(6 years, 4 months ago)
Lords ChamberMy Lords, I am most grateful to the noble Baroness, Lady Thomas of Winchester, for bringing this necessary and humane subject before your Lordships today. I am so pleased that the right reverend Prelate the Bishop of London has made her excellent speech today, which adds importance to a matter that can so easily be discarded when there are so many demands on our overstretched country.
There are very many different categories of disabled people, all needing different things. Some of the conditions are very rare and complex. I make a plea to the Government to make some of the forms which have to be filled in for benefits or the blue badge scheme more simple and relevant to the different groups. I have noticed, in 2018, that there seem to be more and more people, and a percentage of them will be disabled. There are long queues at A&E, and patients have long waits for operations, many of which are cancelled at the last minute. I have noticed that many more disabled people are using electric wheelchairs. With an electric wheelchair, one has to use a ramp as they are too heavy and too difficult to tip.
It is difficult to fathom why, when some places have steps, the attitude differs. In Harrogate, in James Street, there are two shops side by side with an identical four-inch step. One has a ramp and the other does not. The ramps are now very light, easy to move and do not cost very much. If only the Government had listened to the noble Lord, Lord Blencathra, who had a Bill this year on access, this unequal, casual attitude might have been rectified. I consider the noble Lord an expert, as in another place he had several senior ministerial positions and now uses a wheelchair. As the country moves on, disabled people need helpful and clear legislation, otherwise they will not be able to live independently.
Forty-four years ago, I founded the Spinal Injuries Association with colleagues, as I know how valuable the support of voluntary organisations are to severely disabled people. A year ago, Martin was injured and sustained a T10 spinal injury at the Manchester Arena bomb explosion. Garry, one of our peer support officers, who is spinal cord injured himself, went to support him. Martin says:
“I remember Garry coming to see me, it was the day I’m being told I’ll never walk again. I’m meeting this incredible person, who is telling me that my life can be good”.
When Martin was told he had a spinal cord injury and understood that he would never walk again, he was upset, but he realised that he was surrounded by his family and friends; so with Garry’s help, he is getting on with his life. SIA is always pleased to help wherever possible.
So many accidents happen, with long-term injury leaving the person paralysed. It can happen with traffic injuries, diving accidents, horse riding, building and falls of all types. After the correct hospitalisation, patients may have to contend with getting suitable housing, schools, universities, changes of employment, and with having to drive a hand-controlled car and, if they have a partner, being accepted and living in the community, which may need a great deal of adjusting.
When I drive around I often notice new buildings and new housing estates going up. Can the Minister say whether any of these are for rent and, if so, would they be adapted for someone using a wheelchair? In Australia, rented accommodation suitable for disabled people is reserved solely for lease to them. Can we not do the same in this country? This debate covers many aspects of life, but disability is so diverse, it spans so many government departments. Is it not time for them all to come together to solve the individual disabled person’s needs?
(7 years, 7 months ago)
Lords ChamberMy Lords, I am unsure that I should necessarily want to do it in the manner suggested by the noble Baroness, but I assure her that we shall continue to examine the effectiveness of all our policies and of all the benefits that we administer on behalf of the Government. Only today, the second of two reviews conducted by Paul Gray into PIP has been published. We promised these statutory reviews as a result of legislation passed some years ago. The Government will respond to the second review in due course.
My Lords, I declare an interest as president of the Spinal Injuries Association. Is the Minister aware that we have many young people of working age who have broken their backs and necks and are paralysed and who need help to get in and out of bed and into their cars? They need expensive personal care so that they can get to work. If they do not get this, they cannot work.
My Lords, the noble Baroness is right to draw attention to the problems of people with spinal injuries. The same is true for people with any of a host of other conditions, be they mental or physical. That is why we offer the help that we can and why we are committed to trying to reduce the employment gap between those who are disabled and those who are not by seeking greater working opportunities for those with health problems.
