Benefit Sanctions

Debate between Emily Thornberry and Priti Patel

Wednesday 16th December 2015 Westminster Hall

[Priti Patel]

Let me finish my point. The report noted that

“the sanctions regime does prompt some behavioural change”.

Scottish National party Members have secured this debate; I congratulate them on that, but they have had their say. They have been giving very inaccurate reports about the sanctions regime. As I have said at least six or seven times on the Floor of the House, if individual Members want to raise their cases with me, I am happy to look into them. If they want to raise cases about jobcentres in their constituencies or the conduct of work coaches, I would like to pick those up with them. Members who have raised such cases have not done so previously, but I give them the opportunity to do so.

[Emily Thornberry]

I appreciate that the Minister has a lot to get through, so I will speak very fast. One of the Work and Pensions Committee’s recommendations was that the DWP should monitor the destinations of people leaving jobseeker’s allowance. Currently, the Department only does that on an ad hoc basis. That is one of the recommendations that the Government refused to apply.

[Priti Patel]

That, of course, is part of our ongoing work and, along with the sanctions system, it is always subject to review. We will continue to work with the system and learn from the data we receive.

To return to the Crisis report, it is not entirely clear how the respondents to the study were selected, and the conclusions appear to apply to only a subset of the overall homeless population. That is why we are quite cautious about the degree to which the views and responses included represent those of the broader population. We know that the most important priority for homeless people is to secure accommodation, and to secure support not only in getting into accommodation but in dealing with barriers to work and any particular conditions they may have. It is important to note that support is always, rightly, based on individual needs and circumstances, and is there to help homeless claimants find suitable living accommodation, which in turn helps to remove barriers to employment.

I return to the role of our work coaches. They are able to treat certain homeless claimants as meeting their job-seeking conditions if they are receiving the right support to find living accommodation. Work coaches are also able to suspend conditionality temporarily if the claimant’s circumstances constitute an emergency. We recognise that homeless claimants may not be covered by our current list of vulnerable claimants for the purposes of hardship payments, and I emphasise that we are considering expanding the list to include those who are homeless.

We understand that homelessness is highly complex, and no one should generalise about the circumstances or backgrounds of homeless individuals. It is our priority to ensure that they get the right support. That is why the Government have made more than £1 billion available since 2010 to prevent and tackle homelessness and to support vulnerable households. In the spending review, we announced an increase in the Department for Communities and Local Government’s centrally funded programmes over the next four years to tackle homelessness. I would like to think that all Members here would welcome that.

References have been made to sanctions statistics, and it has been suggested that according to the Government’s March figures, 50% of sanctions imposed have been overturned on appeal. The official statistics say something different: in the year to June 2015, only 14% of original adverse JSA sanctions and 23% of ESA decisions were overturned by decision makers. Those decisions were based on new evidence being brought forward that was not available at the time of the original decision.

Oral Answers to Questions

Debate between Emily Thornberry and Priti Patel

Monday 7th December 2015 Commons Chamber

[Emily Thornberry (Islington South and Finsbury) (Lab)]

Grow up!

[Priti Patel]

The hon. Lady says, “Grow up”. Perhaps Labour Members should put aside the disparaging comments they make every time we speak about employment opportunities and growth in the economy. Unemployment is now at its lowest level for over seven years. In addition, the number of people in work has risen by over 2.1 million since 2010.

Benefit Sanctions

Debate between Emily Thornberry and Priti Patel

Wednesday 2nd December 2015 Westminster Hall

[The Minister for Employment (Priti Patel)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I congratulate the hon. Member for Airdrie and Shotts (Neil Gray) on securing the debate, because it not only allows all Members to reflect their reviews on this important issue, but gives us a chance to discuss conditionality alongside full employment and how we can encourage and support people back into work. The hon. Gentleman raised points that we have discussed previously. As he is a new spokesman for his party, I congratulate him on that and I look forward to working with him.

The debate has been wide-ranging, but I would like to start by restating the importance of conditionality and the role that that plays in our welfare system, and I will outline the principles behind the use of sanctions as part of the approach to help move people into employment. The hon. Gentleman and all hon. Members have made important points about the system, and I will outline some of the recent developments and the improvements that we are making following the recent report on sanctions by the Select Committee on Work and Pensions as well as the independent Oakley review.

The role of conditionality is best highlighted by the independent Oakley review, which said that sanctions are

“a key element of the mutual obligation that underpins both the effectiveness and fairness of the social security system.”

The words “effectiveness” and “fairness” are particularly relevant, because we know from claimants that there is a positive impact on behaviour. Nearly three quarters of people on jobseeker’s allowance and more than 60% of those on employment and support allowance say that sanctions play a role in helping them to understand the system. They have the claimant commitment in particular, but it helps when it comes to seeking employment and it provides a framework for them. The number of sanctions has fallen by around 40% in the last year, and ESA sanctions have stabilised as well. We should recognise the point about mutual obligation that the Oakley review describes and that sanctions can provide the right support for people to move into employment.

[Emily Thornberry]

I do not really understand what the Minister is saying. Perhaps she can help me by explaining it a little more. Is she saying that claimants say that it is helpful for them to have sanctions and that without sanctions, they would not understand what the system was?

[Priti Patel]

We know from claimants that the principle of conditionality and the claimant commitment have a positive impact on behaviour. Nearly three quarters of people on JSA and over 60% of those on ESA say that sanctions make it very clear to them that they will follow the rules, in terms of the claimant commitment and their discussions with work coaches. Those rules will also help them to gain employment, so they understand the discussions and dialogue that take place with them with regard to conditionality.

--- Later in debate ---

[Priti Patel]

As I said, a sanctions process is in place. It is a proper process that includes the claimant from the start, so the claimant is fully engaged in the process, the discussions and the claimant commitment or the action plan, which clearly states what is expected of them.

On the overturning of sanctions and appeals, I cannot comment on individual cases, but I emphasise that the claimant commitment and the action plan are undertaken with the claimant from the start. The parameters are there. The individual knows exactly what is required of them. Importantly, it is a two-way process, with work coaches and the jobcentre. They set out not only what the claimant commitment is and what is expected from the individual, but importantly, the support that they will provide to that individual.

I know that a few cases were highlighted. The hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) mentioned a couple of cases. I am very happy to look into those, if she would like to share them with me after the debate, and to work through those individual cases with her. I will come on to the point made by the hon. Member for Airdrie and Shotts about individuals with particular conditions, such as mental health conditions, or with caring responsibilities or disabilities. Individuals have different circumstances, as we all recognise. It is absolutely right that individual circumstances, conditions and responsibilities are taken into consideration and that claimants are given a full opportunity to provide the good reason for not complying when a decision is made by the decision maker.

Coming back to the point about process, there is, of course, the opportunity to have a mandatory reconsideration, whereby there is a further opportunity, on an individual basis, to provide information and for more facts to be considered.

[Emily Thornberry]

The Minister is being very generous in taking as many interventions as she has. She has moved back to process, on which I wanted to ask her a question. She said that the number of sanctions is going down, but a large number of people are moving on to universal credit, and the Department for Work and Pensions does not publish statistics for those who have been sanctioned on universal credit, as I understand it. Will the DWP undertake to start publishing statistics on people who have been sanctioned who are getting universal credit?

[Priti Patel]

If I may, I will come back to the hon. Lady on that point. She will be fully aware that universal credit is being rolled out and will be rolled out fully by April next year. However, I will come back to her on the point about UC and sanctions.

I was making the point about the process and support for claimants with health conditions. In addition to looking at any other cases that Members would like to raise with me, I make the point that jobcentre staff are trained to support claimants with health conditions, and mental health conditions in particular, during their job search and have access to more expert advice if that is needed. With that, we are ensuring that safeguarding measures are put in place to protect vulnerable claimants, particularly ESA claimants, with mental health conditions. We have a process and a system whereby ESA claimants, when engaged with the jobcentre, can receive a home visit from a visiting officer, should that be required. It is also fair to make the point that, with the Work programme, providers must make every attempt to engage on a face-to-face level if they identify a claimant as vulnerable.

The debate gives me the opportunity to raise with the House the fact that for mental health claimants in particular, the Government have outlined a new joint unit, very much focused on the Department of Health working with the DWP, looking at individuals with health conditions and health barriers—mental health being one of them—and at how we can provide more tailored and integrated support to help those claimants, many of whom, it is fair to say, are on employment and support allowance and are furthest away from the labour market.

More than 60% of ESA claimants say publicly and frequently that they want to work, but we need to find the right journey and support for them to get back into work. This Government have just started that important work through the new joint health and work unit of the two Departments. That is a positive step forward, and I look forward to working with all right hon. and hon. Members to see how we can advance.

The hon. Member for Airdrie and Shotts mentioned the yellow card early warning system, which was announced in response to a recommendation by the Work and Pensions Committee in its recent report on sanctions. Its Chair, the right hon. Member for Birkenhead (Frank Field), welcomed our response and, importantly, our willingness to engage with the Committee to ensure that the conditionality system works as it should. In our response to the Committee, we announced that we would trial a sanctions warning system giving claimants a further two weeks to provide evidence of good reason before a decision is made. It is important that that will strike the right balance between fairness and conditionality. We intend the trial to operate in Scotland from March 2016 and to run for approximately five months. A full evaluation of the trial will be undertaken, and the findings will be available from autumn 2016. As I said, I am happy to discuss the findings and the roll-out as it continues.

We have responded positively to the independent Oakley review. As a result, we have worked with behavioural insight experts to enhance our engagement, our approach and the way in which we communicate sanctions. We have published a JSA sanctions fact sheet through Government channels; we are improving the clarity of the JSA and ESA hardship application process; and we are making improvements to the payment process to ensure that payments are made within three days. We are very clear about that, as we stated in our response to the Work and Pensions Committee. We have accepted all 17 of the Oakley recommendations to improve the process, and we will undertake a number of improvements to JSA and ESA sanctions. The Chair of the Select Committee made it clear that he is pleased that the Government accepted its approach and many of its comments on sanctions, and particularly our willingness to change.

Food banks have been mentioned. We are trialling the DWP working with food banks in Manchester, and we will report back on the observations from that.

In conclusion, the employment support offered by jobcentres has been based on conditionality, but it has also been personalised to help people into employment with wide-ranging provision of skills and employability support. There are clear expectations on people under the conditionality system, such as work search expectations, which we have touched on in the debate. A key part of our employment and support programme is the principle of conditionality, and we will keep our sanctions process under constant review to ensure that it continues to function effectively and fairly. We will also work with the Work and Pensions Committee, and we will take on board the views and comments that have been aired this afternoon.

Universal Credit (Work Allowance) Amendment Regulations 2015

Debate between Emily Thornberry and Priti Patel

Thursday 19th November 2015 General Committees

[Priti Patel]

There is no doubt at all that universal credit will have a powerful and positive effect on labour market participation. The under-25s will benefit in due course from the increase in the personal allowance, which will mean that they keep more of the money that they earn. Those aged 18 to 21 will benefit from the new schemes that the Government are bringing in to support more work and training, and give help in getting on apprenticeship schemes. The positive choices will be out there for them to gain skills and get their foot closer to the labour market through the support of universal credit as a structure and through our work coaches, who will support them in work and will be of great benefit to them.

We can already see that universal credit is working and is changing lives across the country. It is now available in more than 500 jobcentres nationwide, covering more than 270 local authorities across England, Scotland and Wales, including the constituencies of many hon. Members on the Committee—Dudley North, Glasgow South West, Alyn and Deeside, and Islington South and Finsbury. Opposition Members will welcome the fact that universal credit is helping their constituents to look for work, to enter work more quickly and to earn more money in work.

