Welfare Reform Bill Debate
Full Debate: Read Full DebateLord Freud
Main Page: Lord Freud (Conservative - Life peer)Department Debates - View all Lord Freud's debates with the Department for Work and Pensions
(12 years, 10 months ago)
Lords ChamberMy Lords, I rise briefly to support the amendment of my noble friend Lady Hayter. However, her case was made on the assumption that the commission will have expertise. The original requirement that commissioners must have expertise relevant to the work of the commission has been taken out by this legislation. Apparently, the Government have argued that, because the commission will be a reviewing rather than an advisory body, the expertise requirement is no longer needed in the schedule. However, as End Child Poverty points out, this makes no sense. Reviewing requires just as much expertise as advising.
I should therefore be grateful if the Minister could give a rather better explanation as to why that provision has been taken out, because it is in danger of weakening the commission. I understand that the commissioners will be appointed through the non-departmental public body appointing process. Can the Minister explain how the process will work in this instance? What type of expertise do the Government believe is necessary for the commission, taken as a whole, to have? How will the NDPB appointment process ensure that the commission has such expertise? We are of course talking about expertise on both child poverty and social mobility. It is perhaps also worth considering not just traditional academic forms of expertise but the expertise born of experience.
My Lords, at the start of these two groups of amendments on the child poverty commission, I want to make it clear that this Government are absolutely committed to tackling child poverty. Our child poverty strategy, published in April last year, set out the package of reforms that we are implementing to ensure that no child faces a life trapped in poverty. As part of this, we want to create a new and more powerful commission that can assess the progress made as reforms are implemented.
Amendment 62F seeks to ensure that the commission continues to provide advice to the Minister as to how to eradicate child poverty. As noble Lords are aware, the new Social Mobility and Child Poverty Commission differs from the original child poverty commission in a number of important aspects. First, it will have a broader remit that will encompass social mobility as well as child poverty. Secondly, it will for the first time have the power to publicly assess government progress. The previous child poverty commission’s role was simply to provide advice to government. The new commission is required to produce an annual report that assesses whether the Government are taking the steps that they said they would in their strategy, and it will therefore have the opportunity to hold the Government to account for the steps that they are taking and point out where they are falling behind. This will ensure that Ministers are still responsible for developing the strategy, as is right, but that there is external examination to ensure that it is being implemented.
Finally, the commission will no longer play a direct role in the development of the Government’s child poverty policy. This third change is crucial if we are to maintain our commitment to ensure that unelected public bodies are not established unless there is a clear need for their work to be carried out independently of government. This is one of the three key principles of the review of public bodies carried out by the Government last year. It is the role of the Civil Service, directed by Ministers, to develop policy. This is not a job for external bodies.
We cannot justify establishing a public body to provide advice when there is already a wide variety of ways in which government can access such guidance. Indeed, many of the organisations that we might expect to see represented on such a body provided recommendations on the current child poverty strategy via our extensive consultation exercise. Giving a single public body a statutory power to provide advice to government on child poverty policy also risks undermining ministerial accountability. It offers a degree of scope for Ministers to shift responsibility for their policy to an external body. When publishing its report each year, the commission will have the opportunity to advise the Government on steps that they should be taking to implement the strategy. As an independent body, the commission would be able to respond to government consultations and put points to Ministers, alongside other organisations with an interest. It is a fundamental principle of this Government that Ministers are accountable for the policies and strategies they put forward. Therefore, while we will continue to consult widely on this policy area, we do not believe that the commission should be given a special, statutory role in providing advice.
I can tell the noble Baroness, Lady Hayter, that we are committed to establishing the new commission as soon possible, once the necessary legislative changes are made. That means, given that I need to define “as soon as possible”, that as soon as the amending legislation has been passed we will begin to put the new commission into place.
If the commission thinks research is required but the Minister does not, whether or not a particular request is granted will be a matter for private discussion between the Government and the commission. The commission will be able to request research directly; there is provision for it to do that.
On the issue of the expertise on the commission, raised by the noble Baroness, Lady Lister, we intend that it have the appropriate balance of expertise in child poverty and social mobility and we agree that a commission without specific expertise in these areas would not be effective in carrying out the functions set out in the Bill. How will we conduct the appointment process? All members of the commission, including the chair and the deputy chair, will be appointed using a fair and open recruitment process which meets the standards required by the office of the Commissioner for Public Appointments.
