Disabled People on Benefits: EHRC Investigation

Joanna Cherry Excerpts

Thursday 23rd May 2024 Commons Chamber

[Mims Davies]

I reiterate to the House, and to the hon. Gentleman, that we take our obligations under the Equality Act incredibly seriously. I have spoken about the changing nature of conditions, understanding and learning, and the public sector equality duty, and we will continue to co-operate and engage with the commission on its investigation. As I said, we do not believe that an investigation is necessary, but we do take its concerns seriously. I undertake to the House that the Department will be focused on those new terms of reference so that we can work constructively with the commission, in its investigation, to better understand its concerns. [Interruption.] I understand the concerns of the hon. Member for East Renfrewshire (Kirsten Oswald), who is chuntering again, but I reiterate to the hon. Member for Bermondsey and Old Southwark (Neil Coyle) that we are very much determined to work with the commission as a way forward. I agree that it is very disappointing that we have not been able to come to a mutually agreeable position. I assure him that, over the past five years, this very large Department, which deals with many different areas and complex case, has put at the heart of what we do—of which I am extremely proud—a dedicated understanding of the individual and their needs.

[Joanna Cherry (Edinburgh South West) (SNP)]

I congratulate my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows) on securing this urgent question and continuing her fantastic work in this Parliament on the rights of disabled people. I also congratulate the Equality and Human Rights Commission on opening this important investigation and on retaining its A-grade status as a national human rights institution in the face of malicious attempts to undermine the work that it does for equality and human rights for all.

I work with many fantastic disability charities in my Edinburgh South West constituency, including Health All Round, Tiphereth and Garvald, but charities should not have to fill the huge gaps left by the Government’s dereliction of their duties. Discrimination against disabled people is a human rights issue, and that is something about which I care passionately as the elected Chair of Parliament’s Joint Committee on Human Rights.

As we are about to go into a general election period, will the Minister take the opportunity to give a cast-iron guarantee on behalf of her party that she will end discrimination against disabled people in the benefits system and end her Government’s continuing breaches of disabled people’s human rights?

[Mims Davies]

I appreciate that there is a general election coming but, when it come to the most vulnerable people, this is not a morning for politicking. It is about being compassionate, it is about understanding disabled people’s rights and it is about listening and learning. We are focusing on individuals by working with the domestic abuse commissioner and through WorkWell’s universal support, the national disability strategy, the action plan and the trauma-informed approach.

Vitally, as the hon. and learned Lady says, it is about hearing not just from disabled charities but from disabled people across the country to understand their needs. It is incredibly important that we take this seriously, and we are determined that, if the investigation under the terms of reference gives us a deeper insight into the concerns— I have spoken to the Select Committee about how the Department deals with the most complex cases—we will take every step to address any improvements identified by the commission. I hope that gives the hon. and learned Lady, disabled people and those with health conditions comfort that we take their needs and wants extremely seriously at the heart of Government.

Health and Disability Reform

Joanna Cherry Excerpts

Monday 29th April 2024 Commons Chamber

[Mel Stride]

I am at pains to say this: every time I have come to the Dispatch Box this afternoon, I think I have made it extremely clear that serious mental health conditions are very real. I take them very seriously, as I think does everyone in this House. I say to the hon. Lady—[Interruption.] This is where we need a grown-up conversation. [Interruption.] This is really important. We need a proper conversation about this, because if at every stage, whenever a Minister suggests that we need to look at a particular area, their motives get impugned in the way that the hon. Lady has—[Interruption.] She inferred that I am actually saying that mental health conditions should be trivialised in some way. I am definitely not saying that.

[Joanna Cherry (Edinburgh South West) (SNP)]

My constituent Elizabeth has been a very hard worker, but also someone who has suffered from ill health. She came to see me at my surgery on Friday to express her alarm about the Prime Minister’s speech on 19 April, his proposals for sick notes, and what she sees as his lack of respect for the professionalism of general practitioners. If the issue came up in the Chamber, she asked me to ask the relevant Minister this question: how can a random DWP assessor, faced with a complete stranger, based on the briefest of interactions, be relied upon to produce a more accurate and objective assessment of a patient’s condition than her own general practitioner?

