State Pension Underpayment Errors

Debate between Viscount Younger of Leckie and Baroness Deech

Tuesday 16th May 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

I note what my noble friend says about the gender disparities, which we are alert to. Indeed, the department has a discretionary scheme which allows special payments to be made to customers to address any hardship, but particularly injustice caused by DWP maladministration. Consistent with other large-scale LEAP exercises, special payments under the DWP discretionary scheme will not, however, routinely be made, but I assure the House that they are regarded or assessed on a case-by-case basis. Finally, on prioritising, it is important to note that we are prioritising those who are alive over those who are deceased.

[Baroness Deech (CB)]

My Lords, I am one of those women who were underpaid. For years, I got £6 a week—I was very exercised over how to spend it—whereas many of my women friends who had never worked at all were getting much more than that. With expert advice, I was able to access the department and it was set right, but it seemed to me that the problem was how to access the department. Once it had the issue in hand it responded, but people need to know the email addresses and there need to be pamphlets in post offices. There need to be easy ways for older people to speak to someone in the department and get an answer when they write—without, of course, having to hold on to the phone for ages. Will the Minister ensure that that happens?

[Viscount Younger of Leckie (Con)]

Indeed, and it is very important that we engage much more closely with the customer base. Where underpayments are identified, the DWP will contact the individual to inform them of any changes to their state pension amount and of any arrears involved. There is now, I am pleased to say, a more direct route for those inquiring about underpaid state pension. Guidance on this, the House may not be surprised to hear, is on GOV.UK and went live in July last year.

Employment: Disabled People

Debate between Viscount Younger of Leckie and Baroness Deech

Monday 6th March 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

I appreciate the noble Lord’s question and the work that he does in this area. I can assure him that the Government are committed to reducing the disability employment gap, including in relation to the young and interns. It is important that those who have a disability are given every chance to start on the path to a career. What I cannot do, I am afraid, is commit to the noble Lord’s point about extending the scheme beyond the age of 25, but I have noted it and will take it back to the department.

[Baroness Deech (CB)]

My Lords, what happened to the Government’s national disability strategy, which was declared illegal by the Court of Appeal a while ago? It does not seem to have been renewed. Moreover, many of the recommendations made by the committee on disability that I chaired have still not been implemented by the Government. When are the Government going to be proactive?

Universal Credit: Benefit Cap and Two Child Limit

Debate between Viscount Younger of Leckie and Baroness Deech

Tuesday 24th January 2023 Lords Chamber

[Viscount Younger of Leckie (Con)]

I mentioned childcare costs before and it is important to support parents who have childcare needs. Of course, we have the child benefit but on top of that there are other support mechanisms to ensure that those who have children—particularly more than two, which is the subject of this Question—can survive and, in many cases, find the next meal.

[Baroness Deech (CB)]

My Lords, research has shown that the majority of children of single parents would be lifted above the poverty line if the absent fathers paid what they owe. For decades, the child maintenance system has let single mothers down, condemned children to poverty and let men get away with it. What is the Minister’s advice?

[Viscount Younger of Leckie (Con)]

This is another important subject. The child maintenance system supports separated parents to agree their own family-based arrangements where it is possible. Where it is not possible, the child maintenance system steps in. It is incredibly important that the paying parent pays, and this is where the system is dealing with some extremely challenging issues in order that the receiving parent receives what they are due.

UK Holocaust Memorial

Debate between Viscount Younger of Leckie and Baroness Deech

Monday 20th January 2020 Lords Chamber

[Viscount Younger of Leckie]

I take note of what the noble Lord says, but there can be no more powerful symbol of our commitment to remembering the Holocaust than placing a memorial in Victoria Tower Gardens. As I said earlier, the Holocaust is one of the darkest chapters in human history, which saw the systematic state-sponsored killing of human beings. To pick up on what the noble Lord said, there will be a focus in the memorial centre on the Jewish population, obviously, but particularly on other atrocities, including in Cambodia, Rwanda and Bosnia.

[Baroness Deech (CB)]

My Lords, does the Minister agree that the Question fails to recognise the intrinsic difference of the Jewish genocide in its length and comprehensive nature and the fact that anti-Semitism is still going on today not so far from here? It also reveals that we do not really know what is to be achieved by a Holocaust memorial. There are hundreds of them, but they have not proved effective in stopping anti-Semitism and we do not really know what this one will achieve.