(7 years, 9 months ago)
Lords ChamberMy Lords, I thank the noble Baroness, Lady Scott of Needham Market, for securing this debate. Many people are tired of hearing that Brexit means Brexit. This debate may give some insight into what disabled people are thinking. It seems a long time since I made my maiden speech on what became the Chronically Sick and Disabled Persons Act 1970. I have been surprised by how much legislation there is concerning disabled people incorporated in the European Union. Britain has helped to lead the campaign for better protection for disabled people. It will be a tragedy if, ostracised from Europe, we become an isolated island. As far as disability issues are concerned, I feel that Europe needs us and we need Europe.
I hope that the Minister will give us some reassurance today. Many disabled people are frightened at this time. Diabetes can be a serious disability if not controlled. Will such research as the DIAMAP project, the Alliance for European Diabetes Research, funded by the European Commission, still be available for members from the UK? The European Commission funds many important research projects to find ways of preventing disability. Does Brexit mean that we will no longer be part of the European Disability Strategy 2010-2020, a renewed commitment to a barrier-free Europe? Will the blue badge for disabled drivers or passengers, a European project, still be available?
I am very concerned when I hear members of the Government say that we want to let in only the brightest people when Brexit takes place. This will be a disaster for disabled people who need help. We have many disabled people, some of whom can work, but they need carers who can help with personal care and mobility. We do not have enough British people who want to do such jobs. We need the many young, fit people who come from the EU who are honest and want to work. They do not need to be high-fliers but they need to feel wanted and to be cherished. Otherwise, with a low pound and abuse, they will not come. The Government have a responsibility to enable disabled people to live as independent lives as possible.
(8 years ago)
Lords ChamberThe noble Baroness is right. One of the areas of greatest concern is people who have learning difficulties and people with autism. The figures are not good. There are more than 1 million people with learning disabilities and only 6% have work. I think we are going to see a report on autism this evening showing that only 16% of people with autism are in work. Clearly, in this period of consultation we need a particular focus on people in this group to help them into the workplace.
My Lords, how is the Minister going to see that the various departments work together and not in silos so that disabled people get the help they need? For instance, there are some brilliant people in the spinal injury field but they may need help to get up in the morning and go out to work.
That is exactly the kind of focus that pulling the two systems together should start to address. As the noble Baroness says, if somebody needs a bit of help at a regular time every day to get to work, just putting that little bit of resource in is transformative for that person. That is something that the system has never really been able to do until now and one of the things that we can start to look at as we bring work and health together.
(8 years, 6 months ago)
Lords ChamberMy Lords, I congratulate the noble Baroness, Lady Thomas of Winchester, on securing this debate and on her persistence over this important matter. Under PIP, those who can reliably walk more than 20 metres will no longer qualify for the highest rate of the mobility component. This support is crucial to the lives of many disabled people, allowing them to live more independent lives and to access suitable transport and adapted vehicles, such as through the Motability scheme. I must declare an interest as I have been a vice-president of Motability for many years. The chairman, the noble Lord, Lord Sterling, recently told me that there had been an increase in take-up of the scheme. Therefore, there must be an increase in the number of disabled people, because with this new restriction, organisations for disabled people say that more than 5,000 people will no longer qualify for the enhanced rate of the mobility component of PIP. Some people have already lost support after being reassessed from DLA.
This is a desperate situation for some disabled people living in rural districts who have no public transport. If they have employment, they will lose it. They will also lose the independence needed for a social life and will have to use hospital transport for hospital visits, costing the NHS much-needed funds.
A few years ago, the Rheumatoid Arthritis Society linked parliamentarians with members of the society to learn about how they live. I was linked with a splendid young woman from Suffolk who had a Motability car. She also had a job. She might be the sort of person who would not qualify because she can walk a little. I ask the Minister: what is the definition of those who can reliably walk more than 20 metres? Could she define “reliably” to the House? There are so many people with rheumatoid arthritis, multiple sclerosis, Parkinson’s disease and all sorts of other orthopaedic and neurological conditions. This is a very complex matter. Will the Minister tell your Lordships about the people who do the assessments? Are they trained occupational therapists or physiotherapists? Surely, they should be trained in these complex disability conditions.
I made my maiden speech in 1970 on the Chronically Sick and Disabled Persons Bill. That legislation was to lift restrictions in many ways so that disabled people could live better lives. In 2016, it is of great concern if we are going backwards and taking independence away from people with disabilities. I hope that the Minister and the Government will have a very serious look at how they can help make disabled people as mobile as possible.