[Mel Stride]

I know the Prime Minister shares the view that we owe a huge debt of gratitude to our GPs, right up and down the country. They have a highly pressurised job, and they do it extremely well. DWP assessors are highly trained individuals, and there are very clear guidelines on how assessments should be fairly conducted. They are, as the hon. and learned Lady will know, open to appeal where that is necessary. She mentions GPs. As part of the assessments, which are concluded by a DWP team member, rather than the assessor themselves, taking into account all the evidence, it may well be that GPs have an input into many of the decisions.

Women’s State Pension Age

Joanna Cherry Excerpts

Monday 25th March 2024 Commons Chamber

[Mel Stride]

It would be a little bit of a stretch to comment on, let alone support, an unknown amendment to an unknown Bill.

[Joanna Cherry (Edinburgh South West) (SNP)]

The WASPI campaign has asked me to emphasise its annoyance about how often Government Ministers, when talking about these issues, attempt to muddy the waters by referring back to the unsuccessful litigation to reverse the increase to the state pension age, or to claim direct discrimination. That was not litigation by the official WASPI campaign, and I am sure that its members were annoyed to hear a senior Labour Front Bencher doing the same thing on the radio last night. Will the Minister take this chance to assure the WASPI campaigners from the Dispatch Box that going forward, Government Ministers will not attempt to muddy the waters by referring back to now irrelevant litigation, and will instead focus on how to implement the ombudsman’s recommendations?

[Mel Stride]

The hon. and learned Lady will know about legal matters. I do not think that I can accept that the litigation, particularly in the High Court and the Court of Appeal, is just not relevant, especially as it pertained to the matters under debate.

State Pension Changes: Women

Joanna Cherry Excerpts

Tuesday 12th March 2024 Westminster Hall

[Joanna Cherry (Edinburgh South West) (SNP)]

I congratulate the hon. Member for Strangford (Jim Shannon) on securing this important and timely debate. The Government’s failure to come forward with proposals for compensating the Women Against State Pension Inequality Campaign is a disgrace. Tens of thousands of women have been plunged into poverty through no fault of their own, and many of them now feel abandoned given the length of time that this investigation has taken. Their situation has also been severely exacerbated by the cost of living crisis. As others have said, the Government have shown that they can act swiftly to end long-running injustices when they feel the need to do so. I strongly feel that the WASPI women should be afforded the same justice and dignity as victims of the Post Office scandal, and that should happen without further delay.

We must never forget the reality of what has happened here: 3.8 million women were given the bombshell news that their state pension age would increase from 60 to 66, just as they were about to retire and when it was too late for them to do any proper financial planning. Many were already in ill health, and others had taken early retirement and were planning to hang on until age 60 when they would receive the state pension, but all their hopes were dashed.

Last week we celebrated International Women’s Day, and on Sunday we celebrated Mother’s Day, but all the fine words about women’s contribution to society mean nothing unless action is taken to compensate women who have been as badly treated as the WASPI women. In Ireland last week, we saw a salutary lesson of how a Government who try to write women off can be defeated when women and their supporters rise up to protect their rights. This Government need to remember that the WASPI women have votes, and so do their husbands, partners, children, friends and supporters.

It is important to be clear what this debate is about, because the Department for Work and Pensions sometimes has a habit of muddying the waters. The WASPI campaigners have spoken to me, and they want me to stress that their campaign is for fair and fast compensation. They have always supported pension equalisation between men and women, but their issue is the unfair way in which the changes were brought about. I would like the Minister to reassure me that when the DWP is asked for comment on the WASPI campaign in future, it will stick to the facts of what the campaign is about and will not issue misleading statements conflating it with other campaigns.

