European Union (Withdrawal) Bill

Debate between Earl of Listowel and Baroness Hayter of Kentish Town

Committee: 2nd sitting (Hansard - continued): House of Lords
Monday 26th February 2018 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, we will come to the issue of children’s rights later in the Bill: the right to education, the right to contact with both parents and the right to rehabilitation from abuse and torture. While listening to the debate I recalled my mother’s experience of losing her younger brother when he was one or two years of age. They were in an air raid shelter that was cold and wet. He contracted, I think, meningitis. I was also thinking of the Anna Freud National Centre for Children and Families, which is a centre of excellence for helping children and young people. Originally it was known as the Hampstead War Nurseries. It was set up by Anna Freud during the Second World War to care for children dealing with the trauma of bereavement as a result of losing their parents in war. I hardly need to say to your Lordships that this is a very important matter. We need only to look at what is happening to children in Syria, so we must take the most constructive and proactive course possible.

We can keep this country safe, but other countries rely on our strength to keep them safe and secure, and help their children to lead stable and secure lives. I am sure that the Minister will want to make a constructive response to this debate and I hope that she will be as sympathetic as possible to the concerns raised.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I will be brief because most of the points have been made. I am grateful to the noble Lords who tabled this amendment and have thus ensured that this important issue is being discussed today. As has been said, the Prime Minister’s speech in Munich did rehearse the case that,

“our security at home is best advanced through global cooperation, working with institutions that support that, including the EU”.

We also had a welcome reminder from my noble friend Lord Adonis of the Prime Minister’s earlier, pre-referendum speech on the same issue. In Munich, she went on to outline her desire for an ambitious post-Brexit EU security relationship, talking about a security treaty as part of the “deep and special partnership” with the EU that she wants to see. However, as we have heard from most speakers in this debate, there was a curious lack of detail, or “beef”, in what she said.

As with last week’s amendments, these issues are integral to how we leave the European Union and indeed to the vote which will take place in this House in due course over the withdrawal deal, with its framework for our future relationship with the EU. As has also been mentioned, there is clearly a relationship between trade and security, as my noble friend Lord Adonis reminded us. I hope, therefore, that when the Minister answers the various points of the debate, she will do so in the spirit of these being an integral part of what this Bill is looking at, which is the method by which we leave the European Union. Given that our role in defence is most probably the main defence power in the EU and the only one already hitting the 2% target, our departure will have a significant impact on the defence and foreign policies of Europe and will therefore affect our other relationships with it.

Indeed, we should be mindful that, while the UK possesses full-spectrum military capability—although a little stretched, as my noble friend Lord Judd reminded us, and no doubt my noble friend Lord West would if he was in his place—and an extensive diplomatic reach across the globe, we should note that our hard and soft power has been greatly enhanced by our membership of the EU. That is why, as we have heard, Mr Callaghan as he was then focused on this and why the last Labour Government helped to launch the common foreign and security policy and the common security and defence policy. So while the Government have rightly indicated that they will seek to continue our participation in, for example, EU missions and interacting with relevant EU bodies, what we need is for the Minister to outline how the Government envisage this happening and on what terms—a point made by the noble and gallant Lord, Lord Stirrup. This is needed with a degree of urgency since, as my noble friend Lord Judd said, there simply cannot be an interregnum or hiatus, to use the words of the noble Lord, Lord Kerr, before something is put in place. We have a year and a month to go.

I will take a moment to pose a different question to the Minister. Given the demands at the weekend by Spain’s Foreign Minister for joint management of Gibraltar’s airport after Brexit, could she confirm that at every step of the way the Government of Gibraltar are being informed and consulted on the Government’s evolving position on these and other issues, and that nothing will be agreed to jeopardise Gibraltar’s future—mindful, of course, of its worries arising from paragraph 24 of the EU’s negotiating mandate?

Welfare Reform Bill

Debate between Earl of Listowel and Baroness Hayter of Kentish Town

Wednesday 23rd November 2011 Grand Committee

[The Earl of Listowel]

My Lords, I will speak briefly to support my noble friend and also to ask whether, if there is some difficulty with achieving this as a one-off from the start, one might start by focusing on women in custody. They are more likely than men to have dependants. I see also the problem raised by the noble Baroness, Lady Hollis. Unfortunately, one of the drawbacks of incarcerating so many women in this country is that once they are taken into custody, the family breaks down. If the Minister can go only part of the way in this context, I hope that he might think in particular about the issue of women in custody.