Universal credit is a transformational system in the way it provides support, breaking down the barriers that prevent people from gaining work. Our network of trained and dedicated work coaches is transforming the relationship that we have with claimants and, importantly, that they, in turn, have with the labour market. We are supporting people from various backgrounds—including, importantly, people with disabilities and health conditions —into work by forging strong partnerships with key employers, ranging from National Grid to Barclays. We also have the Government’s Disability Confident campaign, which puts people at the heart of securing employment opportunities.

Many parents have previously cited, and currently cite, childcare costs as a specific barrier to entering the labour market. Universal credit currently covers up to 70% of eligible childcare costs, but, from April next year, we will increase that to 85%. That will make an enormous difference to people’s lives, with an increase of up to £1,368 per year for every child.

[Emily Thornberry]

I applaud the right hon. Lady’s cheerful rhetoric in the face of my questions to her. However, is it not right that single parents’ work allowance will be cut? Is it not also right that people without children will have no work allowance at all?

--- Later in debate ---

[Priti Patel]

The hon. Lady touched on tax credits, and she will, rightly, have to wait until next week’s spending review to hear what else will happen in that particular space. However, I emphasise again for everybody on the Committee, including the hon. Lady, that the incentives to move into work and to increase hours will be strong in universal credit. They are far better than the system of benefits and tax credits that they replace. Moreover, universal credit ensures that those on very low incomes are protected. The Budget changes will also need to be considered as part of the wider Government support that we have put in place for working families, much of which I have touched on. Help can be targeted much more effectively at those who face the biggest barriers to work than through a blanket work allowance for all claimants, and I am sure all Members will agree with that.

Beyond universal credit, the Government have set out a vision for a higher-wage, lower-tax and lower-welfare society. As a first step, we have raised the personal allowance to £11,000 for the next tax year, and we have pledged to increase it again to £12,500 by the end of this Parliament. We have introduced the new national living wage, which will come in next year. As we have stated previously, that is forecast to reach more than £9 by 2020, based on the recommendation from the Low Pay Commission.

We expect many universal credit claimants to respond to these changes by actively seeking more work. We will rightly support them in that. I remind the Committee that in the current welfare system more than 500,000 people would lose more than 80p for every extra £1 they earned. Virtually no one will face that level of withdrawal rate under universal credit.

[Emily Thornberry]

I am listening carefully to the hon. Lady but she is just not right. People without children will not have any work allowance at all. They will therefore be losing 65%. When tax and national insurance are added to that, they will be losing more than 70%. Some will work for £1 and get only 30p of it.

[Priti Patel]

With respect to the hon. Lady, she is wrong, because universal credit will offer real support to people in work. I have touched on the wider package of measures, many of which were announced in the Budget this year by my right hon. Friend the Chancellor. Importantly, not only will universal credit offer support into work, but it will continue to be a vital safety net for the most vulnerable in society.

The package of measures announced in the Budget ensure that welfare will be put on a sustainable footing. We acknowledge that these are wider and difficult decisions but they are the right ones that put work first, restore fairness to the welfare system and the taxpayer, and importantly will continue to provide a safety net for the most vulnerable in society.

Welfare Reform and Work Bill (Eleventh sitting)

Debate between Emily Thornberry and Priti Patel

Tuesday 20th October 2015 Public Bill Committees

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I beg to move, That the clause be read a Second time.

Like housing, the cost of childcare has weaved its way through these debates, as we have considered a Bill that places significant new burdens on working families with children. The rising cost of childcare is not a new phenomenon, but it has certainly made life more difficult in recent years for working parents, who have seen their incomes largely flatline, whereas the cost of childcare has been going up.

According to figures compiled by the Family and Childcare Trust, the costs for preschool children have increased by 20% in real terms over the past decade. Between 2007 and 2013, the proportion of families who said that they found it either difficult or very difficult to pay for childcare increased from 18% to 26%. In the past five years, as prices have continued to outstrip wages, the trend has worsened to the point where the average family will pay an additional £1,500 a year in nursery fees compared with what they paid in 2010.

The impact on families with the lowest incomes, regardless of whether they work, has been particularly alarming. Children living with parents who have to pay for childcare are now a third more likely to live in poverty once those costs have been taken into account. The Bill, which attempts to redefine poverty by focusing on whether anyone in a household works, instead of on how much working households can earn, will effectively ignore the problem. That does not make it any less real, however, for real families in the real world, and it should not blind the Committee to the fact that there is a lack of consistency in the Government’s approach, which seeks to impose strict requirements on parents to support themselves solely through work while providing less and less support to cover the costs of the childcare that would make work an option.

It is significant in that context that 41% of parents who responded to a survey carried out by Citizens Advice last year said that the cost of childcare either prevented them from working at all, or, if they already worked, prevented them from increasing their hours. That will not be helped by a promise to increase the number of hours of childcare available, as long as the promise simply remains a promise and is, frankly, no more than an unfunded commitment. We have discussed that commitment at length during previous debates in this Committee and the fact that the Childcare Bill, which is currently making its way through the other place, is a four-page Bill, which does not increase the confidence of Opposition Members that this pledge is realistic.

The most obvious concerns—I will not rehearse them all this morning—are that the extension is inadequately funded; that the Government have yet to outline their plans for increasing the number of childcare places to meet any increase in demand; and that we have had no indication that any additional support will be made available for single parents who will be expected to be available for work as a result of measures in this Bill. It seems telling to us that when we put forward an amendment saying effectively that no parent should be forced to work unless adequate childcare is in place, Government Members felt it necessary to vote against such a reasonable amendment. That group of people will be hit particularly hard by the regressive four-year freeze on working-age benefits and tax credit, which clauses 9 and 10 provide for. I remind the Committee that single parents make up 56% of families receiving both working tax credit and child tax credit. If the extension of free hours is inadequately funded—I would welcome any evidence to the contrary—it is inevitable that the out-of-pocket costs parents are forced to pay will increase as sharply in the next five years as they have in the past five years.

Freezing the level of working tax credit, under which working parents can claim reimbursement for up to 70% of their childcare costs, is particularly counterintuitive if the aim is to make work pay, as the Government continue to insist it is. If we assume that childcare costs will rise at the usual pace over the four years during which the payments are frozen, the amount that working parents will be able to claim for support with childcare costs will fund fewer and fewer hours each year. In those circumstances, the only option for many parents will be to cut back on the hours they work, which would seem to be at odds with the underlying principle of the so-called Welfare Reform and Work Bill. Parents who take such a step, which the Bill as it stands would make an entirely logical choice, will leave themselves open to harsh penalties under the sanctions regime if they find themselves unable to work altogether.

New clause 8, which would require the Secretary of State to undertake an annual review of the childcare element of working tax credit, would not require that the sums involved necessarily be increased, but would simply acknowledge that a four-year freeze in all benefits and tax credits is an extreme measure that will tie the Government’s hands in all circumstances. Economic growth may, for example, significantly exceed expectations over the next four years—that seems unlikely, but it is possible. Were that to happen, the freeze might prove unnecessary and more extreme in its effects, widening the gulf between the incomes of low-income families and the costs they are expected to cover.

It might also be the case—this seems somewhat more likely—that the promised extension of free childcare will not materialise according to the Government’s plans. In that scenario, significant costs will continue to fall to parents, whether they are working or looking for work. I would like to think that, in such circumstances, the Secretary of State would be open-minded enough to admit that tax credit payments specifically earmarked to cover working parents’ childcare costs might need to increase at a level that was adequate to ensure that those costs remained affordable. If the intention behind the Bill is, as the Government say, to give people an incentive to work and to ensure that work always pays, more flexibility is surely called for.

[The Minister for Employment (Priti Patel)]

A very good morning to the Committee.

The new clause seeks to ensure that the Secretary of State would have to review the level of the childcare element of working tax credit annually, and that that review would be used to determine the maximum rate at which that element was set.

By way of background, I should say that the childcare element, like a number of other elements of tax credits, has never been automatically increased as part of an annual review, but we do keep it under review. Indeed, since its inception in 1994 as part of family credit and disability working allowance, it has increased from a starting rate of £40 per family towards the costs of childcare to its present-day level, where the Government contribute 70% of childcare costs up to £175 a week for one child or £300 a week for two or more children. Under universal credit, as the Committee has discussed, that will increase to 85% of childcare costs.

In addition, the Government have taken significant steps to increase support for childcare for working families, including by extending free entitlement to childcare for working parents of three and four-year-olds to 30 hours—an increase on the 15 hours allowed for in the last Parliament—and by providing for 15 hours of free childcare a week for two-year-olds from disadvantaged backgrounds. We also have the forthcoming introduction of tax-free childcare, which will benefit up to 1.8 million working families by up to £2,000 per year per child, or by up to £4,000 per year for disabled children.

[Emily Thornberry]

I have been sitting here processing what the Minister has said, and I believe that she told the Committee at the outset of her speech that the Government have kept the cost of childcare continually under review. If that is right, there is not a huge gap between us. Given the alarm that is spreading across the country over cuts in benefits and whether working families will be able to make ends meet, would it be a good idea to give a commitment today that the review will happen annually? We would not need to discuss the matter any further.

[Priti Patel]

We take the view that the new clause is not needed. The childcare element has never been included in formal annual uprating reviews, and the Bill does nothing to change that. The Government already keep the level of the childcare element under review, as we have said. We are committed to helping families with childcare through some of the areas to which I have already alluded. On that basis, the new clause is not needed and I urge the hon. Lady to withdraw it.

[Emily Thornberry]

This was largely a probing new clause, and I am grateful to the Minister for her response. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Changes to age of eligible claimants of housing benefit

‘(1) The Social Security Contributions and Benefits Act 1992 is amended as follows.

(2) After section 130(1) insert—

“(1A) The Secretary of State shall not make provision about eligibility for housing benefit in respect of the age of a claimant except by primary legislation.”.’—(Hannah Bardell.)

This New Clause aims to ensure that any changes to the age of eligible claimants for housing benefit must be made by primary legislation rather than regulation. The Government intends to withdraw entitlement to housing benefit from 18-21 year olds and it is understood this change would be enacted by regulation.

Brought up, and read the First time.

--- Later in debate ---

[Priti Patel]

I will restate my point. Nine in 10 families with children were eligible for tax credits. That was reduced to six in 10 in 2010 following the coalition’s reform in the last Parliament. The present reforms will reduce that and take tax credit spending back to where it was in 2008 and not, as Opposition Members suggest, to a world without tax credits. Alongside the tax credits changes, we are introducing the national living wage, which, we have clearly heard, Opposition parties do not support. That will be worth more than £9 an hour by 2020.

[Emily Thornberry]

With great respect, the right hon. Lady is talking nonsense. Of course we support wages going up by whatever means that can be done. What we do not support is the ridiculous associated rhetoric suggesting that the proposals are somehow taking over or working on the national living wage campaign, which is based on a completely different set of statistics. It is typical of the Conservative party to try to confuse people and confabulate as it is doing. Of course we support increases in wages.

[Priti Patel]

It is typical of the Labour party to scaremonger and distort some of the facts that we have heard, as well.

The national living wage will be worth more than £9 an hour by 2020. The increase in the personal allowance is part of a single thought-out and coherent plan to ensure that people keep more of their money, rather than having more of their income taxed. The new national living wage means that someone working full time on the current national minimum wage will have a pay rise of nearly £1,000 gross next year, and about £5,000 by 2020. Of course, the personal allowance will go up from £11,000 to £12,500, which means a typical taxpayer will pay more than £1,000 less income tax by 2020.

