Holiday Pricing

Gordon Marsden Excerpts

Monday 24th February 2014 Westminster Hall

[Toby Perkins]

That is a valid question. A broader study would provide better information to establish whether that is the case. In July 2012, the Office of Fair Trading concluded a two-year investigation and found that two travel giants had struck deals with a hotel group to restrict smaller agents’ ability to offer discounted hotel rooms. Expedia admitted afterwards that it had

“engaged in cartel conduct in breach of the law”.

In 2013, a discount hotel site alleged that it was forced out of the market after attempting to undercut rivals by offering cheaper prices. There have been allegations of cartel-like activities, and those involved should be investigated and pursued rigorously. Only when we have open, competitive markets can consumers have faith in the prices that they are paying. That is important and entirely legitimate. At the same time, although we recognise that market forces exist, we do not say, “There is never anything to look at”, in the context of whether those markets are being fairly operated. We stand absolutely resolutely on the side of consumers and would be willing to investigate whether action is necessary to ensure that they get a fair deal in the travel market.

The abolition of the Office of Fair Trading, which would have looked at this issue, has highlighted the fact that a gap now exists. There is not another appropriate body that can do what the OFT did. The Competition and Markets Authority is focused on competition and not on outcomes for consumers, and therefore does not complete the same work. Does the Minister share my concerns about the lack of an appropriate body? Does she think that that makes it more likely that consumers will get a raw deal in future?

Other things can be done to support the tourism industry. We recognise that the issue is not only about tourism overseas, but very much about tourism here in the UK. We know that the VAT increase to 20% placed our tourist industry at a competitive disadvantage compared with many of our European competitors, and that the huge increase in business rates over the past three years has had a big impact on many small businesses in the hospitality and tourism industry.

[Mr Gordon Marsden (Blackpool South) (Lab)]

I apologise to my hon. Friend for missing the beginning of his speech, but I had a previous engagement. On the point he just made, does he agree that just as small travel businesses are disproportionately affected by some of those issues, particularly in terms of VAT, small businesses in the hotel and guest house industry can be as well? That is another facet of a complicated debate. I have had representations in my constituency from hoteliers and guest house owners who are concerned about the issue.

[Toby Perkins]

My hon. Friend makes the important point, exactly as one might expect of a Member of Parliament for Blackpool, that the tourism industry is not immune to what is happening in the wider economy. It struggles when people do not have money in their pockets. The industry recognises that people are facing a cost-of-living crisis, but it is also facing a cost-of-doing-business crisis and paying ever higher business rates and ever higher energy prices. That impacts on the prices that people have to charge to make a profit. My hon. Friend makes an important point, which fits in precisely with the one I was making.

To reinforce my hon. Friend’s point, I should say that many small hoteliers want to offer cheaper deals but are held back, not only because of the costs of doing business, but because their cash flows are impeded by large travel websites they supply to. My hon. Friend the Member for Streatham (Mr Umunna) has highlighted the totally outrageous way in which large organisations, effectively through being perpetrators of paying late, force small businesses to bankroll them. The issue of late payments is incredibly important and has a real impact on the tourism industry and the cost we end up paying as consumers.

The previous Labour Government created an interest rate penalty for large firms that delayed payment to their small suppliers. The next Labour Government will further tackle the issue of late payments, which will be very important to small businesses in the tourism industry here in the UK, and will hopefully also be part of easing that cost-of-doing-business crisis.

In conclusion, I strongly welcome this thoughtful, useful debate. We must ensure that markets are fair. We also have a responsibility in this place to respond when our constituents tell us that the Government’s policies are causing problems. In this debate, each of us has reflected on the difficult decisions that we face, between wanting to make sure that all children are in school for the maximum amount of time and recognising that people are feeling the pinch, that there is a cost-of-living crisis and that we need do all we can to help people, not exacerbate the problem.

Consumer Rights Bill

Gordon Marsden Excerpts

Tuesday 28th January 2014 Commons Chamber

[Vince Cable]

I will elaborate on that when I discuss digital measures. The hon. Gentleman is quite right: there are different consumer protection arrangements for the DVD—the physical equipment—and for content. The measures in the Bill specifically relate to how we strengthen protection on content.

The Bill was published in draft last summer and, as I have acknowledged, we are grateful for the feedback we received as a result of scrutiny, particularly by the Select Committee on Business, Innovation and Skills. Many of its recommendations are reflected in the Bill before the House, and I believe that it has been improved as a consequence of that scrutiny.

The first main measure in the Bill deals with goods, which are a critical part of the economy. There are roughly 350,000 retail businesses, but much of the law pertaining to this area is 30 to 40 years old. We have tackled the complexity that makes compliance burdensome for companies and confusing for consumers by setting out in one place the standards that have to be met. For example, we have defined a 30-day period within which goods have to be inspected. We have made it clear that, where consumers have a faulty item repaired or replaced, that repair or replacement must remedy the problem the first time round, or they can insist on some money back. Survey data show that all but 6% of faulty goods can be remedied the first time round, but we have embedded that in a clear set of rules.

We often hear, for example, about consumers trapped in a cycle of repairs that fail to fix a fault. Which? recently reported a case of a car owner who had fault after fault after fault, but he was consistently fobbed off with further repairs that failed each time to fix the fault. Under the Bill, that will not arise, as we will narrow down the obligations.

The hon. Member for Stoke-on-Trent South (Robert Flello) asked about digital content. There is a good deal of legal uncertainty about consumer rights in relation to digital content, which is unacceptable in a rapidly growing segment of the economy with a turnover of around £200 billion. That is why we have introduced a new category of digital content with a set of quality rights. As I said, we need a distinction between the way in which we protect content, which is intangible, and the way in which we protect goods, such as DVDs, which are tangible and are dealt with under the goods provision.