I am sorry to interrupt, but I also made a point about expertise born of experience. I sat on the Commission on Poverty, Participation and Power, half of whose members had experience of poverty. It was one of the most rewarding experiences of my career, because the insights of those with experience of poverty were such that I could not bring to the subject. Will the Government be open to such expertise?
Yes, my Lords. I hope that I was making clear that our intention is to get people who are experts in the area. It is hard to overspecify what that means, but people in that category could provide a powerful insight. I am not going to write the job spec in detail tonight, but clearly those would be attractive sets of experience for the commission.
Amendment 62CZA would require that any steps taken in relation to collecting child support maintenance should be consistent with advice given by the Social Mobility and Child Poverty Commission. I will stick precisely to the point in relation to the commission rather than straying back into some of the discussions we had earlier this evening. Our view is that the commission should not be involved in developing policy. From that it follows that we do not think that it should develop policy on child maintenance. That is something for which Ministers alone should be responsible—or perhaps responsible for alongside the House of Lords.
Moreover, where payments are reliable and regular, child maintenance provides parents with care with a separate income stream that may improve the lives and life chances of some children in or near poverty. We have concluded that child maintenance payments are estimated to have a small, non-reportable impact on the number of families living in relative income poverty as currently measured and with current data sources.
Amendment 62JA, the government amendment, and Amendment 62K, would both create an explicit provision in the Bill for the Government to carry out research at the commission's request if it so wishes. We addressed that issue briefly in Committee. I gave assurances that having that provision in the Bill is unnecessary. The Bill already enables Ministers to provide the commission with any resources, including research, which Ministers think are required for the commission to carry out its functions. However, given that the issue has arisen again, we decided to table an amendment to allay any remaining concerns. The government amendment provides that Ministers have the power to carry out or commission research at the request of the commission if they so wish.
Before I ask the noble Baroness to withdraw the amendment, I make it clear that the Government do not consider any of the amendments consequential. I commend Amendment 62JA.
My Lords, does not Davos sound interesting? I gather that the Prime Minister is there as well as the noble Lord, Lord Layard, but that Mick Jagger decided not to turn up. The advantage in one sense of the absence of the noble Lord, Lord Layard, is that we have had the privilege of hearing the amendment moved by the noble Lord, Lord Adebowale, who is second to none in his experience of working with substance abusers and those with mental health problems. It is good to have him here.
The subject of mental health is an important one and has featured a lot in our debates throughout the Bill—in discussions on where and whether conditionality is appropriately applied, in looking at the length of time for which contributory employment and support allowance should be available, and in assessing ways of dealing with the caseload for DLA and how best to introduce and assess the new PIP criteria. In all these we have been dealing with the consequences of the increasing mental problems that have been touched on. We know that the diagnosis of mental health problems has been rising. An NHS study in 2007 found that the prevalence of common psychiatric disorders severe enough to need treatment was between 6 and 9 per cent among people of working age. That means that we are talking about between one in 10 and one in 20 of our fellow citizens.
The consequences of that for the Bill and for the DWP are most obvious in the growth of the number of people eligible for DLA. Since 2002 the rise in the number of claims—which the Minister has frequently cited when making the case for reform of the benefit—has been almost entirely accounted for by those with either learning disabilities or mental health conditions. So, ensuring that employment and mental health treatment services are working closely together would have clear benefits not only—although most importantly—for claimants, but also for the department’s own efforts to reduce the number of people forced out of work through ill health. Equally vital will be an attempt to work with employers to help them better understand and equip themselves to be able to use the talents of those who, whether on an ongoing basis or for short periods, experience poor mental health.
I hope the Minister will outline in his response not only how employment-focused services, in particular for those on ESA, are working with mental health experts and ensuring that claimants receive the right treatment, but also what his department is doing to encourage employers to put the right support in place and to take a positive attitude towards workers with poor mental health. If he follows up on the excellent suggestion of a meeting, it would be particularly appropriate, along the lines set out by my noble friend Lord Winston, to include the Department of Health in it. Perhaps we will be able to encourage a bit of cross-Whitehall working on this issue.