The Opposition have given illustrations of their view, and I want to give illustrative examples of how families will benefit over the course of the Parliament when the welfare and tax changes announced in the Budget are taken fully into consideration. The income of a couple with two children where only one parent is in work on the current national minimum wage will increase by £2,480. The income of a lone parent with one child working 35 hours at the current national minimum wage will rise by £1,500. A family with two children where the parents are working 35 hours a week on the national minimum wage will see their income increase by £5,500. And a single person with no children working 35 hours on the current national minimum wage will see their income rise by more than £2,000.

There will also be a wider ripple effect in the economy, which is growing, through the national living wage pushing up wages above the current national minimum wage. As we have discussed, not just in this clause but in previous ones, we are committed to doubling free childcare for three to four-year-olds and providing £5,000 of support in childcare for working parents.

No analysis has taken into account those factors from 2016, with the wider ripple effects, which are set to benefit more than 3 million working people. On top of the uplift in the free childcare, there is the £2,000 per child that working families and parents will be entitled to through tax-free childcare.

--- Later in debate ---

[Priti Patel]

My understanding is that tax-free childcare will cover after-school clubs and school holidays, but I will get clarification—[Interruption.] Well, I will give the hon. Lady clarification.

The point I would like to make is that, as we discussed in the previous sitting, the Government have a very strong record on childcare provision, tax-free childcare and support for disadvantaged two-year-olds. The fact that we have been spending in excess of £5 billion on supporting childcare provision for working families should be welcomed by all parties. It is sad that political parties choose to point-score about childcare provision.

We are clearly going to disagree on the content of the new clause. I have highlighted how the increased personal allowance, the national living wage and the welfare changes announced in the summer Budget will provide support for working families. For the reasons I have set out, the new clause is not appropriate for inclusion in the Bill, and I urge the hon. Member for Islington South and Finsbury to withdraw it.

[Emily Thornberry]

We will not withdraw the new clause, Mr Streeter.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Priti Patel]

The hon. Gentleman is right to give those examples. What happened is not right. He mentions accessible formats. I will go away and report back to him on that, but what happened in that case is simply not right—that should not have happened to someone with a visual impairment.

The Department is considering the contents of the Work and Pensions Committee report and looks forward to working with it not just on that, but on future reports.

I come back to my point that, with all our policies, we will keep the operation of the sanctions system under review. We are focusing our efforts on continuing to improve the process on JSA and ESA to ensure that the agreed recommendations can continue to be delivered in the existing universal credit live service and embedded into the design and build of the emerging universal credit digital service. On the basis that we have a system of continually reviewing the sanctions system and are looking at it with regard to the universal credit live and digital services, I urge the hon. Member for Islington South and Finsbury to withdraw the new clause.

[Emily Thornberry]

We will press the new clause to a vote.

Question put, That the clause be read a Second time.

Welfare Reform and Work Bill (Eighth sitting)

Debate between Emily Thornberry and Priti Patel

Tuesday 13th October 2015 Public Bill Committees

[Priti Patel]

Sanctions are part of the process that the claimant has with the jobcentre, in particular when it comes to the contract they have and their discussions. All the parameters are made perfectly clear to claimants coming to the jobcentres in terms of what is required of them. Those requirements are not unreasonable, given that they are work-related. In particular, they are there to help the individual to get back into work. No unreasonable requirements are placed on the individual at all.

[Emily Thornberry]

From my experience just of those who come into my surgery, what the right hon. Lady is saying is not in touch with reality. She has talked about the importance of listening to people and I really think that she should listen to this. For example, if someone has a mental health condition which is a variable one, they will be put on the lower component of ESA, so on the edge of being able to work, perhaps with support. If it is insisted that they go in for an interview, or that they do voluntary work or fill out CVs at a period when they are suffering depression or life is particularly chaotic, the experience of my constituents is that the local jobcentre is not sufficiently understanding and they will get sanctioned.

[Priti Patel]

I say to the hon. Lady that, first, sanctions are there for a purpose: they encourage jobseekers in particular to comply with reasonable requirements.

--- Later in debate ---

[Priti Patel]

On the contrary, the measure is not about removing support. It is about what more the Government are doing in terms of our commitment to supporting disabled people to get them into employment. That is down to a package of measures.

[Emily Thornberry]

Will the Minister give way?

[Priti Patel]

I will not give way.

It is very easy for Labour Members to claim that the measure is about taking money away. It is about providing the right kind of support for people with health conditions and disabilities. It may not be the appropriate answer that the hon. Lady wants to hear. The Government are committed to supporting more employment. Of course, this is a binary argument for her. We are supporting claimants with a limited capability for work through our employment provisions, our jobcentres and the specialist disability employment advisers.

--- Later in debate ---

[Priti Patel]

I am listening.

[Emily Thornberry]

Good, I am glad. So, 39% of single parents are having their decisions overturned on appeal. My point is that the discretion given to Jobcentre Plus officials is not appropriate, and that it would be better, and right, to put the requirements into regulations instead, so that they are given legal standing. Discretion is not working. When nearly 40% of cases being overturned on appeal, there is something wrong with the system. That is not rhetoric, it is the evidence, and something needs to be done. The situation raises serious questions about the training of Jobcentre Plus staff and Work programme providers and their ability to make appropriate decisions. To illustrate that point I will give the Minister a few stories from single mothers. Their personal details are disguised, but their cases are real.

There is a women called Geri; she is single mother and has a nine-year-old daughter. Her jobseeker’s agreement sets out the requirements that she must meet as a condition of receiving her benefits, which are that she must apply for 21 jobs a week, either full or part-time, and be prepared to travel up to an hour each way for a job. Emma has a 10-year-old son and lives in Bristol. Her jobseeker’s agreement requires her to look for work in London, which is a 90-minute commute each way, despite the fact that the cost of a season ticket would exceed £5,000 a year. Furthermore, the extended hours of travel would make it impossible for her to take her son to school and pick him up at the end of the day.

A woman called Fiona had her jobseeker’s allowance stopped for three months because she turned down night shifts, which she had to do because she could not find suitable childcare for her daughter. Elaine was threatened with sanctions by her Work programme provider when she said that she could not attend back-to-work courses during the summer holidays. She has two young daughters whom she cannot leave on their own at home. She was offered no help with childcare costs by the provider of the voluntary work that she was supposed to be doing in order to make her fit for work.

I have heard stories of single parents being threatened with sanctions if they do not attend appointments that clash with the school run. I have heard stories from single parents who have been sanctioned for missing appointments in order to stay at home when their children are unwell. I want to point to the evidence and try to help the Minister to make the right sort of social policy, so I point out that Islington Law Centre has a 100% success rate when challenging sanctions imposed on my constituents, which I really think should give Ministers pause for thought. The centre represented, for example, a pregnant woman who was sanctioned for missing an appointment when she was so unwell with morning sickness that she was in hospital.

--- Later in debate ---

[Priti Patel]

The hon. Gentleman is right to raise that, and obviously that is a highly relevant and pertinent point. This is why we should not undermine the autonomy of those local decision makers by putting things in binding statutory guidance. They need to be supported, and the Department needs to support them to offer that flexibility as well. We all recognise that personal circumstances and individual circumstances change. I am pleased to hear that the case that the hon. Gentleman mentioned has been resolved, but of course we want to avoid such situations in the first instance. We can only achieve that if work coaches work with the individual claimant and understand their circumstances. Obviously, the claimant needs to be very up front and say that their circumstances are changing and explain what is going on, because life is not one-size-fits-all for everybody and obviously circumstances change.

[Emily Thornberry]

Of course I understand that local jobcentres ought to reflect local demand, but I ask the Minister to focus on the question of what would be wrong with having it set out in the regulations that a lone parent should not be obliged to go into work or look for work if there is an inadequate number of suitable employment vacancies within reasonable daily travelling distance of the claimant’s home. The six examples that I listed in amendment 133 give flexibility and at least give a baseline of fairness and do not allow people simply to have ultimate power over small children and single parents.

--- Later in debate ---

[Priti Patel]

I will not give way. Work coaches are using their discretion to tailor appropriate requirements without the need to set the types of support in regulations or to make guidance statutory. I have touched on this already; the Department routinely upgrades guidance, advice and training, and shares those resources not just locally, but with stakeholders. We want to have the highest possible standards and we are working to achieve that. Universal credit responds to individual circumstances. Accepting the amendments would result in an unnecessary, costly and overly bureaucratic imposition. It would not enhance the individual claimant’s choice, opportunities and the support that is made available to them through work coaches. I therefore urge the hon. Lady to withdraw the amendment.

[Emily Thornberry]

We wish to push these amendments to a vote. I have listened carefully to the Minister and despite what she may say about local flexibilities, the national picture is that lone parents are having 39% of their sanctions decisions overturned on appeal. Therefore, the system is not fair. We want a better system in place with proper regulations that have legal standing.

--- Later in debate ---

[Emily Thornberry]

That brings me back to the purpose of the amendment. If the Minister is as confident as she seems that it will cost only £365 million, not £1.6 billion —even though the Childcare Bill includes no plan for delivery and we have not heard any plan, she seems to think that it is backed up with sufficient funding and is entirely realistic—why not back our amendment? We are simply saying, “Don’t push single parents into work until there is childcare available.” If she is so confident that childcare will be available, what is the problem with supporting our amendment?

It is nonsense. In a report published last week, the Institute for Public Policy Research criticised the Government and their costing, saying that it was

“inexplicably low in comparison to other estimates, as well as to current funding.”

The inevitable outcome, the report suggests, is:

“The Government’s drastic underfunding gives rise to concerns that the hourly rates that it will give to providers to deliver this care will be too low, resulting in falling quality, poorer outcomes for children and less choice for parents as the market shrinks.”

The report also raises concerns that will be familiar to anyone who has followed debates on the issue in recent years, about the likelihood that the Government will seek to make up for the additional strain by simply loosening regulations. I have asked the Government how they can proceed with these welfare reforms without expecting families to live in cars, but I ask another question: how do they expect all those children to be looked after for such a relatively small amount of money without being put in barns? Perhaps there will be factory-farmed three-year-olds. How will the Government be able to look after all those youngsters on such a small amount of money? We have yet to see any plan for how it will be done, and we simply do not believe the Government.

Will providers be expected to relax their ratios of staff to children, spreading themselves even more thinly? It has caused some alarm among providers, to say the least, and it has caused quite a lot of alarm among parents and the wider public, unsurprisingly, given that we know about the link between the quality of childcare and low ratios of staff to children. If the Government press ahead with their proposals, even the best-qualified staff will struggle to provide an adequate standard of care.

Professor Cathy Nutbrown said in evidence to the Lords Committee last year that

“no matter how many PhDs you have, you can only hold so many babies.”

To put it simply, the Government are asking us in clause 15 simply to trust them. “Trust us,” they say, “We will provide 30 hours of free childcare. It will be available at some point in the future.” Well, we do not trust the Government on that. The Childcare Bill is not a credible piece of legislation, and the trust that we have been asked to place in the Government has not been earned. Frankly, they might as well have brought a Bill promising a land full of milk and honey, for all the credibility that the Childcare Bill has.

If I am wrong—I hope that I am—and the Minister is right, and if 30 hours childcare is about to be available free for all working parents; if everything is fine, and it is good-quality childcare that is available in the hours when people can work, then she should support our amendment. We have been discussing safeguards to prevent conditionality from being applied to parents in inappropriate circumstances, and amendment 108 provides a way to do so that is straightforward and clear. It provides simply that single parents will not be forced to look for work in the absence of affordable and appropriate childcare. If she is so confident, she should back up her confidence by supporting our amendment. There is no good reason to oppose it.

