Employment and Support Allowance: Underpayments

Debate between Alison Thewliss and Sarah Newton

Monday 25th February 2019 Commons Chamber

[Sarah Newton]

I assure the hon. Gentleman that we are absolutely focused on making the right decision the first time, but we do not force anyone to an appeal. It is up to them whether they would like a mandatory reconsideration or whether they would like to go to appeal.

On the presenting officers, we never, ever intended to send a presenting officer to every tribunal. We send them to a sample so that we can learn—[Interruption.] I am very happy to answer questions, but I would appreciate it if people did not chunter from a sedentary position, because it makes it very difficult for me to listen and respond to them in the way I am sure the hon. Gentleman would like. Those presenting officers are there to make sure that we are learning from where things go wrong so that we can get them right.

[Alison Thewliss (Glasgow Central) (SNP)]

A number of constituents have contacted me because they thought that they may be entitled to payment, but after some investigation, it does not seem that they are. However, how can my constituents and the rest of us in this House have any confidence in the DWP getting this right when the mistakes have been so rife, so egregious and so huge?

[Sarah Newton]

Of course, we will be contacting people who are concerned, but I reassure everyone in the House that the Department has taken this issue extremely seriously and has undertaken a very thorough review to make sure that everybody who can benefit from being back-paid will receive those back-payments.

Employment and Support Allowance Underpayments

Debate between Alison Thewliss and Sarah Newton

Thursday 18th October 2018 Commons Chamber

[Sarah Newton]

I reassure the hon. Lady, if she has any doubt in her mind, that we take this matter extremely seriously. We want to make sure that everybody who is underpaid gets their payment as soon as possible. We absolutely have to get this right. We talked about how vulnerable some people are and the complexity. It is really important that we get this right. There is a lot of legislation around official error and the laws that apply to underpayments and how they should be repaid.

The hon. Lady has raised a specific case that I am not familiar with, so the best thing to do is for me to write to her on that specific case, because I do not want to mislead the House in any way.

[Alison Thewliss (Glasgow Central) (SNP)]

A constituent of mine, a young woman with fibromyalgia, had her ESA stopped and was told by the DWP to move over on to universal credit while waiting for a mandatory reconsideration. My understanding is that if she had done so, she would not be able to move back on to ESA even if the mandatory reconsideration was successful. How are people being tracked through this labyrinthine system and how certain is the Minister that everybody will get back-payments who is entitled to them, particularly if they have moved from one benefit to another over this period?

[Sarah Newton]

It is always very difficult to comment without the full details of the specific case. As the hon. Lady knows, I am always happy to meet Members of the House and go through particular cases. If I may talk in general terms, ESA within UC is the same: people apply, they have a work capability assessment and they are assessed. I reassure her that the process is the same and that if the Department makes mistakes, we do back-pay, as we have heard today. But let us meet on that specific case, so that I can give her the best possible advice for her constituent.

ESA Underpayments

Debate between Alison Thewliss and Sarah Newton

Thursday 19th July 2018 Commons Chamber

[Sarah Newton]

I have repeatedly said that we are very sorry that this happened in the first place, and that we are doing everything possible to rectify the system—not just in this particular case, but to learn across all our benefits. Of course we take underpayments very seriously, and we have a well-resourced team that is taking up that issue.

[Alison Thewliss (Glasgow Central) (SNP)]

The arrears being paid to people may be quite considerable in some cases. Will the Minister confirm to the House that these will be disregarded for their current benefit entitlement, because people should not lose out now for mistakes that the Department made previously?

[Sarah Newton]

The hon. Lady raises a very important point. I am more than happy to put it beyond any doubt for people who are receiving payments for these underpayments that those payments will be disregarded for the purposes of other benefits.

General Election Campaign: Abuse and Intimidation

Debate between Alison Thewliss and Sarah Newton

Thursday 14th September 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

I beg to move,

That this House has considered the abuse and intimidation of candidates and the public during the General Election campaign.