For example, many people now download music albums, but if one of the tracks is corrupted and will not play, it is not clear what they are entitled to. Under the Bill, they are entitled to a repair or replacement of the digital content and, if that does not fix the problem, they will get their money back. This is a complex matter, and we recognise that, in relation to complex software, for example, there are flaws—that is the nature of the business—but we have tried as far as possible to narrow down the areas of fault and consumer obligation. Clear digital rights are good, not just for consumers but for responsive businesses, particularly new market entrants—a key part of the industry—which will find it easier to attract customers, even if they are not an established brand, because they can establish a track record in consumer service underpinned by the legislation.

Another part of the Bill deals with consumer protection in relation to services. We know from reviews by the Law Commission that the law governing the provision of services is difficult to understand and, when things go wrong, there is no statutory redress regime to put them right. However, we are talking about 75% of the British economy. That is why the Bill provides new statutory rights and introduces new statutory remedies when things go wrong. There is a great deal of debate about the specifics: the Business, Innovation and Skills Committee has suggested a statutory quality right, which we looked at, but we found it too complex. We considered the evidence from Australia, and we are certainly happy to engage in further debate on the matter.

As an example of how the new rights would apply, we can look at the case of cowboy builders. Almost all of us have dealt with such cases in our constituencies, and they cause particular anger. A cowboy builder is doing domestic work and altering someone’s bathroom. They start the work, but there are problems, with debris strewn around the house and disruptions to the water supply. Currently, it is unclear what the householder is entitled to, and a lot of frustration flows from that. Under the Bill, there will be a statutory right to ask for a poorly performed service to be redone if possible. If it cannot be redone within a reasonable time or without significant inconvenience there is a right to money back. I stress the example of cowboy builders, as I think that the hon. Member for Walthamstow (Stella Creasy), who may well want to discuss this, issued a press release this morning in which she singled out cowboy builders and said that there was no reference to them in the Bill. In fact, these measures will improve significantly consumer protection in that area.

Another area in which the Bill introduces reform is unfair contract terms—essentially the small-print problem. Legal ambiguity arises from recent landmark court cases—the so-called banks case in particular—and our reforms endeavour to protect consumers from the small print while making it easier for businesses to understand how they can prevent contract terms from being challenged in court. In a typical example, someone joins a gym in January with a lot of enthusiasm, but they have not read or fully understood the details of the small print. When they cancel the contract in March, as many people do—I seem to remember cancelling my gym contract rather earlier in the year—they have to pay for a full year’s membership. Currently, it is not clear whether a court would find that unfair. Under our proposals, it is clear: a court can find it unfair, and if it is unfair the consumer is not bound by it.

The reforms endeavour to make clear what the courts can and cannot consider in assessing fairness. In particular, we make it a key test that price and subject matter in a contract need to be transparent and prominent—the operative word is “prominent”—to ensure that it cannot be challenged for fairness in court.

[Mr Gordon Marsden (Blackpool South) (Lab)]

I am interested and encouraged to hear that proposal, because I dealt with a constituency case in which a young man found himself with precisely the sort of problems that the Secretary of State has described. Does he agree that there is a role for local councils, if it is a local gym or other local body, and their consumer protection departments, which should intervene in these issues? Will he encourage local authorities to use their public protection departments in that way?

[Vince Cable]

Trading standards at a local level are extremely important. It is not a statutory obligation, and councils vary in their support for it, but it is absolutely crucial. This is where much of the enforcement action will be eventually taken. At national level, as the hon. Gentleman will know, we put £13 million a year into the National Trading Standards Board, which provides training support, for example, and helps trading standards authorities to co-ordinate activities. That is often required, because an abuse can occur across borough boundaries. He is absolutely right: local trading standards officers are crucial in implementing much of this legislation.

--- Later in debate ---

[Stella Creasy]

I hope that the hon. Gentleman is on the Public Bill Committee, because I would enjoy many such conversations with him. His interest in how widely consumer rights can be applied is legendary in this House and in the country. We need a fundamental understanding of where rights for consumers make a difference to our economy. We believe that the Bill needs to meet such a test, and I shall set that out today. I hope that I can make clear and compelling arguments about why the Bill should make a real change to people’s lives and redress the balance of power for consumers.

[Mr Marsden]

My hon. Friend has already proved herself to be a superb champion of consumer rights since entering the House in 2010. I am following what she is saying about the need for the Bill to go further. Does she agree that one real issue, particularly in my constituency of Blackpool South, is the amount of counterfeit goods that are regularly sold—worth tens of millions of pounds every year—and the crucial role of trading standards? Many trading standards bodies have been affected by the cuts in funding to local government. Does she agree that the Government need to look at supporting such bodies more centrally, especially in their role in relation to counterfeit goods?

[Stella Creasy]

I want to come on to precisely my hon. Friend’s question about trading standards, and about how to have stronger powers for consumers at local level, which is one issue that the Bill does not seem to understand or to address.

I am honoured that the Secretary of State made time this morning to read my article for PoliticsHome. I, too, took the time to read his speech last night, and I very much enjoyed his attempt to use Jedi mind tricks on the Government. In particular, he paraphrased one of my personal heroes, Obi-Wan Kenobi, in his attempt to claim that “This is not the recovery you are looking for”, which is recognition that consumers are bearing the burden of this Government’s economic policy as a result of their lopsided attempt to balance the budget. I am therefore glad that the Secretary of State has acknowledged that growth is being driven only by consumer spending, because many of us are concerned about the impact of that.

Although the Secretary of State celebrates the idea that consumers have dipped into savings that they hold for a rainy day, I have to tell him that he is mistaken to presume that they have done so only for long-term investments. His own Money Advice Service shows that a third of British people have no money put aside for rainy days, due to the everyday costs of living, and that those who have such savings have been forced to dip into them to cover those costs, with three quarters of the people surveyed having been hit by a bill that threw them off-budget in the course of the past year. Indeed, a third of people in our country who now have no savings at all have said that not having a high enough income is the problem causing them not to save. We agree that we should be extremely worried about an economy in which, every day, people get further and further into personal debt. We are also worried that when the Government are presented with an opportunity to do something about that, they stand aside. They talk strongly about national debt, but say nothing about personal debt.