As I have outlined, there are many doubts about the promises that have been made. I understand that the Minister is leading the childcare taskforce herself, so she should be more confident than anyone else, and she should be able to say in this debate, “You’re right, Emily Thornberry. I’m going to show you just how confident I am. I’m going to instruct my Back Benchers to support the Labour amendment.” Not supporting the amendment will show that not even the Minister believes in her childcare policy.

[Priti Patel]

We have been very clear that to support our full employment ambition, the Government are committed to helping working families by reducing the cost of childcare and making it easier for parents to return to work and to work more hours while knowing, importantly, that their children will be well cared for. That is why we have introduced the Childcare Bill, which will increase the level of free childcare from 15 to 30 hours for all working parents of three and four-year-olds. That will be available in some areas as early as September 2016, with further roll-out from September 2017. Clearly, however, that is only one element of a comprehensive package of childcare support available to parents up and down the country.

The existing offer provides 15 hours of early years education for all three and four-year olds and for disadvantaged two-year-olds. That is in addition to the other Government support for childcare, including, as the hon. Lady mentioned, the universal credit childcare element, which will cover 85% of eligible childcare costs from April next year. Let me emphasise again to the Committee that no matter how few hours parents work, they will have their costs covered—that is 85%.

[Emily Thornberry]

rose—

[Priti Patel]

I will not give way. That is expected to help about 500,000 additional families at a cost of £350 million a year—that cost is specific to the universal credit childcare element.

On top of that, parents will have the option to claim tax-free childcare, which will help up to 1.8 million families, who will be able to benefit by up to £2,000 per child per year, or £4,000 for disabled children. We have also secured additional funding to allow jobcentre work coaches to address barriers to employment and to support moves into work. The extra funding may be used in a variety of ways to pay for travel and childcare, to enable parents, such as lone parents, to undertake training, attend interviews or start work.

We recognise that we have to continue to do more, but—just to put this on the record—this Government has a proud record on childcare provision, in particular in the previous Parliament, when we increased the start-up grants to increase childcare supply in the marketplace. That totalled up to £2 million available to people to set up new childcare businesses. We now have about 32,000 good or outstanding childcare minders who have been supported and are now eligible through early education funding. We have made it simpler and easier for schools and childcare providers to work together to increase the amount of childcare available on school sites. Last week, we made the announcement of wraparound childcare. We have also legislated for the creation of childminder agencies, which will improve the support available for childminders and parents. We have simplified the framework so that nurseries may expand more easily.

On top of that, the Government are spending in excess of £5 billion in the childcare market, which is important first to increase the sufficiency of supply, and secondly to focus on quality. The quality continues to improve, with 85% of providers declared good or outstanding by Ofsted, which compares with 70% in 2010. The qualifications of early-years staff continued to improve in 2014. The National Day Nurseries Association reported that 88% of settings that it surveyed employed a graduate, up from 80%, and that 87% of staff had good A-level equivalent qualifications. Now we have the early-years foundation stage profile results for 2013-14, which show an 8 percentage point increase in the number of children reaching a good level of development by the age of five. That also applies to children from disadvantaged backgrounds.

It is fair to say, therefore, that we are not embarrassed at all. It is pretty sad to hear the Opposition, although they are entitled to their views, portray the Government as not doing enough on childcare and not supporting working families on childcare—

[Priti Patel]

I will not give way. The Opposition are completely wrong. The hon. Member for Islington South and Finsbury mentioned the childcare taskforce, which has been set up by the Prime Minister across the Department for Work and Pensions and the Department for Education. We are working with a wide variety of stakeholders, including childcare providers and the third sector—they are members of the taskforce. The Childcare Bill places a statutory duty on local authorities to publish information on childcare and other services available to parents locally, ensuring transparency for parents.

Importantly, funding was mentioned. Of course, funding continues to be one of the areas where more work is taking place in Government. A funding consultation is taking place, led by the Department for Education. Of course, we are working with the DFE. We made great progress in the last Parliament to increase parental employment, particularly with lone parents. The number of children in workless households has decreased.

Obviously, there is more we can do. We will continue to ensure that we provide affordable and appropriate childcare in the right settings, and that the availability is there. The Government firmly believe that we need to do more rather than less to support parents with young children to prepare for work. Childcare is one of those vital strands. Ultimately, it helps to improve children’s life chances as well. The clauses, together with our substantial investment in childcare, support that ambition. That is why I urge hon. Members to withdraw the amendment.

[Emily Thornberry]

I thank the Minister for her response. If I had been allowed to intervene, I would have asked her whether she could help us on a specific point, which is probably important. The commitment is to childcare once parents are working, but for many parents, particularly if we are talking about parents of a very young child, to be able to find work, it may well be that children will need to have childcare—from the 20 hours, or whatever the commitment is—so that their parents can apply for jobs, go to interviews, fill in CVs and do voluntary work to prepare for work. Will there be any childcare available for parents who are looking for work, particularly when their children are young? If she is not able to answer me today, could she write to me about that, because I am not clear from her earlier answer whether she covered that matter or not?

Welfare Reform and Work Bill (Sixth sitting)

Debate between Emily Thornberry and Priti Patel

Thursday 17th September 2015 Public Bill Committees

[Emily Thornberry]

Yes, there was an opportunity when we heard evidence. We asked the Government for evidence. We asked them again and again. I have tabled several parliamentary questions and have not had particularly good answers. We have asked questions in the House about their justification and evidence, and we got nowhere. If there is an opportunity, it would be great finally to hear from the think-tanks, which I know the Government are close to—at least some of them—and for them to come forward and give us the evidence on which the policy is based.

I was struck that, while hyperbole was in good measure, we had no evidence. We had people coming in again and again telling us the occasional story. It is as though the policy is based on the one family that was found living in Westminster with the flatscreen television and a Mercedes outside, or whatever the extraordinary example was. That is so removed from the reality of the day-to-day lives of people who are affected today by previous benefit caps and will be affected even more by further benefit caps.

The best way to make policy is on the basis of evidence. For that reason, the Labour party has made it clear what our position now is. We oppose the Tories’ reduction in the benefit cap, so we will therefore be joining the Scottish Nationalists on amendments 25 and 26. We will review Labour policy with regard to the principle of the benefit cap and we will look at evidence. It is right to say that Labour Members who represent London constituencies feel that week after week in our surgeries we see an awful lot of evidence of the adverse effect of the benefit cap and how it does not provide an incentive to get people into work, how it does not save money, and how, more than anything else, it is not fair.

We want in the next few months to put forward a good body of evidence to show, one way or the other, whether a benefit cap is right on any basis. For that reason, although we oppose the lowering of the benefit cap now, we have committed ourselves to looking carefully into the evidence, and we encourage people, including the Government, to come forward and share the evidence with us. If the Government want to give us the evidence on which they are basing this appalling policy—this cruel and nasty policy—I would be very glad to hear it and very glad to read it.

More than political whimsy is needed. If we must have a cap, we should at least make it clear that there should be an objective benchmark by which the level should be determined. I will therefore press amendment 71 to a vote.

[The Minister for Employment (Priti Patel)]

Good afternoon to everyone. These grouped amendments, in simple terms, are intended to counteract the changes that we are introducing to the benefit cap, as we have already heard. Amendment 25 would prevent the proposed reduction in its rate. Amendments 26 and 27 would prevent our plans to introduce a tiered structure to the cap, which will have different rates for claimants living in Greater London and for claimants living elsewhere. The two amendments would also keep the cap at its current rate with the same split between the level for lone parents and couples and the level for single people without children.

Amendment 71 would prevent us from establishing a new mechanism for reviewing the future level for the cap by maintaining the current link with average earnings. Amendment 38 is a more technical amendment that appears to attempt to direct future parliamentary procedures for introducing regulations for the cap. I will come to that amendment later. The cap was introduced in 2013 at the level of £26,000 a year with a lower rate of £18,200 a year for single people without children. Currently, the cap remains at that level.

The hon. Member for Islington South and Finsbury has mentioned why the Government introduced the cap, but I will remind the Committee that it was introduced because it was felt—and is felt—that it was not fair for out-of-work households to receive considerably more in benefits than many working households earn. That view is shared by many people across the country, with around 70% of the public supporting a cap. The cap is also a key part of the overall plan to reform not only the structure of welfare benefits but attitudes towards welfare benefits, and it was introduced to increase incentives to work and to promote fairness to those on benefits and those in work. At the time, as we recall, we were trying to address the bigger economic issues of the deficit.

[Priti Patel]

This is part of the wider welfare reforms. The Government are supporting people who are sick and ill. Depending on their health conditions, they are receiving support in welfare.

[Emily Thornberry]

Taking that a little further, would the Minister be prepared to accept that people on employment and support allowance, who are therefore deemed not fit to work, ought to be exempted from the benefit cap if it is her policy to support those who cannot work?

[Priti Patel]

The hon. Lady will be perfectly aware that people who are very ill, particularly those in the support group, are supported by the Government through many, many welfare measures. That covers a range of conditions.

--- Later in debate ---

[Priti Patel]

Actually, we have been very clear about safeguards for vulnerable people. [Interruption.] We have. Perhaps this is just a fault line between our two political parties, as the hon. Member for Islington South and Finsbury has already said, and the Opposition intend to vote against this come what may, but we made it very clear that protecting the vulnerable is one of the key principles of our welfare reforms. [Interruption.] I appreciate that Opposition Members want to comment from a sedentary position, but there seems to be a huge area of difference between our two parties. One of the key principles of our welfare reforms is that we will put in place safeguards to protect the most vulnerable. There will be a range of measures, including discretionary housing payments, but it is wrong just to assume that we are deliberately not looking after vulnerable people when we clearly are.

[Emily Thornberry]

To get to the nub of the matter, perhaps the Prime Minister put it as well as it could be put at Prime Minister’s questions:

“I say that a family that chooses not to work should not be better off than one that chooses to work.”—[Official Report, 16 September 2015; Vol. 599, c. 1039.]

Is that the essence of the Minister’s position?

[Priti Patel]

This Government and the previous coalition Government have been clear that many of our welfare reforms include the principle of fairness, to which incentivising work is absolutely crucial. However, this comes back to a number of principles relating to welfare reforms and not just the benefit cap. It is right that the Government do the right thing and seek to support people who are long-term unemployed to help them get closer to the labour market, while, at the same time, supporting those who are unable to work for a variety of conditions, and that is exactly the safety net that the welfare state provides.

[Emily Thornberry]

The central difficulty facing the Minister is that the vast majority of people who are affected by the benefit cap are not those in families who choose not to work. Those on jobseeker’s allowance who do not take up a reasonable offer get sanctioned already under current legislation. For that reason, I hope that, when we get to the next group and I press amendment 68—I will now call that the “David Cameron” amendment, because it encapsulates David Cameron’s position—all hon. Members will vote for it.

--- Later in debate ---

[Priti Patel]

I will have to come back to the hon. Gentleman on that point.

The exemptions best support the cap’s aims of increasing incentives to work and promoting fairness while ensuring that the vulnerable remain supported. The welfare reforms that we have discussed thus far in Committee are about transforming life chances and promoting fairness and opportunity.

Amendment 104 would introduce three new exemptions from the benefit cap. The explanatory statement that accompanied the amendment explains that its purpose is:

“To provide that the benefit cap does not apply to benefit claimants who will find it most difficult to enter work.”

The first exemption that the amendment would introduce is for persons

“responsible for the care of a child aged below 2”.

A blanket description that couples with children are those who find it most difficult to enter work is inappropriate. The vast majority of capped households who have found work include parents who have managed to balance their caring responsibilities with work, as millions of working households already do. By going out to work, parents are helping to improve their children’s life chances and are showing them the importance of a strong work ethic, reinforcing the principle that work is the best way out of poverty.