My Lords, I start by thanking the noble Lord, Lord Layard, who is in a better place, and the noble Lord, Lord Adebowale, who moved the amendment, for all their work on mental health conditions. Last month I had a very good meeting with the noble Lord, Lord Layard, on these matters, so there is an active dialogue. I want to put this into some context. This is an area that I have taken an enormous interest in, and I think that we need to go much further. What we need to realise is that we are right at the beginning of the process of even thinking that for people with these kinds of illnesses, work is a solution and not a problem for them. It is early days in our understanding of what to do and how to do it, but in the years to come we will have a really good opportunity to try to lock some of this stuff down. It can be done from several directions, which I want to describe.
The problem is that, as we know, around a third of those going on to ESA have a primary diagnosis of a mental health condition, although dual diagnosis and co-morbidity is seen in many cases. Indeed, a lot of people have mental health problems because they are long-term unemployed or long-term inactive. They need the right interventions to help them back into work, and mental health services are absolutely vital in that area, along with employment training and support. It must be the role of GPs and health services to diagnose conditions and work out what, if any, specialist health support should be provided to each individual, and to make those referrals to specialist health services. They have the knowledge to make those complex judgments. It is not the role of non-medically qualified individuals in Jobcentre Plus to do that; it is simply not appropriate. They can do some things—they can signpost people to health support such as the IAPT programme; they can provide work support—but they do not have the training or the knowledge formally to refer individuals to specialist health support. Nor do I want to go down the road of mandation into treatment or of out-of-work obligations. That is not the right way to go. I think that noble Lords will immediately understand all the human rights issues around that.
I assure noble Lords that we have a significant number of safeguards in place to ensure that individuals who present with mental health conditions and who may need specialist health support are signposted to such support. If at work capability assessment stage an individual presents with unexpected findings or undiagnosed physical or mental health conditions that cause the healthcare professional concern, and they feel that their GP should be aware of it, that information goes to the GP within 24 hours of the assessment. Again, it reinforces the role of the GP.
I am not talking about passing the buck to the NHS, because we have an important role to play. We need to ensure that the incentives in the system are right so that we stop people falling out of work—mental health conditions come second behind musculoskeletal conditions in the list of reasons. These concerns led me to commission the sickness absence review led by Dame Carol Black and David Frost. That important review has done a lot of the analysis that I wanted, and one of its recommendations was an independent assessment service which offers a kind of second opinion and a much more coherent view on what a person can do in terms of the workplace and their illness. That is about catching people at the right time, and I want to be able to catch people right at the start. The review has made a very serious set of recommendations which, as we work through their implications, could become a valuable motor to our rethinking how we supply help and make the connections between health and work. That is one opportunity that we now have. We are taking our time to get our reaction out because we want to get it right and to sort this issue out in its context.
We are also working with work programme providers to help them support those of their participants who have a mental health condition in gaining employment. We have had a bit of a slow start, as I had to admit in this Chamber yesterday, with the flow of ESA, although there are good signs that it is beginning to pick up. We have established a relationship between the prime providers and the mental health specialists, and I thank the noble Lord, Lord Adebowale, who is one of the key people in working out the mental health interventions that help people on the road to work. He has started working that out precisely and I am looking to him to give me some of the answers. I should probably vote against him rather than him against me because he has the responsibility in that area.
Within Jobcentre Plus we have launched a new support for all advisers to ensure that they are better skilled in helping claimants to improve their health and well-being. Jobcentre Plus employs disability employment advisers who are able to help claimants with the most severe health problems and to refer them to specialist divisions, such as Work Choice. We employ mental health and well-being partnership managers to build practical links between the local mental health services and employment services. Outside of the employment support we provide, the department has been actively engaged with the Department of Health to ensure that employment support is an integral part of the IAPT programme. Similar work is ongoing with the devolved Administrations.
This is a serious amendment on a serious matter. It is a difficult matter and we are not going to sort it out with a little bit of legislation. I commit to continue giving the issue serious consideration and effort. We can make a big improvement to the lives of hundreds of thousands of people and I commit to go on working in this area. I will have any meeting on this matter. My door is always open anyway but on this matter it is wide open. I therefore urge the noble Lord to withdraw his amendment.
Is Access to Work still available to people with mental health problems?
I thank the Minister for his thoughtful response and the Members of the House who have taken part in this useful debate.