I am sure that you, Mr Deputy Speaker, and—I hope—Members from all parties will agree that it is essential for our democracy that people are able to stand for office and to become a Member of Parliament without fearing that they will experience abuse. It is equally essential that MPs are able to represent their constituents without being abused or intimidated. Indeed, that applies to anyone serving in public office, whether a democratically elected candidate or the people serving in our vital public services. We should all be able to go about our work and live our lives without fear of abuse or intimidation. The Government absolutely recognise that this is a very serious issue that affects not only MPs and parliamentary candidates from all parties, but the wider public. I know that many Members will talk this afternoon about how they, their families and their communities have been personally affected.

Fear of abuse or intimidation can have far-reaching consequences. It has the potential to affect people’s desire to stand for office or public service in the first place. In turn, that can have a negative impact for us all and for our democracy. That is why in July the Prime Minister asked the Committee on Standards in Public Life to carry out a review of the intimidation experienced by parliamentary candidates. The review sought to gather evidence of harassment and to consider what action is needed to ensure the integrity of the democratic process. The consultation closed last week and the findings are now being analysed. I am sure that the committee will make good progress with its work and act as quickly as possible. The Government look forward to reading its recommendations.

Although it is really important that we look at what more we can do, I want to reassure all Members that arrangements are in place to ensure their safety. The police and the Parliamentary Security Department continue to work to ensure that appropriate security measures are in place. Personal security advice and guidance has been provided to all Members, and a package of security measures is available for homes and constituency offices. Support and advice regarding security and any concerns around personal safety are available from the Members’ security support service and the Parliamentary Liaison and Investigation Team, and all measures are kept under review.

[Alison Thewliss (Glasgow Central) (SNP)]

The Minister may not be aware of this but when we were leaving the House in the wee small hours of Tuesday morning, a television camera was outside the gates of the House of Commons filming MPs as they were leaving. That means that people watching television would know who leaves at what time, who leaves together and in which direction they are heading. Can she raise those kinds of things with broadcasters?

[Sarah Newton]

The hon. Lady raises a very serious issue. I encourage her to contact the House security team, but, as she has raised those issues today, they will be looked at by the police and the House security service to see what more can be done. That may include having conversations with the media if it is felt that their actions are increasing the risk to ourselves and our staff. There would have been many staff working in Parliament that evening, supporting our democratic process, and they, too, might have been under threat.

I think that we can all agree that freedom of speech and expression are fundamental human rights. However, there is a responsibility that comes with those rights. When a person’s views cross a boundary into criminal acts, action must be taken. The Public Order Act 1986 includes a number of offences that tackle such behaviour, including offences of fear, provocation of violence, intentional harassment, alarm or distress. I know that there have been some shocking instances of abuse directed towards MPs, and equally shocking examples of hate crime. We wholly condemn any personal attacks or abuse towards MPs. When MPs receive racial abuse, or abuse on the grounds of religion, sexual orientation, disability or transgender identity, they should report it to the police, so that it is treated as a hate crime.

Asylum Seekers: Right to Work

Debate between Alison Thewliss and Sarah Newton

Wednesday 11th January 2017 Westminster Hall

[Alison Thewliss (Glasgow Central) (SNP)]

indicated assent.

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

indicated assent.

[Alison Thewliss (Glasgow Central) (SNP)]

I beg to move,

That this House has considered asylum seekers and the right to work.

It is a pleasure to see you in the Chair, Mr Bailey. I have taken an interest in the rights of asylum seekers for some years now. One of the very first events I attended as a councillor in Glasgow in 2007 was the opening of Refugee Week, the inspirational and ever-growing festival co-ordinated by the Scottish Refugee Council. That was the first time I heard directly the testimonies, experiences and views of those who had fled violence and persecution. They told their stories through music and dance as well as in words, because the trauma they were expressing was often beyond description.