Turning to lone parents with young children, at whom I think this amendment is most likely addressed, we believe that work is the best route out of poverty for households. Children can have their life chances and opportunities damaged by living in households in which no one has worked for years and in which no one considers work as an option. Lone parents need only enter work at 16 hours a week to become eligible for working tax credits and so become exempt from the cap.

We already provide support to parents for the cost of childcare, which we are extending to help working parents further. The 30 hours of free childcare is just one measure, but there are many others, not least tax-free childcare, which will provide a great deal of support, in particular for families on universal credit, who will be able to claim back 70% of childcare costs. On funding for childcare rates, a Government funding review is currently under way, led by the Department for Education, so more is taking place in this area. Parents who receive help with childcare costs through working tax credits are exempt from the cap and childcare costs paid through UC are excluded from the cap. Since the cap was introduced in April 2013, nearly 8,500 lone parents have moved into work and started claiming working tax credits. In 2014, around 1.25 million lone parents were in employment in the UK.

The second exemption that the amendment would introduce is for people in receipt of carer’s allowance in respect of someone who is in receipt of disability living allowance, personal independence payment or attendance allowance with whom they are not living. We all acknowledge the important role that carers provide, but we do not accept that carers are unable to work. Although seeking work is not a condition for receiving carer’s allowance, many carers are nevertheless able to and combine work with caring responsibilities. Figures from February this year show that around 760,000 working-age claimants were receiving carer’s allowance. Of those, around 75,000 reported that they were doing work at some point while making their claim. It would therefore be inappropriate to introduce an exemption specifically on the grounds that somebody is in receipt of carer’s allowance. However, the vast majority—94%—of households in receipt of carer’s allowance who have a benefit income above the cap level are exempt from the cap, mainly because the person they care for is in the same household and is in receipt of an exempting disability-related benefit.

[Emily Thornberry]

If so few households are affected and if the justification is fairness—although I am not sure about that—why not allow the exemption? If it would save money, because it relates to so little money, why not exempt such people?

[Priti Patel]

I will carry on. I may pick up some of the points made later.

The final part of the amendment would exempt those living in temporary accommodation following an incident of domestic abuse. The effects of domestic abuse are awful and traumatic; no one could ever argue to the contrary. That is why we have introduced a series of measures to support those who have been subject to domestic abuse, including easements for prescribed periods of time from any requirements to look for or take work. We have special provisions within the cap to help those who have had to flee their homes and seek sanctuary in refuges.

Before the cap was implemented, we amended the regulations so that any housing support paid for people living in what was then termed exempt accommodation should be excluded from the cap. When concerns were raised that the definition of exempt accommodation was too narrow, we amended regulations to ensure that housing support paid to those living in a refuge, for example, as a consequence of domestic abuse would also be covered by the exclusion.

Amendment 67 would require an exemption for those living in temporary accommodation. We do not agree that the best way to help people in temporary accommodation is merely to exempt them from the benefit cap. We believe that the best way is to support people to overcome the barriers and issues that they might face, including the barriers to work. We cannot see why we would want to exclude all households in temporary accommodation from the positive effects of support to get back to work.

[Emily Thornberry]

Surely the best and in fact the only way of helping people out of temporary accommodation is to build more housing.

[Priti Patel]

I support the hon. Lady’s comment. That is exactly what the Government’s policy is, and we are doing so.

Although we recognise that rents in temporary accommodation can be high, local authorities have a duty under homelessness legislation to provide suitable, affordable accommodation where the applicant is deemed to be in priority need. Before the cap was implemented, we amended regulations so that any housing support paid for people living in what was termed exempt accommodation should be excluded from the cap. When concerns were raised that the definition was too narrow, we further amended regulations to ensure that housing support paid to those living in refuges would be covered by the exclusion.

Amendment 69 would exempt those in receipt of carer’s allowance. I have already set out the reasons why we do not think the exemption would be appropriate. The amendment also exempts those on employment and support allowance. As I have said, we have already exempted those on ESA who are in receipt of the support component, recognising that they have particular health conditions and are far removed from the labour market and less likely to be able to increase their income.

As discussed—I think that all Members have commented—the benefit cap is a work incentive. Those in the work-related activity group of employment and support allowance have been assessed and are being supported into work, which we believe is right. More recently, we have announced a funding package of up to £100 million a year in the Budget to provide the right incentives and support to enable those with limited capability but some potential to prepare for work. That relates to those within the work-related activity component of ESA.

We are currently in the latter stages of re-assessing recipients of severe disablement allowance and incapacity benefit who are below pension age to see whether they are entitled to employment support allowance and qualify for the work-related activity group or the support group. Those reforms will ensure that such individuals are supported in their engagement with the labour market, or given whatever support they need. More than 1.4 million of those on incapacity benefits have started the reassessment process since it began, and almost 750,000 of them are being supported to prepare or look for work as a result of the ESA process.

Amendment 72 is consequential on amendment 69, to which I have just spoken. The amendment would omit carer’s allowance, employment and support allowance, incapacity benefit, income support and severe disablement allowance from the list of welfare benefits. I have set out why we do not think that that is appropriate; I return to the principles of the benefit cap.

Amendment 70 relates to exempting those in receipt of universal credit without any work requirements. Before addressing this amendment, I remind Committee members that there is an exemption from the cap for those who are entitled to the universal credit limited capability for work or work-related activity element whose health conditions mean that they are further from the labour market and less able to increase their income through work.

--- Later in debate ---

[Emily Thornberry]

I would like to talk to amendment 76, but in doing so perhaps offer a critique of the SNP’s amendments. The important thing is that there is a difference between the amendments that have been tabled so far, which would exclude groups, so that if someone is in receipt of a particular benefit, the group would be excluded, but if a particular benefit is to be excluded from the benefit cap, the cap could still hit that group in any event. Let me explain a little better. Take, for example, the bereavement allowance to be excluded from the benefit cap. It would not mean excluding that group because if someone who was bereaved had other benefits that took them on to the other side of the benefit cap, they would still be affected by the cap, despite the bereavement allowance. For my party, it is important to look at the groups as opposed to the benefits. I will throw that into relief in relation to housing benefit.

The housing benefit amendment has been tabled as a probing amendment, but in truth the reason that the cap is even considered is because of the high cost of housing. So if any benefit was to be excluded from the benefit cap, it would be housing. It is housing that causes the so-called trouble. Some people have large families. The Government want to push the benefit gap down even further, but the issue is not even about large families. It can be families that need only two or three bedrooms in some areas, and there will not be a single area in the country that will not be affected by the benefit cap, because of the amount of money that housing costs. So if any benefit were to be excluded, it should be housing benefit, because that is the essence of the costs. If we look at fairness, it really is not the fault of someone who has a larger family who needs to live in a two, three or four-bedroom flat, or someone who lives in a more expensive area. Housing costs could be taken out of the equation when it comes to benefit caps.

The Government are always saying it is not fair for someone on benefits to be receiving more than the average earnings, but of course it is not they who get the money; it is their landlords. It is because the landlords want to be able to accept more money from the state that the rents continue to go up. That is what the amendment highlights. In the end, we are talking about there not being enough affordable housing in this country, either in London or across the country. The benefit caps that have been introduced so far have adversely affected London and large families within London, but the new benefit cap suggested in the Bill of £23,000 or £21,000 will affect families throughout the entire country.

I refer the Committee to the evidence that was given to us by Shelter, I believe. Shelter said that under the new cap a family with four children would be unable to find a home with the number of bedrooms that they need anywhere in England. That is important—nowhere in England without hitting the benefit cap.

The size of the shortfall is also remarkable. The cheapest place to rent the four-bedroom home that the family would need is Bradford, where a home at the lower end of the market costs £123 a week. Even there, a family would face a shortfall of £81 a week. The problem is not only a London one. The way in which the Government are going about introducing the benefit cap and pushing it down and down will affect families throughout the country, including in the constituencies of Conservative Members.

The issue is important. Some people might have been tempted to think that there are Londoners who believe that they should continue to live in London, even though house prices are going up, and that frankly we should leave it to the Russian oligarchs to live in central London and the rest of us ought to move somewhere else. The truth, however, is that there will be nowhere else in the country where a family can live without being affected by the benefit cap—unless we take housing costs out of the cap.

If we take housing costs out and look at the needs of families, we might find that there would not be the same regional variation as we have at the moment. The reason for the variation is the varying housing costs, so the amendment probes that issue. Perhaps the Government will consider the kernel of truth, that the poorest people in this country are being penalised by the Bill and the benefit cap for something that is not their fault; frankly, it is the fault of generations of politicians, Labour and Conservative, who have not built enough affordable housing. It is not the fault of those in my constituency with a family of two living in private rented accommodation that prices are so high. It is not the fault of the family of four in Bradford that house prices will be on the other side of the cap. It is our fault for not ensuring sufficient affordable housing.

I know that the Minister will get up and tell us that the Government are building lots of affordable housing—well get on and build it! Once they have built it, they will not need to have the benefit cap, because people will be able to live on reasonable amounts of money, which will save the country a great deal of money. The time was when Governments used to spend, for every £10 spent on building homes, £1 on benefits that would assist people to live. Now the whole thing is tipped on to its head, so that for every £1 we spend on building homes, we spend £10 on housing benefit.

The answer could be, “Let’s just cut housing benefit! Let’s not let people have enough money to pay rent.” We could do it that way, but that would be draconian, inhumane, cruel and wrong. The other way to do it would be to spend the money on building affordable homes—truly large amounts of affordable homes. We need radical solutions for such a profound problem. The solution is not to turn on the poorest and most marginalised people in this country; the solution is to build more affordable homes and to go for it. If the Government were to do that, they would have the complete support of the Opposition. That is true affordable homes, not the nonsense affordable homes dreamt up for the Greater London Authority by the Mayor of London, with 80% market rent somehow or other an affordable home. We want real affordable homes that cost a reasonable amount of money and that people can genuinely afford to live in.

That in essence is the solution to the problem and what is highlighted in the amendment. I ask the Minister to address herself to the issue raised by the amendment.

[Priti Patel]

I will not run through the various exemptions called for in the amendments. I will come on to housing shortly, because I will basically rerun some of the points that have been made previously.

The amendments would omit various welfare benefits from those that are currently within the benefit cap. We believe that the current exemptions are the best ones to support our aims of increasing incentives to work and fairness, and to support the most vulnerable.

In our last sitting, we spoke about support for carers and about carers balancing the needs of their care and work responsibilities. I appreciate that the hon. Lady has called for a wide range of amendments to omit child benefit, child tax credit and guardian’s allowance from the benefit cap.

[Emily Thornberry]

I have a question for the Minister and I would be grateful if she were able to answer it, perhaps with the assistance of her officials. I believe she said that many carers combine work with caring responsibilities, but people can claim carer’s allowance only if their caring responsibilities take up more than 35 hours a week. To work enough hours to exempt themselves from the cap, they would need effectively to work 51 hours a week. If that is right, does she accept that that would be an inappropriate amount of time for people to be working in order to be exempted from the cap?

[Priti Patel]

I put that in the context of the some of the other benefits within the household, which would therefore exempt the carer from the benefit cap.

The hon. Lady calls for a range of exemptions. She will not be surprised—I made the point on the previous group of amendments—that we believe that, to incentivise work, the cap does not apply to those households in receipt of working tax credits. We outlined a range of exemptions in the last sitting when we discussed the previous group of amendments.

The hon. Lady touched on the only area on which there is a degree of consensus on the Bill and in the debate: the role of housing. She spoke to amendment 76, which would remove housing benefit from the benefit cap. I understand it to mean not that households in receipt of housing benefit would be exempt from the cap, but that their housing benefit payment would be disregarded from the calculation of the total household benefits to which they are subject. The removal of housing benefit from the benefits that are subject to the cap would simply undermine the principle of the cap.

