Business of the House

Debate between Lord Grayling and Eilidh Whiteford

Thursday 26th November 2015 Commons Chamber

[Chris Grayling]

Let us be clear. As a nation we collectively have a duty to do what we can for Syrian refugees. I do not know the exact circumstances in Derby, but it would never be excusable for anyone in this country to mix party politics with the humanitarian needs of Syrian refugees.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Yesterday, while the Chancellor was still on his feet, the Government sneaked out an announcement that they intend to renege yet again on their commitment to carbon capture and storage by withdrawing the billion-pound funding that they promised in their manifesto just a few months ago. That is a disgraceful act of betrayal. It sends an appalling signal to companies seeking to invest in our energy sector, and it makes a mockery of the UK’s commitment to decarbonisation just days before global talks on climate change. When will the Secretary of State come to the House and make a statement to explain to my constituents in Peterhead why they have been led up the garden path again?

[Chris Grayling]

We had to take some difficult decisions in yesterday’s spending review. On renewables, we have made huge progress since 2010. In the second quarter of this year more than 25% of our energy was generated from renewable sources. That is a powerful indicator of the way in which we have put money into renewables, which are playing a bigger role in our society.

Voting Eligibility (Prisoners)

Debate between Lord Grayling and Eilidh Whiteford

Thursday 22nd November 2012 Commons Chamber

[Chris Grayling]

Ultimately, if this Parliament decides not to agree to rulings from the ECHR, it has no sanction. It can apply fines in absentia, but it will be for Parliament to decide whether it wishes to recognise those decisions, as it is with all decisions. Of course, as Lord Justice Hoffmann said in 1999, there are political consequences for the UK if Parliament chooses to take that decision.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

It is right and proper that convicted prisoners should not be able to vote while they are in prison. I very much welcome the Minister’s commitment to consult the Scottish Government at the pre-legislative stage, but may I seek his assurance that he will prioritise keeping to a minimum the burden on the Scottish Prison Service, the Scottish Court Service and those who administer elections?

[Chris Grayling]

I will certainly give the hon. Lady that commitment. I should say that I spoke to the Scottish Justice Secretary this morning ahead of this statement, as I did to his counterparts in the other devolved Administrations. It is important that they play a part in the discussions that lie ahead. Of course, one factor that needs to be a part of the discussion is what the burdens will be on those who have to administer systems to provide prisoners with the vote, if indeed that is what Parliament chooses to do.

Work Capability Assessment

Debate between Lord Grayling and Eilidh Whiteford

Tuesday 13th March 2012 Westminster Hall

[Dr Whiteford]

I should like to bring the Minister back to the first Harrington review, particularly recommendation 7. He has previously told Members, including myself, that those recommendations have been taken on board and implemented, but why has recommendation 7 not been implemented in Scotland?

[Chris Grayling]

In relation to mental health champions, let me explain some of the things that we have done for mental health patients. We have a pool of about 60 specialists who provide advice within the Atos network, and their skills are available to every centre, either in person or by phone. Professor Harrington has looked at how we implemented that change, and he praised it because he thinks that it was done well and effectively. We think that we have delivered that expertise, as does Professor Harrington who is an independent assessor and can say whether or not his recommendation has been implemented properly, which in his view it has been.

If I find evidence that we are not getting things right, we are open to change. As I have said from the start, this programme does not have a financial target and is about saving lives, not saving money. If we are successful in moving people back into work it will, of course, reduce the cost to the welfare state, but it will do so in a right and positive way that will help people such as the woman whom I described, who I hope will return, step by step, to the workplace. The alternative is for her to spend the rest of her life on benefits suffering from depression at home, and no one benefits from that.

That is the spirit in which we have approached all this. We tried very hard to ensure that we got it right with the internal review. There was no particular reason for me to implement the internal review. It was set up by the previous Government. The findings were put together by the previous Government. It would have been easy just to say no, but the advice was that it would increase the size of the support group, and that is what has happened. I regard that as a positive step. I always said, and said on a number of occasions in the House, that I was happy to see the dividing line between the work-related activity group and the support group move a bit in the direction of caution, because we are trying to get this right and I do not want people in the wrong place. There will never be a perfect system—I wish there would be—but we shall try to get this right.

I will move on to the recommendations of the work carried out by the charities. I commissioned that myself. I asked the charities to come back with recommended changes to the descriptors. I very much wanted, and do want, to get this right. The problem is straightforward: they did not actually do what they were asked to do. They were asked to make recommendations about further ways to improve the descriptors that would allow us further to ensure that the assessment process for people with mental health challenges was accurate, effective and reflected their needs and potential. That is not what happened.

