Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 11th November 2014 Commons Chamber

[Chris Grayling]

I would hope that the hon. Lady would pay tribute to the probation staff and voluntary sector organisations that have come together in her area to bid for the contract to take on the CRC, because they are committed and believe that they can do a better job in bringing down reoffending in the future. I am delighted by the outcome of the bidding process in her area, and I hope that, when we reach the point of contracts and the new arrangements are put in place, the expertise of all of those organisations will transform our work in tackling reoffending in the hon. Lady’s county.

[Duncan Hames (Chippenham) (LD)]

I certainly welcome the prevalence of mutual organisations among the list of preferred bidders in our part of the country. What care is the Secretary of State taking in this process to ensure that their partners in those bids give them a genuine role as mutuals in providing those services and do not allow them to become bid candy in their proposals?

[Chris Grayling]

Let us be absolutely clear and put it on the record that it would be wholly and utterly unacceptable for any voluntary sector bidder involved in the preferred bidder status to be treated as bid candy. I am delighted that we have some really strong partnerships between the private and voluntary sectors. I have stood in this House on more than one occasion and said that I want to see those strong partnerships. They are not prime/sub relationships; they are partnerships at the top table. This is something of which we as a coalition should be proud. It is about the voluntary and private sectors working together in a way that I believe will make a real difference.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 9th September 2014 Commons Chamber

[Chris Grayling]

Let us be clear first of all: any suicide in our prisons is one too many, and I and my colleagues, and the team in the National Offender Management Service, take these issues very seriously indeed. We are working very hard to address the issues as to why people take their lives. As I said, we saw an increase earlier in the year and a fall during the summer. I hope we will continue to see a fall, but we might see an increase; these things do not follow a pattern. The reality is that we have looked at all the cases and there is no common pattern to them, but I absolutely refute any suggestion that we are disinterested in this or want to create an environment that allows this to happen. Indeed, I have said publicly that I regard dealing with issues of mental health in prisons as the next reform that this Government should embark on.

[Duncan Hames (Chippenham) (LD)]

In his recent written statement on the Office of the Public Guardian, the Minister of State, my right hon. Friend the Member for Bermondsey and Old Southwark (Simon Hughes), alludes to a future segmented supervision model for deputies. Will he act to reduce the number of people forced to pay through their estate for expensive solicitors to act as deputies, and find them better value alternatives instead?

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 6th May 2014 Commons Chamber

[Chris Grayling]

We have excluded victims of trafficking and domestic violence from our legal aid reforms.

[Duncan Hames (Chippenham) (LD)]

The Government were due to publish before March their response to the public consultation on their proposed changes to the Office of the Public Guardian and supervision of deputies. When will this happen so that we can better protect the vulnerable people whose best interests are meant to be served by them?

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 18th March 2014 Commons Chamber

[Chris Grayling]

My hon. Friend is right, and this is at the heart of our reforms. Crime in this country is falling, which is good, and the number of first-time entrants into the criminal justice system is falling, which is also good. Crime is increasingly being committed by those who are going round and round the system. My hon. Friend has put his finger on the rationale for our reforms. If we do nothing about this, there will be more and more victims of crime. I do not want to see that happen, although the Opposition are clearly happy to do so.

[Duncan Hames (Chippenham) (LD)]

The Government support a greater role for mutual organisations in the provision of public services, and there has been welcome interest from mutuals in the rehabilitation contracts. What steps is the Secretary of State taking to ensure that mutuals will be well placed to participate in the provision of those services?

[Chris Grayling]

We have had some strong bids from employee groups within the probation service, and we have sought to provide them with as much support as possible. There is a unit in the Cabinet Office that has provided financial and professional support during the bidding process. I have no say in the final decision making process, but I have every hope that staff groups will be involved when those decisions are made in the summer.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 8th October 2013 Commons Chamber

[Chris Grayling]

Let me tell the hon. Gentleman what I think would be a danger to the public—to continue to release people on to our streets after short sentences and with a high risk of reoffending with no supervision whatsoever. It should never have happened, it is unacceptable and the sooner it stops the better.