[Viscount Younger of Leckie]

I take issue with the noble Baroness—a lot of work has gone into this centre so far. The Holocaust memorial will stand as a reminder that the central role of democracy is to encourage tolerance of ethnic, religious and racial differences and to foster religious freedom, individual rights and civil responsibility. The learning centre is a stark reminder, next to Parliament, of the work that needs to be done to be sure that these dreadful atrocities do not happen again.

Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Baroness Deech

Report: 3rd sitting (Hansard): House of Lords
Monday 13th March 2017 Lords Chamber

[Viscount Younger of Leckie]

My Lords, I thank the noble Baroness, Lady Deech, and noble Lords for this valuable opportunity to discuss freedom of speech further. As the noble Lord, Lord Stevenson, and the noble Baroness, Lady Garden, said, we all recognise that it is a crucial principle at the heart of higher education. I am particularly grateful for the meetings and discussions I have had with the noble Baroness, Lady Deech, my noble friend Lord Polak and Sir Eric Pickles, who have encouraged us to consider even more closely the responsibilities that universities must have, including in relation to their students’ unions.

In response, the Minister for Universities and Science will be writing to the higher education sector shortly, highlighting the importance of the freedom of speech duty and reminding universities of their responsibilities in this respect. The letter will focus particularly on students’ unions—and all students—and will reiterate how freedom of speech codes of practice should be enforced. It will also emphasise the importance and expectation of rapid resolution of any freedom of speech issues. I hope that that reassures the noble Baroness, Lady Deech, that speed is of the essence, as she made clear in the meetings we had.

The existing freedom of speech duty requires all those concerned in the government of certain higher education establishments to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students, employees and visiting speakers. This includes an express duty to ensure, so far as reasonably practicable, that the use of any of the provider’s premises are not denied to anyone on the grounds of their beliefs, views, policy or objectives. In order to help staff, students and visitors understand their obligations, providers within scope must also have in place an active code of practice. This must explain how they should approach events on any of their premises, and the conduct expected of them.

I stress that students’ unions also have a role to play in this. The same duty requires that student members of a students’ union be subject to the code of practice issued by their higher education establishment. Students’ unions established at higher education institutions are typically charities, and the Charity Commission has a statutory function to identify and investigate mismanagement and misconduct in the management and administration of charities. In addition, the freedom of speech duty clearly applies to premises that are occupied by students’ unions, whether or not they are premises of the higher education establishment. I hope that provides clarity on another point the noble Baroness raised.

I completely agree with noble Lords that legal duties and codes of practice take us only so far. We fully expect providers not only to have robust codes of practice in place but to take reasonably practicable steps to ensure that they are adhered to. This includes taking disciplinary action where appropriate. In the occasional case where the duty is not complied with, legal proceedings have been brought against providers. In a recent case, the judge found that freedom of expression was alive and well in the university involved.

As part of its monitoring of the Prevent duty, HEFCE found that higher education providers showed a strong understanding of their responsibilities concerning freedom of speech and 93% had already put in place strong policies for assessing and managing the risks associated with any speaker event. We want to ensure that all relevant providers now do this. Therefore, for those that have not yet met this standard, action plans are in place for outstanding issues to be resolved by spring of this year. More generally, HEFCE regularly engages with higher education institutions, both informally and formally, in relation to balancing free speech with Prevent. While I understand the reasons for the noble Baroness’s amendment, unfortunately it is not clear how this additional duty would interact with the existing duty. We believe there is a genuine danger that in practice it would introduce ambiguity in relation to both duties.

However, I fear that to ensure that something happens without reasonable caveats unreasonably and unnecessarily imposes a burden on providers. It may well require them to address matters that are realistically out of their control. For example, it could result in an institution that faced concerns about violence at an event therefore being mandated to spend unreasonably large amounts of money on a significant security presence. Forcing such an event to unreasonably go ahead, or creating a situation where the duty to ensure freedom of speech may override concerns about the security of attendees, cannot be the desired effect. We need to allow institutions to make their own decisions, balancing the requirements of the duty against other responsibilities and enabling them to assess each individual case according to the situation.