[Emily Thornberry]

Exactly.

[Priti Patel]

As the hon. Lady and other hon. Members know, housing benefit is usually the single largest benefit, therefore the cap would no longer have the intended effect of limiting high levels of total benefits.

In addition, the amendment does not refer to housing costs in relation to universal credit. It would therefore mean different treatment for households in receipt of housing benefit and those on universal credit, which is surely not the intention. The inclusion of housing benefit in the cap is specific to the principles of the cap. Obviously the Government support it through discretionary housing payments, for example. As we discussed earlier, there is now more funding for those payments. As I said, we have announced additional funding that will continue, with £800 million being made available for discretionary housing payments over the next five years. Given that, it would not be right to exclude housing benefit from the cap.

The hon. Lady was right—I am going to make the point that more is being done on building homes. That is not for the Bill, because it is not for the Department for Work and Pensions, but building homes is about the Government working with local authorities to focus on doing more in that space. There is no doubt that we all want more affordable housing. The Government have so far committed £38 billion of both public and private investment to help to ensure that 275,000 new affordable homes are built between now and 2020.

The hon. Lady pointed out that we need to get on with it. That is exactly what we are committed to do. I ask local authorities to work with us to achieve that common aim. That is fundamental to supporting people not just in respect of housing need, but in respect of giving them a quality of life. That is right and proper. It is also fundamental to dealing with the issues of rent, housing costs in general and homes standards, which have also been aired in the debate.

Because we have touched on many of the exemptions in debates on previous clauses, I will not rehearse them. Given that we have a vast number of exemptions from the benefit cap, it would not be appropriate or right to extend them to the exemptions proposed in this group of amendments, so I urge hon. Members not to press them.

--- Later in debate ---

[Emily Thornberry]

Amendment 12 would leave out the provision that the benefit cap should be reviewed in each Parliament and instead state that it should be reviewed each year. The reason for that is obvious. We hear from the Government all the time about how well they are doing, how many people are getting into work and how well the economy is doing. If all of that is true, the level of inflation may well go up. For that reason, it seems entirely reasonable, responsible and fair to review the benefit cap every year. There has been a tradition of benefits being reviewed every year. The amendment would be consistent with what has been settled practice in terms of fairness in the past. If the benefit cap really is about fairness, surely there should be no problem with ensuring that the benefit cap is reviewed each year instead of in each Parliament.

That brings me to new clause 1, which states that the Secretary of State must report to Parliament by 31 March 2017 on the impact of the benefit cap reductions introduced in the Bill and that the report must include an assessment of the impact on each measure of child poverty, as defined by the Child Poverty Act 2010. That takes us back to the mantra that Ministers will hear throughout the parliamentary debate on this Bill, which is evidence, evidence, evidence. Not prejudice, not Daily Mail headlines but evidence.

If the alleged high-minded principles behind the Bill are a true ambition, the Government will not be frightened of an assessment to ensure that they are not being cruel, or randomly dishing out unfairness, but are truly pursuing the policies they claim to be trying to promote. If they are truly confident that their ambitions will be fulfilled as a result of the Bill, they will not run away from new clause 1 but embrace it. As they come up to the next general election, they will want to say, “Thanks to the Labour party, we have been able to measure the real success of our Bill. We have not been unfair on anyone. Everyone is back in work. Look at the way in which the streets of London flow with milk and honey.” Indeed, we will support them, and applaud them, if what they say they want to do really happens, but we will not know what has happened, other than from the weeping people coming into our surgeries, if we do not measure it properly.

The Government have resources to measure this properly, so why run away? Why not go ahead and measure the so-called success that will result from the Bill? If the Government are not prepared to measure it, those watching the debate will know that the reason they do not want to measure it is because they know what is really going to happen: the poor are going to get poorer. The Government are picking on the poorest in order to pay off the deficit, which is unfair.

[Priti Patel]

This group contains two proposals. As we have heard, amendment 12 would introduce a requirement for the Secretary of State to review the level of the benefit cap annually, and new clause 1 would require the Secretary of State to publish and lay before Parliament a report on the impact of the changes.

On amendment 12, the Bill requires the Secretary of State to review the level of the cap at least once in every Parliament, but it also provides him with powers to review the benefit cap at any other time he considers appropriate. That provides the most effective means of ensuring that the cap stays at the appropriate level while providing the stability that households on benefits require. The cap’s current provisions require the level to be reviewed annually, but that is specifically to review the relationship with average earnings, on which the level of the current cap is based. To date, there has been no need to change the level of the cap following those annual reviews.

Earlier, we touched on some of the evidence showing that households affected by the cap are 41% more likely to go into work. Our provisions already include powers allowing the Secretary of State, if appropriate, to review the cap at any time in the Parliament, which means that the Government will not be constrained from reviewing the cap, particularly in light of any significant economic events. The clause, as drafted, will therefore provide a sufficient safeguard, and the level of the cap remains at the appropriate level.

On new clause 1, during the passage of the Welfare Reform Act 2012, the Government committed to a full evaluation of the benefit cap to explore its effectiveness. The then Minister with responsibility for employment announced that DWP would publish a review of the cap after its first year of operation. The review was published in December 2014 and explored the progress from policy development to implementation and delivery. The report evaluated the effectiveness of three specific aims that underpinned the introduction of the benefit cap. These were to focus on work incentives, introduce greater fairness and, of course, to make the system more affordable by encouraging positive support for individuals who needed it, particularly in getting back to work.

The cap has been in place for about two years, and evidence shows that it has been successful. We intend to build on that success. Since its introduction, more than 16,000 capped households have moved into work. As I mentioned, capped households are more likely to go into work than those that are uncapped. This has been achieved without a legislative requirement for reports and evaluations. We do not feel that it is necessary to commit in legislation to delivering any future evaluations. We have not decided on approaches yet but, as before, an evaluation of the new cap would be most appropriate after implementation, when we can see the cap’s full effect and the behavioural changes it causes, and they can be reviewed accordingly.

The Government’s record on providing a review of the cap should be recognised. Also, a number of independently commissioned pieces of research and analysis, peer reviewed by a range of organisations, has been published. That, with the introduction of the life chances measures, means that, contrary to what is suggested in the amendment, we do not need legislation to report on the impact of the benefit cap. I urge the hon. Member for Islington South and Finsbury to withdraw the amendment.

--- Later in debate ---

[Priti Patel]

The clause introduces new provisions for how the Secretary of State should review the level of the cap in future and what factors he needs to take into account when undertaking such a review. The Bill prescribes that, when reviewing the level of the benefit cap, the Secretary of State must take into account the national economic situation. It also allows him to take into account any other matter he might consider relevant. The amendments would introduce a number of additional specific factors that the Secretary of State would have to take into account when undertaking that review.

On amendment 94, in the course of the debate we touched on specific aspects of support for disabled people and carers. We are mindful of the impacts of policies on those vulnerable groups, and I outlined some of the support in particular that the welfare system continues to provide to protect the poorest and most vulnerable members of society. I remind the Committee that there are exemptions from the cap for households where there is a claimant in receipt of DLA, PIP, attendance allowance or the support component of ESA. I will follow up some of the points made by the hon. Member for Bermondsey and Old Southwark and drop him a line.

Amendment 73 would require the Secretary of State, when reviewing the level of the benefit cap, to take into account the national economic situation and add average earnings, regional variations and the cost of housing. It would also omit the provision that allows him to take into account any other matters that he considers relevant. I think it is fair to say that the proposed powers drawn up are broad, but we do not think it is possible to stipulate in advance the specific economic factors and developments most suitable to set the appropriate level for the cap at the time the review is undertaken.

[Emily Thornberry]

The Minister admits that the powers are broad and, therefore, presumably she will concede that it is difficult for us to hold the Government to account for what they are doing. In those circumstances, it is difficult for us to be clear. For anyone who may wish to scrutinise this legislation in future, when we as Members of Parliament were scrutinising this legislation, we were unaware and not told in which circumstances the Secretary of State would change the benefit cap. I want to spell that out, because people will read the transcript and we want to be completely clear in case this matter is to go before the courts.

[Priti Patel]

The hon. Lady specifically mentions the benefit cap in relation to going to the courts. The Supreme Court has confirmed that the benefit cap is lawful. With regard to work required on reporting the benefit cap, the cap has been reviewed annually since its introduction as per current legislation, and those reviews found that no change was required. Obviously, a review of the national economic situation must be thorough, and regular annual reviews could result in the cap being unduly affected by a range of short-term economic fluctuations. At worst, that could lead to significant variations and cap yo-yoing, which would provide no stability for those in receipt of benefits and those who rely on that income in particular. There will be occasions when economic developments mean that a review of the cap must be undertaken more than once in a Parliament. We have seen considerable changes in recent years through changes to the economy as a whole.

Comments were made about the Social Security Advisory Committee, the long-standing and respected body that has provided an independent voice for many years and many detailed and informed reports on matters across the broad spectrum of welfare and social security. The Government value many of its opinions and the work that it undertakes. The committee already has well-established engagement with a full range of stakeholders with interests in this area on welfare reforms and it ensures that any advice that it provides encompasses a broad range of views. Obviously, we place a great deal of value on the work of the committee, but we do not necessarily think that it is right that in undertaking a review of the level of the cap, the Secretary of State has a statutory requirement to take account of the report of the committee, or that it is appropriate for the Secretary of State to be bound to consult an individual body when reviewing the cap.

Welfare Reform and Work Bill (Fifth sitting)

Debate between Emily Thornberry and Priti Patel

Thursday 17th September 2015 Public Bill Committees

[Priti Patel]

Work remains the best route out of poverty. We know that children in workless families are around three times as likely to be in relative low-income as children in families—

[Emily Thornberry]

rose—

[Priti Patel]

I will give way to the hon. Lady.

[Emily Thornberry]

The Minister is an intelligent woman and I am sure she knows what we are saying, but let me try just once more. The Government may assert that work is the best way out of poverty and may be the best way for a child to be healthy. They can assert what they want. We are asking for evidence. If a family are working, which could possibly mean two hours a week on a zero-hours contract with the children remaining in poverty, what we, the country and I am sure the Government want—if they want to do something about improving the life chances of the poorest and most marginal children—is to measure that. Let us look at some evidence so that we can have evidence-based policy as opposed to assertions made by the Government.

[Priti Patel]

Let me just put things into context. It is not a case of Government assertions. We are committed to reporting and have stated our commitment, in relation to earlier clauses, to report annually to the House of Commons. Perhaps the hon. Lady will allow me to get on to some of my other points about education and life chances. There is clearly a duty and obligation to report and my Department and the Government as a whole will do so in relation to various aspects of the matter. Despite the Labour party’s bluster it does not recognise root causes in addressing poverty and it fails to recognise that work remains the best route out of it. Only the Government have a committed strategy to look at life chances to overcome many of the root causes of poverty, which previous Labour Governments completely ignored.

--- Later in debate ---

[Priti Patel]

The Department for Work and Pensions will, as I said, continue to publish low income statistics as part of the households below average income report, including statistics on children living in low-income households.

Amendments 78 and 79 would expand the statutory measures to include educational attainment for disadvantaged children at key stages 1, 2, 3 and 4. The amendments seem to underline the significance already placed by the Government on education as an indicator of future life chances, but we do not think it necessary to add those additional measures. Good education, as the Committee fully recognises—points have been made to that effect—is the bedrock on which to promote individuals’ future successes and life chances. At the heart of that we are determined to promote social justice, with the commitment that every child, regardless of background, will be extended opportunities allowing them to fulfil their potential. Raising the educational attainment of all children will increase their capacity to shape their own futures, reducing the risk of future unemployment.

