack of clear and comparable information on which to assess value for money. Trustees were being steered by consultants towards their own higher-cost fiduciary management services, giving them an incumbency advantage. Ultimately, trustees were more likely to pay higher prices for these services than they should. Overall, the CMA found that this was having an adverse effect on competition for these services and likely bringing financial detriment for employer sponsors of defined benefit pension schemes and savers in defined contribution pension schemes.

It is important to note that both services were said to influence decisions affecting pension scheme assets worth over £1.6 trillion and the retirement incomes of millions of people. Any negative impact on scheme outcomes will be significant, and will accumulate and compound over the long term in which pension assets are invested. The CMA’s report proposed recommendations and remedies to encourage better trustee engagement when buying services, and better disclosure of fees and performance. The CMA made it clear that some of these remedies would be implemented by an order. That order was made in June 2019 and came into effect later that year.

The CMA also recommended that the Department for Work and Pensions take forward legislation to bring into pensions legislation the provisions of the order for two specific remedies: first, the requirement to carry out a competitive tender in certain circumstances before appointing, or continuing to use, a fiduciary manager; and secondly, the requirement to set objectives for, and review the performance of, investment consultants appointed by the trustees.

The CMA also recommended that legislation should provide for the Pensions Regulator to oversee these new duties on trustees, rather than leave long-term enforcement action against occupational pension scheme trustees to the CMA. The DWP, on behalf of the Government, committed to do this in early 2019 and consulted on its proposed legislation in summer 2019. However, because of necessary reprioritisation brought on by the Covid-19 pandemic, work on this was delayed until this year.

The regulations before the Committee fulfil the commitment the Government made in 2019 to accept the CMA’s recommendation and to integrate the requirements in the CMA’s order that apply to trustees of occupational pension schemes into pensions legislation. Subject to approval, this instrument will require trustees of occupational pension schemes to set objectives for persons who provide them with investment consultancy services, to review those objectives at intervals of no more than three years, and to annually review the performance of those providers against those objectives. This setting of objectives will enable trustees to monitor the performance of their advisers.

The regulations also require trustees to carry out a qualifying tender process when continuing to use existing fiduciary management providers, or appointing new ones, if the scheme meets the asset management threshold. The threshold is met when fiduciary managers covered by the regulations manage 20% or more of in-scope assets. The regulations also set out what the qualifying tender process is and when it must be carried out. Additionally, through the regulations the Government have defined “investment consultancy provider”, “investment consultancy services”, “fiduciary management provider” and “fiduciary management services” for the first time in pensions legislation.

The Government believe that these duties will encourage trustees to become more engaged with the way services are bought, monitored and evaluated, or to consider more efficient consolidation options. In turn, this will lead to better outcomes for scheme members and employer sponsors of schemes.

For the most part, the regulations replicate the effect of the relevant provisions in the CMA’s order. However, there are some small differences that reflect government policy. One such difference is about the type of schemes that are exempt from the requirement to set objectives. The CMA excluded trustees of schemes that are sponsored or funded by providers of investment consultancy and fiduciary management services from setting objectives for their investment consultant and from tendering for fiduciary management. The regulations bring these schemes back into scope of the requirement for trustees of such schemes to set objectives for their investment consultant. It is government policy that members of such schemes should still benefit from a well-governed, high-performing investment consultant, despite the trustees and the investment consultant being part of the same organisation.

The regulations also do not make any provision about local government pension schemes. This is a matter for the Department for Levelling Up, Housing and Communities and the devolved Administrations in Scotland and Northern Ireland to bring forward their own legislation. As such, for local government pension schemes, the CMA’s order, to the extent that it imposes requirements relating to investment consultants, will continue to remain applicable for the time being.

Finally, this instrument does not create any exceptions from the requirement to tender for fiduciary management services in cases where parties are connected only because they are participating in a joint venture. This is to avoid the risk that, where a scheme sponsor and a fiduciary manager had a joint venture, they would not be required to run, or bid for, a tender. The CMA order contains a limited exception for joint ventures. This change has been made to disincentivise firms from creating joint ventures to circumvent this duty.

As stated earlier, the regulations bring the monitoring and enforcement of these trustee duties into the regulatory remit of the Pensions Regulator. Trustees will be required to provide certain information about the use of investment consultancy and fiduciary management providers in the scheme return which they must complete each year and return to the Pensions Regulator. The information enables the Pensions Regulator to monitor compliance with the duties set out in the regulations. The regulator has said it will update its published guidance to reflect the final regulations ahead of them coming into force.

In conclusion, these trustee duties concerning the way investment consultancy and fiduciary management services are bought and evaluated will facilitate good governance, which will ultimately mean services that are better value for money, benefiting members and the employer sponsors of pension schemes. Of significant importance is that the regulations bring compliance, monitoring and enforcement of the duties under the remit of the Pensions Regulator. I therefore commend this instrument to the Grand Committee and beg to move.

[Baroness Janke (LD)]

My Lords, I thank the Minister for her presentation and explanation of why the Government are introducing this statutory instrument. The Explanatory Memorandum states that it

“will encourage better trustee engagement, transparency and governance when buying investment consultancy and fiduciary management services. It will require trustees of occupational pension schemes … to set objectives for their investment consultant and carry out a tender exercise in certain circumstances before appointing a fiduciary manager. It will also enable The Pensions Regulator … to oversee the remedies which apply to such trustees and ensure compliance.”

The problem that the regulations are designed to address is focused mainly on smaller occupational pension schemes which need to take advice on their investment strategy. The investigation by the CMA of advice to pension schemes found that there was a low level of engagement with trustees, a lack of information for assessment of value for money, and that customers were steered by consultants towards their own higher cost fiduciary management services giving them incumbent advantage.