I know that the Secretary of State will want to blame the Treasury for the National Audit Office’s damning indictment that Government failure to assess the impact on consumers of investment in infrastructure might lead to consumers facing financial hardship and unplanned taxpayer support being required. That damning report shows that Whitehall Departments are forgetting the needs of consumers, and therefore the cumulative impact of household bills. I know that some in the Government want to cast the Public Accounts Committee as the dark side, but I fear that consumers will feel the Sith inhabit the Treasury, not Committee Room 16. Why does the Secretary of State therefore not use the Bill to address that gap and to help such hard-pressed households, as well as to show that he gets the need to tackle the rip-off charges and broken markets in goods and services that they face?

Financial Services (Banking Reform) Bill

Gordon Marsden Excerpts

Wednesday 11th December 2013 Commons Chamber

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I have listened with interest to the Minister. May I first add my thanks to all the members of the Parliamentary Commission on Banking Standards, who have done us a great service in examining the issues in great detail? They include not only Members of this House but Members of the other place—the Archbishop of Canterbury, my noble Friend Lord McFall, Lord Turnbull and Lord Lawson. Other Members in the other place, including my noble Friends Lord Eatwell, Lord Mitchell and Baroness Hayter, have ensured that particular issues have been put on the agenda.

It would be remiss of me not to say a few words about how we have arrived where we are today—considering a vast number of Lords amendments at this stage. The concerns about that have been well rehearsed during discussion of the Bill and how it has been brought forward and considered. The Government commissioned the Parliamentary Commission on Banking Standards to ensure that recommendations could be added to the Bill, but we had a very thin Bill for Second Reading and in Committee. The commission recommended a three-month gap between the publication of the Bill and the commencement of the Committee stage, but the Government rejected that idea. Instead, this House had to consider the partial Bill before the final report on standards and culture had been published. It is pertinent to reflect on that, given some of the comments made by the Minister. Many of the issues that will be taken forward when the legislation is enacted will still depend on judgments being made and on getting the message across that the culture of banking, at whatever level, has to change. That would have been helped by further scrutiny at various points.

We must also remember that the Government’s response to the commission’s report was published only three or four hours before we started considering the Bill on Report. We had 183 amendments tabled during the next stage of the Bill, and I wish to put on record our concerns about that method of legislation. The Bill is now three times bigger than the one that was originally introduced, and consideration of Lords amendments took place only a couple of days after Third Reading—again, without much opportunity to consider matters in detail.

[Mr Gordon Marsden (Blackpool South) (Lab)]

My hon. Friend is detailing, forensically and importantly, the logjam that this process has produced. Does she agree that if we had had longer, organisations and groups outside the House, which feel very strongly on these issues, would have had more opportunity to make representations? The Government’s failure to allow that, by tabling these amendments as they have done, has circumscribed the public process.

--- Later in debate ---

[Cathy Jamieson]

My hon. Friend makes another interesting point. She has already raised the likelihood of criminal proceedings, and in that context the Minister made comparisons with other legislation. I was concerned about the comparison with legislation on corporate manslaughter, which my hon. Friend obviously knows a considerable amount about. We have to ensure that definitions are as tight as possible, so that things do not slip through the net at a later stage. I hope the Minister will be able to provide clarity on those concerns.

We wish to ensure that Lords amendment 41, on professional standards, stays in the Bill. Earlier this year, the Government committed to implementing the main recommendations of the Parliamentary Commission on Banking Standards. Those recommendations included the creation of the new criminal offence of reckless misconduct by senior bankers. We want to ensure that that is as tight as possible. As the Minister outlined, the Government also agreed to introduce a new two-tier authorisation process for bank staff.

Our concern is that the Government have consistently failed to go far enough on the professional standards required of bankers. When the Bill was first introduced, Ministers resisted, on three separate occasions, Opposition attempts to put tougher professional standards in the Bill. Introducing the proposal at an early stage would have allowed us the opportunity to debate and finesse it, if required. At that stage, we included proposals for an annual health check on senior bankers. Indeed, Labour first pushed for a licensing regime with an annual validation of competence during the Committee stage of the Financial Services Bill in March 2012, so we have been pressing this case for a lengthy period of time.

Lords amendment 41 states that there needs to be

“minimum thresholds of competence including integrity, professional qualifications, continuous professional development and adherence to a recognised code of conduct.”

The recognised code of conduct is important. The then Minister, the hon. Member for Fareham (Mr Hoban), opposed the amendment, saying:

“I…argue very strongly that the amendment is not necessary. In fact, it could have unintended consequences.”––[Official Report, Financial Services Public Bill Committee, 1 March 2012; c. 235.]

I cannot recall what those unintended consequences he feared were. Given that the Government have now seen fit to change their view, I am sure they no longer have those concerns.

A similar amendment was tabled again in April 2013 to this Bill and once again it was voted down by the Government. We on this side of the House never give up: if we think something is the right thing to do, we will come back and come back again. We tabled the same amendment again in July 2013, and again the Government failed to support it. We tabled the amendments because we believe that the persons we are talking about must have adequate standards of competence and integrity. The debate on managing the process and legislating for it may seem technical, but it is important for people in the real world to know that we are trying to introduce reforms. There has been a degree of discussion across the House, and I accept that, but people need to know that we are trying to introduce reforms that complement the attempts to change the culture of the banking sector.

[Mr Marsden]

I am listening carefully to my hon. Friend as she lists the specific attempts that we on this side of the House have made to bring this into clear sight for the Government. Is it not worrying that the Government seem to have reacted as though we need do something only when the deathwatch beetle in these financial institutions has done its work and we need only press on the institution for it to collapse into powder? Unless we press the Government, there will be no mechanism to examine the process.

Cost of Living

Gordon Marsden Excerpts

Wednesday 27th November 2013 Commons Chamber

[Sajid Javid]

I will speak on exports in more detail shortly. I am not sure that Scottish independence would help the record on exports.