[Duncan Hames (Chippenham) (LD)]

The most difficult questions for a judge to consider must include those cases whose chances of success may be deemed borderline. Where does that leave important questions such as those posed by my late constituent Tony Nicklinson, who had locked-in syndrome and sought the right to die? Would the Minister deny legal aid to him and others who survive him?

[Chris Grayling]

Every case must be judged on its own merits. We cannot provide legal aid for every possible case that can be pursued, but we will retain a system that provides legal aid in cases in which the courts and the Legal Aid Agency, which judge the entitlement to legal aid, think it is appropriate to do so.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 2nd July 2013 Commons Chamber

[Duncan Hames (Chippenham) (LD)]

I understand the need to bear down on costs that is driving the Lord Chancellor’s legal aid reforms. Given the disproportionate cost of defending corporate fraud cases, will he consider other ways to make savings, such as requiring those costs to be met out of companies’ public liability insurance?

[Chris Grayling]

I am all in favour of making anyone involved in our court system make greater use of insurance, as they do in Germany. However, it is a difficult place to get to if we are asking victims of crime to contribute to the cost of prosecuting that crime.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Tuesday 19th March 2013 Commons Chamber

[Chris Grayling]

I have been very clear that I find it profoundly unsatisfactory that people who get sentences of less than 12 months are not provided with supervision post-prison. The changes that we have put in place will include that group and people who receive community sentences. We must remember that 80% of those who end up in our prisons have completed a community sentence, so that part of our system is not working either.

[Duncan Hames (Chippenham) (LD)]

The risk posed by offenders can change, as was illustrated all too vividly by news reports from Chippenham last week. Under his proposals, how will the Secretary of State ensure that medium-risk offenders are assessed to enable them to receive attention from skilled and experienced probation officers should they become a higher risk to members of the public?

[Chris Grayling]

We are very clear that there has to be a simple mechanism for offenders whose risk profile is changing to be reassessed by a public probation officer. As a result of our consultation, we are working through the details of how that process should work. I am very clear that the responsibility for protecting the public from the risk of harm should and will remain with the public sector.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Monday 25th June 2012 Commons Chamber

[Chris Grayling]

The hon. Lady will know that when the present system was set up by the previous Government, they built in a system of prognosis times, which set a rough estimate of the next time an assessment should be held. As I said, I have now taken steps to lengthen that period when somebody has been through an appeal, but she should be under no illusion: the system she talks about is the one set up by her own party.

[Duncan Hames (Chippenham) (LD)]

The Minister should know that, at the end of last year, more than twice as many people as the Courts and Tribunals Service’s target figure were having to wait more than six months for appeals, at a cost to the Ministry of Justice of more than £40 million in the first year of this Government. When the tendering process for assessments for personal independence payments begins, will he seek options to ensure that any contractor that partners with the Government takes its share of the risk and of meeting the costs of decisions that are overturned on appeal?

[Chris Grayling]

The decision-making process lies within Jobcentre Plus and the decision makers work to a template established by the Department for Work and Pensions, but the reality is that under the Human Rights Act 1998, passed by the previous Government, the courts have decided that everyone has a right to appeal, and if people do not like the decision made, whether it is right or wrong, a large number will choose to appeal. We will do everything we can to get the decisions right, but we will not be able to stop people appealing.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Monday 23rd April 2012 Commons Chamber

[Chris Grayling]

It is obviously difficult to be exact in an individual circumstance without knowing about the case, but my message to all those in receipt of benefits is that this change affects only those in the work-related activity group who have the potential to return to work and who have another means of income or who have savings in their household. It does not affect those who cannot work in the support group. It does not affect those who need the financial support through an income-based benefit. It affects only a minority of claimants who have the potential to return to work and have other means.

[Duncan Hames (Chippenham) (LD)]

I understand why the Minister would want assessments to consider people individually. However, the frameworks for those assessments need to be got right. Take, for example, how a blind person may fare in applying for the new personal independence payment. Will the Minister and his colleague look again at the weightings that will apply to the activities supported by this payment, since if someone with full sight loss is unlikely to qualify for the enhanced level of support, surely there would be a case for changing the weightings?

