Welfare Reform Bill

Lord McKenzie of Luton Excerpts

Wednesday 25th January 2012 Lords Chamber

[Lord McKenzie of Luton]

My Lords, I thank the noble Lord, Lord De Mauley, for that extensive introduction to the amendment. The effect of it would seem to be to remove CMEC’s duty to report on decision-making standards. The Government judge that this statutory duty provides no particular benefit: first, because the majority of the data is already in the public domain; and, secondly, because the reports have not generated any debate or wider public interest. When the noble Lord introduced the amendment, something he said about difficulties with NAO data rang a bell. There are historical issues around that, which I understand and acknowledge.

I have two questions. If the majority of the data is already in the public domain in other forms, what is included in the minority of the data that is not, and therefore that might be missed? Secondly, the noble Lord went through an extensive list of benefits that might be affected. I would like to be clear about this. The amendment removes Section 81 of the Social Security Act 1998. That covers a range of appeals covered by Chapter 1 in Part 1 of the Act, which will include appeals other than those relating to CMEC. Of particular interest are the data on appeals outcomes in relation to ESA, which have been a particular bone of contention. The statistic that 40 per cent of appeals are successful—I think that that is roughly the latest position—has driven a focus on the process. I would like to be clear about this. Perhaps the Minister will expand a bit on the range of benefit appeals that the amendment seeks to cover.

[Lord De Mauley]

I wonder whether the noble Lord would mind awfully if I wrote to him.

[Lord McKenzie of Luton]

My Lords, that would be fine, as long as the noble Lord will concede that if we feel, following that and having read the record, that anything is unresolved, we will bring it back at Third Reading—within the rules, I hasten to add, as the Chief Whip is sitting alongside him.

[Lord De Mauley]

My Lords, I am now informed that there will be nothing in future reports that will not be available elsewhere. At least that answers the noble Lord's first question. Perhaps an answer to the second is coming.

[Lord McKenzie of Luton]

My Lords, I am happy to have the answer in writing, as long as we can have it a decent time before Third Reading. That would be very helpful.

[Lord De Mauley]

My Lords, there has been much talk of the cavalry this evening, and mine has now arrived—at least it would have if I could read it. Decision-making in both the department and CMEC will be repealed. This will cover all benefits. Does that help the noble Lord?

[Lord McKenzie of Luton]

I think that it may, if I understand the scope of it. Does it mean, for example, that the data that we get relating to appeals and ESA—I cannot off the top of my head remember how those data get into the system—will be included? That is a very important statistic and is likely to remain so. If it will be taken out by the amendment, how else will it be covered, and how will it flow through into the public domain?

[Lord De Mauley]

My Lords, it is publicly available.

[Lord McKenzie of Luton]

My Lords, I am happy to leave it there for the moment. However, I will read the record. I would like to understand how the data become publicly available and whether the amendment will preclude them being made available by this route.

Amendment 62D agreed.

--- Later in debate ---

[Lord Wigley]

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.

[Lord McKenzie of Luton]

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.

[Lord Freud]

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.