Benefit Claimants Sanctions (Required Assessment) Bill Debate

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Department: Department for Work and Pensions

Benefit Claimants Sanctions (Required Assessment) Bill

Helen Whately Excerpts
2nd reading: House of Commons
Friday 2nd December 2016

(7 years, 4 months ago)

Commons Chamber
Read Full debate Benefit Claimants Sanctions (Required Assessment) Bill 2016-17 Read Hansard Text Read Debate Ministerial Extracts
Debbie Abrahams Portrait Debbie Abrahams
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The hon. Gentleman is absolutely right. Reflecting his father’s experience, many jobcentre advisers have been saying similar things and that they are absolutely horrified by what they are experiencing.

Helen Whately Portrait Helen Whately
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The hon. Lady made an important point about tone. Members from all parts of the House should conduct this debate with a compassionate tone, but she seems to be putting words into the mouths of Government Members—words that have simply not been said. Is there a Government source that she can refer us to that uses the language that she was using a moment ago?

Debbie Abrahams Portrait Debbie Abrahams
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The hon. Lady is absolutely right. We all need to be responsible for the language and the tone that we use. Unfortunately, we have seen some of that in today’s debate. I refer Members to the earlier National Audit Office report that was published this week. A headline in a paper suggested that the one in four claimants who had been sanctioned were somehow fraudulent. That was the disgraceful tone of the headline in a major newspaper, which distorted the evidence.

Helen Whately Portrait Helen Whately
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rose

Debbie Abrahams Portrait Debbie Abrahams
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I am sorry, but I am going to carry on.

We must ensure that all of us, as leaders, use the appropriate language. I can point to speeches that have been made in the past in which that has not been the case.

The hon. Member for Paisley and Renfrewshire South has outlined the provisions of her Bill, which requires an assessment of social security claimants’ circumstances before a sanction is applied. Measures in the Bill include a code of conduct for those responsible for imposing sanctions and the important principle of just cause, which is applied in defined circumstances. It will be applied, for example, where undertaking a job is in clear conflict with the claimant’s caring responsibility, and where there is just cause for not undertaking particular employment or job-search activity. In such cases, it is proposed that sanctions should not be applied.

The hon. Lady also mentioned the need for assessment for hardship payments after a sanction has been applied. Again, that is absolutely right. It was in fact one recommendation from the Work and Pensions Committee inquiry on this issue last year.

I have been heartened by the slightly different tone taken by the new Secretary of State, particularly in what has been said about work capability assessment and sanctions for homeless people and other vulnerable groups. I see this Bill as an important step forward, as it builds on what we have said should be happening. It would also make the process much fairer. I support this Bill in abolishing the punitive sanctions regime that the Tories and the Liberal Democrats introduced in the Welfare Reform Act 2012.

Let me provide a bit of background to what has been going on over the past four years. We have heard about the exponential rise in sanctions that have been applied to people on JSA, incapacity benefit and employment and support allowance, but we did not really touch on the new application to people on universal credit who are in work. I am referring to the taxpayers whom the hon. Member for Bournemouth West was talking about—the taxpayers who are already contributing to the Exchequer and who are, through the universal credit regulations, likely to be subjected to a sanction. That would be the case if, for example, they are not working full time, or if they have not got a permanent contract and want a few days off. They can be sanctioned and that is happening now.

I have been campaigning on this issue for more than four years. A constituent came to me after he had been sanctioned. He was in the middle of a work capability assessment when he suffered a heart attack. He was told by the nurse undertaking the assessment that he needed to go to hospital. He did that, and two weeks later he had a letter in the post saying that he had been sanctioned.

I mentioned another case to the Minister when we were in an interview recently. John Ruane from my constituency has a brain tumour, which means that he has three to four epileptic fits a week. His clinical team contacted me because he was refusing to have a life-saving operation on the grounds that he feared he would be sanctioned. He had already had his ESA stopped after a work capability assessment—that is another story, which I cannot go into today, but which certainly needs to be looked at again. He was frightened of being sanctioned. Fortunately, I have been able to intervene and his ESA has been re-established, but that fear of being sanctioned is what people are experiencing.

