Children and Families Bill

Debate between Alex Cunningham and Paul Burstow

Tuesday 11th June 2013 Commons Chamber

[Alex Cunningham]

I rise to speak to new clause 17, in my name and those of other hon. Members, which would provide for a ban on smoking in private vehicles when children are present. It is a child protection issue.

I could devote much of my time to the strong influence of the tobacco lobby in this place and knocking down the idea that the new clause is my way of expanding the nanny state, but I will not. Instead, I shall address the simple decision that the new clause invites Members to make: do we act to protect children and ban smoking in cars, or do we leave them to suffer not just the discomfort but the tremendous health problems they will otherwise encounter? In Committee, there was considerable sympathy for the intention, with some reservation about the introduction of an education programme for offenders, but the new clause is much simpler: if a person smokes in a car when a child is present, they would face a £60 fine—no awareness course, no complications, no compromise.

The principle of such a ban has gained much support from fellow Members on both sides of the House. A majority of people understand that smoking is harmful to our health, particularly the health of children, and most would not expose children to smoke in a vehicle. In a survey of 10,000 adults carried out by Action on Smoking and Health that included more than 2,000 smokers, which asked about the car people travelled in most frequently, only 6% said that people should smoke whenever they liked. Some 71% said that smoking was not allowed full stop and 9% said that smoking was not allowed if there were non-smokers or children travelling. Despite that, however, research from the British Lung Foundation found that more than 51% of eight to 15-year-olds reported exposure to cigarette smoke when confined in a car in the UK.

Public opinion is firmly on the side of change. A survey by YouGov found that 85% of adults in north-east England, where my constituency is situated, said that they would support laws to ban smoking in cars carrying under-18s. One factor that sets children apart from other groups is that they are less likely to have a say on whether they are exposed to second-hand smoke in a vehicle in which they are travelling. Given that passive smoking is particularly harmful to children, we have a recipe for a public health time bomb. With their quicker respiration rates, smaller airways, less mature immune systems and greater absorption of pollutants, children are at an increased risk from passive smoking in an enclosed space. Passive smoking increases the risk of a number of health problems, ranging from wheezing and asthma to respiratory infections and bacterial meningitis, and doubles the risk of sudden infant death.

These attitudes are backed up by survey data from the British Lung Foundation that shows that many children are uncomfortable with adults smoking around them, but feel unable to influence smoking behaviours. Some 31% of children aged eight to 15 exposed to second-hand smoke in a car reported having asked the smoker to stop. Alarmingly, however, a greater share—34%—had refrained from asking because they were either too frightened or embarrassed. As Members of Parliament, it is our duty to act in the interests of the public we serve and represent, including children and young people, and it is high time that we heeded what our young people are telling us. In the interests of preserving public health, the only way to protect completely against second-hand smoke is to make homes and cars entirely smoke free. A good starting point would be to ban smoking in cars when children are present.

The Government’s response to this developing crisis, in the form of an informative educational campaign that has just been launched, is certainly welcome, but the message about the dangers of passive smoking must be spread even wider. We must stop this sort of behaviour, so this campaign is of course welcome. Private vehicles are considered private spaces—people argue that it is their private space—but it is the young person’s private space as well, so I hope that the House will support my proposal and that the Government will accept it. Opposing a ban on smoking in private vehicles when children are present assumes that the right to smoke trumps the right of the child to be free from harmful smoke. It does not. I have stressed in the past, and do so again, that this is not just a health issue, but an issue of child protection. I hope the Government will now accept it.

[Paul Burstow (Sutton and Cheam) (LD)]

I want briefly to draw attention to new clause 5, which addresses the issue of young carers and the fact that the good intentions of the Government in the Care Bill to extend new rights to adult carers have inadvertently created a gap that leaves young carers in a position where they would be less well favoured than adult carers in the future.

As a result of the new clause, tabled by a cross-party group of Members, the Government can ensure that young carers are treated in a way that is fair and appropriate for them and are not placed in a position where they are undertaking inappropriate and burdensome caring responsibilities. I hope that the Government will be able to give us a good sign of intent to deliver on this agenda. They are doing a great job for adults in the Care Bill and, in carers week, we need to do the same for young carers.

