Leaving the EU: Data Protection

Debate between Jeremy Lefroy and Stephen Timms

Thursday 12th October 2017 Commons Chamber

[Stephen Timms]

The problem is that if it is not an adequacy agreement in name, it is not clear what it is. [Interruption.] Yes, an inadequacy agreement, perhaps.

We also need this to be clarified soon, because otherwise businesses will have no alternative but to make arrangements to shift the activities into the other EU countries to avoid the risk of them no longer being lawful—and if this is left to the last minute, with some late-night deal at some distant point, these companies will have gone.

[Jeremy Lefroy (Stafford) (Con)]

Does the right hon. Gentleman, a fellow member of the Exiting the European Union Committee, agree that one way to sort this out is by amending the Data Protection Bill—in effect, by transferring the wording of article 8 into that Bill?

[Stephen Timms]

I pay tribute to the hon. Gentleman for his work on that Committee, and his suggestion could well solve the problem. What I have proposed is amendment 151 to the European Union (Withdrawal) Bill, to require Ministers to put on to the statute book a clear statement that UK citizens have a fundamental right to the protection of their personal data. But he is right that we could equally well insert that wording into the Data Protection Bill, which is before the House of Lords at present. I should also point out that, splendid though it is, I cannot claim credit for the wording of my amendment, as it was drafted by techUK, in recognition of the issue’s importance to the industry.

I want to make a final point about the Data Protection Bill and postal direct marketing. I welcome the fact that the Government are implementing the GDPR, or general data protection regulation, but the Bill changes the basis for opting out of postal direct mail communications. At present, if somebody does not want to receive advertising addressed to them through the post, they can opt out by signing up to a register. As I understand it, the Bill will change that and companies will not be allowed to send people postal direct mail unless they opt into receiving it. I think that is the current arrangement for direct email, but there has been an opt-out arrangement for postal direct mail until now. There is a lot of concern that that change would be very damaging to the UK direct mail industry, which is a substantial industry, and that it is not required by the wording of the GDPR; indeed, legal advice has been taken on this point and the GDPR does not require that change to be made. If that is right, the Government are gold-plating the regulations that have come to us from the EU. They are absolutely right to be implementing the GDPR and to be doing so scrupulously, but they should not be gold-plating them, as I fear they might be in this case.

I am grateful to have had the chance to set out to the House a bit more fully the thinking behind my amendment to the European Union (Withdrawal) Bill, and hope I might have persuaded the Minister that, after all, it might be an amendment that he can support.

Employment and Support Allowance and Universal Credit

Debate between Jeremy Lefroy and Stephen Timms

Thursday 17th November 2016 Commons Chamber

[Jeremy Lefroy (Stafford) (Con)]

I pay tribute to the hon. Member for Airdrie and Shotts (Neil Gray) for introducing this debate and for assembling here a large number of right hon. and hon. Members.

My father became disabled when I was two weeks old, when he was 34. He worked for the rest of his working life until he was 65. It was only after he died that I found that at one point he had had to consider emigrating to Australia in order to get work, but thanks to the foresightedness of a church in Highbury in Islington—he was a vicar—he was able to work in the United Kingdom. Throughout my childhood, as we were growing up, we saw the gradual improvement of the situation for disabled people in this country. I pay tribute to Governments of all colours over the past 50 years for that, because it has been incredibly important. I saw, for instance, the significant improvement that Motability made to his life and his ability to do his work—he benefited from the scheme from its introduction. That is why I believe that the motion should be supported and that the cuts to the work-related component in both ESA and universal credit should be paused and reconsidered.

The Government’s argument, which I understand, is that they wish everybody in the work-related activity group to return to work as soon as possible, and they intend to put in money to support and assist them in that process. Three assumptions underline that argument. The first is that the cost of living for those on ESA is pretty much the same as that for those on jobseeker’s allowance; in other words, it covers basic living costs. The second assumption is that any additional costs relating to sickness or disability can be covered by the personal independence payment. The third is that people will not receive ESA for very long, because they will get back into work.

On the face of it, one can assume that those assumptions are well meaning, but I would challenge all three of them. On the cost of living, those in the WRAG tend to have mental health conditions, cancer or musculoskeletal conditions, and they are often housebound for long periods. That means that they face an additional cost for heating, because they are not able to go out searching for work all the time. Macmillan says that 28% of cancer sufferers say that they cannot keep their homes adequately warm. They also face an additional cost for food: some of the diets involved are expensive and there is no particular help available. There is also the cost of transport, as people go frequently to hospital and doctors’ appointments.

The argument has been put to me that those costs could be covered by PIP, but fewer than half of those in the WRAG are eligible for and claim PIP. In any case, PIP covers mobility and care costs; it does not cover heating or dietary costs.

The final assumption, which is understandable, is that those in the WRAG will be able to return to work relatively soon, but that is not borne out by the facts. People tend to be in the WRAG for an average of two years, while the figure for JSA is six months. JSA is set at a level that assumes that people will be on it for only a few months, and it is very difficult to see how people can continue at that level without in the end getting into considerable debt. It seems to me that the assumptions, understandably made by the Government, do not hold up.

[Stephen Timms]

The hon. Gentleman will recall the commitment that was made to increase support for disabled people to get into work as a quid pro quo for the benefit cut. Does he agree, however, that it appears that the Government now propose to spend less on employment support for disabled people than has been spent on the failed Work programme? Surely they should be spending more, not less.

[Jeremy Lefroy]

I am not clear on the figures, but what I do know is that the Government are committed to providing support to people to get into work. That is absolutely vital, but I do not think it is a substitute for the additional financial help that has been given until now.

I welcome the Green Paper and the Government’s work on it. I welcome the work that my hon. Friend the Member for North Swindon (Justin Tomlinson) did on it, and the work of my hon. Friend the Minister for Disabled People, Health and Work, who is in her place, and everyone else at the Department for Work and Pensions. The excellent paper covers joint supporting, the promotion of mental and physical health, and occupational health support. I want all those things to be put in place, because I know that they will be of great benefit to many of my constituents. The Green Paper does not, however, cover the question of costs, and that is why I support the motion.

I want to make some constructive proposals for the Government to consider. I want them to consider modifying or postponing the changes while the proposals are consulted on and put into practice. Let us see them work: let us see people get into work more quickly before we actually remove the additional support. Let us also consider maintaining an element of support above JSA, specifically to cover the particular costs that people face, especially if they have been on the standard rate of ESA, as they will have been for a short period. It should not be indeterminate and indefinite. A discretionary fund has been used in other areas, so let us consider introducing one that is substantial enough to cover those additional costs for people in the WRAG.

I know that the Minister is listening. She has shown that in her responses to me both privately and publicly. I urge her to continue to listen, particularly to the points made by Members in this debate.