Under this Government, Labour’s record budget deficit is down by a third, confidence and investment is on the rise, and the economy has turned a corner. The UK is growing faster than any other developed economy, including the US, Germany and Japan. Just last week, while downgrading global growth the OECD revised up UK growth by more than any other developed country. That growth is spread broadly across all sectors of the economy. Recent survey data show that construction is at its strongest level in six years and that activity in the services sector has not been this strong since 1997. New orders in manufacturing have risen to their highest level since 1995, according to the CBI.

[Mr Gordon Marsden (Blackpool South) (Lab)]

The Financial Secretary is taking pains to show that there is a long-term economic plan. What sort of plan is it when the number of young people on jobseeker’s allowance has gone up by 174% in a year? He and his colleagues have failed to provide 19 to 24-year-olds in traineeships with any funding to continue, JSA or otherwise.

[Sajid Javid]

I can tell the hon. Gentleman how our plan is panning out. Under the previous Government, he saw a 91% increase in unemployment in his constituency. Unemployment in his constituency is down by 7% under this Government. Youth unemployment is down by 24%. Rather than making cheap political points, he would do well to welcome the economic improvement in his constituency.

Employment and Support Allowance (Blackpool South)

Gordon Marsden Excerpts

Wednesday 5th September 2012 Westminster Hall

[Mr Gordon Marsden (Blackpool South) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I welcome the Minister to his new role.

There is a paradox, in that the reason why many people move to seaside towns—this is not only about those who have lived there all their lives—is to retire, get well, and improve their physical lives but, sadly, illness and physical circumstances do not always permit that. That is the paradox in Blackpool, where the numbers of older people and those with disabilities are larger than average. Many of the disabilities and conditions are fluctuating and transient, and such transience adds to the mental and physical issues that people face.

I want to discuss what my office and I have seen of the experience of claimants who have been transferred from incapacity benefit and other benefits to the new employment and support allowance. In particular, decisions have been made about whether people go into a support group or a work-related activity group. In recent months, we have observed a gradual build-up of people bringing cases to us. There have sometimes been between three to five a week over several months, and as that has happened, I, and people from disability groups across Blackpool, have become more worried.

The concerns have related to the nature of the medical examinations, inaccurate recording and inconsistencies of judgment. Sometimes, they have been about the overall principle of the Atos assessments and what can be described only as a tick-box culture. Only half an hour ago, Advice Link in Blackpool e-mailed me to say that it was giving out advice that the ESA50 form that the claimant receives and the scoring system used by decision makers do not add up. We have seen particular problems with people who have had their Motability taken away.

It is important that I stress the nature of the conditions faced by those who have come to us. Many have chronic illnesses or deep-rooted mental problems, and a number have had degenerative conditions that, by all modern standards, are incurable. I was alarmed and concerned that two or three of the cases involved medical professionals employed by Atos whose methods and judgment we had expressed concerns about three to four years earlier. On that occasion, the Department admitted that they were inadequate.

I want to press the Minister about Atos. Who does it employ? What balance is struck between Atos and the decision maker? Research shows that the majority of decision makers do not feel that they can question much of what has been said. A research summary from the Department for Work and Pensions said:

“Some felt that they still had the ability to reach their own decision over borderline cases”,

but others felt very limited. They

“felt they had been expressly told that they could not make a decision that ran contrary to the Atos advice without securing Atos agreement to do this”,

which they had found that Atos was unwilling or unlikely to supply. What happens when the appeals process takes place, and what happens in the meantime?

One of my constituents suffers from osteoporosis of the spine, fibromyalgia, spondylosis and partial deafness. Following a medical by Atos last November, her disability living allowance claim was disallowed, which also impacted on her husband’s claim for carer’s allowance. My constituent submitted a request for reconsideration but less than 24 hours later, the decision maker rejected it, confirming the original decision. What capacity did the decision maker have to make a considered judgment on that assessment?

I stress the problems about changes to Motability. The rules now say that the Motability component has been altered, with a movement from six months to four weeks for the removal of a vehicle. That was introduced with scant publicity. I have already referred to the swiftness with which the decision makers rejected my constituent’s request, but the real problem, right across the piece, is the time that appeals now take. My constituent was told that it could be at least six months before her appeal was heard.

Another constituent, Mr L, said that his jobcentre adviser was putting him in touch with his mental health worker, but that the process had been undermined by two consecutive medicals. My constituent says, “The adviser bangs his head on the wall. His hands are tied because of the rules that the DWP are using.”

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

I recognise much of what the hon. Gentleman is saying, but will he clarify whether he supports the overall principle of reassessing the claims, or is he merely seeking to draw attention to inadequacies in the implementation?

[Mr Marsden]

I thank my constituency neighbour for that question. I do not think that the two questions are separate. The inadequacy with which some of these issues are treated inevitably casts light on the strength or otherwise of the process. If the hon. Gentleman is asking whether I am in favour of disabled people being given every opportunity to expand their capabilities and to work if that is proportionately possible, the answer is an unqualified yes—and that would be the case for most hon. Members—but that issue is not under discussion today.

The Minister also needs to think about the effects on the families and carers of people who are knocked back. One of my constituents, a lone parent of two sons in their teens, one of whom has Asperger’s, was knocked back last month. My constituent says, “Two days before being admitted after a series of operations on my shoulder, I received a letter to inform me of the results of the medical I had to attend with Atos, saying that I was fit for work and that my claim for ESA had ended from yesterday. Both my sons live with me, but my housing benefit will stop because my ESA claim has ended. I don’t want to be claiming benefits. I would rather be back working, but with the pain I am in, I am unable to do that.” I have already mentioned what happens to the income of the carers of partners judged fit for work.

Another claimant who was knocked back, who had had long-term depression, wrote to say, “Is there any way you could possibly have the appeal process speeded up? I have been told it could take up to eight months. I feel so lost and powerless.”

The stress falls not just on the person with a disability, but on the partner, particularly when, as a number of my constituents have told me, they were discouraged from going to the assessment because of the restrictions of the venue. That is a denial of human rights, as well as, practically, a very silly thing to do.