(8 years, 8 months ago)
Lords ChamberMy Lords, the Chancellor and the Secretary of State are saying that at the Autumn Statement we will look at the whole picture and at how the finances of the country should be organised. At that stage, there will be lots of moving parts and we will be able to see how this fits in.
My Lords, I agree with the part of the Statement that says that disability is very complex. There are very many different disabilities and many of them involve extra expense, such as extra food to keep fit. I also agree with the noble Baroness, Lady Thomas, about Motability. If you live in a rural area and do not have a car, you cannot get to work and are therefore stuck. Another very important issue is the people who do the assessments, about which there has been a lot of criticism. Can the Minister arrange better training for the people doing the assessments?
I accept that one of the issues around the disability element is that we have a fairly one-size-fits-all approach. One thing that the new Secretary of State will be very interested to hear is how best to manage the process in the light of that complexity—I know that he is very aware of it. I have tried to deal with the Motability issue. It is different people who are getting that and it is based on a better test; PIP is a better test than DLA. We are putting a lot of resource into assessments and their quality is now showing some good improvement.
(11 years, 4 months ago)
Lords ChamberI thank the noble Lord for that. I hope that he will appreciate that my concern was that I did not want to start the forthcoming Session by doing the perp walk down the middle of a 747 on an extradition order back to the USA.
My Lords, I thank the Minister for what he has done for these unfortunate people, but I very much hope that there will be an increase in research. If there is a will, I am sure that there will be a way of finding a cure.
My Lords, before the Bill passes and goes on to another place, I want to add a few words to those that have been spoken. I specifically support what the noble Lord, Lord Browne of Ladyton, said earlier about the limitations and relaxations that may well occur in Amendment 5. Like him, I hope that when the Bill goes to another place it will be subject to further scrutiny.
(11 years, 4 months ago)
Lords ChamberMy Lords, I support this group of amendments and I thank the Minister for his work, which was well illustrated at the beginning of this debate. I knew very little about mesothelioma until I saw its debilitating effects on friends, including the former Bishop of Peterborough, Ian Cundy, who some Members may recall died in 2009. The knowledge that the cause of this cancer has been lurking in one’s body for 20 years or more of active life may suggest in itself that more research into detection and treatment may prove valuable. There is nothing that can be done to rewrite someone’s life history, which may include often unwitting exposure to asbestos while young, but much can be done to promote research into a disease that will kill 2,400 people in the UK this year—the equivalent of wiping out one of Norfolk’s smaller market towns within 12 months. If that sort of tragedy happened it would be front page news but this passes us by too easily.
I am not sure that even now I fully understand why mesothelioma is such a Cinderella of cancer research but this amendment provides a practical way of providing a corrective. The levy proposed is practical and proportionate and it might even stimulate more high-quality researchers to think that this is a worthwhile and reliable area in which to have a sustained work programme over many years. I recognise too that it may even stimulate more voluntary contributions to such research, quite apart from what the Government may give. I also understand that it has some support within the insurance industry. Although I have no expertise in this area, from all that I have read—I am very grateful for the way in which the proposers of this amendment have circulated material to the House—I hope the Minister will look on this proposal or something like it sympathetically.
My Lords, I congratulate the Minister on his hard work on this Bill and I am pleased he understands what an awful condition mesothelioma is. It seems this condition has almost been written off as far as research is concerned. However, there are so many developments and advances in modern research that there should be research into all types of tragic conditions. There should always be hope. Research into one condition can often find a cure for another by chance. My noble friend Lord Alton of Liverpool explained the need for research so well. I hope your Lordships will support these amendments. It is good to see Ministers from two departments coming together. This is very hopeful. I support these amendments.
My Lords, I start by giving apologies from my noble friend Lord German who should be standing in my place today but is at a family funeral. I join in the praise for the two Front-Bench spokesmen for the dedication and commitment they have given to this legislation.
The amendment is worthy and I have admiration for the persistence of the noble Lord, Lord Alton. However, this is quite an easy target to win support for medical research and we have to question whether it is an effective amendment. All the evidence we have heard today suggests that it is not necessarily the lack of funding that is the problem but the lack of effective research proposals. That is what we should be addressing. If the insurance companies thought there was effective research to be supported, they would be the first to support it because it would reduce their liability. That is what we need to address. The Minister in his response should help us.