The right to seek asylum is set out in the universal declaration on human rights, and it is one of the most important obligations in international law. However, it has become clear to me over the past few years that sadly in the UK we are not fulfilling our duties to asylum seekers. We often keep them in a situation of destitution and danger, with little acknowledgement of the difficulties that led them to flee. Worse still, we are devaluing these precious human beings. Asylum seekers have skills they could bring and talents they could share. These are people who have overcome everything and lost so much. The very least we should do as a nation is give them a means of living in dignity, and I believe, as I will lay out, that there are circumstances in which they should have the right to work. That is consistent with the position that the Scottish National party took, along with Labour Members, in proposing amendments to the Immigration Act 2016 to enable asylum seekers to work if they had been waiting more than six months for a decision. The UK Government sadly rejected the amendments.

With no permission to work, asylum seekers survive—it is barely survival in many cases—on £5 a day. That affects more than 8,000 asylum seekers in the UK. The right to work was withdrawn by the Labour Government in 2002. At present, asylum seekers can work only if they have been waiting for a decision for longer than one year and they have skills relevant to the occupations on the shortage occupation list, which covers only jobs that few or no UK nationals are able to perform. Those are often very specific jobs, such as various types of scientists and engineers, as well as trades such as professional dancer or musician, which require specific qualifications and experience, as well as an employer who is willing to take a person on when they do not know how long they may be in the UK.

--- Later in debate ---

[Sarah Newton]

I will not; I have been generous in allowing the hon. Gentleman to make his speech. So that I have the opportunity to answer the serious points that have been raised, I will need to make my whole speech. If he feels that I do not address his concerns, I ask him to write to me.

Allowing asylum seekers earlier access to work risks undermining our asylum system by encouraging unfounded claims from those seeking employment opportunities for which they would not otherwise be eligible. We also must not create further incentives for asylum seekers to risk their lives attempting to travel here illegally. We instead want to encourage genuine refugees to claim asylum in the first safe country they reach.

I know there are those who say, as has been said today, that there is little evidence of a pull factor. I do not agree. We have seen the effect that policies in Europe have had in driving migrant behaviour. In 2015, following a shift in policy, Germany saw its asylum intake increase by 155%. More than 20% of those claims were from countries in the Balkans, which, mercifully and thankfully, have not seen conflict for more than 20 years.

There has been much debate, as has been referred to, about past delays in decision making by the Home Office, but that has been brought under control. In most cases, asylum seekers receive a decision within six months. While they are awaiting that decision, asylum seekers, who would otherwise be destitute, are entitled to free, furnished accommodation that is safe and of a good standard. In preparation for the debate, I met a Home Office official who personally inspects that accommodation in the constituency of the hon. Member for Glasgow Central and was assured of its quality and safety.

A cash allowance is given to asylum seekers to cover essential living needs. It is worth noting that in October, the High Court agreed that the methodology used by the Home Office for assessing the adequacy of payment rates is rational and lawful. The judgment also rightly rejected the argument that the rate should be the same or similar to that paid to benefit recipients by the Department for Work and Pensions. I do not accept that we are in some way treating people in an appalling or degrading way by providing that accommodation.

[Alison Thewliss]

Will the Minister take an intervention?

[Sarah Newton]

I will not, because I want to address the points that the hon. Lady has raised.

It is worth noting that we encourage asylum seekers to undertake volunteering activities, so that they can benefit the community. That supports integration if they are granted protection, and addresses some of the self-esteem and respect issues that the hon. Lady rightly referred to. Opportunities will be provided in communities for people who are used to being providers for their families or community leaders in the countries from which they fled.

I was pleased to hear the intervention from my hon. Friend the Member for Solihull (Julian Knight), who made an excellent point about the role the voluntary sector is playing in his community in supporting asylum seekers. For clarity, it is important to understand that those volunteering activities must not amount to unpaid work or job substitution. The Home Office recently published revised guidance to help clarify that issue, in case there is any uncertainty.

The current policy strikes the right balance. It is fair and reasonable towards genuine asylum seekers, it is consistent with our international obligations, and it takes into account the rights and needs of asylum seekers and our whole society.

Question put and agreed to.