Another constituent with chronic pain has been through this revolving door and says, “I am now mentally preparing myself for the fact I will have to take my case to a tribunal. I have been without any payment from DWP since April and although my partner has taken on extra duties during the lunch hour, we still cannot meet our outgoings—full-time hours where she works will not be available.” That is the reality of these people’s lives in Blackpool; it is the reality of the work process there.

Ministers and officials needs to address some fundamental questions. Leaving aside the individual inadequacies of the Atos process, what are the jobs for which these people are alleged to be fit? How much will it cost the Government and the taxpayer to support them properly in those jobs and, in particular, given some of the new Government restrictions on working tax credit, will they ever be able to earn from them a living wage? I have already said that I fully support proportionate and fully rounded initiatives to enable such people to use their abilities, and I feel strongly about that, having had a mother disabled by osteoporosis for 25 years. However, there is a balance to be struck.

Yesterday, in my local newspaper, The Blackpool Gazette, in a piece written by the feature writer Jacqui Morley, the wife of one of the constituents who had come to me, who is a gentleman with a severe degenerative condition akin to motor neurone disease, said that her husband’s former bosses had moved heaven and earth to keep him until he had realised that he was taking more than he was giving. She said that unless the Government were prepared to give disabled people all the support they need—in her husband’s case, certain facilities, personal assistants, and aids and equipment that cost a fortune—this is just a tick-box exercise about integration, not real inclusion. The system also dictates that the man will have to go through the process again in three years’ time to be reassessed on that progressive degenerative condition.

Alan Reid, who manages Disability First, our Blackpool disability information service, has commented that many people in the town who are genuinely in need are being dumped by these assessments. He says, “They come to us desperate and, in some cases, suicidal.”

Some of these concerns were raised during pilots of the process—indeed, disability group representatives in the Blackpool area took part in those pilots—so it is not entirely surprising that some of the problems have come to pass. I strongly stress that there is a sense of waste and people saying, “Working for what?”

The same constituent’s wife who was quoted in the Gazette put her finger on the problem in the letter that she wrote to the decision maker at Jobcentre Plus. When talking about the test, she said that the question should be about to what end people could press a button and use a keyboard and mouse, and whether they could do so at a speed—and without the need for continued support—that would facilitate meaningful input and a financially viable outcome such that their employment could be sustained by an employer. Surely that should be one of the elements considered in the process.

I have cited all those examples in the context of Blackpool, but the truth, of course, is that this is a country-wide issue. That is why various disability groups, such as the disability benefits consortium, the Royal National Institute of Blind People, Parkinson’s UK and Scope, have all raised serious doubts. The DBC has said that the work-capability assessment is poor at identifying disabled people’s needs.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on illustrating very clearly the position in Blackpool South. He is right to say that the situation is replicated across the whole country. Does he feel that when it comes to ESA appeals and the medical evidence that is used, there should be direct contact with the GP and consultant as a matter of course? That is not always the case, but if it happened, there would be better knowledge of the person’s medical condition for the tribunal and the appeal.

[Mr Marsden]

I thank the hon. Gentleman for his intervention. He leads me to the series of recommendations that the disability benefits consortium makes in that area. They include the fact that evidence is not routinely gathered from the health-care professionals who know the claimant best, such as consultants and nurses; that evidence is often ignored. I accept that that cannot be the sole deciding factor, but it certainly seems ludicrous that it should be excluded entirely. The other side of the coin, as I have mentioned in relation to an individual we had concerns about in Blackpool, is that some of the health-care professionals who carry out the process that we are discussing have limited knowledge of complex or uncommon conditions.

The DBC also discussed the issue of people with long-term degenerative conditions, especially progressive forms of multiple sclerosis, being reassessed far too frequently. Even people in the support group are being reassessed very regularly. Of course, there has been the revelation—this was subject to freedom of information—that more than 1,000 people died shortly after their work capability assessment. That does not take into account the others who died shortly before.

Those mistakes—they are mistakes—must not be replicated when personal independence payments are introduced in 2013. It is no surprise that disability organisations have expressed concern about that. I want to quote just a couple. Mr Ford, chief executive of Parkinson’s UK, has said:

“It is hugely concerning to see that Atos have been given the green light for the Personal Independence Payment contract.”

He says that its assessments

“have led to many people being forced to appeal against decisions that are plainly wrong. How can someone with Parkinson’s—a progressive neurological condition—have an assessment report that implies they will be ready for work again in six, 12 or 18 months?”

Others have written in the same vein.

The concerns in this area have been emphasised by the sheer complacency and smugness—I use the words advisedly—with which Atos has responded in relation to these processes. I received, as no doubt have other hon. Members in the north-west, a very bland letter from its general manager that told me that it had been awarded the contract for the north-west of England. It said:

“Engagement with MPs and the wider stakeholder community was an important element of our successful bid”.

As far as engagement with MPs is concerned, I am not aware that it ever engaged with me in any way, shape or form whatever. As far as the wider stakeholder community is concerned, it may well have engaged with them. That stakeholder community expressed concerns and reservations, most of which it completely ignored. The British Medical Association has also expressed serious concerns in this area.

Blackpool offers a sample what is going on nationally. It may be a particularly strong sample, for the demographic reasons that I have described, but it is a sample. The comments made in yesterday’s debate by my hon. Friend the Member for Rutherglen and Hamilton West (Tom Greatrex) and others showed the depth of concern in the House about the process. My hon. Friend the Member for Birmingham, Northfield (Richard Burden) put his finger on it when he talked about “a weird revolving door”: people get assessments, question them and wait ages for an appeal. He said that they

“may or may not win the appeal, but by the time the appeal comes up, they have had another assessment and…they go through”

another

“revolving door”.—[Official Report, 4 September 2012; Vol. 549, c. 19WH.]