Yet another constituent of mine, who was a Jobcentre Plus adviser for more than 25 years, came to me four years ago, saying how troubled he was about the targets that he was being set—or aspirations as a Member said earlier—to sanction claimants. Targets were being set for sanctions even when people had done nothing wrong. He explained how the system works—that appointments would be made when people were meant to come in for a work-related interview, and the people would then not be told. That was investigated by the Department for Work and Pensions and, shamefully, it did nothing.

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Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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I congratulate the hon. Member for Paisley and Renfrewshire South (Mhairi Black) on introducing the Bill, on the enormous amount of work and research she has clearly done in preparing it and on the great sincerity with which she put her case to the House.

I am sure the hon. Lady will not be surprised to hear that I disagree with her Bill, but it is a good thing for us to talk about those in the greatest difficulty and about which parts of the welfare system do not always work. All Members, in their day-to-day work and casework, will have come across the examples we have heard today of parts of the system that do not work as intended and are not helping people as well as they should, and we all do our bit to make sure those mistakes and oversights—letters going to the wrong address, for instance—are corrected. In my experience, they are very often corrected. I am sure we have all had mistakes corrected for our constituents. The fact that there are mistakes—even though they might be awful mistakes—is not necessarily a reason to rip the system up and start again.

Chris Law Portrait Chris Law
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We all in the Chamber agree on the need to do our bit, but according to Trussell Trust figures more than 1 million food parcels a year—the highest number since the war—are going out across every constituency in the country. Is that not clear evidence that the system is not working. After the second world war came the post-war social contract, and this shows the worst parts of the breakdown of that consensus, which was once shared in the House.

Helen Whately Portrait Helen Whately
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From visiting food banks in my constituency and looking into the issue, I know that there are many reasons why people are using them. I am sure we would all prefer it if people did not have to go to food banks, but there are many reasons why they do, so we should not point the finger entirely at the sanctions regime.

Chris Law Portrait Chris Law
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In that case, let us look at the Trussell Trust’s own statistics, showing that 44% of all food bank use is due to the two key areas of benefit delays and benefit sanctions. I believe it is our responsibility to resolve that matter. Does the hon. Lady not agree that when we are talking about nearly 50% of people using food banks because of a failure of the benefit system, it means that there is a fundamental and direct link between the two and that the Bill amounts, frankly, only to a modest gesture to help improve those circumstances?

Helen Whately Portrait Helen Whately
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As I said a few moments ago, I do not agree with the proposed Bill. I do, however, think it right to work, as the Government rightly are, on ways to improve the system. Substantial steps have been taken already.

Helen Whately Portrait Helen Whately
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Let me make a little progress, because I am coming on to the steps that have already been taken to make sure that the system works better. The hon. Member for Dundee West (Chris Law) knows, and we all know, that the Government have been working very hard and are listening. They responded, for example, to the Oakley review and acted on its recommendations to make the whole system work better.

Kevin Foster Portrait Kevin Foster
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My hon. Friend is generous in giving way. Does she agree that we have already seen the number of JSA sanctions halved since March last year and that the Government are dealing with ongoing reviews? Most of the arguments advanced so far in favour of the Bill have been about issues of human judgment, which will be exactly the same with the codes of practice and just cause listed in the Bill?

Helen Whately Portrait Helen Whately
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My hon. Friend makes an extremely good point.

Helen Whately Portrait Helen Whately
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I understand that the hon. Lady wants to intervene, but will she let me make a bit of progress because I have hardly been through two sentences of what I was planning to say. I will, of course, allow her to intervene later, not least because she is so passionate about this subject.

I want to take a step back and talk about the overall system that is in place. We rightly have a safety-net benefits system so that nobody should have to live in abject poverty. This system is taxpayer funded and, as my hon. Friend the Member for Bournemouth West (Conor Burns) argued earlier, we should not forget that the money that funds the system comes from people’s pockets—not just from the wealthiest, but from people who are not well off and those described as “just about managing”. We always need to ensure that the welfare system gets the balance right between supporting those who need help with their income and not taking too much money away from those who do not have a huge amount of money to spend in the first place.