The questions that the Minister must answer today are very clear. Others will enumerate them but I make no apology for doing so now, because I want to ensure that the Minister and those advising him have the questions fully noted and that they answer them at the end of the debate. First, the PHSO stage 1 report was published in July 2021. Do Ministers accept the clear findings of maladministration in that report? Secondly, it was said around the time of the stage 1 report that Ministers could be proactive in finding a remedy. Do Ministers regret not taking that advice and moving more quickly, rather than leaving more and more women waiting and some dying with justice not being done? Finally, given that the investigation by the PHSO has taken more than five years and over a quarter of a million affected women have died during the lifetime of the WASPI campaign, do Ministers think that the system as a whole has treated women acceptably?

--- Later in debate ---

[Joanna Cherry]

The Minister is hiding behind the need to wait until the final report is out, but at around the time of the stage 1 report, the PHSO said that Ministers could be proactive in finding a remedy for 1950s women. What does the Minister say to that?

[Paul Maynard]

I certainly do not believe that I am hiding behind anything. The ombudsman’s inquiry is going through the processes that the ombudsman itself has set out.

Oral Answers to Questions

Joanna Cherry Excerpts

Monday 23rd January 2023 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

10. What recent assessment he has made of the adequacy of social security payments in the context of increases in the cost of living.

[Joanna Cherry (Edinburgh South West) (SNP)]

13. What recent assessment he has made of the adequacy of social security payments in the context of increases in the cost of living.

[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

The Department has completed the statutory annual review led by the Secretary of State on the levels of state pension and benefits. The outcome of the review was confirmed in a written ministerial statement tabled on 17 November last year. Benefits and pensions will increase by 10.1% in April, subject to parliamentary approval. We understand the pressures that people are facing, which is why this Government have provided cost of living support worth more than £37 billion in 2022-23. In addition, more than £1 billion will be provided in 2023-24 through further cost of living payments.

--- Later in debate ---

[Joanna Cherry]

Many of my Edinburgh South West constituents were already suffering from policies such as the two-child limit and the failure to reverse the cut in universal credit before the cost of living crisis hit home. In its recent submission to the United Nations Committee on Economic, Social and Cultural Rights, Human Rights Watch gave a damning review of the United Kingdom Government’s restrictive social security policies, saying that they have a negative impact on the right to an adequate standard of living, to food and to housing for families with children. So, given the times that we are in and given that we are in the full thrust of our cost of living crisis at present, should not the Government be scrapping these policies?

[Mims Davies]

Over 8 million households on eligible means -tested benefits will receive additional cost of living payments up to a total of £900 in the year 2023-24, with more to come. The Government are committed to reducing poverty and supporting low-income families, and we will spend £111 billion on welfare support for working-age people between 2022 and 2023. But let us balance this up, because progression is not only about benefits. I say this as a former Employment Minister, and with the current Minister for Employment, my hon. Friend the Member for Hexham (Guy Opperman), sitting near me. With 1.16 million vacancies across the UK, our focus is firmly on supporting families, both in and out of work, to progress in work.

Universal Credit and Working Tax Credits

Joanna Cherry Excerpts

Wednesday 15th September 2021 Commons Chamber

[David Linden]

My hon. Friend’s constituency was one of the earliest areas where universal credit was rolled out, so he is familiar with it, and as a highland MP he is acutely aware of the much higher energy bills. The universal credit cut will probably mean a choice between heating and eating this winter for people in his Inverness constituency. He is right to put that on the record, and I hope that Members who represent constituencies in other parts of rural Scotland will bear that in mind, particularly on the Conservative Benches. It is simply unthinkable that the UK Government are even considering this policy. All MPs must consider whether they want it on their conscience when the Division bell rings tonight.

Whether or not someone claiming universal credit is in employment, the £20 uplift is vital to their income. To quote Morgan again:

“We should not have had to have gone through a pandemic just to get that increase”.

Morgan is right. The most vulnerable people in our society had been suffering for decades, long before the pandemic hit these shores. Years of austerity have deepened the inequality and poverty in our society, and the pandemic has only magnified those pre-existing inequalities. Years of austerity have deepened the inequality and poverty in our society, and the pandemic has only magnified those pre-existing inequalities in our welfare system.