It is frustrating for me that there is evidence about the interventions that are likely to work with people who have the most common types of mental illnesses which restrict their ability to work—mainly anxiety and depression. The use of programmes such as Beating the Blues—the cognitive behavioural therapy approach which is most widely used in mental health, and the most widely researched intervention in the world—has a measurable and predictable impact on mental health. It is possible to apply some of these approaches and improve a depression and anxiety score such as to enable someone to work.
It is important that we pick up on the point, which noble Lords may not fully have understood, that we are dealing with people in a client group who are sometimes ill, but most of whom want to work. This is not me saying that—it is the expression of these individuals. They recognise that work is a powerful mental health improver. One in six people with serious mental health conditions currently work, and yet eight in 10 wish to do so. This means that there are 356,000 people with mental health conditions in the UK who wish to work but are not doing so. These people are inviting an intervention.
Although I recognise the seriousness of the Minister’s remarks on this issue, there is a systems failure that we could resolve. This is not about people like me and my organisations coming up with credible solutions; we have to match those credible solutions with the policy and the practice of the DWP. That is why the amendment is so important.
While I am on the subject of the work programme, my discussions with Ministers often ended with the sentence, “It is early days”—and it is early days—but the days are running out.
My Lords, I will speak to Amendments 62G, 62H, 62J and 62L, which have been brought forward to ensure that the commission’s duty to report on child poverty in the UK does not duplicate the responsibilities of the devolved Administrations. They clarify that accountability for progress on devolved matters affecting child poverty will remain with the devolved Administrations. They have been developed in close consultation with those Administrations.
The Government have always been of the view that the new commission will be most effective if it continues to have a UK-wide remit. That is why it will continue to have a member appointed by a Minister from each of the devolved Administrations, in addition to the members appointed by UK Ministers. However, it is important that the commission does not unduly duplicate the scrutiny measures already provided by each of the devolved Administrations. We have therefore agreed that the annual reports will not present the commission’s views on the progress of the devolved strategies. The reports will only describe the child poverty measures taken by the relevant devolved Ministers. This approach will ensure that responsibility for scrutiny of the content of the devolved strategies remains with the devolved Administrations.
Secondly, these amendments also enable Northern Ireland to join the commission at a later date, if the Northern Ireland Assembly passes a Motion to that effect and a Minister of the Crown makes a corresponding order. Until then, the commission’s report is not required to comment on the Northern Ireland child poverty strategy, and the commission will not have a member appointed by the relevant Northern Ireland department. By giving the Assembly this option, this approach allows us to proceed with the commission for the rest of the UK, respects the rights of the Northern Ireland Assembly and ensures that we adhere to the principles of the devolution settlements while ensuring that the Sewel convention is not breached. These amendments ensure that we can create a commission which can sit effectively alongside existing devolved provisions and report on progress across the UK.
Amendments 62EA and 71 clarify the provisions in the Child Poverty Act 2010 that set out the requirements for UK child poverty strategies. The Act requires each UK strategy to,
“describe the progress that the Secretary of State considers need to be made”,
over the period of the strategy. The current UK child poverty strategy does this in detail. It sets out the radical package of reforms that the Government are introducing and provides a clear timeline for progress in terms of policy implementation. However, the strategy does not set interim targets for reductions in child poverty by the end of the three-year strategy period. We do not wish to incentivise the short-term income-transfer approach in which small amounts of moneys are given to families to lift them just over the poverty line. This is the easiest way to improve child poverty figures but it does not strike at the heart of the problem. This is what our reforms will do, tackling the root causes of poverty and providing a sustainable solution which will enable us to meet the 2020 targets.
This approach is absolutely in line with both the letter and the spirit of the Child Poverty Act. It is important to confirm in statute our existing understanding that the Act does not require progress in this context to be expressed in numerical terms or interim targets. These amendments will ensure that it is a matter for the Secretary of State to decide how the strategy should describe progress and make it crystal clear that a long-term approach such as that outlined above is in line with the requirements of the Act. These amendments will ensure that the commission does not duplicate the responsibilities of devolved Administrations and clarifies the requirements for child poverty strategies.
The Government see Amendments 62H, 62J and 62L as directly consequential upon Amendment 62G. However, further Divisions would be required should noble Lords wish to push the other amendments in this group to a vote. I beg to move.
