Tuesday 14th February 2012

(12 years, 10 months ago)

Lords Chamber
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Lord Wigley Portrait Lord Wigley
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My Lords, as the Minister will know, I have a considerable interest in this matter. We have debated it long and hard over recent weeks. I would like to take up the points made by the noble Baroness, Lady Meacher, about the substantial effect that these changes could have on those who are in dire poverty. I would like to add a dimension to that: the position of those who may be in circumstances of uncertainty. The uncertainty regarding the benefit that may be available to help disabled children may in fact compound the difficulties faced by those families.

In those circumstances, I would like to press the Minister—while recognising the efforts that he has undoubtedly made to try to meet us on some of these points, despite the constraints of finance—on whether he can give any indication of the likely timing and mechanisms of these changes taking place. He referred to the fact that it will be 2015 before all the associated changes are in place. I am not sure whether to interpret that as an indication that the timescale may be so long that it will be 2016 before the changes are implemented. If I am wrong about that, what is the purpose of his flagging up the facts that we will know in 2015? If I am right about the implication of his statement being that there will be a delay until 2015 or, more likely, 2016 before the impact of these changes is felt, it would certainly give people time to start making adjustments, and the Government and this Chamber time for further consideration. If that is the intention, what would be the mechanism in 2015 or thereabouts to implement the changes that the Minister has in mind? If the mechanism is to be by order—that is, unamendable—that always causes misgivings in this place and other places. If it were possible at that stage to have a more general debate before an order was brought forward, it would give us an opportunity to pursue these matters in detail in light of what happens between now and then. I do not know whether these suggestions are in line with what the Minister indicated or whether I misunderstood what he said. However, I would be grateful if he could address these points when he responds.

Baroness Wilkins Portrait Baroness Wilkins
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My Lords, it was shocking that the other place left so little time for the important amendment concerning the disability addition for children. It received scant debate. I strongly support the current amendment for the reasons that I gave at Third Reading, and trust that the Minister now understands the damage that the Bill will do to disabled children unless action is taken.

Lord Peston Portrait Lord Peston
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I start from the position that when your Lordships pass an amendment, it is for the Commons to consider it reasonably and make up its own mind. I am coming up to the 25th anniversary of my being here and my experience is overwhelmingly that that is what happens. It happens for one very good reason—namely, courtesy.

For most amendments, once is enough. For rather more important amendments, the Commons may come back with a reasoned argument and we may decide that we need to argue it through a second time. Overwhelmingly, I take the view that for virtually everything, except matters that would subvert our constitution, twice is absolutely enough. In all cases, I expect a reasoned, thoughtful reply from the other place. I hope that is not an oxymoron. When I was told what was happening over the amendments that we are currently debating, at first I just did not remotely believe that the Commons would behave in such a way. I regarded it as an insult to your Lordships’ House that the Commons had behaved in that way. The Leader of the House did his best somehow to persuade us that there was no other way. I sat here listening and thought, “How do I feel about this?”. I felt and feel as though I was being bullied. Those of us who have some experience of bullies know that there is only one way to deal with them—to fight back. That is why I sit here, not as an expert on constitutional matters but simply as a Member of your Lordships’ House, as we debate an amendment that is of great ethical importance, as I pointed out last time. The Minister has certainly said that he would like to respond positively if he possibly still can. I think I am right; perhaps he will nod if that was his intention to get that impression across to us. However, I do not remotely see how he can do that, given the way in which the Commons has responded. The Commons has not responded in any way in which reason was uppermost in its mind. Reason was the last thing on its mind. Essentially, the Commons stamped its foot and said, “No way”. I cannot advise the noble Baroness, Lady Meacher, on what she ought to do. I just got up to place on record—on a matter that is of the utmost ethical importance, as I explained when we debated this previously—that, in getting its own way, the other House has chosen a means that we should not lie down and accept.