Mhairi Black Portrait Mhairi Black
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The statistics show that the price of this sanctions regime as it currently stands and the subsequently overturned decisions is £50 million to the taxpayer. The Bill would change how benefit sanctions are administered. It is not about ripping the system apart, but about trying to make it more efficient precisely because we want to save taxpayers’ money as well as a lot of the hassle that some people have to go through.

Helen Whately Portrait Helen Whately
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The hon. Lady makes the important point that we should look for value for money from Government spending. That is absolutely right, but there seems to be some kind of error that the imposition of sanctions in its own right is all about trying to reduce the amount of money spent on benefits. My understanding of the benefits system is that it is part of a larger welfare system that is attempting to help people get into work. Work is an important aspect of the system and some money is spent to achieve that. It is the whole aim of the system around jobseeker’s allowance, the Work programme and so forth.

None Portrait Several hon. Members rose—
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Helen Whately Portrait Helen Whately
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Let me make a bit of progress to get on to my second page, and I shall take more interventions later.

My main point is that we should all agree that it is perfectly reasonable to expect that in return for receiving a share of somebody else’s income as a benefit payment, the recipient should, if capable, make an effort to work. None of us wants a “something for nothing” culture—that is not good for anyone—and, rightly, conditions are attached to benefits. As long as those conditions are reasonable, it is also reasonable to attach a penalty for not complying, which is what the sanctions system does. Underpinning that is the social contract, which was mentioned earlier by my hon. Friend the Member for Bournemouth West. The simple moral case is that people who hope to benefit from a society that gives them certain rights and supports them when they are in need must also take responsibility themselves.

Tasmina Ahmed-Sheikh Portrait Ms Ahmed-Sheikh
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I am interested in the point that the hon. Lady is making about the social contract. Should not the same apply to all those women who paid into a contractual pension scheme—the WASPI women? Are they not also entitled to have that money paid back to them by the state?

Helen Whately Portrait Helen Whately
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I think the hon. Lady is attempting to take us into a completely different debate. However— I am now looking at you, Madam Deputy Speaker—I will continue my remarks about the Bill. I think you are in agreement with me, Madam Deputy Speaker, because you are nodding.

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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For the avoidance of doubt, when we are discussing a Bill the debate must be about what is in the Bill, or what might be in the Bill, not what could be interesting but is at a tangent to the Bill. The hon. Lady is wise to stick to speaking about the Bill.

Helen Whately Portrait Helen Whately
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Thank you, Madam Deputy Speaker. Accordingly, I shall now deal with the practical case for sanctions.

The purpose and the effect of sanctions is to encourage people to take steps to find work. According to the Department for Work and Pensions, 70% of claimants say that they are more likely to stick to the rules, and to participate in the activity that will help them to get closer to work if they know that their benefits could be withdrawn.

Anne McLaughlin Portrait Anne McLaughlin
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Will the hon. Lady give way?

Helen Whately Portrait Helen Whately
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I must make a little bit of progress. Otherwise I shall be speaking until 2.30 pm, and I know that other Members wish to speak.

Claimants in that position are more likely to turn up for appointments with their work coaches, more likely to search for jobs online, and more likely to engage in Work programme activities that will help them to make their way towards finding a job. I recently visited Faversham creek, where Work programme activities include building boats. That is a fantastic activity, and I could see—and heard stories about—the enormous difference that it can make to participants. They gain real skills and meaningful involvement, which can take them closer to the workplace. The structure of turning up and doing the work is very good for their self-esteem, and the benefits are clear.

Chris Law Portrait Chris Law
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I thank the hon. Lady for letting me intervene again. She has spoken about how positive work is, and how it gives us all self-esteem and great benefit. No one disagrees with that point, which has been made many times in the House, but let us be clear about the suggestion that sanctions somehow encourage or motivate claimants. The hon. and learned Member for South East Cambridgeshire (Lucy Frazer) said earlier that, according to the National Audit Office, analysis showed that sanctions work internationally, and I do not dispute that. My point is that, in the United Kingdom, analysis of the benefit sanctions system suggests that there is no evidence that sanctions imposed by the Department for Work and Pensions have a positive effect on job outcomes. Does the hon. Lady accept that?