A decade of Tory rule has left workers, on average, £l,000 a year worse off. Analysis by the Office for National Statistics shows that, when inflation is taken into account, the average wage is worth less in 2021 than it was in 2010. Despite the continual Tory mantra that getting people into work is the best route out of poverty, wages continue to fall, and austerity continues to deepen inequalities. The pandemic has only served to bookend the decades of cruel welfare cuts and truly highlight how inadequate support has been.

[Joanna Cherry (Edinburgh South West) (SNP)]

Does my hon. Friend share my concern about the fact that, while much of the debate focuses on young people and people with children, older people, particularly older single people, will be affected by this cut as well? I have a 60-year-old female constituent with a mortgage whose hours of work have been cut from full-time to 26 hours a week. At her age, it will be hard for her to find more work, and she tells me that losing this uplift will mean the difference between keeping and having to give up the home that she has worked so hard to pay for.

[David Linden]

My hon. and learned Friend is right to place on record the impact of the pandemic on not just young people but women in particular, especially older women. On Monday we will have before us a Bill that suspends the triple lock; that is another betrayal of a manifesto commitment from the Conservatives—something that may not come as a surprise to those of us on these Benches.

I want to emphasise the sheer number of organisations that are campaigning for this uplift to be kept in place. One hundred organisations, including charities, children’s doctors, public health experts and research groups, have signed a letter calling on the Prime Minister to abandon the plans to cut universal credit. One such signatory was Bright Blue, a Conservative think-tank; some on the Government Benches are members of that very think-tank. We have also seen a letter signed by no fewer than six previous Conservative Secretaries of State for Work and Pensions who have condemned the proposed cuts. All the devolved Governments have also called for the £20 uplift to remain.

Analysis by the Joseph Rowntree Foundation shows that more than a third of working-age families in 413 parliamentary constituencies will be hit by the cut. Of those, 191 are represented by Tory MPs. The Scottish Conservative MPs on the Benches opposite me—if they have bothered to turn up for the debate—will know the consequences of the universal credit cut that they plan to reaffirm tonight. They know the statistics; they know the threat of poverty that hangs over their constituents; and yet they do not care.

In Moray, 6,110 households will be at risk of sliding into poverty. If he does not vote for the motion tonight, the hon. Member for Moray (Douglas Ross) clearly does not care. In West Aberdeenshire and Kincardine, 3,620 households will be going into winter facing harsh decisions between heating and eating. If he does not vote for the motion tonight, the hon. Member for West Aberdeenshire and Kincardine (Andrew Bowie) does not care. In Banff and Buchan, 6,280 households will have to face relying on foodbanks to feed themselves this winter. If he does not vote for the motion tonight, the hon. Member for Banff and Buchan (David Duguid), does not care. In Dumfries and Galloway, 8,190 households will experience huge anxiety and worry over their financial futures, which will take an immense toll on their mental health. If he does not vote for the motion tonight, the right hon. Member for Dumfries and Galloway (Mr Jack) , does not care.

In Berwickshire, Roxburgh and Selkirk, 7,150 households will have their incomes slashed by £1,040, a figure that has become increasingly necessary during the difficult months of the pandemic. If he does not vote for the motion tonight, the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) does not care. In Dumfriesshire, Clydesdale and Tweeddale, 6,050 households will be victims of this heartless Tory austerity policy, which will cement poverty and inequality in that community for years to come. If he does not vote for the motion tonight, the right hon. Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell) does not care. It will be clear that the Scottish Conservatives do not care about some of the most vulnerable people in our constituencies.

Pensions Update

Joanna Cherry Excerpts

Tuesday 7th September 2021 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

May I press the Secretary of State on the point raised by the hon. Member for Denton and Reddish (Andrew Gwynne) about the women born in the 1950s, who have paid national insurance contributions for at least 40 years? Many are having to continue working through ill health or else face financial hardship or claim benefits, and now they face higher national insurance contributions.