[Chris Grayling]

We are trying to get this right. We want a reform that produces a system that reflects genuine disability and does not provide support to those who do not need it. We are in the middle of a consultation about this. I ask my hon. Friend to take part in that consultation and to encourage his constituents who may be concerned about the reform to do so. We want to get it right.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Monday 5th March 2012 Commons Chamber

[Chris Grayling]

I am afraid that the hon. Gentleman is continuing to cite figures that are statistically inaccurate. The figures to which he refers were distorted by the previous Government’s propensity to bury young people in the statistics where they would not be visible. Now that we do not put people on to a training allowance, which counts as being off jobseeker’s allowance, we are telling the truth about the scale of youth unemployment and seeing the real picture. Our statisticians have made the calculations and found that, when those statistical adjustments are taken into account, there has been no increase in youth unemployment of more than six months over the past two years.

[Duncan Hames (Chippenham) (LD)]

Rather than falling since the general election, youth unemployment in my constituency has risen by five people; it is still too high, however, and I certainly welcome the youth contract. Clearly, it has also risen in other parts of the country at a rate that the west of England has not experienced, so will there be a way of ensuring that the take-up of the youth contract will be high in the parts of the country where it is most needed?

[Chris Grayling]

I absolutely agree with my hon. Friend that this is a huge challenge for us. The truth is that, since the general election, youth unemployment has risen by approximately 100,000, with about half that increase coming from full-time students looking for part-time jobs. I regard any level of youth unemployment as too high, and I hope that the subsidies that we provide for employers who hire young people, together with the extra work experience and apprenticeship places being created through the youth contract, will help those in precisely the parts of the country to which he is referring.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Monday 18th July 2011 Commons Chamber

[Duncan Hames (Chippenham) (LD)]

9. What plans he has to issue guidance to prospective applicants on the evidence required from them to receive employment and support allowance.

[The Minister of State, Department for Work and Pensions (Chris Grayling)]

ESA claims are normally made by phone. A statement is then sent to the claimant setting out any additional evidence necessary to support the claim. If claims are made using a clerical form, notes are provided about evidence that may be required. There are no current plans to issue further guidance, but this is constantly kept under review.

[Duncan Hames]

I thank the Minister for that answer and am pleased to know that this is under review. Answers to my written parliamentary questions show that in Chippenham nearly half of all unsuccessful applicants who appeal win their cases at tribunal, in some cases by presenting evidence that they did not know they were to produce when they first made their application. Does the Minister recognise that these successful appeals are a costly process that do not represent value for money for the taxpayer and cause unnecessary heartache and hardship for the people concerned?

[Chris Grayling]

I absolutely agree with my hon. Friend and want to see fewer cases going to appeal. This is one reason why we have stepped up the reconsideration process in Jobcentre Plus, so after the initial decision is made we actively seek out further evidence, if such evidence exists, and use it to reconsider our decision. I hope and expect to see the number of successful appeals reduce significantly as a result.

Work Capability Assessments

Debate between Lord Grayling and Duncan Hames

Wednesday 27th October 2010 Westminster Hall

[Chris Grayling]

I am grateful to my hon. Friend for giving me prior notice of his concerns. One of the things that I am happy to consider—I have said that we will carry on reviewing this process as we go forward—is some kind of emergency brake for people who suffer an immediate and very sharp deterioration in their condition. We should be able to reflect that, and I will ask officials to consider how we deal with such a situation. The goal is to do the right thing by people. What I do not want to do is say of any condition, “Nobody with that condition can ever work.” I do not want to give people an automatic path into the support group because where we can, and where circumstances enable us to do so, we should be trying to help people into work. Clearly, when things change rapidly, we need to see whether there is a way in which to address that.

[Duncan Hames (Chippenham) (LD)]

I am glad that the Minister says that Atos does not have an incentive to fail people. We have heard so much about the cases in which Atos has failed and in which people have successfully appealed against its assessment. Surely there should be some penalty for the service provider, because the system, and the appeals that errors cause, are a great waste of taxpayer’s money.

