EU Charter of Fundamental Rights

Debate between Lord Grayling and Simon Hughes

Tuesday 19th November 2013 Commons Chamber

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

Following the constructive response from the Secretary of State about how the coalition agrees on many of the issues under the justice remit, may we also get agreement that, although there are differences between us over whether the Human Rights Act 1998 was a proper tool for implementation, this country cannot remain in the Council of Europe unless we continue to subscribe to the European convention on human rights, which we have done for many decades? There must also be a consensus across the House that the European Union charter of fundamental rights should not extend to impose itself across our legislative process, and that has been our understanding from the beginning of its implementation.

[Chris Grayling]

That is very much the legal view of the Government at this moment in time. Were we to discover that that was not to be the case—the law has had a habit of moving around in recent years—I hope that all parties would come together and say that it is not acceptable and put in place measures that would prevent it from happening.

Oral Answers to Questions

Debate between Lord Grayling and Simon Hughes

Tuesday 8th October 2013 Commons Chamber

[Chris Grayling]

I have had a number of discussions with the Justice Minister over the months. We have not specifically discussed our legal aid reforms, but I know he has similar financial challenges to ours. He has mentioned those challenges to me, and I know he is looking at how best to deal with them.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

The Secretary of State knows how welcome his announcement was a few weeks ago, and how he listened to responses. Concerns remain, however, about the shortage of members of the Bar doing legal aid work in welfare law and the like, and about the fees currently proposed for remunerating them. Is he willing to look open-endedly at that fee regime to ensure that we have good lawyers who are able to represent people on legal aid in the future?

Transforming Legal Aid

Debate between Lord Grayling and Simon Hughes

Thursday 5th September 2013 Commons Chamber

[Chris Grayling]

By the time all the changes we have introduced reach a steady-state point, the ratio will be roughly 50:50.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

May I declare my interest as a lawyer and a member of the JCHR? I should also mention that I submitted a response to the consultation with some criticisms of the original proposals. I pay tribute to the Secretary of State for listening to the Committee responses and for responding, and also for producing a second consultation paper to which people can respond. It seems that the threat to the high-street lawyer and the specialist firm has been lifted, which is welcome, and also that the Secretary of State understands there are still savings to be made in time and cost in the legal system, which remain a scandal. However, may I just ask him to undertake to the House that the poor, those with special needs, the young, those who do not have English as a first language and those who may not be resident here normally but who have human rights issues of national and international importance will still have a legal system they can turn to in their hour of need?

[Chris Grayling]

I can give my right hon. Friend that assurance. I have listened to the representations made to me by members of the JCHR and privately by members of the judiciary about some of the more specialist situations—where people have been trafficked, where there is a child aged under 12 months, and other similar cases—and we have sought to identify cases where there are individual special needs that need to be met. That is reflected in the proposed changes—to the residence test, for example. When my right hon. Friend reads the detail of what we are proposing, I hope he will see that we have made modifications designed to reflect the concerns he and others have raised.

Oral Answers to Questions

Debate between Lord Grayling and Simon Hughes

Tuesday 5th February 2013 Commons Chamber

[Chris Grayling]

There are two reasons. First, we do not believe that the expertise exists on a localised basis to procure payment by results in an ambitious way—the kind we are proposing. Secondly, many probation trust management teams are enthusiastic about being part of the contracted-out world themselves, so I hope and expect that we will see some of them forming partnerships and creating new bodies that will take the service forward.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

4. When he last met the Joint Committee on Human Rights; and if he will make a statement.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I have not met the Joint Committee on Human Rights since I became Secretary of State for Justice. I was due to attend an evidence session before the Joint Committee on the Government’s human rights policy on 18 December 2012, but the meeting was postponed and will now take place on 12 February 2013.

[Simon Hughes]

I look forward to the Secretary of State’s visit. When we were debating the Legal Aid, Sentencing and Punishment of Offenders Act 2012, before he took over as Secretary of State, his Department gave a commitment to review legal aid, particularly in relation to immigration and asylum, a year later. The Committee is now addressing that issue in relation to unaccompanied minors. Will he look at the evidence being given, address that issue before he comes to meet the Committee and see whether we ought not to amend the legal aid arrangements so that vulnerable people with immigration or asylum issues get the proper legal support and advice they need?

[Chris Grayling]

I am very happy to give that commitment and to look at that issue before the evidence session, and I look forward to discussing these issues with my right hon. Friend and his colleagues.

Oral Answers to Questions

Debate between Lord Grayling and Simon Hughes

Monday 23rd April 2012 Commons Chamber

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

We always discuss issues such as that one very carefully with our subcontractors, but I do not believe that it affects the professionalism of the health care professionals who are carrying out the work on our behalf. Many are doing a very difficult job in challenging circumstances—but doing the best for people who claim incapacity benefit and who could have a better future.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

Following earlier questions on pensions, will the Minister put on record the fact that the Budget and the Government’s decisions are the best news ever for pensioners now, as well as for pensioners in the future? The press and the Opposition appear to have somewhat missed the point.

Welfare Reform Bill

Debate between Lord Grayling and Simon Hughes

Tuesday 21st February 2012 Commons Chamber

[Chris Grayling]

Indeed, Mr Speaker, and I shall try to be as rapid as I can for that reason.