My Lords, I rise to speak to the amendments that deal with the devolved Administrations. I wondered until almost the last sentence that the Minister spoke exactly what the game was going to be. From what I understand, it will be mainly in terms of the avoidance of duplication. I do not know whether I have got that right—and perhaps the Minister can indicate whether it is mainly the avoidance of duplication, as opposed to giving anything additional with regard to the powers.
The 2020 target has had considerable enthusiastic support in Wales, but the progress has not always been as positive as one would have hoped. Of course, definitions of child poverty can sometimes be a problem, as I am sure that the Minister will immediately acknowledge. It is not just with regard to absolute levels of poverty; it is to do with relative levels as well. Perhaps the Minister will respond to this. One challenge is to get joined-up thinking between the devolved Administrations which have responsibility for social services, education, community services and local government. Many of the other responsibilities are in Westminster, particularly the economy and taxation and the transfer of resources. That is clearly important in cracking this problem. I welcome any steps being taken here that bring greater coherence and better working together between the various parts of these islands for that purpose. But I hope that something additional will come into the equation that enables greater progress to be made to eradicate child poverty, not just in Wales but throughout the UK.
My Lords, we are supportive of Amendments 62G, 62H and 62K. As we have heard, Amendments 62G and 62H clarify the position with regard to the devolved Administrations and Amendments 62J and 62L do so with regard to Northern Ireland. The briefing note explains that Amendments 62G and 62J ensure that there is no overlap between the role of the commission and the devolved Administrations by ensuring that the commission describes rather than assesses progress on each of the devolved Administration’s strategies. Could the Minister confirm, however, that the commission will still take a UK-wide view and ensure that it assesses progress across the whole country, including assessing where central government may need to take specific actions on those policies within its remit in a particular nation?
I listened carefully to what the Minister said about Amendment 62EA, clarifying the requirement in the Child Poverty Act for UK child poverty strategies to describe the process that the Secretary of State considers needs to be made by the end of the period. The department says that the amendment will confirm the Government’s existing understanding that a description of the progress in narrative or policy terms meets the requirements of the Act. Perhaps the Minister can say a little bit more about this amendment. As I understand it, the intention of the Child Poverty Act was to ensure that the Government set out a strategy to ensure that this progress was made rather than simply describe, perhaps in numerical terms, what that progress would look like. We would be concerned if the effect of the amendment was to weaken the duty on the Government to set out such a strategy.
My Lords, the amendment is intended to clarify the Child Poverty Act, not to change the substance or affect the law. It will make it absolutely clear that describing progress in terms of policy is entirely in line with the requirements of the Act. It does not alter current government policy on child poverty. The Government will continue to be required to produce a child poverty strategy every three years, setting out the measures that will be taken and the progress that needs to be achieved in that period. The purpose of the latter two amendments is simply to clarify how progress can be described.
To pick up on the point made by the noble Lord, Lord Wigley, the amendment will ensure that scrutiny of devolved matters relating to child poverty remains with the devolved Administrations, thus respecting devolution conventions. We will continue to work closely with the devolved Administrations to ensure that both the commission and the devolved strategies contribute to continued progress against the goal of ending child poverty.
My Lords, I have to admit that this amendment is not as expensive as the £1.4 billion PIP one, because the noble Baroness is looking to do the research afterwards rather than stopping it all and doing the research first, which would have delayed it. The reason why the PIP amendment was so expensive was the one-year delay, meaning that all those savings would not have accrued.
The intention behind this amendment is to allow discussion of the impact of the universal credit on both the accessibility of childcare and work incentives for potential second earners. Working families will be able to receive support in respect of 70 per cent of monthly childcare costs up to £760 for one child or £1,300 for two or more children. These amounts are equivalent to the current arrangements in tax credits.
We understand that childcare plays a crucial part in parents’ work decisions and are determined to help those moving into the workplace, which is why we found the extra £300 million to help people below the 16-hour limit of tax credits. The childcare market is very varied and does not always effectively meet the needs of working parents. We are introducing flexibility into the system, such as through introducing monthly limits based on actual paid costs, so that it supports the childcare market better. Local authorities in England and Wales have the duty to secure as far as reasonably practicable sufficient childcare for working parents. The Department for Education is currently consulting on whether a local annual report would be a more effective and meaningful way of enabling parents to hold their local authority to account.