My hon. Friend the Member for Aberdeen South (Dame Anne Begg) who, as most Members will know, knows a great deal about such things, not least through her chairmanship of the Select Committee on Work and Pensions, said that she did not think that this

“Government have grasped how disastrous the ESA assessment system is…In too many cases, genuine claimants are not scoring any points in their initial assessment. There is something fundamentally wrong with the system and the contract that Atos is delivering.” —[Official Report, 4 September 2012; Vol. 549, c. 27-28WH.]

The Minister and his officials could and should take notice of the proposals on the table, not least those from the DBC. They should think about proactively gathering relevant written evidence, about reassessing it only when changes in circumstances are likely and ensure that there is an appropriate assessment venue for the full range of disabled people. Atos decision-makers should be trained in a wide range of conditions and share their reports and observational evidence with claimants. The supreme irony in all of this is that the storm is gathering during the Paralympics. Atos is one of the sponsors of the Paralympics. I will leave others to judge the appropriateness of that, but as Prime Minister’s questions demonstrated today, it is a major issue.

I have already welcomed the Minister to his position. He has come from the Treasury, and is, I am afraid, inheriting this mess. I do not envy him. I urge him to reflect not only on what I have told him about the situation in Blackpool and the individual miseries of the affected constituents who have come to me, but on what so many organisations are telling him. It is rare that Ministers are given the opportunity to have an open mind and open the books—normally, it is only at the beginning of their tenure. I ask him to look at what the RNIB and the DBC have said. I urge him to consider whether the Select Committee on Health and others should not look at the quality of some of the doctors; at empowering decision-markers; and at seriously re-examining the target-based approach, considering a qualitative, not only a quantitative, approach.

The Minister should be in no doubt that if he does not address the problems, that will be on his head, and on his reputation—the fiasco will indelibly imprint itself on his record. Seventy years ago, the great parliamentarian, Nye Bevan, laid down the principle that Ministers should not allow outsourced officialdom to play with or ruin people’s lives without a source of redress. The buck very much rests with the Minister.

[The Minister of State, Department for Work and Pensions (Mr Mark Hoban)]

I congratulate the hon. Member for Blackpool South (Mr Marsden) on securing the debate. I sense that this might not be the last debate that I will have deal with on this matter. I assure him that we are committed to continuously improving the work capability assessment and appeals processes.

Many people with disabilities or health conditions want to work, which is why our reforms distinguish between those who are able to work, those who could work at some point with the right support, and those who cannot work due to health-related problems. The WCA is crucial in ensuring that those people are identified properly. We believe that the principles of the assessment are right, but the system we inherited from the previous Government contains flaws that undermine its effectiveness.

The hon. Gentleman is right: new Governments have an opportunity to make changes. We have made changes. We inherited a flawed system, which we are reforming to ensure that we get it right. We have moved swiftly to put things right, and have worked closely with a wide range of organisations to do so. We are trying to identify where claimants need additional support to prepare for work and ensure that they receive it as part of the ESA work-related activity group.

We have a statutory commitment to review the WCA for the first five years of its implementation. In June 2010, we appointed Professor Malcolm Harrington—a highly respected occupational physician—to undertake independent reviews of the assessment. He has completed two reviews and is currently undertaking the third. Those reviews set out a series of recommendations for improving the assessment. We fully endorsed the recommendations and are committed to making the changes as quickly as possible. For example, we have improved the standards and consistency of decision making through additional training of Atos employees and the better use of evidence. The hon. Gentleman made a point about communicating the findings of assessments to claimants. We have improved the way in which we do that, by providing personalised statements that summarise the key points of the assessment and by ensuring that we implement the customer charter. We have also changed the claims process better to support the claimant at each step of the process and ensure that they understand what is required of them.

We are confident that the improvements we are making to the assessment following the reviews will ensure that we increase the number of decisions that are right first time and improve the service provided to claimants. In addition, we are working with the relevant charities to build an evidence base for changes to the mental function and fluctuating condition descriptors—known as the evidence-based review.

[Mr Marsden]

Will the Minister give way?

Jobs and Growth

Gordon Marsden Excerpts

Thursday 17th May 2012 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

One reason why there has been such a negative reaction to the Queen’s Speech, particularly from business, now that we are again in the midst of recession is the absence of measures to boost growth. There was a particularly exasperated reaction from the director general of the British Chambers of Commerce, which my right hon. Friend the Member for Morley and Outwood (Ed Balls) quoted at the beginning of the debate, straightforwardly accusing the Government of playing short-term politics instead of boosting the economy. A lot of people thought there would be a boost to the economy in this Queen’s Speech, but it simply was not there. The problem is that the Government’s policy has not delivered. We were told after the election that the policy being introduced would deliver a steady and sustained economic recovery with low inflation and falling unemployment. Unfortunately, that simply has not happened. The shadow Chancellor and the former Chancellor, my right hon. Friend the Member for Edinburgh South West (Mr Darling), warned that the policy put the recovery at risk. They have been proved right and Ministers have been proved wrong.

There are other reasons for the Government’s dramatic loss of popularity, one of which is a sort of policy incoherence across government, with different Departments going in contradictory directions. Let me give an example: people receive tax credits only if they work more than a certain number of hours. The previous Government set the threshold at 16 hours per week, but the Minister who is winding up the debate has announced that when universal credit is introduced in October next year there will be no hours thresholds. Support will be available only for people working very few hours, and the Secretary of State for Work and Pensions has perfectly fairly presented that as one of the virtues of his new system. However, the Chancellor, who opened the debate, has gone in the opposite direction. He has raised the threshold from 16 hours to 24 hours a week and more than 200,000 households have lost out. They cannot both be right, although one of them might be. The announcement from the Department for Work and Pensions goes in the opposite direction to the Treasury’s. No. 10 ought to have spotted that and sorted it out. People see that incoherence across government.