Helen Whately Portrait Helen Whately
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I shall come to the point about the evidence in a moment, but before I do so I want to say something about conditionality. I know that Opposition Members think there should be no sanctions at all. [Interruption.] The hon. Member for Paisley and Renfrewshire South has said that she opposes sanctions in their entirety, although I appreciate that the Bill is not intended to achieve that.

The problem is that if there are no sanctions, that brings conditionality into question. As other Members have said, conditionality has been a long-standing feature of welfare benefit entitlements since they were introduced at the beginning of the last century, and in the United Kingdom access to employment benefit specifically has always been conditional on recipients’ being involuntarily unemployed and available for work. Sanctions have been a feature of the JSA since it was introduced in 1996 and they were continued under Labour as well as the coalition Government.

Nor is the UK alone in imposing sanctions; it is the norm in most countries to have conditions placed on receiving benefits. France, for instance, imposes sanctions if a jobseeker refuses two reasonable offers of work. Germany also imposes sanctions, as do the Netherlands, Switzerland, Denmark and Norway. A recent study covering international evidence from Germany showed sanctions increase the probability of leaving the welfare system for employment by over 50%. Another study in the Netherlands showed they increased the probability of going into employment by between 36% and 98%.

Anne McLaughlin Portrait Anne McLaughlin
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The hon. Lady said France imposes sanctions if somebody refuses two reasonable offers of jobs. There is a world of difference between that and imposing sanctions on somebody because they are five minutes late for an interview or for any number of other trivial reasons why people have had their money taken off them.

Helen Whately Portrait Helen Whately
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I will come later on to the question about good reasons for sanctioning somebody. We do have to be careful. Examples have been given in this House, and we will have seen this in our own casework, where the reasons do not appear to be good reasons and sometimes they are indeed errors, but we should not base policy on those specific individual examples, although what we should do, as we all do, is follow up on those individual cases and make sure that where errors have been made they are addressed. That is exactly what the appeals system does.

Angela Crawley Portrait Angela Crawley
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I have a copy of the Bill, and the hon. Lady may wish to have one to hand. It states:

“Before sanctions or reductions…may be imposed…an assessment of the relevant circumstances”

or

“conditions…found to be satisfied”

are required. That is what the Bill asks for. Will the hon. Lady speak to the Bill itself?

Helen Whately Portrait Helen Whately
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I also have a copy of the Bill to hand and the explanatory notes, and that is indeed what I am speaking about.

I wanted to make sure, however, that I had laid the groundwork on the important role sanctions play in a fair benefits system that is supporting everyone who can work to get into work. That not only reduces the number of people relying on other people’s earnings for income, and not only helps give businesses and public services a much needed supply of workers, but it is generally a good thing for the individuals involved, because we know that work is generally good for us.

A recent paper by the Royal College of Psychiatrists called “Work and mental health” observed that although work can be a stressor for some people in some circumstances, a comprehensive review of the research shows that work is beneficial to health and wellbeing. It says that when people without work are re-employed they have an improvement in health and wellbeing, while further unemployment leads to deterioration. A lack of work is detrimental to health and wellbeing, and the health status of people of all ages who move off welfare benefits improves.

We also know children in working households have better outcomes in academic attainment, training and future employment. Work provides a route out of poverty for families and improves children’s wellbeing and life chances as fewer will grow up in workless households. One of the great successes since 2010 has been the fall in the number of children living in workless households, so there are fewer children living in a household where there is often no routine, no rhythm of work, and no role model showing work is something we can, and should, do.

The hon. Member for Paisley and Renfrewshire South mentioned her visit to a jobcentre in South Thanet as part of her work as a member of the Select Committee on Work and Pensions. I have also visited jobcentres in Maidstone and Sittingbourne that serve my constituents and have observed the hard work the staff do to help the people who come to them to get into work. I have been very impressed by my conversations with the work coaches and the active and sincere interest they take in helping their clients get into work—and their celebrations when people succeed, particularly those facing a real challenge to get into work.