Regardless of which party is responsible for the maladministration that occurred, the Parliamentary and Health Service Ombudsman has found that there was maladministration. Perhaps more important, at the time of the last general election, many Tory MPs made promises to the WASPI women which have yet to be fulfilled. What I would like to hear from the Secretary of State today is whether she can give them any hope for the future—any hope that she will revisit the issue of compensation.

[Dr Coffey]

I appreciate that this is a statement about the uprating, but let me just remind the hon. and learned Lady of the situation relating to the change in state pension age. It was voted through by Parliament in 1995, and there have been changes in the last decade. The Supreme Court made a ruling. We have been through the cases, and the right of Parliament to set the pension age has been upheld, so we will not be reviewing anything to do with the state pension age in response to the WASPI campaign.

Income Tax (Charge)

Joanna Cherry Excerpts

Thursday 4th March 2021 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP) [V]]

This Budget is a missed opportunity. There is no vision, no long-term economic plan and no Biden boost. While I welcome the extension of furlough and the universal credit uplift, yesterday’s announcement simply shunts the cliff edge down the line and does nothing to tackle the fundamental problems that families and business face. The Chancellor has failed to build the bridge to the future that the economy needs. Businesses such as the Edinburgh Beer Factory, a brewery in my constituency, will see their costs balloon before demand returns. They need tapered reliefs and long-term solutions.

I welcome the increase in corporation tax, because businesses in profit can most afford to pay up. In Scotland, we have provided certainty and stability to business with a further 12-month extension of 100% non-domestic rates relief for retail, hospitality, leisure and aviation. The Chancellor has failed to do the same in England, and he needs to up his game for English business. Where is the promised online tax? Many high street retailers are frustrated when they see how companies such as Amazon and Apple have benefited from the pandemic, but still somehow seem to avoid taxation. The way retail is operating now has completely changed, and we need to think about how we tax the new reality. Too much focus on business rates for revenue raising could prevent the much-needed revival for small businesses on our high streets and in our city centres.

Some of Edinburgh’s biggest financial services employers operate in my constituency, and there was a vibrant community of independent local businesses serving their offices. One of these is the Wee Coffee Bar, run by my constituent Sharon Miller. Yet with most offices closed, footfall in our business district has dropped to almost zero, and successful popular businesses such as Sharon’s are struggling to make ends meet. Lockdown has had a big impact on our mental health and wellbeing. Hot Yoga Edinburgh, owned by Allison Harrison, adapted to the best of her ability to meet online needs, but she is suffering real financial hardship as the cost of rent and other overheads exceed the money coming in. She needs the certainty of longer-term support and a credible plan for the recovery of our business districts to help her stay afloat.

Many of my self-employed constituents, including creatives, freelancers and company directors, remain excluded from covid support, and as in so many aspects of this pandemic, women are disproportionately affected. This crisis offered us the opportunity to change our economy and invest for the future. An independent Scotland would take this opportunity and carefully plan a way forward. Constrained in this Union, we are locked into more of the same from this Chancellor for the time being.

Oral Answers to Questions

Joanna Cherry Excerpts

Monday 9th March 2020 Commons Chamber

[Justin Tomlinson]

The hon. Member has raised a very fair point. We have been piloting both audio and video recording of assessments. That pilot will be coming to a close soon. I certainly have a huge amount of sympathy around making sure that there is provision in place for audio recording for claimants.

[Joanna Cherry (Edinburgh South West) (SNP)]

12. What assessment she has made of the implications for her policies on the state pension age of trends in the level of life expectancy.

[The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)]

The Government are committed in legislation to undertake a review of state pension age every six years. The 2017 independent review was by John Cridland. The next review will be conducted by 2023 and will give consideration to the latest life expectancy projections. The latest Office for National Statistics projections of cohort life expectancy, published in January 2020, showed that it is projected to continue to increase, and the WHO Global Health Observatory data show that people in the United Kingdom have better life expectancies than European or world averages.