My right hon. Friend the Member for Barking (Margaret Hodge), who chairs the Public Accounts Committee, made some telling observations about the Work programme. We know remarkably little about what is happening in that programme because the Government have banned Work programme providers from publishing any data. When under pressure in January, the Minister with responsibility for employment promised guidance to allow them to publish, which they want to do. When he was pressed again he said that the guidance would appear by the end of April, but we are now in the middle of May and it still has not appeared, so providers in the Work programme have no way of comparing their performance with that of others. My right hon. Friend said that she could not find out what was happening in her constituency and every other MP is in the same boat. Jobcentre managers have no idea what is happening in the Work programme in their area, and the effectiveness of the Work programme is being weakened as a result.

This week, a very good charity working with homeless people, St Mungo’s, has resigned from the Work programme. It had three separate contracts with three Work programme prime providers, but in the 11 months since the Work programme started the charity has not had a single individual referred to it by any of those three prime providers.

[Mr Gordon Marsden (Blackpool South) (Lab)]

I am listening with great interest to my right hon. Friend, not least because I have heard similar things in my constituency, not just about the voluntary sector but about experienced private providers. Does he think it is time that the Government started doing a proper job for the third sector? They want to involve it in the big society, but they are cutting its legs off.

[Stephen Timms]

My hon. Friend is absolutely right. Step one would be to allow the data to be published. Instead of banning everybody from saying what is happening, the Government should let us have some numbers so that we can see what is going on. That would offer the chance for clarification.

--- Later in debate ---

[Mr Gordon Marsden (Blackpool South) (Lab)]

The Government have done little to promote jobs and growth for towns such as Blackpool. They scrapped the regional development agency, which helped us to renew our tramway and our key visitor attractions, including the tower and the Winter Gardens. They also scrapped the area-based grants that targeted our pockets of severe deprivation.

The Government seem incapable of understanding the challenges faced by Blackpool and other second-tier towns, particularly in seaside and coastal areas. They have done no strategic targeting of the regional growth fund by industrial sector, which was highlighted by David Marlow, who has said:

“Blackpool has not yet had a distinctive RGF success despite benefit and public sector ratios 80% and 60% above national averages, and private sector ratios at about 65% and 25% below average.”

Any narrow focus on city regions risks ignoring surrounding areas. We suffer from imbalances not only between regions, but within them. We need growth in second-tier towns and cities, seaside and coastal towns, and suburban areas.

Just what are the Government delivering on the ground for young people in terms of jobs and growth? I have seen first hand the positive impact the education maintenance allowance had in encouraging young people in Blackpool to go to colleges, where we have struggled to improve our skills levels. Given our pockets of extreme deprivation, that assistance was vital, but it is now gone, along with opportunities for thousands of young people from my sixth-form college and Blackpool and the Fylde college, which were jeopardised at one stroke of a pen in the Department for Education, the same Department that cut off the dedicated money—£200 million—available to schools for careers advice.

Yesterday’s unemployment figures also illustrate that that problem is not budging. In my constituency, one in 10 of the active population is out of work, including more than one in five young people, which is 8% higher than this time last year. Those figures disguise the work shortfall for young people and key groups such as women, a point strongly made by my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) earlier in the week. Thirty-four thousand women nationally gave up work altogether in the last quarter.

The previous Government had imaginative schemes such as the future jobs fund, through which Blackpool football club, which will battle for premier league status again at Wembley this Saturday, gave young people real opportunities. The Deputy Prime Minister’s belated youth contract promised to create half a million new job opportunities for young people, but we have seen no indication of it in Blackpool yet. If his figures are as reliable as the ones so recently demolished by the National Audit Office, I will not hold my breath.

This story is not just about statistics, but about individuals’ blocked hopes and frustrations. Wherever I talked to young people—not just in Blackpool, but in places such as Crawley, Reading and Milton Keynes, which I visited during the local election campaigns—I have found that they are in “it” together: they are in the mire, north and south, thanks to our Chancellor.

What about our small businesses, which are critical to our economic recovery and prevalent in my constituency? The Government have talked a good game, but my case work shows that many small businesses are being let down by the banks. When will the Government tell the banks to give support rather than telling people to stop whingeing?

We need proper activity on VAT, but we are not getting it, not on tourism and regeneration, or on repairs and renewals. The Government believe not in active and intelligent government but in scapegoat Britain. They scapegoat everybody except themselves, but their growth and jobs policies have failed.

Finance (No. 4) Bill

Gordon Marsden Excerpts

Wednesday 18th April 2012 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Dawn Primarolo)]

Order. May I just let Members who wish to speak know that I need to give the Minister time to reply to the debate and intend to call him at 7.40 pm? Hon. Members might therefore want to make their remarks slightly shorter.

[Mr Gordon Marsden (Blackpool South) (Lab)]

I wish to speak principally to new clause 7, but, in passing, I associate myself with the remarks of the hon. Member for Sittingbourne and Sheppey (Gordon Henderson), particularly on seaside and coastal towns. I have received a letter on precisely those issues from my holiday village, Martin Mere, in Blackpool, which has caravan sites as well as wonderful beaches.

My right hon. Friend the Member for Exeter (Mr Bradshaw) eloquently described the broader issue. I do not want to dwell on the architectural glories of churches, but in my constituency, churches and places of worship have done immensely valuable work in adapting their buildings for community and voluntary sector use. That is why I was mystified when I raised the issue in Prime Minister’s questions today. He had a bizarre brief on swimming pools in Tudor houses. We do not have many swimming pools in Tudor houses in Blackpool, but we have many of the churches and places of worship to which I referred. Incidentally, although it will suffer massively from this proposal, this is not just an issue for the Church of England. Many of the reformed and independent Churches, the Roman Catholic Church and other denominations and religions also do immensely valuable work.

[Sir Alan Beith]

I declare an interest as chairman of the Historic Chapels Trust, which is restoring a Catholic church in Blackpool. Does the hon. Gentleman recognise that when alterations were taxed differently from repairs there was a perverse incentive to alter rather than merely repair, but that the Government could help a lot if they were prepared to put more money into the fund that churches can use to bypass VAT?