The other important thing is that this levy has been arrived at by negotiation and agreement. It is not a statutory levy that we are putting in place because we think that it is appropriate. It has been arrived at through agreement and negotiation. Are we saying that we have to start these negotiations again as we will be putting a supplementary payment on the people who have agreed to this levy? We need to know whether this will mean a serious delay to the legislation and its implementation. The Minister should give us answers to the complications that these amendments could cause. We are interested in getting the benefits into the hands of the families who have suffered from this disease.
We also have to ask what we are arguing over. What are the sums of money that we are arguing over? They do not seem to me to be very large. The Minister should therefore tell us—I am sure that he will in his closing remarks—what efforts the Government are going to make to meet some of the requirements for funding if we can find effective research.
This issue seems worthy and worth support and it is very easy to argue for it. But what is the reality and effect of the amendment and what sort of delay will it cause to this legislation? Those are the key issues that the House should be looking at this afternoon.
I have just made the point that the public liability may have been bundled up with employee liability but it did not necessarily cover asbestos risk. That is the issue. If we start going into this, we are just blasting open and widening the position in a way that is very complicated and difficult to deal with under the timelines we are dealing with.
Moving to the second group about the self-employed, here the matter is not so clear-cut. Some people may appear to have been self-employed but if they are able to demonstrate when making their application that in fact they were employees, they may be eligible for a payment under the scheme. There is considerable case law amassed on this and we will ensure—I can commit to the noble Lord, Lord Howarth—that the scheme will reflect this when assessing applications.
I know it is not fashionable but I should point out that there is a technical problem with the amendment, which is cumulative, but I will not go through it. As drafted, this amendment does not work because you have to be an employee and self-employed. In our spirit of co-operation, if we wanted to take it we would adjust it, but there are good reasons in both cases why we do not want to.
My Lords, what happens to the wife who has been contaminated by her husband’s dungarees? Will she get anything?
Yes, my Lords. That specifically is what the state provision is there for. In particular, the 2008 mesothelioma scheme was set up to make payments to people, such as wives, who worked with asbestos. It is a smaller payment but that is what it was designed to do. I ask the noble Lord to withdraw his amendment.
(11 years, 5 months ago)
Lords ChamberMy Lords, I thank my noble friend Lord Alton of Liverpool for tabling this regret Motion. He has spoken so clearly and fully on the worrying situation that the Regulations 2013 may result in the loss of mobility for many disabled people.
The mobility scheme has been a great assistance to many disabled people who would not have otherwise been able to afford a car or an electric wheelchair. This scheme is headed by Her Majesty the Queen. It has given mobility and independence to many people. Can the Minister tell me whether it is really a possibility that many people will lose their cars and the ability to run them?
I would add a few words about the vital need for a car if one lives in a rural area, as I do—even more so if one is disabled. A car enables a disabled person independence to take part in everyday life, getting to a job if they can work, taking children to school, shopping, going to the doctor, and just getting around. Making people mobile is so important. There is very limited public transport, if any, in some rural areas. I cannot understand that the Government are going backwards in penalising disabled people.
Before the mobility scheme existed there were small three-wheeler cars which were maintained by the Government. They were not ideal as a disabled person could not take a passenger, but they were better than nothing. I cannot think the Government could be so cruel to take mobility away from people whose lives are changed when they have it and are isolated if they do not.
My Lords, I should begin by acknowledging all the work done by the noble Lord, Lord Alton, in bringing to the attention of the House, not just today but repeatedly, the concerns of people who are in receipt of mobility payments and who are worried about the effect of these changes and the way they are being implemented.
This debate this evening has made very clear just how important Motability cars and other mobility schemes are to so many disabled people. I was very moved by the account just given by the noble Baroness, Lady Masham, who explained so well the consequences for so many people; of how important it has been to have access to these cars and the fears that would accompany their departure.
The scheme, as Motability itself puts it, gives disabled people,
“the freedom to get to work or college, meet up with friends, enjoy a day trip out with their families, attend a medical appointment, or go shopping; to enjoy the independence that so many of us take for granted.”.