The remedies proposed by the CMA are to become part of the new regulations, with TPR ensuring compliance. We are broadly supportive of the measures in the SI but have a few issues for the Minister to address. First, can she reassure us that the new process is not onerously bureaucratic and time-consuming for small schemes? Certainly, the introduction of competitive tendering has in some cases led to a very time-consuming process, so I would like her assurances on that.

What about the cost to smaller pension schemes? The impact assessment has detailed calculations but, probably because it is very long and detailed, I did not find a great deal on the need to empower and train trustees and managers to introduce the new system.

Also, the DWP has a strong view that bigger is better as far as pension schemes are concerned. These regulations are needed to improve the quality of advice to smaller schemes with less experienced trustees. Will the Minister say how the consolidation of DB and DC schemes is going? The Minister urges consolidation and the Government are starting to put in place a “comply or explain” duty on small pension schemes to show that they are providing value for money for members or, if not, to merge into something bigger. Has this been successful? How has it been evaluated? Can she say something about what the Government are doing about the barriers to consolidation? For example, what is the cost of legal advice and consultation with members to wind up a scheme and merge into something bigger? In small schemes, costs could be high relative to the gains from consolidation, so what are the Government doing about that?

We support the proposals and look forward to best-quality advice and higher transparency for members of the scheme. I look forward to the Minister’s response to the points that I have raised.

Social Security (Special Rules for End of Life) Bill [HL]

Baroness Janke Excerpts

2nd reading
Tuesday 24th May 2022 Lords Chamber

[Baroness Janke (LD)]

My Lords, like other Members I welcome the Bill and the changes it introduces. As the noble Baroness said, it is right that we pay tribute to some of the campaigners. The Scrap 6 Months campaign, launched by the motor neurone disease charity and Marie Curie, called for urgent review of the special rules for terminal illness. The campaign identified that more than 100 people a month will die within six months of being rejected for disability benefits, spending their last weeks fighting for these. The noble Baroness, Lady Noakes, described to us the situation suffered by people with motor neurone disease, as well as their specific and intensive care needs.

Dying people were being plunged into uncertainty and a web of complexity in the process of applying for benefits under the SRTI scheme. The DWP’s failure to recognise when someone was reaching the end of their life resulted in benefits being cut, non-medically trained assessors failing to understand the severity of the circumstances suffered by some individuals and, as the noble Baroness, Lady Finlay, identified, the need for an independent procedure for appeal. DWP non-specialist clinicians challenged medical evidence provided by doctors, which resulted in delays and rejected claims or lengthy application processes and untimely decisions, even though a medical examination was not necessary under the fast track.

The APPG for Terminal Illness published a report, Six Months to Live?, which also contributed to the policy debate on reform and put forward a number of important proposals. The report highlights some of the difficulties suffered because of long and arduous DWP processes. My noble friend Lady Brinton referred to this and to the frustration of people trying to process their claims. The noble Lord, Lord Balfe, also mentioned the issue of people being able to access the claims procedure properly and identified the need for publicity. The right reverend Prelate the Bishop of Carlisle really welcomed the idea of more clarity and a simpler process that is much more easily understood by claimants.

The changes themselves are welcome: the extension of the definition of “terminal illness” to 12 months and the benefits to be fast-tracked being extended to DLA, attendance allowance and PIP. As many Members have mentioned, consistency with the NHS is also to be welcomed. However, being diagnosed with a terminal illness is already difficult and distressing, not only for the person but for their loved ones. From what I have read, it seems that the benefits system should better support people in that situation, not exacerbate their distress or place unreasonable burdens on medical professionals. There are other things that could change that could make things easier and apply a much more compassionate approach.

Unfortunately there is plenty of evidence of the lengthy, complicated and often repetitive procedures and practices of the DWP, which obstruct people who have other major pressures in their lives. My noble friend Lady Brinton asked how long the process will take and hoped that the 12-month extension will not lengthen the process and make it more inaccessible. In the light of this evidence, will the Minister say how DWP processes will enable faster decision-making? Will the Government consider some form of special unit to be sure that the additional six months will not result in more delay to decisions on claims? The points my noble friend Lady Brinton raised about eligibility for benefits for children is an area that needs to be examined, and the noble Baroness, Lady Finlay, mentioned the need for more extensive examination of centrally held data to provide a background to policy-making.

The report of the APPG for Terminal Illness makes a number of recommendations that would improve the system. One is that a person who is diagnosed with a terminal illness based on the clinical judgment of a registered medical practitioner should be able to claim benefits through the special rules from the time of their diagnosis. What is the Minister’s response to that? When will the Government consider this more compassionate approach? Given the circumstances at the end of life, when doctors are reluctant to provide evidence that is distressing for the individual and their loved ones, this approach is far more flexible and compassionate.

The report further recommends that the DWP should adopt the same approach as it has taken for severe conditions, with a light-touch review of benefit awards under the special rules for terminal illness only after 10 years. This would provide a more flexible approach and would dispense with the constant need for reassessment and reapplication, which happens in too many cases.

Lastly, it recommends that the DWP ends the practice of non-specialists DWP assessors challenging and rejecting the medical evidence provided by clinicians to support a benefit claim under the special rules. This is another aspect of DWP working that needs review. Will the Minister respond on this?

Will the Minister assure us that there will be a review of DWP practices in the light of this legislation? It will be essential if the fast-track system is to work effectively, so that people at the end of life with special, intense and often costly needs receive the benefits on which they depend in a timely and compassionate way.