[Mr Marsden]

I thank the right hon. Gentleman for that intervention and I pay tribute to his work as chairman of the Historic Chapels Trust. I can only say, however, that I know of no examples in Blackpool where such a process has been the driver. The driver in Blackpool has been to make churches, such as the town centre church, St John’s church, and Holy Trinity church in South Shore, accessible for community meetings and so on. As has rightly been said, this is the big society in action.

Blackpool also has a Salvation Army citadel. It does an immense amount of good work, not least with the homeless community. If it wants to make alterations to its buildings to expand the outreach services and community use it currently offers, it will, as a result of this proposal, face a whopping 20% extra in VAT on any building or alteration work. That is a recipe for stopping all that good work nationwide. As I indicated to the Prime Minister earlier, that is shooting the big society in the foot. It is absolute nonsense.

My right hon. Friend the Member for Exeter referred to the listed places of worship grant scheme. I deplore Ministers’ attempt to cloud the issue by saying that they have thrown £5 million into the pot for the grant scheme. Treasury Ministers and the Secretary of State for Culture, Olympics, Media and Sport are perfectly aware that that will not address the issue, in any shape or form, of the losses that will be made under this process.

[Sir Peter Bottomley (Worthing West) (Con)]

Would it be appropriate for the Minister to say whether the Government consulted the Churches’ Legislation Advisory Service and whether they were aware that the Churches were responsible for nearly half the grade I listed buildings that this proposal will affect?

[Mr Marsden]

It would be absolutely appropriate, not least because there seems to have been scant consultation with any of the Churches or other religious groups or places of worship on this issue. Perhaps the Government would like to start taking notice of the e-petition on this issue, which already has more than 16,000 signatures. Anne Sloman, chair of the Church Buildings Council, wrote to the Chancellor last week stating:

“a very large proportion of the alterations to these buildings…are concerned with making these buildings viable for use by the wider community by installing meeting rooms, lavatories and kitchens. This is the Big Society in action. The imposition of 20 percent VAT…means…most of it will simply stop.”

In conclusion, this is a nonsensical policy. At the end of holy week, the Prime Minister piously talked about the Church in action, but at the same time he let this howler through in a Budget that he claimed to have read line by line. I appeal to the Treasury Front-Bench team, if it is worth appealing to them on this matter, to take notice of what is being said across the Committee. They ought to do a little more line-by-line consideration of this proposal’s perverse effects if they want to dissuade people from the general judgment often passed—possibly very cynically—that some officials and others in the Treasury do indeed know the price of everything and the value of nothing.

[Nicholas Soames]

I believe that there is a great deal in the Budget to applaud and support, but on this issue I wholly agree with the hon. Member for Blackpool South (Mr Marsden), who has just sat down, and the right hon. Member for Exeter (Mr Bradshaw), who put it very well. I also know that my hon. Friend the Member for Banbury (Tony Baldry) has written a powerful letter about this matter.

Amendment of the Law

Gordon Marsden Excerpts

Thursday 22nd March 2012 Commons Chamber

[Pauline Latham (Mid Derbyshire) (Con)]

I would like to congratulate the Chancellor and his team on producing an innovative Budget in difficult times, but none the less a Budget for business and hard-working families. We need more jobs, more employment and more businesses set-up, because we cannot borrow our way out of a crisis, as Labour would like us to do. Rather, we have to earn our way out of this situation.

I find it strange that Opposition Members are so miserable all the time. All they can do is pour scorn and misery on what is a very good Budget. There are so many things in the Budget that are good for Britain and good for hard-working families, but Opposition Members never seem to be able to see it. The hon. Member for Blaenau Gwent (Nick Smith) is no longer in his place, but I was pleased that he mentioned the measures dealing with future armed forces spending, such as the doubling of the service accommodation relief for families and the welfare grant, along with council tax relief. I am sure that everybody in the House, including Opposition Members, will welcome anything that helps our hard-working service people, who are out there fighting for this country. However, apart from the hon. Gentleman, I have not heard anybody else mention the fact that the Chancellor is doing that.

There are so many positive things in the Budget that it is difficult to pick them out.

[Mr Gordon Marsden (Blackpool South) (Lab)]

Do try.

[Pauline Latham]

The hon. Gentleman should not worry; I will try, although I am disappointed that I have only five minutes to do so.

The Growing Places fund for the local enterprise partnership in my area will bring in an additional £8.5 million, which will be a tremendous boost to the area. Nobody over there on the Opposition Benches really seems to be all that pleased about the largest increase in the personal allowance for 30 years, which I find staggering. I would have thought that they would support the measure, which will take a lot of people out of tax altogether; indeed, 24 million people in this country will benefit from that.

Banking (Responsibility and Reform)

Gordon Marsden Excerpts

Tuesday 7th February 2012 Commons Chamber

[Mr Hoban]

The culture of bonuses did change under the previous Government. There was a tripling of bank bonuses between 2001 and the peak of the financial crisis. That is what we saw happening.

[Mr Gordon Marsden (Blackpool South) (Lab)]

What were you saying about it at the time?

[Mr Hoban]

Well, one thing is for certain: I was not designing the contracts that gave the big payouts.

It is time that the banking sector demonstrated leadership, and the coming bonus round is another chance for it to demonstrate leadership on pay. As we empower shareholders to drive remuneration policy, the banking sector has to be at the vanguard of the debate on responsible executive pay.

Global Economy

Gordon Marsden Excerpts

Thursday 11th August 2011 Commons Chamber

[Mr Osborne]

In the first two quarters of this year the UK has grown more strongly than the United States, but that is not a source of comfort for the world, because we need a strong US economy as well, and we want to help to bring about the international framework that will enable that to happen.

[Mr Gordon Marsden (Blackpool South) (Lab)]

Is it not revealing that it took to the end of page 5 of his speech for the Chancellor even stutteringly to mention the word “growth”? Will he now reflect on the fact that it is his reckless abolition of regional development agencies and his failure to put money into the local enterprise partnerships that were supposed to solve the problem that have left the English regions stagnant in growth over the past nine months?