We must also not overlook the fact that students, on the whole, do not think there is a problem with free speech. A 2016 survey by the Higher Education Policy Institute of over 1,000 full-time undergraduates at UK higher education institutions found that 83% of students felt free to express their opinions and political views openly at university. Noble Lords will also be reassured that Clause 15 enables the OfS to impose a public interest governance condition on registered providers. Such a condition would require applicable providers to ensure that their governing documents are consistent with a set of public interest principles relating to governance. The OfS will determine the list of principles following consultation. While we cannot prejudge that consultation, a principle underscoring the importance of free speech could be included in the list if the OfS considered it appropriate in light of the consultation.

In Committee I assured noble Lords that we would consider how to make sure that higher education providers continue to be subject to the existing freedom of speech duty under the new definitions created by the Bill. We have now considered this and we propose to extend the vital freedom of speech duty to all registered higher education providers under the Bill. This extends the duty beyond its current application of providers that broadly are eligible to receive HEFCE funding. It means that all providers on the OfS register will need to take reasonably practicable steps to ensure that freedom of speech is secured, to issue a freedom of speech code of conduct, and to ensure that it is complied with. We consider that this duty is comprehensive and strikes the right balance between ensuring that the higher education sector remains a vital place for debate and discussion and ensuring that providers are not burdened by a disproportionate and ambiguous requirement. The duty is just as relevant today as it was at its inception more than 30 years ago.

Freedom of speech is vital but must always be within the law. We all stand against illegal hate speech, discrimination, intimidation or harassment against anyone, including on the basis of their race, religion, gender, sexuality or disability. I am sure we all agree that there is no place for anyone who is trying to incite violence or support terrorism. In addition to legislation, there are effective mechanisms for reporting hate speech and other incidents; for example, through university internal complaints procedures, to the Office of the Independent Adjudicator, directly to the police, or to organisations including the Community Security Trust, Tell MAMA and the Equality and Human Rights Commission. Most providers already have clear policies on discrimination, harassment and hate incidents. Providers subject to the Prevent duty are also required to have due regard to the need to prevent people being drawn into terrorism, and as part of this to consider the impact of extremist speakers on campus.

Despite the good intentions of this amendment, its introduction adds little to existing legislation and risks confusion in relation to freedom of speech. It is not clear what measures would be required to prevent speech in advance of it happening. Unfortunately, this could lead to providers being too risk averse, with the unacceptable consequence that lawful free speech could be stifled. We believe that government Amendment 204, extending the existing freedom of speech duty to all registered higher education providers, strikes the right balance by requiring providers to do all they can to protect free speech. For unlawful speech, the answer is to continue to work with the sector to implement existing laws instead of creating new legislation. I hope that, with that explanation, the noble Baroness will see fit to withdraw her amendment.

[Baroness Deech]

My Lords, I greatly appreciate the Government’s involvement in this topic. I support Amendment 204 and am very pleased to see that the Government wish to extend the width of the freedom of speech duty. I appreciate the fact that the Minister has listened, as has his counterpart in the other place. They have taken this topic seriously—indeed, no Government could possibly reject the notion of freedom of speech while passing a higher education Bill.

What I would hope to see in correspondence between the Government and the universities in the next few days or weeks before we come to Third Reading is a clear explanation that students, individually and in their unions, are covered wherever they may speak or block speech, both on university premises and off them. I would hope to see provisions for prompt enforcement. We are all well aware of how brief the university year is: if you are a student, you can commit an offence in April and by June you are history and the university no longer has any control over you and you may well get away with it. I also hope that the letter would support the matter that the Minister mentioned: what could be more simple than to include a freedom of speech condition in the governance conditions to be set down by the OfS? It would be excellent if those conditions were set out and sent to universities.

I have some slight caveats. First, a recent letter from the Minister in the other place disseminating the definition of antisemitism, which I believe was also signed by the noble Viscount, Lord Younger, has been ignored and rejected by one of the places that most needed to hear it—namely, the School of Oriental and African Studies. Secondly, we have had provisions about freedom of speech on our statute book for 30 years, yet some universities have still not implemented them or do not know how to. I know for sure that one of them had never heard of them until 2011. Thirdly, it would be a pity if violence is still allowed to close down free speech. I would not wish to see, as I am sure noble Lords would not wish to see, a situation whereby the threat of violence prevents lawful speech and the university says that it simply cannot afford to police it. An atmosphere has to be created in universities and, I am afraid, security put in place so that violence does not close down free speech—whether that is in the university or anywhere else in society. If those conditions are met, as I hope they will be before Third Reading, then I will be content to withdraw the amendment now while reserving my right to revert to this topic.

Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Baroness Deech

Report: 2nd sitting (Hansard): House of Lords
Wednesday 8th March 2017 Lords Chamber

[Viscount Younger of Leckie]

I respect the noble Lord’s experience. We have had discussions outside the Chamber about the data aspect and I will be coming on to speak about the data and about how the assessments are made. I would argue that this is not just looking at the high levels—the gold, silver and bronze—

[Baroness Deech (CB)]

My Lords—

[Baroness O'Neill of Bengarve]

My Lords—

--- Later in debate ---

[Viscount Younger of Leckie]

Perhaps I may make some progress, but I would like to say again that the lessons-learned exercise is one that we take seriously, having listened to noble Lords both today and in Committee. I hope that the House will respect the fact that we will be looking at this a great deal over the next two years.

[Baroness Deech]

My Lords, I might have misunderstood him, but would the Minister kindly clarify that he is now proposing a fourth category so that we will have gold, silver, bronze and ineligible? That is a bit like a gentleman’s fourth at Oxford years ago, which was a badge of shame. Is that the case?

Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Baroness Deech

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

[Viscount Younger of Leckie]

My Lords, I am grateful to noble Lords for raising important issues relating to access and participation plans and disability. This Government are deeply committed to equality of opportunity, and I agree with many of the comments made by the noble Lord, Lord Stevenson. That is why Clause 2 introduces a duty on the OfS to consider equality of opportunity in connection with access and participation in higher education. This applies to all groups of students. No such duty applied to HEFCE.

In order to be approved, access and participation plans will need to contain provisions to promote equality of opportunity. This makes clear our commitment to this important consideration. Questions were raised by the noble Lord, Lord Addington, and the noble Baroness, Lady Lister, about where we are on guidance on disabilities. I hope noble Lords have read my letter of 18 January, but I confirm, as I confirmed in that letter, that I expect this guidance, for which noble Lords have been waiting for some time, to be published imminently. I also reiterate my offer to meet the noble Lord to discuss this issue further.

Amendment 226, tabled by the noble Lord, Lord Addington, and the noble Baroness, Lady Brinton, seeks to specify that governing bodies of institutions may take advice from bodies nominated by the Equality and Human Rights Commission in developing the content of their access and participation plans. I support the intention here. We expect higher education providers to consult to help ensure that their access and participation plans are robust. I listened carefully to the sobering anecdote about a student experience from the noble Baroness, Lady Brinton. This is the very issue for which we are seeking solutions. We are in agreement about that. Indeed, OFFA currently sets out its expectation that universities consult students in preparing access agreements, and we anticipate that this will continue for access and participation plans. Given the autonomy of institutions and the wide-ranging support already available—for example, the Equality Challenge Unit supports the sector to advance equality and diversity for staff and students—I believe it is unnecessary to place this requirement in the Bill.

Amendment 228, proposed by the noble and learned Lord, Lord Wallace, seeks to include providing training for staff in awareness and understanding of all commonly occurring disabilities. Ensuring a fair environment and complying with the law are matters which providers need to address in meeting their obligations under the Equality Act 2010. This amendment would mean including a level of detail not consistent with the other, broader provisions and may overlook other underrepresented groups. For these reasons, I believe this amendment is unnecessary.

The noble Baroness, Lady Brinton, and the noble Lord, Lord Addington, proposed Amendment 229, which would mean that provisions requiring institutions to specify the support and advice they provide for students with disabilities may be contained in regulations about the content of an access and participation plan. We absolutely agree with the principle behind this amendment. The Equality Act 2010 imposes a duty to make reasonable adjustments for disabled persons, which includes an expectation to consider anticipatory adjustments. In addition, the Equality and Human Rights Commission has a supporting role in providing advice and guidance, publishing information and undertaking research. Given the wider context, this amendment would introduce a level of detail into the Bill that is inconsistent with the other broader measures. It may also risk being seen to overlook other underrepresented and disadvantaged groups.

The new clause proposed in Amendment 235, tabled by the noble Lord, Lord Addington, and the noble Baroness, Lady Brinton, would require the OfS every two years to commission a review of the support for students with disabilities or specific cultural needs. This is an interesting proposal, and I remind the noble Lord and noble Baroness that the Bill will require the OfS to produce an annual report covering its delivery against all its functions. Critically, this includes the duty regarding equality of opportunity set out in Clause 2.