It would be all too easy to bow to pressure to backtrack on these reforms, but we will not do that for precisely the reasons set out by my hon. Friend the Member for Dover (Charlie Elphicke). There is a real problem of people in temporary accommodation, and we also have about a million spare rooms being funded by housing benefit. We must sort out the situation and solve the problem to which he rightly refers. These reforms are designed to do that.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

I am grateful to Ministers for their engagement on this difficult but important issue. With reference to families who cannot find suitable alternative smaller accommodation but are in the categories that the Government have wisely exempted from the benefit cap, will the Minister explain to me why they should be penalised and where they will find the money to meet the extra bill—potentially £750 a year?

[Chris Grayling]

I know my right hon. Friend has expressed concerns about the policy. Let me say to him that we will carry out detailed reviews of it, as I know he wishes us to do. We will look at the impact of the policy. We have a year to work with the families involved, and we are providing substantial sums. An additional £30 million was announced as part of the debate on these measures, as well as the substantial amounts available for discretionary housing payments. It is our expectation that in most cases what we will see over the next 12 months is a change of circumstances that addresses many of his concerns, but there will be discretionary funds available to local authorities so that in his constituency and others they can deal with the kind of situation that he has described.

[Simon Hughes]

If the Bill goes through, but before regulations are laid, will the Minister work with colleagues and local government to make sure that the people affected have certainty? The problem with discretionary payments is the uncertainty, and people who cannot work have enough uncertainty already.

[Chris Grayling]

Let me give my right hon. Friend an assurance that we will work closely with him on the process of reviewing the impacts and over the coming months we will continue our dialogue with him, which has been very helpful and constructive, to make sure that we make him aware of the approach that we are taking and that we seek his input in that approach. I give him that assurance.

Welfare Reform Bill

Debate between Lord Grayling and Simon Hughes

Wednesday 1st February 2012 Commons Chamber

[Chris Grayling]

I shall make some progress because we do not have that much time and other hon. Members will want to contribute.

The Government have said that there will and should be some exemptions from the cap, but we believe that work should be the primary way in which households can avoid it. We will therefore exempt households that are entitled to working tax credit. There will be a similar exemption after 2013 for working households on universal credit. Excluding child benefit will only dilute our aim. Being in work—even part-time work—must always pay better than relying on benefits alone.

We have always acknowledged that there will and should be exemptions from the cap among benefit recipients. Those will be households where someone is in receipt of disability living allowance. We will also exempt war widows and widowers. I can announce today that we intend to exempt the small number of households where someone is in receipt of the support component of employment and support allowance but not in receipt of DLA.

We have been clear that we are looking at ways in which to ease the transition for families and to provide assistance in hard cases. That is no different from what we did when we introduced the housing benefit cap a year ago. We used the time before the measure came in to work with those affected; we had flexibilities around the start; and we ensured discretionary funding for local authorities to support hard cases. It is our intention to take the same approach with the Bill.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

I support the principle of the cap and appreciate the Government’s efforts to understand the difficulties of those hon. Members who represent high-cost housing areas. The house price in my constituency is roughly double the national average.

Can the Minister confirm what our right hon. Friend the Secretary of State told me in the House on 9 November 2010—that it is “the Government’s policy that” people should not be forced to move

“to a far-off community with which they have no links, and that the intention will always be that”,

if they have to move,

“they should ideally stay in the community or council area where they come from and where they have lived”?—[Official Report, 9 November 2010; Vol. 518, c. 166.]

The Secretary of State gave me that assurance. Will the Minister repeat it?

[Chris Grayling]

My understanding is that those were not the words used by the Secretary of State, but I want to reassure my right hon. Friend.

Let me set out in a little more detail how the transitional measures will work. First, those who are affected by the cap will receive and have access to immediate support from Jobcentre Plus and the Work programme, starting from April this year. We know who the families are. We need them to understand how the cap will work and how it will apply to them, because people in receipt of working tax credit will be exempt from the cap. So we have a 12-month period to work intensively with the families concerned to explain what steps they need to take, to provide support through the Work programme and to look for employment opportunities for them, which will address the issue and move them back into work.

We also always expected that we would provide a grace period—a degree of transition—for people who simply lose their jobs and find that their circumstances have changed dramatically through no fault of their own. We will not penalise those who are in work and doing the right thing. We will put in place a nine-month grace period for those who have been in work for the previous 12 months and lose their job through no fault of their own. We have always intended to make this measure, and I am happy to make that clear to the House today.

In addition, the Secretary of State and the Prime Minister have made it clear that we will provide transitional support to help manage families into more appropriate accommodation—as we did when we introduced the housing benefit cap. So we will follow the same model of additional money for discretionary housing payments that we adopted for the introduction of the housing benefit cap last year. We will ensure that resources are available in the right areas, such as London, where a larger proportion will be affected. We will provide short-term, temporary relief to families who may face a variety of challenges, such as not being able to move immediately for reasons of education or child protection, supporting minimum levels of access to the housing market.

Oral Answers to Questions

Debate between Lord Grayling and Simon Hughes

Monday 24th October 2011 Commons Chamber

[Chris Grayling]

I can indeed. One of the things that surprised me most on taking office was the fact that the previous Administration had made no attempt whatever to identify how many people from overseas were receiving benefits. We are now doing that work. We aim to publish the results in the next few weeks, and we will aim to learn lessons from what we find.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

14. What recent discussions he has had with organisations representing disabled people about the face-to-face assessment process for personal independence payments.