[Emily Thornberry]

The point about measuring only key stage 4, as my hon. Friend the Member for Bermondsey and Old Southwark said, is that the Government will be measuring achievement possibly made under a Labour Government. If there were to be a change of policy that had an adverse impact on children’s educational attainment, the Government would not be measuring it for many years, and any difficulties might therefore not be addressed until it is too late for an entire generation.

[Priti Patel]

I disagree with the hon. Lady. The Department for Education already publishes a great deal of data on how well pupils are doing by the end of primary school, in addition to how well disadvantaged pupils are doing at school. It is therefore wrong to make the assumption that there are no data and that the assessments come in at the end. Of course, key stage 4 is a vital point in a young person’s education. It represents the culmination of primary and secondary school and provides a consistent point at which to measure attainment across all young people. Successful attainment at key stage 4 underpins future life chances, and pupils who fail to achieve at the end of stage 4 are highly at risk of becoming NEET—not in education, employment or training. Other educational data are published by the Department for Education, so we do not believe that the proposed measure would add sufficient value to warrant inclusion in the life chances measures.

[Emily Thornberry]

I am sure the Minister understands the essential contradiction in what she is saying. If the Department for Education is publishing data for key stage 4, why does her Department need to publish it? If her Department is publishing data for key stage 4, why not for all the others? Why do we not get everything published all together so that we get a proper picture of any failure that might be about to happen as a result of Government measures? What are the Government afraid of?

[Priti Patel]

With respect, the hon. Lady misses the point. The data are published already across Government, so that information is in the public domain.

--- Later in debate ---

[Priti Patel]

I come back to the point that information is already being published. The hon. Lady is welcome to engage with the Department for Education to look at the data and to see how they inform the development of the Bill and the decision that we are taking.

[Emily Thornberry]

Does not the Minister appreciate that the way in which she is approaching the problem highlights just how much the Department for Work and Pensions is giving up on the idea of showing child poverty? Essentially, she has told us that, if we want to have a look at the impact of child poverty, we are to go to the Department for Education. What is the point of the Department for Work and Pensions in relation to the issue?

Welfare Reform and Work Bill (Fourth sitting)

Debate between Emily Thornberry and Priti Patel

Tuesday 15th September 2015 Public Bill Committees

[Priti Patel]

I take the completely opposite view to the hon. Lady. Achieving full employment is a bold ambition, which I think all right hon. and hon. Members would support, and, quite frankly, it should be a great aspiration for our nation.

It is right that everyone who can work should work and it is worth touching on the fact that many of the welfare reforms not just in this Bill but in the previous Parliament have been put in place to support people to get closer to the labour market, into work and, in particular, to sustain long-term employment. It is right that everyone who can work should work and, through measures such as universal credit, we are ensuring that work always pays.

It is a mission of this one nation Government not just to help working people to achieve security and have a long and fulfilling career, but to support and assist them in getting closer to the labour market. That is exactly what the Department for Work and Pensions is doing through many of our employment programmes. If we look at the number of vacancies in the labour market, which stands at more than 700,000, and the fact that employment has been increasing—full-time employment is up since 2010—and youth unemployment has been going down, we see that more and more people are in work and sustained employment. That should be welcomed.

[Emily Thornberry]

Of course, to avoid the benefit cap, people have to work 16 hours a week. As I understand it, there is an incentive, therefore, for people to get into work for 16 hours a week. Might that give us an inkling about how the Government define full employment? To work less than that meant that someone was not fully employed, so there was a need for a benefit cap to give them the incentive to work 16 hours. Does that help with the definition of full employment?

[Priti Patel]

With regards to the benefit cap, I remind hon. Members about the fundamental principle behind why it was brought in: there was to be a maximum level to the amount of out-of-work benefit that the Government would pay to households. The cap is a simple matter of fairness to families who make difficult choices every day about going out to work, taking up employment, where they live and how they will support themselves.

It is exactly right that that principle applies to households in receipt of benefits so that there is a strong incentive to take up sustained work and reduce long-term welfare dependency. That is absolutely our focus through universal credit, and progress towards full employment means that the UK needs to be the best place in the world to create a job—[Interruption.]

--- Later in debate ---

[Priti Patel]

The report, which, as clause 1 outlines, must be produced annually, is to illustrate progress towards full employment across the UK. It demonstrates the Government’s clear aspirations and ambition to achieve the highest level of employment in the G7.

[Emily Thornberry]

Will the Minister give way?

[Priti Patel]

I am going to carry on where I left off.

There are many ways to support full employment and sustain people in employment. I touched on our work across Government. The Department for Work and Pensions has a big network of 700 Jobcentre Plus offices and work coaches who work with claimants to prepare them to look for work.

--- Later in debate ---

[Priti Patel]

I will give way shortly.

[Emily Thornberry]

Will the Minister give way to me too?

[Priti Patel]

If the hon. Lady is patient and lets me make my remarks, I will give way to her. Producing an annual report illustrating progress towards full employment across the UK demonstrates the Government’s clear intention and commitment to building a strong economy, working with businesses and ensuring that the labour market has opportunities for all, regardless of geography and where in the United Kingdom someone lives.

We will use the first annual report to set out the conceptual framework for full employment and the measures that will be used to monitor progress against that aim. We believe that the best route to full employment is through extending the opportunity to work, supporting people so that they are able to work and supporting them in accessing the labour market. I will give way and then I will come back to some points I made earlier.

[Emily Thornberry]

I am most terribly grateful to the Minister. Might she be able to assist us with an important point? There is a phrase that she has used many times, and many other Ministers use it too, but I have never really quite understood it and I wonder what the Government mean by it. What do the Government mean by “work”? Do they mean 20 minutes a week? Does that mean that someone works? The Minister also talks about sustained employment. Again, I would be grateful if she could give us a definition of that. I do not mind if she does not answer immediately if she needs some further guidance but I would like an answer.

Welfare Reform and Work Bill (Second sitting)

Debate between Emily Thornberry and Priti Patel

Thursday 10th September 2015 Public Bill Committees

[The Minister for Employment (Priti Patel)]

Q 23 Kirsty, you have touched on a broad range of themes, in particular on the Work programme and ESA. I know from discussions within the Department and, you will be aware, with Work programme providers, that this is a challenging area but one that we are ambitious about. Do you have any learnings or thoughts from the providers that your organisation represents? For ESA claimants in particular, what are those game-changing interventions? What else do you think the Government could focus on in terms of spending for support—bringing people closer to the labour market but, importantly, helping them to continue their journey of long-term sustained employment, not just getting them into work? What kind of health interventions could we look into? Do you have any insight or experience of seeing fruitful outcomes?

Kirsty McHugh: We did a piece of work for the Department bringing together a range of our members looking at ESA. We have actually done that more than once over the course of the past few years, as you can imagine. We have a lot of the big disability charities in membership—last year it was two-thirds not-for-profit—but we also have all the Work programme primes and Work Choice primes. A lot of the best practice comes from the other programmes, not just the Work programme.

The big thing is staff skills and confidence. For somebody who is presenting to them, it is them knowing about that right mix of support and challenge as a front-line adviser. They may have been out of work for 11 or 12 years so their confidence is on the floor. They have a huge gap in their CV and the mindset is not there in terms of, “I want to work and I can work.” Often, the providers say that once you switch that mindset it is almost job done.

How do you get to that attitudinal change so that people feel really positive about themselves and want to change their lives and those of their families and communities? It takes a while. It is about one-to-one relationships with front-line staff—none of this is rocket science. It is about long-term relationships and trust. Therefore, lower case load is really important for people with disability and health conditions. There has been a lot of investment in cognitive behavioural therapy-type approaches and talking support. Group therapy seems to work very well. There is never one magic bullet. A lot of this will be quite familiar to you. The good adviser will have a personalised referral to a range of different services in that area but staff skills are more important than anything else.

It is then about selling in—a horrible term—that individual to an employer. If somebody has a big gap in their work history, that can be quite an ask of an employer. Therefore, getting them work experience, or something that fills the hole in the CV that proves to them and to the employer that maybe they are a bit less of a risk, is really important. We know a lot now about the prevalence of mental health difficulties, which often co-exist with other physical conditions. It is often not just one condition. Often, the barrier to work is not health but the fact that they have got a lack of work history and a lack of skills.

I think there is a good consensus between the officials and the sector about what has worked and what has not worked and what we want to do going forward. As I said, there is quite a lot of evidence that the sustainment rates for people on ESA who get into work are high. What we definitely need to do is bring more money up front, which then means the specialist providers, charities and so on can do more up front with that individual and maybe we will have less on sustainment payments than we have currently. It is not about increasing the overall unit cost but about remodelling it.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

Q 24 You gave a long, interesting and detailed answer to the question asked, which is essentially about how we get people on ESA into work. You have not said—I wonder if you overlooked this—that it might be an incentive and make it more likely for those on ESA in the support group to get into work if their benefits are cut by £36.20 a week, which is what is said in the Bill.

Kirsty McHugh: You are talking about the work-related activity group changes at this point in time. Again, to be up front, we are concerned about that. One of the issues is that if somebody has been through the work capability assessment and they have been put into WRAG, often they appeal. When they are going through the appeal, they are not actually engaging with the Work programme or Work Choice or whatever they have been put on. We have got to get to the stage where, actually, it is a really positive thing for somebody to think, “Work is an option for me.” If they are worried about their benefit levels, often that can get in the way of having that discussion. I understand that there are macro issues that the Government are facing in relation to that and we do not know quite what the impact of the measure will be at this point in time, but it is a concern.

Welfare Reform and Work Bill (First sitting)

Debate between Emily Thornberry and Priti Patel

Thursday 10th September 2015 Public Bill Committees

[Emily Thornberry]

Q 4 I have one more question. One aim of this Bill is to lower the level of the household benefit cap. The Government are arguing that they should cut benefits in such a way as to provide an incentive for people to go into work, but they define work as being 16 hours a week. Surely we cannot have a definition of employment from the Government in the Bill saying that it is 16 hours a week, and yet measure employment as one hour a week. Do you see the inconsistency?

Marcus Mason: Yes; to be honest, there are lots of ways that you can probably refine these figures. There are lots of people who work fewer hours than the average working week, for lots of different reasons. They do not all fall in the category of people who want to work more, although I totally accept that underemployment is a big issue and increasing numbers of people would like to work more but are underemployed. It is important to pick that up in narrative reports, but once again, we think that the headline figures should focus on the unemployment rates and probably the employment rates as well.

[The Minister for Employment (Priti Patel)]

Q 5 I have a question for both Marcus and Rebecca. You have already touched on the point about people who are inactive, and incentivising work, which are important factors. What are your views on how the Government can work closely with employers, businesses and other organisations to drive employment and incentivise work, particularly with those who are the furthest away from the labour market?

Rebecca Plant: I do not think it is so much the hard-to-reach people. If you break up what I describe as the talent pipeline of people going into work, it is more about the middle, or what I call the lost generation of people; they are doing okay and have okay grades, but the question is what is going to happen to them. The NEET end of the market is really quite well catered for in terms of what they can do. A-level, natural routes into university and degree apprenticeships are fantastically catered for.

The million dollar question is how you get employers closer to the wealth of talent that exists. There are so many organisations and ways for employers to do it. For example, the National Apprenticeship Service is trying to bring employers online. For employers, you have to take a step back at times, because you do not actually know what route to take. In my opinion there needs to be a simplification of how employers engage with young people. Schools sometimes block that, because they are saying, “Hold on, I have too many people trying to talk to my young people.” As for parents, oh my goodness! But sometimes they still do not know the right route, so how do you get really clear, concise messages across to the people you are trying to attract? There is still a lot of work to do on that.