Oral Answers to Questions

Debate between Alex Cunningham and Paul Burstow

Tuesday 10th January 2012 Commons Chamber

[The Minister of State, Department of Health (Paul Burstow)]

I certainly share my hon. Friend’s concerns. BBC Essex’s reports of abuse and degrading treatment in that care home are cause for concern. The CQC is due to publish a report shortly and I am certainly happy to meet my hon. Friend to discuss the matter further. The Government are determined to shine a light on abuse wherever it is found and to root it out of the system to ensure that people are treated with dignity and respect and get the care they need.

[Alex Cunningham (Stockton North) (Lab)]

T3. Does the Health Secretary agree with the Prime Minister that our nurses need greater supervision by patients’ groups on the ward to ensure that they are doing their jobs correctly, or does he recognise the tremendous job that they and their professional clinical managers are doing despite the huge cuts that the Health Secretary has forced on their numbers?

Oral Answers to Questions

Debate between Alex Cunningham and Paul Burstow

Tuesday 7th June 2011 Commons Chamber

[Paul Burstow]

The membership of health and wellbeing boards will be a matter for the local authorities that will set them up. The Bill provides de minimis provisions for involving local councillors, representatives from commissioning consortia, public health directors, social services and children’s services, but I am sure that many of the pilots that are currently going on across the country are looking at innovative ways of involving others as well.

[Alex Cunningham (Stockton North) (Lab)]

4. What steps he is considering in relation to Southern Cross Healthcare; and if he will make a statement.

--- Later in debate ---

[The Minister of State, Department of Health (Paul Burstow)]

Southern Cross has plans in place to restructure its business and is keeping the Government updated on progress. We will continue to keep in close touch with the situation and work with local authorities, the Care Quality Commission and others to ensure that there is an effective response which delivers to everyone the protection that we should want for all in those residential homes.

[Alex Cunningham]

I am grateful for that answer, but Southern Cross will not win any medals for managing its self-made crisis or for the anxiety caused to thousands of residents and their families, including 200 in five homes in my constituency. If organisations such as Southern Cross fail to get the investment that they need and end up going bust, will the Government guarantee those older people that decisive Government action will be taken to safeguard them in the places that they now call home?

[Paul Burstow]

Let me make it absolutely clear to the hon. Gentleman and to hon. Members on both sides of the House who have legitimate concerns about the welfare of residents in those homes: that is the Government’s paramount concern, and we will ensure that every step necessary is taken to safeguard those interests. The responsibility for providing care rests with local authorities, and that is why we as a Government have been working so closely with the Local Government Association and the Association of Directors of Adult Social Services to ensure that such arrangements are in place in the event of any need. The key thing at the moment, however, is to ensure that the company continues to restructure and continues to be in business.

Social Care Services

Debate between Alex Cunningham and Paul Burstow

Tuesday 17th May 2011 Westminster Hall

[The Minister of State, Department of Health (Paul Burstow)]

It is a pleasure to serve under your chairmanship, Mr Brady. I congratulate the hon. Member for Stockton North (Alex Cunningham) on his luck in securing the debate and on his choice of subject.

I agree with the hon. Member for Islington South and Finsbury (Emily Thornberry) on one point at least, which is that social care is not debated and discussed in this House anywhere near enough. I speak with the experience of 13 years in opposition and as one of the few who has carried the candle for social care and advanced the arguments, which I have heard others make today, on the need to focus on quality and to make sure that we do well by and develop the work force. I shall return to some of those points.

I agree that the long-term reform of our social care system should no longer be deferred to the long term. It requires our full attention now. We need to make sure that, during the life of this Parliament and, I hope, with the assistance of people of good will from all sides, we can secure lasting reform of both the law and the funding arrangements for social care. Our constituents expect no less of us at this time.

The hon. Member for Stockton North began by referring to last week’s march and lobby. A number of constituents lobbied me, and I met several of them at my surgery last weekend to discuss their issues. They have real concerns, to which the Government are listening and want to respond properly. We share a common goal, which is to maximise personal independence to allow people of all abilities to fulfil their potential. That has to be the common goal of both our benefits system and our social care system. It is certainly this Government’s ambition to achieve that.

I do not belittle in any way, shape or form the stories of the lives of individuals and the impacts of decisions made about spending in different parts of the country. The hon. Gentleman has rightly set out those individual and personal impacts. However, I will offer him a reflection on the past 13 years and, indeed, before that. The stories that he has told could have been told and have been told over the past 13 years, during which time we have seen a gradual tightening of eligibility criteria. Indeed, in 2008 the Learning Disability Coalition published a survey that showed that 72% of what were Labour authorities at that time anticipated—indeed, they were budgeting for this—tightening their eligibility criteria for access to services from “moderate” need to “substantial” need or even to “critical” need. I will discuss the reality in a moment.