The charities came back with a recommended system that would have involved tearing up the whole work capability assessment for mental, fluctuating and physical conditions and starting again from scratch, redoing all our computer systems and all the training for every member of staff in the entire network. That was not just a tweak; it was a comprehensive change to the whole thing, based on no actual evidence. The charities did not come forward with tangible evidence. They simply said, “We think it would work better this way.” They may or may not be right, but that is quite a big step to take just on the basis of a set of recommendations from a group of charities that had been proved wrong in the internal review process.

Oral Answers to Questions

Debate between Lord Grayling and Eilidh Whiteford

Monday 5th March 2012 Commons Chamber

[Chris Grayling]

That is indeed happening. We now have several hundred voluntary sector organisations providing support to the Work programme in various ways, some on a localised level in local communities. They are an important part of the team delivering the project. It is a partnership between the public, private and voluntary sectors and it is making a difference to unemployed people, despite the attempts of the Opposition to put about negative stories which are completely without foundation.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I have a constituent with a degenerative, very painful condition who is due to lose his employment support allowance in two weeks. He feels a long way from the labour market. He also does not think he will be attractive to employers because of the degenerative nature of his illness, but to date he has had no advice or support from anyone about how he might go about getting the kind of job that he might be able to do. What advice would the Minister give my constituent?

[Chris Grayling]

We clearly have had to take a difficult decision on time-limiting, which we have debated extensively in the House. It will apply only to people who have another form of household income or who have savings in the bank. Everyone on ESA is entitled to volunteer for participation in the Work programme, so my advice to the hon. Lady’s constituent would be to discuss his situation with the jobcentre. There is specialist support available for people with health conditions and disabilities.

Work Capability Assessments

Debate between Lord Grayling and Eilidh Whiteford

Wednesday 1st February 2012 Westminster Hall

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

Let me be absolutely clear—particularly in relation to the comments made by the hon. Member for Rutherglen and Hamilton West (Tom Greatrex), who proposed the debate, and the hon. Member for Ogmore (Huw Irranca-Davies)—that we are trying to do the right thing. We are trying to identify people with the potential to go back to work and provide them with the help to do so. Sometimes, those people will have a health condition—in the United Kingdom, 7 million people with a health condition are in work—so the number of points that people receive in the work capability assessment does not automatically mean that they do or do not have a health condition. The judgment is all about helping people return to work, perhaps in different roles. Their health condition might prevent them doing what they did before, but that does not mean that there is nothing they can do.

I approach this debate in a non-partisan spirit, but I want to explain the time lines to hon. Members, so that they understand exactly where we are in the process. In June 2010, 18 months ago, prompted partly by a report from Citizens Advice but also by concerns such as those raised by hon. Members, I asked Professor Harrington to take a careful look at a process that was already well under way. Employment and support allowance and the work capability assessment were established in 2008. The work capability assessment had been working since 2008. Statistics on the growth of appeals matched the flow of new claimants into ESA and worked down to some change 18 months ago, but I was unhappy that the process did not seem to be right, so Professor Harrington went away, reported in November 2010—interestingly, the date at the end of the period that the hon. Member for Kilmarnock and Loudoun (Cathy Jamieson) mentioned when she quoted the Parkinson’s statistics—and made several recommendations to us.

The right hon. Member for East Ham (Stephen Timms) made a point about pilots and roll-outs. Crucially, we did not simply pilot the work capability assessment and then start it. At that time, the questions that we were addressing were whether we could sort out the process and whether we should go ahead and roll out incapacity benefits, which would increase the number of people going through the work capability assessment.

Professor Harrington went away and made his recommendations to us, which we accepted in full and have implemented. He told me, “I believe the system is in sufficient shape for you to proceed with incapacity benefit reassessment.” We set ourselves a goal to put his recommendations in place, improve the quality of the process and address many of the issues to which hon. Members have referred today by the end of last May, when the assessments in the incapacity benefit reassessment were to start alongside the existing process of assessing ESA new claimants. We did that, and we started.

I have heard a lot today about the number of people who have sat through appeals and the number of cases overturned. It is crucial for hon. Members to understand this. I am almost certainly right in saying—I could not swear to being absolutely, 100% right, because there may be a small number of exceptions—that since the Harrington changes were introduced last summer, not a single appeal has been completed. Therefore, all the examples cited today that relate to the appeals process refer to what took place before the Harrington changes to the system that we inherited, which I accept was not doing the job as it should have done. I want everyone to understand that.

As a result of the Harrington changes, we tried to create a more humane, careful and thoughtful system. We have sought to change systems to provide greater protection to those with long-term problems. The right hon. Member for East Ham referred to the internal review that his Government carried out and that we implemented in the belief that it would increase the size of the support group—those who receive long-term unconditional support—and that is what has happened. We believe that the changes that we have introduced will lead to more people receiving long-term support.