Mhairi Black Portrait Mhairi Black
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I appreciate what the hon. Lady is saying, and ask her to join me in trying to get that same experience in those jobcentres to become the norm throughout the UK? This Bill seeks to spread that consistency and good quality of staff throughout the UK.

Helen Whately Portrait Helen Whately
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I agree with the hon. Lady that it would be good to have a consistently high standard of support in jobcentres across the country. I do not agree, however, that a Bill is the right way to achieve that. There are other ways of achieving improvement across all the sectors of our public services. I have done an enormous amount of healthcare work, as she might know, and I do not believe that legislating from the top is necessarily the right way to reduce variation and bring everyone up to the level of the best. There are many ways of doing that that do not involve legislation.

Peter Dowd Portrait Peter Dowd
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I want to ask a specific question about the Bill. Clause 1 states:

“Before sanctions or reductions (“sanctions”) may be imposed on a person in receipt of social security benefits which will have the effect of reducing or restricting those benefits—

(a) an assessment of the relevant circumstances of the person must be carried out, and

(b) conditions in this Act found to be satisfied.”

What is the problem with that principle?

Helen Whately Portrait Helen Whately
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I am going to deal with that point later in my remarks. As I was saying a moment ago to the hon. Member for Paisley and Renfrewshire South, legislation is not always the right way to achieve improvement. Personally, I believe that, where possible, it is better to give those who work in the public sector greater autonomy to do a really good job. That gives people an enormous amount of motivation, because they usually go into those jobs because they want to make a difference.

Kevin Foster Portrait Kevin Foster
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Does my hon. Friend agree that the example cited by the hon. Member for Paisley and Renfrewshire South of a jobcentre in South Thanet that was doing really well shows that this is not an issue that requires legislation? This is about ensuring that there is consistent management throughout the system, which does not require a new Bill.

Helen Whately Portrait Helen Whately
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I completely agree with my hon. Friend. He mentioned the jobcentre in South Thanet, and I want to correct the hon. Member for Paisley and Renfrewshire South on that point. I do not want to do South Thanet down, but I represent an area of Kent that is not far from there, and I know that South Thanet has enormous challenges as a result of deprivation. It is not only the most challenged area of Kent but the 35th most deprived area in England and Wales. There are lovely parts of South Thanet, but it is not normal to describe it as leafy and affluent, as she appeared to do.

I have seen how the very good jobcentres around my constituency provide personalised, tailored support. For example, they might help an individual to find the right childcare to enable them to get into work. They might also help people living in rural areas to overcome transport challenges. That personalised service is possible in the current system because of the level of autonomy and responsibility given to work coaches, and I would be wary of any legislation that might reduce their ability to tailor their support to individuals.

I have already acknowledged that the system is not perfect. No one would suggest that a system providing support to thousands of people could be perfect. One strength of the system is that it has been designed specifically to keep decision making local and to take account of an individual’s circumstances. It offers flexibility, and where there is flexibility there will be some variation. There is work to be done to ensure that the variations are not too great and to bring all jobcentres up to the level of the best, but that is not a reason to legislate nationally. As we know, when mistakes are made, there is a right of appeal.

Mims Davies Portrait Mims Davies
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I support my hon. Friend’s point. Investigations by my team sometimes lead to grave concerns. Caseworkers around the House are constantly doing work on the inconsistencies in the system and the opportunities to improve it. In a long process, the failure to provide information and the necessary documentation and attend assessments is often part of the issue. Where they exist, local relationships are important when trying to unpick why people have got into such situations.

Helen Whately Portrait Helen Whately
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My hon. Friend makes an important point about the value of the relationship that the individual has with their work coach, who can support them when going through some processes. MPs also play an important role. I am currently supporting two constituents in their appeals. One was sanctioned after missing an appointment because they could not read their appointment card and another was sanctioned on the grounds that they did not use the right website to look for a job. We know that there are times when the system does not work as it should and we can support constituents who are going through the appeal process.

Anne McLaughlin Portrait Anne McLaughlin
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I thank the hon. Lady for taking another intervention from me. Does she agree that the vast majority of people will not go to their MP to ask for support? We see a tiny percentage of the people who, like in her example, could not read their appointment cards—there is any of a number of reasons. The others are not getting the support that they need. It is good that the hon. Lady supports those who do come to her, but she is not seeing the majority.