[Baroness Deech (CB)]

Will the Minister clarify what is meant in Amendment 235 by “cultural needs”? I understand religious needs, but I cannot think of any cultural needs that have to be attended to. We certainly do not want to see universities providing, for example, gender segregation.

[Viscount Younger of Leckie]

It is a generic term. In my next letter, I will address that point. I am certain that it requires a proper and full answer.

Amendment 236 seeks to ensure that the OfS “should” identify good practice and give advice to higher education providers. Let me reassure the noble Lord that we expect this to be a key function of the OfS. HEFCE and OFFA already do this as part of their existing roles, and we expect that will continue in future. We believe that the Bill as drafted will deliver the policy intent on the issues raised, so these amendments are unnecessary. I appreciate the fact that noble Lords have raised these issues, and I ask the noble Lord to withdraw Amendment 226.

Higher Education and Research Bill

Debate between Viscount Younger of Leckie and Baroness Deech

Monday 9th January 2017 Lords Chamber

[Baroness Deech]

Before the Minister sits down, may I take him back to his statement that there cannot be any interference by the OfS and the Government in the governance of universities because they are autonomous? However, as has often been mentioned this evening, under the 1988 Act university commissioners were sent to rip up the charters of Oxford and Cambridge colleges, and perhaps of other universities too, in the interests of ending academic tenure. Despite protests, they were rewritten. It was the Government’s will, and no amount of protestations at the time about academic freedom made any difference.

[Viscount Younger of Leckie]

Let me give what I hope will be further reassurance that when the Office for Students is set up, as set out in the Bill in different clauses, academic autonomy will be exceptionally important. However, if there is a failing institution, the OfS will have the right to step in, but the steps it must take are long and quite onerous. I reassure the House that many steps have to be gone through before it goes down that route. I am sure we will have more debate about that.

Consumers: Vulnerable Consumers

Debate between Viscount Younger of Leckie and Baroness Deech

Tuesday 29th October 2013 Lords Chamber

[Baroness Deech]

To ask Her Majesty’s Government what steps they are taking to protect vulnerable consumers, including the elderly and those without digital skills or broadband access, who are being charged by organisations for receiving bills and statements through the post.

[The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie) (Con)]

There are already provisions in place to protect the more vulnerable. Utility regulators take steps to assess the quality and affordability of services for customers, including the vulnerable. Should companies wish to charge more for a paper bill they must make such charges transparent in advance and ensure that they reflect only additional processing costs incurred. The Government are increasing online access by accelerating broadband rollout, promoting simple bank accounts and increasing digital skills to use electronic payments.

[Baroness Deech (CB)]

I thank the Minister for his appreciation of the problem, but is he aware that 16 million people—and 4 million disabled people—are not on the internet? Even if they were, the cost of printing and ink is such that the companies are pushing the charges back on to the consumer. Extra charges and discounts add up to quite a lot a year. Does he agree that every consumer should be able to choose a paper copy of communications and bills from media companies, energy companies and so on without being penalised? Will he press the relevant regulators—Ofcom and Ofgem—to ensure that consumers are not so penalised?

[Viscount Younger of Leckie]

Interestingly, this is not an area where regulators receive many complaints and more vulnerable customers often have access to special tariffs. However, the noble Baroness raises an interesting point. I understand, for example, that BT charges £1.50 for paper bills, which relates largely to its broadband customers who clearly have internet access and can receive bills online. We believe that the charge is reasonable, covering costs such as printing and postage. Customers using a BT basic telephone service are not charged for paper bills.

Enterprise and Regulatory Reform Bill

Debate between Viscount Younger of Leckie and Baroness Deech

Monday 18th March 2013 Lords Chamber

[Viscount Younger of Leckie]

I think it would be best to address that question in the next group of amendments. As I mentioned, we have tabled some amendments there and I will address the point then.

I believe that the noble Baroness, Lady Deech, raised the issue of dissolution. I think it is best if I quote from the draft charter:

“This Charter, and the Recognition Panel created by it, shall not be dissolved unless information about the proposed dissolution has been presented to Parliament, and that proposal has been approved by a resolution of each House. For this purpose ‘approved’ means that at least two-thirds of the members of the House in question who vote on the motion do so in support of it”.

That is how I read it.

[Baroness Deech]

With all due respect to the Minister, what I asked him about was this: what is to prevent the amendment that I imagine we are about to pass in order to bring the royal charter being repealed by a future Parliament of a different nature?