Let me move now to the concerns over the work incentives for potential second earners. My views on this are on the record. The costs are high. If couples who were both in work were entitled to an additional disregard of, say, £700 a year, the cost would be £240 million. If the disregard were £1,000, the cost would be £350 million. Those are the sums and we simply do not have them at this stage. Universal credit should mean that most families in which one parent works full-time for 35 hours a week for the minimum wage will not live in poverty.
The amendment asks us to confirm in legislation that we will undertake a formal review of both these areas. However, my real response is that these are just two particular areas. We will monitor the effect of universal credit right across aspect after aspect of its impacts. I have also included powers in the Bill to pilot different policy approaches. We will do that by having affirmative regulations to approve particular pilots. Any substantive changes following a pilot will also require regulations and be subject to the usual SSAC, so there are a lot of protections here.
It will not be a question of doing a review of something such as the second-earner incentive. I want to see a pilot in which we can pinpoint the value of moving it around. That is a far more useful way of finding out such things. What is the effect of the taper? What is the effect of the second-earner disregard? What is the effect of moving them around? We need to know all these things in a much more coherent way than we would from carrying out a review. We will have econometric analysis of a kind that leaves anything that we have seen in the past in the dust. Therefore, this requirement for a review and a report on specific impacts just creates unnecessary bureaucracy. That is not the way I want to do it.
To summarise, I hope it is clear that we are aware of these two issues, which are very important and interesting. I will continue to give them the attention that they deserve, and I therefore urge the noble Baroness to withdraw this amendment.
Having had the promise of the intention to give these issues the importance that they deserve, I beg leave to withdraw the amendment.
My Lords, as noble Lords are aware, our focus is on supporting and helping to lift children out of poverty and improve their life chances by encouraging lone parents to enter paid work. Evidence shows that paid work is good for lone parents and their children in nearly all circumstances. Indeed, just under 80 per cent of lone parents with a youngest child aged five or six are either in employment, looking for a job, or would like to work.
Many lone parents consider making the transition to work when their youngest child starts school, and it is for these reasons that we announced our intention to align the age at which lone parents could reasonably be expected to look for work to when their youngest child reaches the age of five. This means that once a lone parent’s youngest child reaches the age of five we would want the parent to claim jobseeker’s allowance if they are capable of work. If they have limited capability for work, they would claim employment and support allowance, unless they are entitled to income support on some other ground, for example as a foster carer. If we delay carrying out this change and wait for the introduction of universal credit, we delay bringing these lone parents closer to the labour market, delay making any benefit savings but, more importantly, delay lifting more children in lone-parent households out of poverty.
Picking up the point on the current economic situation, it is important that we do not repeat the mistakes of past slowdowns and allow people to slip into inactivity. In fact, one of the best things about this economic slowdown—and there are not many good things about it—is that we have not let more people fall into inactivity. In fact, there is less economic inactivity now than a couple of years ago. Maintaining our active labour market policies will ensure that people, including lone parents, do not become detached from the labour market and are well placed to benefit when the economy picks up again.
As noble Lords are aware, this is especially significant because, compared to a child of a lone parent who is not working, a child of a lone parent who works part-time is almost three times less likely to be living in poverty, and a child of a lone parent who works full time is five times less likely to be living in poverty. While we want lone parents to enter work, we do not want them to do so at the expense of their caring responsibilities. This is why we maintained the right for lone parents to restrict their availability for work to school hours, and we will retain all other flexibilities within jobseeker’s allowance to ensure that lone parents can balance caring for their child while working. I described all those measures in Committee, and I shall not do so again given the lateness of the hour.
I stress that this initiative is an important lever in lifting lone parent families out of poverty. If it were delayed until October 2013, it would result in about 17,000 fewer lone parents being in work, which in turn would prevent increases in household income for up to 25,000 children. However, in response to the noble Baroness, Lady Lister, I am conscious of the importance of putting together training and employment strategies. When I wrote my report in 2007, the two strategies were so far apart that they never met. They are moving together, and my view is that we should move them as close as we possibly can, so the door is particularly wide open to discuss with the noble Baroness and, perhaps, with Gingerbread how we can achieve that in the months and years to come.
With that explanation, I ask the noble Baroness to withdraw her amendment.