Jobseekers (Back to Work Schemes) Bill

Derek Twigg Excerpts

Tuesday 19th March 2013 Commons Chamber

[Mr Hoban]

I will touch on this in a bit more detail later, but we will appoint an independent reviewer to look at the way in which the sanctions regime works under the Bill and to report to Parliament; that is dealt with in new clause 1, which we will discuss later. The Secretary of State will lay the report before Parliament. The operation of the sanctions regime will be looked at within a 12-month period. If it could be looked at more quickly, that would be a good thing. That is one of the helpful products of the discussion between the two Front-Bench teams over the past couple of weeks. I hope that that gives Members reassurance on the nature of the review. I will come back later to the new clause, which will provide further reassurance.

In response to the judgment of 12 February, the Department laid new regulations, which came into force with immediate effect, so that we could continue seamlessly to mandate claimants to these vital back-to-work schemes. We have also written to everyone already taking part in the schemes to ensure their continued participation in schemes designed to help them to get back into work.

[Derek Twigg (Halton) (Lab)]

Could the Minister clear something up? Does he believe that the Court’s judgment is basically about a technicality, or was there a serious oversight by the Department? Many of my constituents think that there was a serious oversight.

[Mr Hoban]

No, there was not a serious oversight; the judgment was about a technicality. The High Court agreed that the regulations were satisfactory. It did not have a problem with the amount of detail in the regulations, whereas the Appeal Court did. I therefore believe that the judgment was about a technicality; it was about the amount of detail in the regulations. The Appeal Court thought that there should be more detail about the schemes. We felt, for reasons of efficiency and responding quickly to identify schemes that would help people to get back into work, that it was helpful to have some detail in the regulations but not as much as the Appeal Court wanted. To ensure that we could respond flexibly to the changing labour market and the changing needs of the unemployed, we designed the regulations in the way we did. We are seeking leave to appeal to the Supreme Court to continue to press that point about the amount of detail that should be in the regulations.

--- Later in debate ---

[Mr Byrne]

The hon. Lady raises an extremely important point, and that is why we have sought to ensure that the Bill includes our safeguards, which preserve the right to appeal with good cause, and the 13-month appeal window during which people can lodge objections to the sanctions regime. To answer the hon. Lady directly, I do believe that the DWP should be equipped with the power to issue sanctions. That general foundation has been in the hands of Ministers for more than a century. The new deal programmes and the future jobs fund that Labour put in place had sanctions attached to them—indeed, they were tightened by the Welfare Reform Act 2009—and I do not believe that those powers should be empty ones. However, nor do I believe they should be in the ether—in the hands of Ministers who have no obligation to put in place genuine back-to-work programmes that are better than doing nothing, unlike today’s Work programme.

[Derek Twigg]

Is there not evidence in our constituencies of people being taken off benefits for no good reason? For example, a constituent who was attending the funeral of a close relative had her benefits stopped. People with mental health issues, particularly young men, are kicked off benefit for no good reason.

[Mr Byrne]

My hon. Friend is absolutely right to flag that up. He will know that the DWP’s own guidance says that “good cause” for appealing against a sanction decision includes bereavement where the claimant was arranging or attending a funeral of a close relative or friend. That is why it is vital that we seek to protect these appeal rights in the Bill.

The ultimate test of whether a back-to-work programme is working is perhaps the one the Secretary of State set out when he spoke in Easterhouse all those years ago. He said that

“we need a jobs revolution. Every working-age adult capable of earning a decent living for themselves and their dependants must be helped to have the opportunity to do so”.

Since he took office, unemployment has increased in three quarters of the estates with the worst unemployment levels in Britain. It has not got better; it has got worse.