[Joanna Cherry]

The new Marmot review has shown that a decade of Tory policies, from cruel benefit cuts to the unfair treatment of the WASPI women, have stalled life expectancy and increased the years spent in ill health for the poorest in our society. Which Tory policy would the Minister reverse first to begin to undo that damage?

[Guy Opperman]

I am afraid that the hon. and learned Lady is wrong. I will quote from the Marmot review, which says on page 13 that

“Increases in life expectancy have slowed since 2010”,

but then adds at page 15 that

“Life expectancy at birth has been increasing since the beginning of the 20th century.”

Workplace Deaths: Scotland

Joanna Cherry Excerpts

Wednesday 24th July 2019 Westminster Hall

[Hugh Gaffney]

I thank the hon. Gentleman, who makes the point very clearly. A lot of migrant workers come over to work in the agriculture business. One death is too many, never mind five.

There has not been a single prosecution in Scotland under the UK Corporate Manslaughter and Corporate Homicide Act 2007. It is clear that it is not fit for purpose. It has failed to make our workplaces safer, as highlighted by the increase in workplace deaths in Scotland last year. My colleague Claire Baker MSP presented a Bill in the Scottish Parliament that seeks to strengthen the law. It would create two kinds of statutory culpable homicide—where death is caused “recklessly” or by “gross negligence” on the part of an employer. That is the kind of change in the law we must seriously consider if we are to deter employers from action that may jeopardise the lives of their workers.

[Joanna Cherry (Edinburgh South West) (SNP)]

Does the hon. Gentleman agree with Unite the union and the Scottish Trades Union Congress that the failure to devolve health and safety law to the Scottish Parliament after the Smith commission was a missed opportunity?

[Hugh Gaffney]

Yes, I will always see it as a missed opportunity. I will always support the STUC, which I have known for 30 years and does a fantastic job. I urge the Minister to review the effectiveness of the existing UK corporate homicide law and to reflect on whether there must be changes such as those proposed by Claire Baker in Scotland.

I heard one consistent theme in my discussions with organisations ahead of the debate. There is a feeling that HSE figures do not accurately reflect the number of deaths caused by work-related injuries and diseases. The Hazards campaign believes that the HSE’s figures for work-related deaths do not include workers killed in road traffic incidents or deaths from work-related diseases such as cancer, or those who took their own life because of work-related pressures. It also highlights that the HSE fails to account for work-related ill health such as heart disease and mental health issues. That certainly raises questions about whether the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and other reporting tools are fit for purpose.

There are clearly issues with under-reporting if the labour force survey estimates that work-related injuries are at least 2.5 times higher than those reported through RIDDOR. The Hazards campaign has also raised concerns that recent changes to RIDDOR have led to a nearly 30% reduction in incidents being reported. There are clearly issues with RIDDOR failing to account fully for work-related deaths and ill health. I urge the Government to review the effectiveness of RIDDOR and other reporting tools currently used by the HSE so that we can ensure that the full scale of work-related deaths and ill health is being accurately reported.

A 70% rise in workplace deaths in Scotland is staggering. There is clearly an issue with health and safety enforcement in some sectors of the Scottish economy. I urge the Government to reflect on the issues I have raised today and to look again at the cuts made to the HSE since 2010. I call on them to review the law around corporate homicide to see whether it can be strengthened, and ask them to re-examine the effectiveness of RIDDOR and other reporting tools currently used by the HSE.

International Workers’ Memorial Day is held on 28 April every year. I thank North Lanarkshire Trade Union Council for the work it does at the memorial at Summerlee Industrial Museum in Coatbridge in my constituency every year. The gates at Summerlee are marked with the motto of the North Lanarkshire Trade Union Council:

“The past we inherit, the future we build”.

That makes us remember all those workers who have lost their lives and motivates us to campaign for better health and safety in our workplaces.

The loss of 29 lives last year in workplaces across Scotland should make all of us in this House reflect on the purpose of International Workers’ Memorial Day, which has the slogan:

“To remember the dead and fight for the living.”