[Chris Grayling]

We cannot simply regard this as a question of errors by the assessors. The hon. Member for North East Derbyshire mentioned the issue of the number of medical professionals available. A more diverse range of medical professionals is being used, including those with expertise in mental health and orthopaedics; it is not simply doctors who are being used. One problem with using GPs is that we are putting them in a difficult position, because they are in danger of compromising their long-term relationship with a patient if they say, “Actually, you can go back to work.” We are very reluctant to go down the GP route. I am confident that having a mix of professionals will help us to deliver what the hon. Lady has asked for.

Getting the appeal numbers down is about getting the system right. I have asked Professor Harrington to consider how we can improve the system to reduce the likelihood of appeals. Appeals will never disappear, because some people will not want to accept what has happened. What we can do is seek to make the system as good and as effective as possible.

Let me touch briefly on the work programme and the support. The hon. Lady made a valid point about the need to provide personalised support. The work programme is designed to offer providers the freedom to tailor a programme to the individual, and not simply implement a programme designed in Whitehall. One of the reasons why programmes went wrong over the past 10 years was that they were too centrally directed. Officials would say, “You will do this. You will have five interviews and a period of work experience.” I want to trust the professionals, particularly those from the smaller, voluntary sector groups who probably work with some of the harder-to-help claimants, and give them the freedom to decide what works, rather than having to follow what Whitehall dictates.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Monday 19th July 2010 Commons Chamber

[Chris Grayling]

Absolutely. I was profoundly concerned to discover some of the things that the last Government had done. That is why we are taking steps to address some of the problems, such as the fact that people undergoing chemotherapy have been expected to go to work, which is one of the examples of actions that were completely wrong. We have also commissioned a review by a leading professor, backed up by senior figures with relevant experience of matters such as mental health. We will seek to ensure that the work capability assessment, while being right, fair and proper in the system as a whole, is judged as effectively as possible so that it does not treat unfairly people in genuine need.

[Duncan Hames (Chippenham) (LD)]

I welcome the Minister’s review of the work capability assessment, which is long overdue. Two thirds of sufferers from Parkinson’s disease have been deemed fit for work. Such people suffer from a long-term, complex, debilitating but also fluctuating condition. What assurances can the Minister give that his review will ensure that future assessments are not so crude as to brand them benefit cheats?

[Chris Grayling]

I assure the hon. Gentleman that there is no way on earth that we would seek to brand people in that position benefit cheats. Our job is to find the right dividing line. When it is practical to do so, we should help people with disabilities into work. There is general agreement among all the groups who work with them that that is the positive and the right thing to do. However, we must also ensure that people who are genuinely not capable of working receive unconditional support, and all the care that we can possibly provide. That is where we will seek to draw the line.

Oral Answers to Questions

Debate between Lord Grayling and Duncan Hames

Monday 14th June 2010 Commons Chamber

[Chris Grayling]

Our job is to get as many young people, indeed people of all ages, as possible back into government—[Interruption.] I mean back into employment. Well, our manifesto did say that we wanted everyone to be part of the task of trying to make things work. We need to get every young person we possibly can back into the workplace, and we need to get as many people as possible off benefits and into the workplace. That will be the purpose of the single Work programme, our apprenticeships plans and of the reductions that we are going to make in taxation on small business employers; and it is the reason we are not going ahead with the Labour party’s job tax, which would have damaged employment in the hon. Gentleman’s area and other parts of the country. Those differences of approach are what the country really needs.

[Duncan Hames (Chippenham) (LD)]

Is the Minister aware that many employees in future jobs fund placements, especially part-time workers on the minimum wage, took home less each month than their placement cost the fund? In future, will he ask for fairer partnerships with employers that provide better value for money for the taxpayer?

[Chris Grayling]

I can confirm that we will look for better value for money for the taxpayer and the maximum possible effectiveness in getting people into work; not work that lasts just six months, but work that gets them into sustainable, long-term careers that can make a difference to them—not the sort of short-term scheme that characterised the previous Government’s last few months.