Yes, quite so. One of the things that we have struggled to get to tonight is the game of numbers—a point made by the noble Lord, Lord Alton, the noble Baroness, Lady Thomas, my noble friend Lady Hollis and others. It has proved very difficult to get a clear picture of just how many people will be affected by these changes since the Government have so far been unable to give us precise figures for those who might lose their cars or adapted vehicles. My noble friend Lady Hollis offered up 180,000. In the absence of anything from the Government, I suggest we all adopt that figure tonight. If the Minister will not accept that, please could he give us his own figure?
In past debates, the Minister has contended that because the decision to lease a vehicle is an individual one and the contract between the individual and Motability is a private one, it is not a matter for the Government. In response to that, first, the noble and learned Lord, Lord Hardie, made the very interesting point that if direct payments are made, the Government must know that information. Even if they do not, irrespective of the fact that a number of people will choose no longer to lease a vehicle, a number will automatically lose theirs simply by virtue of the fact that they will no longer be entitled to the enhanced rate when they transfer to PIP. The Government surely must have at least an estimate of what those numbers will be. Could they please share those numbers with us? Could the Minister tell us his best estimate tonight?
Secondly, if the Government intend to press ahead in the way they have announced, those affected will clearly need to make plans about how to manage the effects of the changes. What are the Government doing to publicise the changes and inform people who will be affected? The noble Lord, Lord Alton, and my noble friend Lady Hollis asked what transitional arrangements would be put in place for people losing their cars. The Government have told the House previously that they were in discussions with Motability but could not then give further detail. The noble Lord, Lord Freud, has said previously that he had sympathy with the concerns of the noble Lord, Lord Alton, and he was keen to find a way of supporting people during the transitional period. In the debate on 13 February, the noble Lord, Lord Freud, said in response to my noble friend Lord McKenzie of Luton:
“We are actively exploring what extra support we can give to disabled people to ensure that they can still get to work. We are looking at whether we can use access to work as that particular vehicle. We want to ensure that mobility support remains in place during any transition between the Motability scheme and access to work”.—[Official Report, 13/2/13; col. 740.]
What is the position on Access to Work, an issue also raised by my noble friend Lady Wilkins? Will it be possible to use Access to Work for this? What will happen with transitions? Will the sums of money available be enough to deal with the kinds of things described by my noble friend? Where have the Minister’s conversations got to? Also, where have his discussions with Motability reached? Will he provide more information as to what transitional measures might be put in place? In particular, what opportunities will be given to claimants to either buy or continue to lease adapted vehicles, and at what price? Will he clarify the position of in-patients in hospitals? That point was raised by the noble and learned Lord, Lord Hardie, the noble Baroness, Lady Thomas, and others.
This would also be a good time for the Minister to give the House some more information about the new consultation on PIP criteria and how that will link in with the inception of this new scheme—a point made by many noble Lords, understandably. It might help if the House understood more of the Government’s thinking on questions such as the 20/50 rule and the issues on which other campaigners have been pushing the Government to consult. How will this affect people in receipt of the higher rate of DLA who use Motability cars? What advice would he give them at this stage, looking ahead and trying to plan?
There is then the question of geography, raised by the noble Lord, Lord Wigley, and that of people in rural areas, raised by my noble friend Lady Hollis and the noble Baroness, Lady Masham. Have the Government done any assessment of the variable impact around the country? Can we even have a sense of impact by region, or the difference between urban and rural impact? I am sure that the Government would not have made a change on this scale without having considered that. Will the Minister share that with us?
Finally, at the risk of running slightly wide of the Motion, has the Minister given any thought to the context in which these changes are taking place? We know that support for disabled people wanting to move into work has been in trouble. The Work Programme is struggling generally and is clearly failing to help disabled people into work. The latest report from the Employment Related Services Association suggests that the numbers of people on ESA getting a job start as a result of referral to the Work Programme are terribly low: just 6% of referrals in the ESA flow payment group had a job start, 5% of those in the ESA volunteers group, and just 2% of referrals in the ESA ex-IB group. Given that, will the Minister take this opportunity to give the House some reassurance that the Government are concentrating in a cohesive and integrated way on the kind of support needed to help disabled people into work and to support them when they are there?