Helen Whately Portrait Helen Whately
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It is impossible to know how many people do not go to their MP, but I make my best efforts to be as accessible as possible to my constituents so that people know that they can come to me for help. What I find when following up on individual cases with the DWP, whether relating to sanctions or other problems with the benefit system, is that it is extraordinarily responsive and willing to review cases and reverse decisions that turn out to be flawed. I am reasonably confident that the DWP steps up and corrects mistakes when they are made.

Hannah Bardell Portrait Hannah Bardell
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I cannot help but notice a deep irony in the hon. Lady’s comments. She cites examples of where the system has failed and of when her constituents have not been served well, and my hon. Friend the Member for Paisley and Renfrewshire South is bringing forward a Bill that will help all our constituents and help the system to be fairer. How can she not see that irony and not support the Bill?

Helen Whately Portrait Helen Whately
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I wonder whether the hon. Lady has been listening to what I have been saying. I think I have recognised that the system has problems. Mistakes will be made in any system of such a scale, but that does not mean that the answer is to impose some more top-down legislation. It is better to try to improve how the system works and to support jobcentres that might not be doing so well to come up to the level of those that are doing best.

Helen Whately Portrait Helen Whately
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I will happily give way to my hon. Friend.

Kevin Foster Portrait Kevin Foster
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My hon. Friend is being generous with her time to both Government and Opposition Members. The key point is that the NAO report will be considered by the Public Accounts Committee, which will then produce recommendations. We keep returning to the fact that what is in the Bill would still be subject to discretion. We are talking about management issues and ensuring consistency and they do not require a new law.

Helen Whately Portrait Helen Whately
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My hon. Friend is absolutely right. I will now happily take a short intervention from the hon. Lady.

Mhairi Black Portrait Mhairi Black
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I am genuinely grateful to the hon. Lady for allowing me to intervene. First, I am more than happy for this Bill to be looked at and to have different inputs, so the Government should support it in principle and we can then thrash out in Committee the technicalities of how it can be implemented. Secondly, if the Government are genuinely interested in listening, it might be an idea for the hon. Lady to speak to the Secretary of State for Work and Pensions. I have been trying for weeks to get a meeting with him to discuss the Bill, but I am yet to have even a reply.

Helen Whately Portrait Helen Whately
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My experience is that the Government are genuinely listening and, as we have heard in many examples today, have repeatedly responded to recommendations about improving the system. There is a continual process of listening and improving. But, no, I do not agree with the principle of the Bill, which is to legislate to address what are essentially problems with the management and implementation of the current system.

Victoria Atkins Portrait Victoria Atkins
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I am extremely grateful to my hon. Friend for giving way. I commend her for thanking the members of staff in her own jobcentres. If I may, I will join her and thank the staff in my own constituency of Louth and Horncastle. Clause 1 (1)(a) says that

“an assessment of the relevant circumstances of the person must be carried out”.

Does that not happen already?

Helen Whately Portrait Helen Whately
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My hon. Friend is right that those circumstances are considered already, so much of what is in the Bill duplicates what is already done, and is included in extensive guidance to work coaches.

Peter Dowd Portrait Peter Dowd
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Will the hon. Lady give way?

Helen Whately Portrait Helen Whately
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I wish to move on now to speak about mental health.

Peter Dowd Portrait Peter Dowd
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Just briefly, please.

Helen Whately Portrait Helen Whately
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I will give way briefly.

Peter Dowd Portrait Peter Dowd
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The hon. Lady says that legislation should not be introduced when it is not necessary, but the Government are poking their noses in all sorts of places where they should not be, so why not here? [Interruption.] She does not like legislation, but what about a code of conduct setting out the procedures, tests and standards to be followed and applied in carrying out assessments? What is wrong with a code of conduct laid down via regulation?

Helen Whately Portrait Helen Whately
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As I literally just mentioned, there are already extensive guidelines, so why add to them with another code of conduct? It is simply duplication.