[Baroness Hayter of Kentish Town]

My Lords, as I have often said, my education on these issues has grown thanks to the Minister, but I am afraid that today he was trumped by the noble Lord, Lord Ramsbotham, from whom I learned that one may use the word “baloney” in your Lordships’ Committee. Given his reputation, I am slightly hesitant about speaking on this, but I will add a few comments. I must say that the last time that the noble Lord, Lord Brooke, told us his story about Degsy in Liverpool, we got significant movement from the Minister, so I hope that his charm will work equally well today.

The amendment seeks to ensure that people who are coming out of custody get swift access to the benefits to which they are entitled. The Prison Reform Trust report, Time is Money, stated that eight out of 10 former prisoners claim benefits. Obviously, delays in accessing them can lead to enormous financial hardship and stress. It can also increase the risk of reoffending. We also know—although I am sure not as well as the noble Lord, Lord Ramsbotham—how many people in prison have multiple needs.

The transitions of entering or leaving prison, or becoming homeless, often lead to both personal and financial crisis. We think of coming out of prison as very positive, but it can be traumatic for people with multiple needs. With no financial contingencies, these people usually rely on a benefit system that they experience as complicated, slow and unhelpful. In extremis, some return to crime, as that was their proven source of income. The report found many problems experienced by people who were just out of prison, such as: delays of up to four weeks before the first payments, with little or no explanation; problems with claims that had been started before they had gone to prison, and which had to be resolved before any new claims could be made; problems of claims being delayed because they had no fixed address; disputes over prison admission and release dates, where timings can be crucial; and problems caused by not closing down a claim on entry to prison, resulting in a fraud investigation and the suspension of the new claim. Many of the people we are talking about have multiple needs. About one-third of people in prison do not have a bank account, which makes the payment of a deposit for housing or to cover early expenses even harder to organise on release.

As the noble Lord said, help beforehand with immediate access to benefits is key if the person is not to feel the need to return to using other people's money simply to survive. It emphasises the point that has been made about the need for help and advice while in prison. This will be particularly the case over the next few years, when the whole benefit system will have changed; the one that they knew on going into prison will be quite different from the UC world when they come out. We also know that in one survey that about half the prisoners had debts that awaited clearance on release, and one in three owed money for housing. That gets them started on a real problem of owing money on existing housing. It also touches on an earlier amendment about splitting a joint universal credit if they return to a partner with children and then want to take over responsibility for the housing amount. There could be some difficult readjustment or re-entry. When publishing a book about returning from the war in 1945—I remind noble Lords on that side of the table that we had a really good election result that year—it was interesting that it was difficult for stable, loving marriages when a man came home from the war and wanted to take over financial responsibility. So these things affect whole swathes of people. It is a stressful time, and getting benefits lined up early is really important.

The Centre for Social Justice, which is often mentioned in this Committee, has also highlighted the problems faced by people leaving custody. Its report, Locked Up Potential, recognised that delays in processing benefits meant that many people who are discharged have no source of income when it is most urgently needed. I am sure that the Minister is very familiar with its recommendations, which are that:

“To bridge the finance gap, with the objective of reducing the resulting crime which it can fuel, we recommend that all prison employment and benefits advisors be required by the Department of Work and Pensions … and the MOJ to initiate core benefit applications at least three weeks prior to a prisoner’s nominated release date”.

It would be helpful if the Minister could let us know what discussions the DWP has had with the MoJ about responding to the recommendations in that report and ensuring that those leaving prison are not left with gaps and delays in getting the financial support that may be essential to them in starting a new life outside custody.

We know that the coalition Government have decided not to continue with the progress to work scheme, which provided support to ex-offenders. That support will be provided through the work programme, although as we have heard there will be some difficulties there. It would be useful to know what decisions have been made about access to work programmes for ex-offenders and whether they will be fast-tracked to receive this support. If not, what alternative arrangements are being put in place to ensure that they receive the tailored employment support that they might need? While I hope that the Minister will respond to discussions for talk, I also hope that it will not just be talking the talk but walking the walk and that we will get some progress.

Welfare Reform Bill

Debate between Earl of Listowel and Baroness Hayter of Kentish Town

Wednesday 26th October 2011 Grand Committee

[Baroness Hayter of Kentish Town]

I am twitchy about one more thing, because I know that the Minister will say no. Although we are happy about the responsibility being put on local authorities with regard to childcare, I cannot let the moment go without saying that their funding has been cut. I know that that is not within his department, but some of these things cost money.

[The Earl of Listowel]

Before the noble Baroness withdraws the amendment, I should have reminded your Lordships that the Childcare Act 2006 applies only to England and Wales, so local authorities in Scotland and Northern Ireland are not under these obligations. I hope that that is helpful to the Committee.

[Baroness Hayter of Kentish Town]

I should have known that, but I did not, so I thank the noble Earl. Nevertheless, we have had some helpful reassurances in the Minister’s response to the debate and I beg leave to withdraw the amendment.