[Dr Whiteford]

One issue that I raised with the Minister was that of people turning up for appointments and being turned away because they were double-booked. My constituents who were part of the pilot scheme travel, on average, three or four hours to get to and from an assessment. To be turned away when they have had to rely to get there on family and friends who have taken time off work is a real problem. The Minister has apologised to one of my constituents, but has the policy of triple-booking appointments been changed?

[Chris Grayling]

A situation in which people are treated like that can never be acceptable. Of course, we have an issue with some people not turning up to appointments, and because it is an intensive programme, we do not want a health care professional sitting there without anything to do. Sometimes, we will get it wrong. We will try hard not to, but there is no such thing as a perfect system. That is true of all parts of the system. I openly accept that we will sometimes get it wrong, but we have done everything that we can to create a system that gets it right as often as possible. We have changed the nature of the work capability assessment in the process.

We make a much greater effort to ensure that we have proper medical evidence at each stage of the process from the consultants and specialists working with the people concerned. One reason why so many appeals were successful was that new evidence was emerging only at the appeal stage. We have worked hard to ensure that such evidence comes in much earlier in the process, so if we get it wrong in Jobcentre Plus, we will get new evidence there at a point of reconsideration. That is a crucial change. We are now ensuring that we seek out additional information in Jobcentre Plus before we take the first decision, but we have bolstered the reconsideration process to make it much quicker and more straightforward, so that if we get it wrong the first time, people can get a quick second opinion in Jobcentre Plus. That is crucial to getting the process right.

Youth Unemployment

Debate between Lord Grayling and Eilidh Whiteford

Wednesday 9th November 2011 Commons Chamber

[Chris Grayling]

It is my view that had we not taken those steps, interest rates would be higher, investment would be lower and unemployment would be higher than it is today. I know it is a point of difference between the two sides of the House, but Labour’s alternative strategy would simply involve Britain borrowing more money. I do not understand how it is possible to solve a crisis created by too much borrowing by borrowing even more.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I welcome the Minister’s acknowledgement that youth unemployment is to a large extent symptomatic of the fragility of the wider economy, but will he also acknowledge that the Government’s approach to the wider economy is not working and is actually exacerbating youth unemployment?

[Chris Grayling]

I do not accept that. I shall briefly set out some of the measures we are taking on the broader economic front that will make a difference to unemployment.

The regional growth fund is now delivering investment to parts of the economy where the private sector is too small, and where we want to see private sector growth, and the research and development and investment in infrastructure that creates jobs. The introduction of enterprise zones in parts of the country where the private sector is weak will encourage businesses to grow and develop. The cut in corporation tax will deliver the lowest headline rate in the developed world. Those are examples of measures that will help to make Britain a better place to do business.

Oral Answers to Questions

Debate between Lord Grayling and Eilidh Whiteford

Monday 24th October 2011 Commons Chamber

[Chris Grayling]

I will have to wait and see what the recommendations are, but as a result of Professor Harrington’s first report, it is now decision makers in Jobcentre Plus who take the decision about an individual. I have told charitable groups representing people with a variety of conditions that the door is open to them to brief, train and discuss with those decision makers the issues facing such people so that they are as well informed as possible.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Last week I met representatives of the Royal National Institute of Blind People, who expressed concerns about the descriptors attached to vision. Will the Minister meet the RNIB and other representatives of blind and partially sighted people to address those concerns so that we have vision descriptors that are fit for purpose?

[Chris Grayling]

I have regular meetings with groups representing not just blind people, but those with various disabilities, and I will continue to do so. The object of the exercise is to help those who are blind or visually impaired back into work. Surely it is much better to find them a place in the workplace than leave them on benefits for the rest of their lives.

Welfare Reform Bill

Debate between Lord Grayling and Eilidh Whiteford

Monday 13th June 2011 Commons Chamber

[Chris Grayling]

The hon. Gentleman is of course correct, but I am sure that he would also agree that if someone comes to live and work in this country, receives benefit payments and then returns overseas, they carry with them an obligation that they should fulfil. That is the sole point that my hon. Friend the Member for St Albans (Mrs Main) was making, and it is one that I think Members on both sides of the House would see as common sense. There is freedom of movement across Europe, but we must make sure that the mechanisms are in place to ensure that our systems are not abused. The primary purpose of DEA is to enforce recovery where the debtor is in pay-as-you-earn employment and will not make other arrangements for debt repayment. I think that that is a sensible approach to take.

I apologise to the Opposition for the fact that we were unable to bring the new clause forward in Committee. It has been very carefully considered and discussed in our regulatory processes. We have brought it forward at this time and hope that they will not find it controversial. One of the reasons why I hope that they will not find it controversial is that there is currently something of an anomaly in the system. If someone incurs a penalty, for whatever reason, and remains in the benefit system, we can recover that money through a deduction from the benefit payments they receive. However, if they move into PAYE employment and basically say, “No way. Go away,” we currently have no mechanism for recovering the debt that is owed. That is the purpose of the measures that we are considering.