(11 years, 5 months ago)
Grand CommitteeMy Lords, I support these amendments. I am particularly attracted by the one tabled by my noble friend Lord Howarth. At the very least the Committee needs to know the figures that he has asked for and I hope that in his reply the Minister will undertake to provide them.
Equally, if the insurers are claiming that they might have a case of action under the Human Rights Act were an earlier date to be instituted, I would be grateful if the Government could make available their legal advice on the likelihood of such a claim succeeding. I know that the Government usually hate making legal advice available but there are precedents for it in exceptional circumstances. I am sure the Minister will agree that this is an exceptional circumstance and I hope that he will at least look at making such advice available. It bears very much on these amendments.
I am sure that the Committee understands the constraints under which the Minister is operating. Quite rightly, he is trying to get a deal agreed with the insurers and to get it through as soon as possible so that those who are suffering from this disease can get some support as quickly as possible. We all have great sympathy with the efforts that he has put in to achieve that.
At the very least we should be looking at the earlier date. My reasons for saying that are exactly those put forward by the noble Lord, Lord Alton. If nothing else, we should be doing so because that was the wholly reasonable expectation that those suffering from this disease and their families had when the previous Government brought forward their measures. I hope that the Minister will agree to look at this again and to think about bringing forward the date in the way proposed in the amendments.
My Lords, are people with mesothelioma covered by the Disability Discrimination Act? If not, they should be.
My Lords, I, too, put my name to the letter and I, too, support my noble friend’s amendment—at least, the spirit of it. Mesothelioma is an awful condition, as has been so well explained by my noble friend Lord Walton. It needs research. Many more people will be developing this terrible disease. Research is advancing in many ways. One only has to think of stem cells and transplants. One never knows what will happen. However, this condition needs continuing expert research to find a way of alleviating the suffering, as well as a cure to stop this condition developing. I am sure there will be a way to stop it developing. It is there in the body but it needs the experts. Research means hope for these unfortunate people. Surely the Minister can find a way of accepting this amendment.
My Lords, I, too, was one of the signatories of the letter that was drafted by the noble Lord, Lord Alton. I join in the congratulations that have been expressed to him on his assiduous work over very many years on behalf of the sufferers of mesothelioma. I am delighted to support him in this amendment, particularly now that the arguments that might have been advanced against a statutory levy have been so comprehensively demolished by none other than the noble Lord, Lord Pannick, and several other noble Lords who have spoken.
If we get this amendment into the Bill, it may not be perfect but, as several of your Lordships have said, it will act as a stimulus to the provision of more funding from a number of different sources, which we may not all have known. The noble Lord, Lord Howarth of Newport, mentioned the DWP. We should look beyond the boundaries of the United Kingdom. Surely we are not concerned only with what has been called the national research effort. Mesothelioma is not confined within the boundaries of the United Kingdom. We might also look to the EU’s International Rare Diseases Research Consortium, which has a responsibility for looking at the 6,000 rare diseases that account for a surprisingly high proportion of the deaths and serious morbidity from cancerous diseases. I do not know whether mesothelioma is already on the consortium’s list but, if not, it certainly should be.
I wholeheartedly support the spirit of the amendment of the noble Lord, Lord Alton, and I hope that the department might consider widening the scope of the research that is conducted on the disease by looking to Europe, particularly this rare diseases research consortium.
I hope that the Minister will forgive me for interrupting him again but is he saying that the department cannot raise money for itself, or that the department cannot approve of a levy that is being taken from the insurers? Is the Bill not broader than the department? Can Parliament not put it into the Bill even if the DWP says that it is not part of its remit? The two points are, first, whether you can support a levy even if you cannot raise the money yourselves, and, secondly, why can the Bill not go forward with it while we discuss whether another government department will be helpful? At the end of the day, if a government department is going to say that it will not help to raise money for mesothelioma, what on earth is the public going to think about the coalition?
Is it not about time that we changed the policy, if it is policy, because surely now one wants to work together? Health and social care are trying to work together, so why not work together with pensions and health?