Marcus Mason: When thinking about those furthest away from the jobs market, one of the constant refrains we hear from our members is that they feel that the quality of the interaction with the jobcentre is often not there. Some jobcentres operate fantastic programmes and are very good at working with businesses, but in some cases our members feel that jobcentre staff can be driven by their internal metrics, and that can lead to some businesses being bombarded with applicants who are not relevant or who perhaps do not even want that particular job. Reforming jobcentres to make them more responsive to businesses needs is something that needs to be looked at.

As for the entry-level side of the equation, youth unemployment is still three times higher than average unemployment. In a narrative report that the Secretary of State would make, that might be something to highlight—how are we closing the gap between the two? The Government can encourage businesses and schools to start working together much more proactively on that. Of course, the careers company might go some way in doing that, but ultimately there needs to be much more incentive from the school side to reach out to businesses, and to promote apprenticeships and not just vocational pathways.

Similarly, we accept that businesses can do more. In one of our recent surveys we asked what they thought was the most important thing for a young person going into work; 80% of businesses said work experience, but fewer than 50% offer it. We are quite happy to challenge business as well in this space. We accept that both on the education side and on the business side, more can be done to provide pupils with work experience and the right skills for them to progress into the workplace.

Oral Answers to Questions

Debate between Emily Thornberry and Priti Patel

Monday 7th September 2015 Commons Chamber

[Emily Thornberry (Islington South and Finsbury) (Lab)]

1. What information his Department holds on the number of people in the work-related activity group who have long-term deteriorating health conditions.

[The Minister for Employment (Priti Patel)]

There is no common medical definition as to what constitutes a long-term deteriorating health condition so no data on this are held within Government. The Department will be publishing data on the number of claimants on employment and support allowance with progressive conditions on Thursday.

[Emily Thornberry]

The answer is, according to the Work and Pensions Committee, about 8,000.

Ministers seem to have discovered remarkable healing powers over the summer break. They believe cutting benefits will help people in the work-related group who have been assessed and deemed as being unable to work to suddenly find work. It will give them an incentive, we are told. These are people who have deteriorating conditions such as Parkinson’s and MS which medical experts have said mean they will never be able to work. Which medical condition would the Minister deem might be cured by cutting benefits by £30 a week?

[Priti Patel]

On the contrary, this Government believe in supporting people who are able to work to get back closer to the labour market, and the Government spend about £350 million a year on employment support for those with conditions, in particular disability. I think all Members will be pleased to know that the Budget has also provided new funding from April 2017 for additional support for claimants with limited capability for work, but importantly the principle here is that those who can work and are able to work are supported by this Government in getting closer to the labour market, and we are supporting them through our jobcentres and the initiatives we have across government.

Budget Resolutions and Economic Situation

Debate between Emily Thornberry and Priti Patel

Friday 20th March 2015 Commons Chamber

[The Exchequer Secretary to the Treasury (Priti Patel)]

I pay tribute to all right hon. and hon. Friends and Members who have spoken in this debate. Some of them have spoken for the last time, and we should note their distinguished service. Their contributions will be missed in the next Parliament. I will particularly miss their wisdom and guidance

This is a Budget that rewards hard work, cuts taxes for millions of people and empowers families and businesses. It gives people more incentives to save and greater choice over how they spend their savings and pensions. It is a Budget based on a long-term economic plan that is working. It is a plan that is growing our economy and providing a better future for our country; that has given more people the chance to get on in life, with record numbers of people in employment; and that is providing more security for the long term, with the deficit down and our national debt starting to fall as a share of the economy.

Five years ago, our economy had suffered a collapse greater than that seen in almost any other country. Today, alongside jobs, growth, new business start-ups, new housing zones, enterprise zones, support for savers and for people who aspire to own their own homes, we have lower inequality, child poverty down, pensioner poverty down to record lows, the gender pay gap smaller than ever, and the number of students from disadvantaged backgrounds at university at a record high. The stability that we have put in place has taken Britain from austerity to prosperity.

Listening to the contributions of Opposition Members, I was struck by their complaining that the economic recovery is not taking place fast enough in their eyes. I have heard their message, but it was they who crashed the British economy. It was on their watch that the debt-fuelled economy was created, that manufacturing halved as a share of the national economy and that the gaps between the north and south and between the rich and the poor grew ever larger. Yet their complaint is consistent: the Government are not fixing their appalling legacy fast enough.

This afternoon, we have heard, from constituency to constituency—from Newcastle upon Tyne East to Croydon North to Blaenau Gwent to Luton South to Islington South and Finsbury to Poplar and Limehouse—from Labour Members who have opposed every single measure undertaken by this Government to put us back on the path to recovery. Let me respond to some of the points that have been made in this wide-ranging debate.

Housing came up consistently. Since 2010, more than 200,000 affordable homes have been delivered. Council house building starts are at their highest level in 23 years. In the year to December 2014, 250,000 new homes were granted planning permission. In London alone, £1.1 billion has been provided to the Greater London authority to deliver affordable housing zones. Labour Members may complain, but their complaints are actually a demonstration of the failure of Labour local authorities to deliver housing.

[Emily Thornberry]

Nonsense!

[Priti Patel]

Actually, it is not nonsense. It is a failure on the part of Labour.

[Emily Thornberry]

Will the hon. Lady tell us how many affordable homes the Mayor of London has built in Islington? I do not mean homes at 80% of market rent; I mean truly affordable homes that have been built by the Mayor of London in Islington. If she has that figure, she will realise that what she has been saying is nonsense.

[Priti Patel]

I will correct the hon. Lady. It is not nonsense. The money has gone to the Greater London authority to deliver affordable new homes. She said that the Help to Buy ISA would not help her constituents. It is projected to help 190,000 people in London buy their first home over the next five years. Of course, the average first-time buyer is a basic rate taxpayer.

We have heard complaints that the North East combined authority is not doing enough. Let us be clear: more people are employed in the north-east then ever before. We have heard about Croydon. There has been £7 million of funding in Croydon and the GLA is delivering 4,000 new homes and 10,000 new jobs. Those are positive and proactive measures that are transforming people’s lives.

When it comes to job creation and job growth—

Mental Health Homicide

Debate between Emily Thornberry and Priti Patel

Thursday 21st November 2013 Commons Chamber

[Emily Thornberry]

Mr Anabah’s first application was made only one year after sentencing, and each year the family face the prospect of yet another hearing. They are rightly outraged by this. They were also outraged when they learned that the purpose of the tribunal was simply to decide whether the offender was better.

The latest shocking development is that although the tribunal has so far refused to discharge Mr Anabah from hospital, he has managed to get escorted leave, allowing him out on to the streets, presumably of my constituency. It appears that he has had weekly leave between May and August, but the victim’s family were not notified. This is particularly worrying, because the victim’s mother still lives in my constituency. I am sure the Minister did not mean it, but I was misled on this point. He wrote to me on 13 June:

“In March of this year a request for permission for unescorted community leave was made by the Responsible Clinician. On behalf of the Secretary of State, officials in the Mental Health Casework Section refused permission for this leave on the grounds that Mr Anabah was not sufficiently engaged in his treatment plan and lacked insight into his illness, and that he posed a risk of abscond as a result of his immigration status and liability for deportation.”

We thought, therefore, that he was going to stay where he was. Instead, we learned that although he had not been out on unescorted leave, he had been out on escorted leave. That is wrong, and it is wrong that the family did not know it was happening.

Why should leave ever be appropriate in such a case? Surely hospital leave is intended to help patients shortly to be released. Why would a patient who has killed someone fewer than five years before be eligible for release, and how could a restricted foreign national patient with a recommendation for deportation also be eligible for release, or even be considered for release? The family do not understand that, and neither do my constituents.

Although Mr Anabah’s leave was suspended following my complaint, the Ilumoka family feel that it cannot be right that a man who killed their sister only five years ago is already permitted to be out in the community. They feel that changes should be made to how the criminal justice system works to ensure that any mentally disordered offender who kills cannot be released within only a few years of their crime.

The problem might well be the interpretation of section 45A of the Mental Health Act, which allows a judge to impose a hybrid hospital order/prison sentence, the scope of which was extended in 2008 to include all those with a mental disorder. It seems to me that this option should always be considered whenever the prosecution accepts a plea of guilty to manslaughter owing to diminished responsibility. Having read the judgment in this case, I am concerned that the judge might not have turned his mind to that section. Such an order would at least give a family some certainty that the person who killed their relative will not released in the near future if they make a speedy recovery from mental illness.

I have looked at the guidance for prosecutors of diminished responsibility manslaughter cases, and it seems that it is not as clear as it could be. The Minister knows it is the responsibility of prosecutors to give advice, if asked, to the judge about their sentencing powers. One would hope, therefore, that section 45A would have a prominent place in the guidance, but it does not. The guidance does not mention the possibility of a mixed order. Indeed, it refers to an earlier case when such an order was not an option. This must be changed. I recommend that reference be made to a more recent case, such as the Court of Appeal’s decision in the Cooper case in 2010. I simply suggest that we change the guidance to prosecutors.

However, it goes further than that, because judges also rely on guidelines from the Sentencing Council. Again, there are no sentencing guidelines specifically about this issue. No such cases are included in the Sentencing Council’s case compendium, which sets out sentencing options for manslaughter by reason of diminished responsibility with reference to older cases, but not the latest cases. Therefore, the option of the mixed sentence is not foremost in judges’ minds when making decisions. I accept that additional guidelines from the Ministry of Justice would be available, but they are not in the main guide that a judge would have when sentencing an individual.

[Priti Patel (Witham) (Con)]

I have met the hon. Lady’s constituents, Yemi and her siblings, through my all-party group on victims and witnesses of crime when I published my recent report. Their case is distressing—indeed, it is absolutely harrowing—but it is worth putting it on record that it also shows the challenge we face in supporting victims in such cases. The system needs to support them when they go through such trauma and also give them clarity and certainty about sentencing and how the judgment is reached.

[Emily Thornberry]

I thank the hon. Lady for her intervention. I know that the family greatly appreciate the support she has given them and other victims through her all-party group. While we are putting matters on the record, it is only right to say that 90% of homicides are not perpetrated by people with mental illness. Indeed, the number of homicides perpetrated by people with mental illness is going down, as are all homicides. However, for the tiny minority of cases where the perpetrator is suffering from a mental illness, we need to ensure that the sentencing guidelines and the law are tight and clear, so that families such as the Ilumoka family do not face, frankly, the injustice and uncertainty that they are currently facing.

I would like to touch briefly on the broader issues raised by this case. It is clear that if Mr Anabah had not been mentally ill, he would have been given a life sentence for killing Abiodun Ilumoka and her unborn child, and when he reached the end of his sentence he would have been detained pending deportation, alongside other foreign nationals who had committed crimes. The disparity between a life sentence and deportation and escorted leave four years after sentencing is huge. I understand that other people who have killed while mentally ill have been freed in even shorter times. I can see why victims would feel that to be fundamentally unjust. The lack of information provided to victims about applications for hospital leave, coupled with the lack of opportunity for relatives to have an input into applications for release when cases come before the Mental Health Tribunal, must cause us all concern.

I appreciate that this is my personal view, but having had experience of such cases, I believe that judges should impose a minimum detention time in all cases where there is a homicide conviction. It appears that the power to impose a prison/hospital order already exists, but it needs to be more prominent, so that mentally ill offenders can have access to treatment and bereaved relatives can be provided with some certainty. Judges and prosecutors should be considering the victim when looking at sentencing. I hope that the Minister has taken on board the points I have raised today and that the family will see the changes they are campaigning for.