The rates of deduction will be determined in the regulations, which will include a safeguard to ensure that deductions do not take the debtor beneath a given level of earnings. That is necessary and common practice in the operation of similar arrangements in other parts of society where deductions are made—for example, with court-related penalties and deductions for child maintenance. It is essential that we do not deduct money at a rate that will tip the person concerned below a given level of earnings. It is, and will be, a basic principle that recovery of overpaid benefits should not cause undue hardship.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Will the Minister clarify whether any judicial process will be applied to attachments in relation to someone’s earnings? The reason I ask is because, as I am sure all hon. Members know, mistakes happen, sometimes because of errors on a claimant’s part but sometimes because of errors by the bureaucracy, and I am concerned that there may not be enough safeguards to ensure that attachments will not be made erroneously.

[Chris Grayling]

The hon. Lady makes an important point, and I will explain in a moment what rights individuals will have. It would of course be inappropriate to have a system in which a DEA could be applied and there was no comeback at all for the individual. A system that allowed no right of challenge or appeal would be wholly inappropriate, and I will explain in a moment why that will not be the case.

--- Later in debate ---

[Chris Grayling]

I have had this discussion within the Department. We have already brought forward a number of draft regulations—far more, I am told, than was the case under the previous Government, when, I was told, the instruction of Ministers was very much not to bring forward as many regulations. We have produced as much detail, if not more, about this measure than the previous Government did about their measures. They did introduce some sensible measures—for example, their reforms to introduce employment and support allowance, which was the project of the right hon. Member for East Ham himself—but they wrote a framework into their legislation and filled in the detail with secondary legislation.

[Dr Whiteford]

One of the concerns raised by children’s organisations in Scotland is that not enough consideration has been given to the different statutory framework that pertains to child care in different parts of the UK. In particular, they are concerned that the existing child care infrastructure may not be able to cope with the increased demand that could arise from the introduction of universal credit. I appreciate that the Minister does not want to be drawn on the detail, but can he assure us that parents who are unable to access good-quality affordable child care will not face sanctions if, through no fault of their own, they are unable to find the child care that they need?

[Chris Grayling]

Of course, we already provide child care universally through our schools system. The truth is that no parent with a youngest child under school age can be subject to any job search-related sanctions. Only once their youngest child reaches school age are they subject to a work-search requirement and can face sanctions. Under the rules that are pursued at the moment, and under the provisions that we have clearly said will exist within universal credit, we will expect lone parents of children at primary school to do a part-time job only if that fits in with the hours of that school.

[Dr Whiteford]

I am slightly surprised to hear the Minister describing school as a glorified babysitting service. The real pressure point pertains to older children, and particularly to out-of-school care. That is not covered across the UK by the Childcare Act 2006, which applies only to England and Wales. I urge him to take a closer look at that and to give the House the assurance that parents will not be penalised.

[Chris Grayling]

The point is that we do not penalise parents, particularly lone parents. We do not require them to pursue work; that is out of keeping with the reality of their child care responsibilities. I am not describing school as a giant babysitting service; I am saying that for a goodly part of the year children of school age are at school, and therefore do not need additional child care. The requirements placed on parents by Jobcentre Plus in relation to their job search and whether they take up employment are designed to work around what it is reasonable and what it is not reasonable for them to do. For example, we do not expect lone parents of school-age kids to work night shifts. I can certainly assure the hon. Lady that it is not our intention, nor will it be, to seek to sanction parents in relation to a job requirement that is unreasonable and unrealistic given their child care responsibilities.

Oral Answers to Questions

Debate between Lord Grayling and Eilidh Whiteford

Monday 18th October 2010 Commons Chamber

[Chris Grayling]

I hope that the hon. Gentleman will recognise how important it is that work pays in our society and how frustrated working people are that it is possible for a family to receive, when the tax equivalent is taken into account, an income comparable to £35,000 a year in benefits. If we are to send the message that work pays, we have to limit the amount that the state supports people when they are outside work.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

The Minister will be aware of the pilot scheme operating in Aberdeen and Aberdeenshire. In this extremely rural area, people are being asked to travel significant distances to appointments and the availability of suitable public transport is very limited. Will he consider taking appointments to the rural communities where people are rather than asking them to travel long distances to jobcentres?

[Chris Grayling]

One reason we are doing the two pathfinder projects is to understand precisely the issues and challenges that we will face when we roll out the programme nationwide next year. I am very happy to consider any of the lessons that have been learned from the experience in Aberdeen and Aberdeenshire to see whether we can do things better. In the mean time, we have provided additional funding to the two towns and cities involved in the first programmes—Burnley and Aberdeen—so that local needs that arise during the process can be met.