I wish to move on now to mental health. I am chair of the all-party group for mental health, and I recognise that there have been particular problems with sanctions being imposed on people with poor mental health. We know that people with mental health problems have been disproportionately affected by sanctions, partly because of the complex and fluctuating nature of those conditions, and that sanctions have caused them a great deal of stress and anxiety.

Mind, the mental health charity, has made the point about the great number of people with mental health conditions who have been receiving sanctions. In its evidence to the Work and Pensions Committee in 2014, it talked about the problems with the way that people with mental health problems were being supported in the benefits system, and those problems persist. We know that an individual’s mental health problems are not always well understood by the people in the jobcentres, and that some of the activities required of them as conditions for receiving benefits can be inappropriate and are sometimes thought to move them further away from work. That can be the case despite the fact that people with mental health conditions frequently very badly want to work.

Efforts are already being made to support people with mental health problems into work. Work coaches already receive guidance specifically on how they can best support people with mental health conditions. For instance, the definition of people regarded as “at risk” now includes those with mental health conditions, so hardship payments can be expedited. In recognising the challenge for people with mental health problems getting into work, the Government have recently published a Green Paper, “Improving Lives”, which is a joint effort between the Department of Health and the Department for Work and Pensions. I very much welcome it, as it recognises that there is a large employment gap between those in good health and those with long-term illnesses—physical and mental—and it sets out a series of proposals to try to improve that situation. One proposal seeks to improve the support for people with mental health conditions, including developing the employment offer alongside talking therapies, enhanced training for work coaches to support people with mental health conditions, more disability employment advisers, and personal support packages offering better tailored employment support for people with health conditions. That set of proposals must be a reminder to everyone here how committed the Government are to helping people with health conditions into work, particularly those with mental health conditions. The Government are doing an enormous amount to help people in these situations. The Green Paper is very much part of a common theme of the Government listening, responding to the situation and trying to make the system better.

On the other actions the Government are taking, we have heard that they accepted the recommendations of the Oakley review. The Work and Pensions Committee, in its recent follow-up review, said:

“We welcome DWP’s acceptance of the Oakley Review’s findings, and the steps that it has taken towards implementation of the Review’s recommendations.”

The Government have accepted many of the recommendations in the Select Committee’s follow-up report, including trialling the yellow card system, so claimants will have 14 days’ warning before they are sanctioned, and we will soon hear how that has gone. The Government have been issuing comprehensive guidance to staff to improve awareness of how JSA conditions can be varied to take account of the claimant’s physical or mental health condition and caring responsibilities. The Government have also provided for claimants to agree with their work coach any restrictions in their pattern of availability and/or in the type and hours of work they are capable of doing, as long as the restrictions are reasonable in light of their condition. Therefore, all JSA claimants should have conditionality requirements that are tailored to their specific circumstances. As more people move on to universal credit, more will benefit from its even more tailored approach.

To conclude, given all that is being done to improve the system we have—a system that is rightly designed with a level of flexibility to allow for improvement—the Bill is unnecessary and unhelpful. It is unnecessary because it seeks to legislate for things the Government are already doing. For instance, there is guidance that requires an assessment to be carried out of whether hardship payments are appropriate. There is also a whole set of guidance about things that would count as good reasons for a claimant not to attend an appointment or make their Work programme commitments. Those good reasons include things such as homelessness, travel time, domestic violence, bullying, harassment, mental health conditions and learning difficulties.

I could go on, but, as has been said, that list is not intended to be exhaustive, and it gives scope for judgment on the part of the decision maker. Critically, the system we have is intended to support and enable work coaches to give flexible support to the individuals they are helping into work. It is intended to give some autonomy and responsibility to jobcentres in supporting people into work.

What we should not try to do where a system does not work perfectly is always to centralise and always to legislate. It is better to persist with an approach that is about improving the way the service works on the ground. My experience of work coaches is that they are thoughtful and doing their absolute best for the individuals they are trying to help into work, and I absolutely support them. What they have told me they need more than anything is time to spend with the individuals they are supporting. What they do not need is more complexity, more legislation and more rules that might get them into legal knots. Let us give them the support and the time to do the best possible job by the individuals they are helping into work.