Welfare Reform Bill

Debate between Earl of Listowel and Baroness Hayter of Kentish Town

Monday 24th October 2011 Grand Committee

[Baroness Hayter of Kentish Town]

My Lords, we support this group of amendments, which seeks to ensure that a person’s long-term health condition or impairment is taken into account, both when drawing up a claimant commitment and when considering compliance and, therefore, possible sanctions. Amendment 51CE requires that evidence from a claimant's own health professionals is part of any health assessment required in drawing up the work preparation requirements, along the lines set out by the noble Baroness, Lady Hollins, and emphasised by the noble Baroness, Lady Meacher.

The amendments affect both those claiming ESA and those who fail the assessment process and are asked to claim JSA instead. They apply to people with long-term physical or mental health conditions and impairments. I particularly bring to the attention of the Committee the fact that many of these long-term conditions also fluctuate, as has been mentioned, particularly things like multiple sclerosis. As the Committee will know, MS is twice as prevalent in women as it is in men, so it will excuse us taking a moment on it. Some long-term conditions, such as relapse-remitting MS, also happen to have what can appear to be very non-specific symptoms, such as fatigue, generalised pain and cognitive difficulties. It is vital that the assessors understand those, along the lines mentioned by the noble Baroness, Lady Meacher, and that the advisers take full account of the claimant’s own physician.

The DWP note states:

“Claimants with a health condition, or who are undergoing regular treatment to manage their health condition (but do not have limited capability for work) will be required to provide evidence of any limitations on what work (hours, nature of work, and location) they are capable of doing. This will be taken into account when setting … requirements”.

However, as has already been touched on, if a claimant raises reasonable objections to their work availability and work-search requirements, although those will be considered by the adviser, where there is no agreement, the claimant can only get them reviewed by another officer. That was mentioned earlier by my noble friend Lord McKenzie. That falls short of a proper right of appeal.

As we know, the process for assessing whether someone has limited capability for work is not perfect. It is not easy. Will the Minister update us on the implementation of the year 2 recommendations from the Harrington review following last month’s closing date for evidence? This continued process and the very real concerns that it is causing disabled people mean that it is important that long-term health conditions are considered when the claimant is asked to sign up to that claimant commitment or when good cause is being considered as to whether a sanction should be imposed for failure to comply.

Even if the review process is perfect, there will still be some people with long-term health conditions who are able to undertake work search but who need their conditions to be taken into account. They may, for example, be able to work very competently and fully but for only part of the day or a few days a week from time to time. In other words, they can work well but not necessarily on a sustainable basis. The resulting absences or the requirement for additional time to travel to work or extra support at work need to be taken fully into account when assessing both their search for jobs or subsequent work record. The descriptors relating to fluctuating conditions will be crucial in assisting the assessors.

Because the claimant commitment is new, we do not know the extent to which DWP advisers will take long-term or fluctuating conditions into account. There is a precedent for health conditions to be taken into account when good cause for turning down a job is considered. Those are already set out and include,

“any condition … that suggests that a particular job or carrying out a jobseeker’s direction, would be likely to cause you excessive physical or mental stress or significant harm to your health”.

The draft regulations do not list how this issue will be dealt with under universal credit. Will the Minister outline what is intended in this regard?

I want to finish by bringing to the attention of the Committee the concerns of Scope, which is very worried about the proposals as they stand. It fears that,

“there will not be adequate safeguards to ensure that sanctions are not applied to disabled people who are unable to meet the conditions due to factors relating to their impairment or condition”.

Scope is,

“not convinced that applying long-term sanctions … will incentivise those to comply after the sanction has been introduced”.

Moreover, Scope is,

“deeply concerned that the use of stricter sanctions will impact upon disabled people receiving JSA”.

After all, sanctions are most likely to affect those who did not fully understand that penalties could be imposed. This frequently involves claimants who already face multiple barriers to work, including various disabilities.

Scope also believes that there is little to suggest that sanctioning such claimants in this way will actually do much to change behaviour when a claimant, perhaps with a learning disability, has not understood why they were sanctioned in the first place. Scope is concerned that conditionality requirements and sanctions, as has been mentioned by other noble Lords this afternoon, will not be applied to disabled people until there has been proper consideration of need. A thorough assessment of need and barriers to finding work must be carried out before any decision is taken to apply a sanction. I look forward to hearing from the Minister how he responds to the concerns raised by the noble Baronesses, Lady Hollins and Lady Meacher, and other noble Lords who have spoken.

[The Earl of Listowel]

My Lords, I apologise. I should have put a couple of questions to the Minister. How will care leavers be treated in this system, and what additional support and flexibility might they expect to be shown? Perhaps he might prefer to write to me on those two points.