Although the hon. Gentleman has rehearsed some important points, what I did not hear was a scintilla of humility, a suggestion of any doubt, or a slight recognition that we are where we are at least in part because of actions taken over the past 13 years. It would have been good to hear just a little indication that we are where we are because of what has already happened.

[Alex Cunningham]

Will the Minister give way?

[Paul Burstow]

In a moment. If the hon. Gentleman will let me make my point, I will be happy for him to attempt to rebut it. There are things that did not happen over the past 13 years. We did not get to a position where we had a clear statutory basis for adult safeguarding. We did not get to a position where we had consistency of regulation, because the regulator was constantly being abolished and reformed. Funding has been inadequate for many years, and we have seen a failure, for various reasons over 13 years, to find a way forward that has secured consent for funding.

[Alex Cunningham]

The Minister said that I did not show any humility, but I specifically said that the previous Government and others before them could have done much more on social care. I specifically said that, and it is important that that remains on the record. In the past 20 or 30 years, no Government have addressed the fact that so many more older people and so many more young disabled people will require tremendous support. I hope that the Minister will acknowledge that we all need to do this together.

[Paul Burstow]

Yes; we can build on that point. The Government recognise the importance of social care and the fact that it lets people live independently, which is what it should be about. It should be about enabling people to live well, to be safe, to continue to do things that we take for granted and to be active participants in civic life.

As has been rehearsed in this debate, there are big challenges. There are demographic challenges and the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) has outlined some of those facts. The hon. Member for Wolverhampton North East (Emma Reynolds) has rightly said that, while we should be concerned about the challenge, we should not be so concerned as to forget to celebrate the fact that we have an ageing population—a population that is living for longer and, in many cases, living healthily for longer as well. We also have changing societal expectations and a greater expectation of being able to make choices for oneself, to be in control of one’s own life and to be able to have high standards of support to facilitate that. We have financial challenges. We have a structural deficit. For every £4 that this Government spend today, £1 is borrowed, and we are spending £120 million every day on interest charges.

Reference has been made to the survey by the Chartered Institute of Public Finance and Accountancy for the BBC. I have to say that, of the many surveys that have been produced, including that of the hon. Member for Islington South and Finsbury, it is probably the least robust of the lot. There we go—I give the hon. Lady credit that her survey must be more robust than that of CIPFA, which did not provide a great deal of detail and did not ask the right questions. Indeed, those who answered the questions were not all social services authorities, and they included things in their figures that are not part of social care. Even the Association of Directors of Adult Social Services has criticised that piece of work.

On attempting to address and mitigate the impact of the reductions that the Government have had to make in formula grant over the past year, we have strived to mitigate it in those areas with the greatest needs to make sure that we have increased the support in those areas, relative to others.

The hon. Member for Stockton North talked about high mortality figures in constituencies such as his own. Again, we have to dwell on why that is still the case after so many years, why we still have that legacy, why we have to continue to address those challenges, and why this Government, through their commitments in public health and elsewhere, are determined to make progress.

Despite the deficit legacy, we have taken some decisions. Members have forecast that I would refer to them, and I make no apology for that. We set out in the spending review in October how we would ensure sufficient resource in the system to allow decision makers at a local authority level to protect social care, if they decide that that is their priority. We have a good settlement in that context. An additional £2 billion will come to social care by 2014-15, and that money is getting through. In January, £162 million was put into social care via the national health service, which is something that we were asked to do and which we have done to ensure that social care gets additional support. Moreover, there is £648 million of additional funding from April this year. That money is going to social services departments and is being transferred by the NHS for that very purpose. A further £1.3 billion is supporting the transfer of funding for the commissioning of learning disabilities.

Those sums constitute the biggest transfer of hard cash from the NHS to social care ever. It is not only about supporting social care, but about breaking out of silos. It is about using cash to get people to start having those dialogues that are so important to achieve the collaborative behaviour and integration that are essential to delivering better services for our citizens.

On top of that is the £530 million that will come through the formula grant. I will not micro-manage, from this Chamber or my desk in Whitehall, every single social services authority and tell them how to use that money. It must be their decision, based on need, and they are accountable for such decisions.